Get 1 year of free community web site hosting from Community123.com!
Friday, April 03, 2020











HOATalk is a free service of Community123.com:

Get 1 free year community website and email newsletter hosting from Community123.com!
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: Zoning permits
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
MarleneP
(New Jersey)

Posts:7


10/13/2010 9:34 AM  
We are a 55+ community of single family homes. Residents own the home and the property on which it sits. A resident requested and received approval from the association to re-do the walkway leading to his front door (maintaining the existing footprint). I sent him an email telling him he needed to bring his approval letter and plans to the township zoning office and apply for a permit which is a township requirement. He chose not to do so and did the work without showing his plans to the township or getting a permit. Do I just let this go? The trustees don't really care, they feels it's between the HO and the township. I agree but am wondering if we have an obligation that I'm not aware of. Our bylaws state that one of the duties of the trustees is to cause the "common area to be maintained in accordance with ... governmental rules, statutes and ordinances" -- it says nothing about making sure that the HO also maintains his/her home & property in accordance with the town's statues, rules, etc. Our Rules & Regs, which apply to all members, state that "all township ordinances must be observed." My interpretation in the end is that it is the HO's responsibility to comply with the town's requirement and that the association shouldn't be involved. Anyone see it differently?
DonnaS
(Tennessee)

Posts:5671


10/13/2010 10:48 AM  

Marlene,

I am going to "ASSUME" that New Jersey cities work just the same as cities all over the Country. They want the money for permits, no matter how small they are and where they are. Your resident applied for ARC approval and got it. Once he hired a cement guy, that contractor should have insured that someone had pulled a permit. He did not and the job is done.

On future renovations and reworks, the ARC should approve the project with start after the city permit is shown and documented. JUST LET IT GO!!!! on this one. It was a goofup, nothing more so to open up this can of worms is just too much trouble.
MaryA1
(Arizona)

Posts:388


10/13/2010 3:01 PM  
Marlene,

IMO, this is a matter between the township and the property owner. Our A/C request form states it is the resp of the prop owner to obtain the necessary permits. I would think the only thing the HOA would be concerned with is that there was no violation of the assn's architectural rules.
SteveM9
(Massachusetts)

Posts:3599


10/13/2010 5:00 PM  
resident requested and received approval from the association to re-do the walkway leading to his front door (maintaining the existing footprint).


Its possible he did go to the town hall, and they said it didn't require a permit. So don't get all upset yet.....
Please login to post a reply (click Member Login on the menu).



Get 1 year of free community web site hosting from Community123.com!

Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







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.
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.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement