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permits

Started by KarenH19 ā€¢ 12 replies ā€¢ 586 views

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KarenH19 (Maryland)
Posts: 26
Posted:
States have requirements when homeowners need permit to build deck, sheds etc. Is it the HOA responsibility to make sure the homeowner actually gets it or does the HOA have a duty to advise the homeowner that they should be getting any permits the state requires? I am in maryland. thanks
LetA (Nevada)
Posts: 2,679
Posted:
it is none of the HOA's concern.
KerryL1 (California)
Posts: 14,550
Posted:
It certainly might be. The HOA's concern--an example would be for our high rise condos. Our ARC Guidelines, which are a "rule" in CA, require submission by the contractor(s)of such permits to it.

We've seen at this site that some Owners think they ONLY need permits, but that's wrong. Just because "the City" approves som plans, does no mean they comply with the ARC Guidelines
KarenH19 (Maryland)
Posts: 26
Posted:
we have always included language in our approval letter that if the state requires it they must get a permit. however we donā€™t follow up to make sure they got it. also itā€™s my understanding if they donā€™t get a required permit the city would find the homeowner not the HOA. we have a new ARC member who is bringing up that he feels the HOA could some how be liable.
KarenH19 (Maryland)
Posts: 26
Posted:
we have always included language in our approval letter that if the state requires it they must get a permit. however we donā€™t follow up to make sure they got it. also itā€™s my understanding if they donā€™t get a required permit the city would find the homeowner not the HOA. we have a new ARC member who is bringing up that he feels the HOA could some how be liable.
KarenH19 (Maryland)
Posts: 26
Posted:
we have always included language in our approval letter that if the state requires it they must get a permit. however we donā€™t follow up to make sure they got it. also itā€™s my understanding if they donā€™t get a required permit the city would find the homeowner not the HOA. we have a new ARC member who is bringing up that he feels the HOA could some how be liable.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By KarenH19 on 04/27/2023 1:09 PM
we have always included language in our approval letter that if the state requires it they must get a permit. however we donā€™t follow up to make sure they got it. also itā€™s my understanding if they donā€™t get a required permit the city would find the homeowner not the HOA. we have a new ARC member who is bringing up that he feels the HOA could some how be liable.

Are these single family homes, condos, townhomes? Does the HOA have any responsibility for maintaining the dwelling where this person lives?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Projects ALWAYS need approval by the HOA BEFORE commencing. This should include submitting a copy of the required permits and/or inspections to the HOA besides just plans. That way it is on record for future.

It should also be noted that many HOA's do have the power to remove a violation if it is not approved, damaged, or needs replacing due to condition. It helps in cases of need to remove due to non approval that a permit does or does not exist. A non-existent permit wields some more power to the HOA side to enforce the removal. It also allows it to be reported to the correct authorities to take care of if needed.
Former HOA President
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By MelissaP1 on 04/27/2023 3:47 PM
Projects ALWAYS need approval by the HOA BEFORE commencing. This should include submitting a copy of the required permits and/or inspections to the HOA besides just plans. That way it is on record for future.

It should also be noted that many HOA's do have the power to remove a violation if it is not approved, damaged, or needs replacing due to condition. It helps in cases of need to remove due to non approval that a permit does or does not exist. A non-existent permit wields some more power to the HOA side to enforce the removal. It also allows it to be reported to the correct authorities to take care of if needed.

It should be noted that in some cases you are absolutely wrong. Project do not ALWAYS have to be approved by the HOA.
LayaS (Nebraska)
Posts: 249
Posted:
I just completed a fence project. The HOA didn't ask about getting a city permit. I got one and taped it to the front door as required by the city. Anyone from the HOA could have seen the permit from the road. But it was not specifically brought up when I got HOA permission for the project.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KarenH19 on 04/27/2023 1:09 PM
we have always included language in our approval letter that if the state requires it they must get a permit. however we donā€™t follow up to make sure they got it. also itā€™s my understanding if they donā€™t get a required permit the city would find the homeowner not the HOA. we have a new ARC member who is bringing up that he feels the HOA could some how be liable.
Does the HOA's Declaration have a covenant requiring that homeowners must obtain any permit the city requires to build a deck, sheds etc.? If not, then the HOA has zero authority to enforce city permitting.

Instead, if the HOA should somehow become aware that the city required a permit, but the owner did not obtain one, and if the HOA wants enforcement action for whatever reason, then the HOA should consider contacting the city. (But the HOA is not required to do so.)
MaxB4
Posts: 3,513
Posted:
On our ARC application, it states that IF a permit is required from the City, then it is the responsibility of the owner to obtain one and keep it handy when the home is sold as most appraisers will be looking for them. They will have signed and dated the box notifying them of the possible requirement of a permit. We have no means to track or store permits from any unit at the complex.

The comment" Does the HOA's Declaration have a covenant requiring that homeowners must obtain any permit the city requires to build a deck, sheds etc.? If not, then the HOA has zero authority to enforce city permitting." this is a load of crap!
LoriM15 (Florida)
Posts: 1,009
Posted:
We are the same as most here. We put the reponsibility for permits on the homeowner if required. However, we do require proof of license and insurance before approving ARC applications.

There is one situation where a permit is required before ARC approval. We have a very complicated and unusual situation where each of the two sides of our duplexes, with a single roof, are recorded as single family homes so they must do the roof at the same time or show a permit from the county that they will be allowed to install half a roof.

The other thing that can happen is if the homeowner performs work without ARC approval and it doesn't have a county permit, but the ARC and the county can stop the work.

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