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Subject: archetectural approval
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Author Messages
EllieS
(Florida)

Posts:1


07/05/2021 6:25 AM  
If a resident received an approval to put up a structure & the structure turns out to be an eyesore can the HOA refuse to allow a replacement to be erected.
MelissaP1
(Alabama)

Posts:10590


07/05/2021 6:40 AM  
Why not allow a replacement if the first is deemed an eyesore? Maybe will rectify the mistake the first one. Even with the law you have a right to correct the issue before you take action against it. Who determined it was an eyesore and for what reason?

Former HOA President
MarshallT
(New York)

Posts:180


07/05/2021 6:44 AM  
It depends, but it sounds like it would be in the HOA's best interest to have a replacement erected if the first structure did not turn out well. The committee or board may want to include more specific terms and conditions in this instance to ensure the final product turns out well this time.
AugustinD


Posts:1920


07/05/2021 7:03 AM  
Posted By EllieS on 07/05/2021 6:25 AM
If a resident received an approval to put up a structure & the structure turns out to be an eyesore can the HOA refuse to allow a replacement to be erected.
Can you give a timeline of events for this? For example:

2010: HOA approves installation of a structure on an owner's lot.
2021: Structure has deteriorated. HOA tells Owner it has become an eyesore. HOA also declares it will not approve a replacement.
BenA2
(Texas)

Posts:1108


07/05/2021 2:59 PM  
Unless I'm missing something, this is pretty straight forward. Anything can be torn down or altered. Of course, they would have to go through the approval process again and the HOA could approve it or deny it if they have cause, i.e. it does not meet the CC&R requirements.

My guess is that the owner does not think it's an eyesore, why else would they build it? In that case, what others think is irrelevant since it was approved.
MaxB4
(California)

Posts:1601


07/05/2021 4:47 PM  
Posted By BenA2 on 07/05/2021 2:59 PM
Unless I'm missing something, this is pretty straight forward. Anything can be torn down or altered. Of course, they would have to go through the approval process again and the HOA could approve it or deny it if they have cause, i.e. it does not meet the CC&R requirements.

My guess is that the owner does not think it's an eyesore, why else would they build it? In that case, what others think is irrelevant since it was approved.



If it were an eyesore, why did the association approve it?
LetA
(Nevada)

Posts:1466


07/05/2021 4:56 PM  
Why do YOU think it's an eyesore? 
BarbaraT1
(Texas)

Posts:589


07/05/2021 8:47 PM  
There is no one universal standard for every HOA, everywhere.

There is no universal governing body to which all HOAs answer.

So the answer to the perennial "Can an HOA _____" is always going to be "it depends."

It's pointless to ask a generic question. If you want opinions on a situation, describe the situation.

MaxB4
(California)

Posts:1601


07/05/2021 9:01 PM  
Posted By BarbaraT1 on 07/05/2021 8:47 PM
There is no one universal standard for every HOA, everywhere.

There is no universal governing body to which all HOAs answer.

So the answer to the perennial "Can an HOA _____" is always going to be "it depends."

It's pointless to ask a generic question. If you want opinions on a situation, describe the situation.




Well, well said!
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