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| Wednesday, February 08, 2012
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CandyC1
(Missouri)
Posts:2
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| 08/22/2010 11:26 AM |
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I am a trustee for our HOA. Our subdivision was developed with a set of covenants in place. The original builder filed bankruptcy and a new builder has purchased the lots from the bank. Although the covenants state a minimum of 1200 sf is required, all of the original homes averaged 1700 sf. and a purchase price in excess of $240,000. Now that a new contractor has begun to build, some homeowners are concerned that with the economy being as it is, there will be smaller homes going in along side the larger ones. This is a traditional neighborhood development with a Victorian style architecture. The covenants require that the exteriors stay "consistent". My question is: can covenants be changed to "up" the minimum square footage after lots are purchased by a builder?
I would not think so, but would like some input.
Thank you, |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/22/2010 11:39 AM |
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My question is: can covenants be changed to "up" the minimum square footage after lots are purchased by a builder?
Well since he already has a town approved building permit and has already started building I would say NO.
If you changed it now and forced him to comply he would sue you for any losses, which would be a ton of money and court costs. |
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CandyC1
(Missouri)
Posts:2
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| 08/22/2010 12:44 PM |
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| That's my feeling exactly, but I can't get it across to some of the homeowners here. Any suggestions? |
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MaryA1
Posts:0
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| 08/22/2010 6:44 PM |
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Candy,
Exactly what is your concern? Do you want homes larger than 1,200 sq. ft.? I don't know that the sq. footage must be approved by the city/co. Usually their main concern is density. BTW, any change to the CCRs would require a vote of the members whether the developer is still in control or not. Also, the fact that the CCRs state a MINIMUM of 1,200 sq. ft.the developer has the option to build larger homes just as he did by building 1,700 sq. ft. homes. Know that most communites are comprised of several size homes. My s/d had 4 or 5 models ranging from 1,800 sq. ft. to over 3,500 sq. ft. Frankly I don't understand your concern. |
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GlenL
(Ohio)
Posts:3526
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| 08/23/2010 2:05 AM |
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Posted By MaryA1 on 08/22/2010 6:44 PM
Frankly I don't understand your concern.
Nobody wants a bungalow next to their McMansion.
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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SteveM9
(Massachusetts)
Posts:1442
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| 08/23/2010 3:50 AM |
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but I can't get it across to some of the homeowners here. Any suggestions?
Just tell them your too late. You should have had the requirements you wanted before the builder started.
If you cant convince them to drop the issue or be sued for hundreds of thousands of dollars plus legal fees, there is no advice we can give you. (wink) The legal fees alone will sink your association and the judge will rule in favor of the developer. |
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DonnaS
(Tennessee)
Posts:5671
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| 08/23/2010 5:12 AM |
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Candi,
I am not exactly sure what your concerns are. The sq. footage must be a minimum of 1200. sq. feet and the average footage is 1700. Obviously there are footages above 1700 if that is the average footage. This sounds like a normal type developement.
What size are the lots? With setbacks which the City and the original developer did approvet the concern of someone building a McMansion is not an issue at all.Common sense says that a monster house cannot be built on a 1/4 acre lot with legal setbacks.
Are you looking to have a Stepford Wives village, where in the dark, one cannot find their own house? You said that "some of the homeowners are concerned? If they want to live where they can control what is built next to them, then they should live in a condo complex where they know for sure that the building next to them will fit their ideals and standards. You have standards and requirements. They bought into that, knowing that all houses will not be the same. A bigger house will not depreciate the value of the developement. The $240,000 house is very small in some areas of Missori so that is a non issue. |
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MaryA1
Posts:0
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| 08/23/2010 4:10 PM |
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Glen,
You said: "Nobody wants a bungalow next to their McMansion." That may be true; however the CCRs say a MINIMUM of 1,200 sq. ft. There is no cap so that would mean anything larger than 1,200 can be built. Bottom line: it pays to read -- and understand -- the fine print b/4 signing your John Hancock. |
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