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Neighbor Restrictions: Plan disapproved due to adjacent Lot violation
Posted on 3/18/16 at 10:38 pm
Posted on 3/18/16 at 10:38 pm
A relatively new neighborhood development is subject to subdivision restrictions and protective covenants recorded by the Developer.
The restrictions require approval of the plans by the Commitee (aka the Developer) before building. Let's say the Commitee will not approve the plans despite no violations whatsoever.
The issue is that the adjacent Lot owner's driveway was apparently placed on the wrong side of their Lot such that driveway of the owner seeking plan approval would be directly next to the adjacent owner's driveway unless the house plans are completely changed to a front loader. The same problem exists if the driveway was placed on the other side of the Lot, though that adjacent owner's driveway placement is correct according to the driveway layout plan.
Are there any options or recourse here? Or are you SOL and basically subject to the will of the Developer regardless of plans being in complete compliance with all restrictions and convenants?
The restrictions require approval of the plans by the Commitee (aka the Developer) before building. Let's say the Commitee will not approve the plans despite no violations whatsoever.
The issue is that the adjacent Lot owner's driveway was apparently placed on the wrong side of their Lot such that driveway of the owner seeking plan approval would be directly next to the adjacent owner's driveway unless the house plans are completely changed to a front loader. The same problem exists if the driveway was placed on the other side of the Lot, though that adjacent owner's driveway placement is correct according to the driveway layout plan.
Are there any options or recourse here? Or are you SOL and basically subject to the will of the Developer regardless of plans being in complete compliance with all restrictions and convenants?
This post was edited on 3/18/16 at 10:41 pm
2
Posted on 3/19/16 at 7:41 am to Golfer2012
I've been on my HOA board for years and we have about 5 houses built a year. If you own the lot and this is a significant financial impact, meet with a lawyer. What the developer tells you and what your legal rights are, are 2 separate things.
It's pretty hard to tell you anything else without more specific city, neighborhood, and state laws.
It's pretty hard to tell you anything else without more specific city, neighborhood, and state laws.
Posted on 3/19/16 at 1:02 pm to Golfer2012
Well your plans would be in violation bc 2 driveways would be adjacent to one another, which is against the rules correct?
Have you already purchased the lot? I hope you haven't bc it's always best to make your plans being approved by the developer a contingency of your lot purchase. That way you aren't stuck with a lot that you can't build what you want on. Plus this gives the developer incentive to approve your plans. B/C this way, if they don't approve your plans,they don't get a sale.
Have you already purchased the lot? I hope you haven't bc it's always best to make your plans being approved by the developer a contingency of your lot purchase. That way you aren't stuck with a lot that you can't build what you want on. Plus this gives the developer incentive to approve your plans. B/C this way, if they don't approve your plans,they don't get a sale.
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