|
|
| You are not authorized to post a reply. |
|
|
| Author |
Messages |
|
JeanF4
(California)
Posts:7
 |
| 04/30/2010 10:35 PM |
|
Our HOA's CC&R states that "trees shall not exceed the height of the maximum height of the roof at the pitch".
It is very poorly worded... The pitch is a slope or gradient, so that "at the pitch" is unclear.
Could anyone please clarify how high a tree can be in relation to the roof under that rule? |
|
|
|
|
JackB8
(Virginia)
Posts:105
|
| 05/01/2010 4:43 AM |
|
| Sounds like trees can be no higher than the highest point on the house. |
|
|
|
|
TimB4
(Virginia)
Posts:3229
|
| 05/01/2010 6:54 AM |
|
Jean,
I agree with Jack. Have you asked your Board to clarify this for you?
Tim |
|
|
|
|
MicheleD
(Kentucky)
Posts:4491
|
| 05/01/2010 7:48 AM |
|
I third the interpretation.
The highest part of the roof -- "at the pitch" is superfluous because, as you rightly point out, "pitch" is an angle, a slope, a gradient, not a height. |
|
|
|
|
MaryA1
Posts:0
|
| 05/01/2010 9:08 AM |
|
Jean,
When one speaks of the "pitch of the roof" they generally are speaking of the highest point of the roof; however, pitch of roof = ratio of its height to its span.
However, I do believe this is an example of a CCRs restriction that definitely needs to be defined by the BOD. Most CCRs do give the BOD the authority to define the provisions contained therein. Their definition would have legal bearing should it be challenged by anyone. IMO, the intent of the developer was to not allow any tree that would grow higher than the house. Frankly, I don't understand the reason for this, but mine is not to reason why. . . . |
|
|
|
|
RobertR1
(South Carolina)
Posts:5164
|
| 05/01/2010 9:11 AM |
|
True, the pitch is a slope, a gradient.
Applicable sentence:
"trees shall not exceed the height of the maximum height of the roof at the pitch".
The subject here is not the pitch, the subject is the maximum height of the roof that is pitched highest. Any other roofs of that dwelling that have a lower height at the maximum height of that pitched roof does not qualify. All trees can be lower around that dwelling.
I suspect the reason for the wording is there are different styles of dwellings, none shall exceed the specifications, and the actual height of the tree is dependent on the style of building, which makes sense. |
|
|
|
|
MaryA1
Posts:0
|
| 05/01/2010 9:17 AM |
|
Thx, Robert!
So if you were to define the statement what would you say? Would you state a maximum height for a single story house and another maximum height for a two-story house? |
|
|
|
|
RobertR1
(South Carolina)
Posts:5164
|
| 05/01/2010 11:17 AM |
|
Mary,
Yes.
But all this does is bring up different questions, as you know. A thirty foot tree next to a house creates a different visual effect than one at the end of the driveway. But, some one has to say yea or naye, or, fight it out, or, let everyone do what they want. |
|
|
|
|
MaryA1
Posts:0
|
| 05/01/2010 3:55 PM |
|
Robert,
Yeah. And it all has to do with how intrusive the board really wants to be. The only thing required in my HOA is 2 trees in the front yard and I'm not sure on the number of shrubs. Oh, and the trees can be any height you like! Have you ever seen how tall some of the palms can get???? |
|
|
|
|
RobertR1
(South Carolina)
Posts:5164
|
| 05/01/2010 5:43 PM |
|
Mary,
Which of course brings up another issue tha doesn't seem to be covered here, in spite of the lawyerese language. What kind of trees have to be planted? And twenty years down the line chances are, there has been amendments made and what you used to be able to do you can't do now. The issue is apparently active right now, and someone has to say yea or naye........best it is the Board, or best it is the good boards that does it. |
|
|
|
|
|
| You are not authorized to post a reply. |
|
|
General Legal Notice: The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com. Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship. Readers should not act upon this information without seeking professional counsel. HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional. HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
HindmanSanchez Legal Notice: (For messages posted by HindmanSanchez) This message has been prepared by HindmanSanchez for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Members of HOATalk.com should not act on this information without seeking professional counsel. Please do not send us confidential information unless you speak with one of our attorneys and get authorization to send that information to us. If you wish to initiate possible representation, please contact an attorney in our firm. Our attorneys are licensed to practice law in the state of Colorado only.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)
|
|