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Anyone ignored their HOA bylaws about building shed/workshop? details in post
Posted on 12/13/16 at 11:33 pm
Posted on 12/13/16 at 11:33 pm
Here's my predicament. Bought a house in a nice neighborhood. Small...bout 125 houses tops. This was in April BTW. I never received copy of HOA stuff. It's cheap, like $120/year. I put little thought into since it's not like they are to be expected to provide much for so little.
I was talking to my neighbor a month or so after moving in about building a shed/workshop. (BTW, I mean a nice one. $$$) He says "Oh no, can't do that. It's in the HOA guide." I'm like WTF? To this day I have not received a copy of the HOA guide. We even attended an HOA hot-dog social with the pres and his wife. My wife and I made it a point to mention we were new in the neighborhood and they noted in the list to make sure and send us a welcome packet. That was months ago.
So, here's the dilemma. I am in the back of the neighborhood, backed up to woods. Do I just build it barely out of sight if possible? Can I be told to remove it even though I've never been presented with HOA rules? What recourse do they have? Can I speak to a property attorney for couple hundred bucks or cheaper?
Lastly, I am in Chattanooga, TN. I have seen one other shed in the neighborhood...barely visible from the road. It's about an 8 x 10 shed. Unsure if he was grandfathered in or something. Any actual help is appreciated. Thanks.
I was talking to my neighbor a month or so after moving in about building a shed/workshop. (BTW, I mean a nice one. $$$) He says "Oh no, can't do that. It's in the HOA guide." I'm like WTF? To this day I have not received a copy of the HOA guide. We even attended an HOA hot-dog social with the pres and his wife. My wife and I made it a point to mention we were new in the neighborhood and they noted in the list to make sure and send us a welcome packet. That was months ago.
So, here's the dilemma. I am in the back of the neighborhood, backed up to woods. Do I just build it barely out of sight if possible? Can I be told to remove it even though I've never been presented with HOA rules? What recourse do they have? Can I speak to a property attorney for couple hundred bucks or cheaper?
Lastly, I am in Chattanooga, TN. I have seen one other shed in the neighborhood...barely visible from the road. It's about an 8 x 10 shed. Unsure if he was grandfathered in or something. Any actual help is appreciated. Thanks.
Posted on 12/13/16 at 11:35 pm to sonusfaber
I'd imagine you agreed to abide by the rules of the HOA when you closed on your house.
Posted on 12/13/16 at 11:35 pm to sonusfaber
quote:
Can I be told to remove it even though I've never been presented with HOA rules?
Of course, you are a paying member of the HOA. Not receiving a letter with the rules doesn't exempt you from the rules.
This post was edited on 12/13/16 at 11:37 pm
Posted on 12/13/16 at 11:38 pm to Ed Osteen
quote:
Not receiving a letter with the rules doesn't excempt you from the rules.
I agree, but these people seem to have no teeth anyway. They cant even get people to stop parking on the street.
And here is my big complaint anyway.
I believe they have created the street parking problem. They have allowed no one to build storage. People use their garage for storage. People park in driveway because garage is being used for storage. Visitors must park on street because owners are using the driveways.
Posted on 12/13/16 at 11:39 pm to sonusfaber
First no metal car ports? Now you can't have a shed? Just start parking your car in the front yard.
Don't know if this helps or not, that was way too much text to read this late.
Don't know if this helps or not, that was way too much text to read this late.
Posted on 12/13/16 at 11:40 pm to Ed Osteen
An HOA can put a lien on your property. Violations will have to be paid when you sell your home. Do your homework and abide by your HOA bylaws. Others in your neighborhood invested good money with the understanding that there is an HOA there. Don't be the dick neighbor.
Posted on 12/13/16 at 11:41 pm to sonusfaber
No, I typically do not ignore legal documents.
Posted on 12/13/16 at 11:42 pm to Popths
quote:
An HOA can put a lien on your property. Violations will have to be paid when you sell your home.
This
Posted on 12/13/16 at 11:43 pm to sonusfaber
Unless you live in a gated community that owns the streets (you aren't at $150 a year dues) the streets belong to the city and parking is per city rules, not HOA rules.
Posted on 12/13/16 at 11:44 pm to sonusfaber
quote:
ignored their HOA bylaws
You want to get assassinated? Because that's you get assassinated.
Posted on 12/13/16 at 11:48 pm to Popths
quote:
An HOA can put a lien on your property. Violations will have to be paid when you sell your home. Do your homework and abide by your HOA bylaws. Others in your neighborhood invested good money with the understanding that there is an HOA there. Don't be the dick neighbor.
You raise some good points. Let me add and counter.
So, I looked at a few properties before deciding on this one. I was trying to keep budget low (starter home). The tipping point came when we looked at $175k great house in a shitty 'hood. I bet the rest of the houses were great at some point. I think this was the only house that bothered to keep up anything. Beautiful home. Backed up to barbed wire and burglar bars. Sad man.
At that moment I realized the value of an HOA. Then again, I didn't imagine bylaws that could hinder property improvement. I don't actually think I'd get $ back on $3k+ shed, but it'd likely help sell house that is low on storage.
That being said, please read my upper post. I believe there are other issues and the HOA has created them by not allowing things like this. Maybe they are worried about exposed yards with pieces of shite sheds. I'm willing to spend $$$$ to get a nice shed that practically no one would see. It would solve so, so many problems.
Posted on 12/13/16 at 11:50 pm to sonusfaber
Do what you want... this is America. Ain't it? Legally binding contracts are for commies
Posted on 12/13/16 at 11:51 pm to HubbaBubba
quote:
Unless you live in a gated community that owns the streets (you aren't at $150 a year dues) the streets belong to the city and parking is per city rules, not HOA rules.
Good point Bubba. Maybe that is the problem. They have merely sent a nasty letter to all residents asking (telling) them not park on street and to not "come crying to them" when they get a ticket.
At this point, I'm spending $65/month on storage center so I can park my two cars in my garage. I'd be okay spending $200 on a lawyer to figure it all out.
Posted on 12/13/16 at 11:51 pm to sonusfaber
You need to read the bylaws. It seems like a strict prohibition of improvements of just about any sort is not likely. You may have to get it approved, but no tolerance seems extreme.
Why didn't you ask the president when you had his ear? This isn't really a forgive and forget situation if there is indeed something that extreme in the rules.
Why didn't you ask the president when you had his ear? This isn't really a forgive and forget situation if there is indeed something that extreme in the rules.
Posted on 12/13/16 at 11:53 pm to sonusfaber
Changing the HOA bylaws and rules within the confines of the governing documents of the HOA is one thing but ignoring the HOA as if it doesn't apply to you is a whole different animal. I don't know how they do it in Tennessee, but the HOA would have some teeth down here in Louisiana if they chose to do so.
This post was edited on 12/13/16 at 11:54 pm
Posted on 12/13/16 at 11:54 pm to sonusfaber
I talked to a fellow who was building "a nice one. $$$" as you say to keep his lawnmower and such in. He knew it violated the rules but figured folks would not object since it was so nice and $$$ and all.
He was wrong. Same crew he paid to build it had to be paid again to tear it down once the HOA tore his arse up.
And, perhaps most important, now his neighbors think he is a jerk.
He was wrong. Same crew he paid to build it had to be paid again to tear it down once the HOA tore his arse up.
And, perhaps most important, now his neighbors think he is a jerk.
Posted on 12/13/16 at 11:54 pm to sonusfaber
quote:
I was talking to my neighbor a month or so after moving in about building a shed/workshop. (BTW, I mean a nice one. $$$) He says "Oh no, can't do that. It's in the HOA guide.
the first step would be to find out if said neighbor is FOS or not, I have found in life that about 90% of the people who tell me what the "rules" are have no fricking clue.
Posted on 12/13/16 at 11:55 pm to boosiebadazz
quote:
I'd imagine you agreed to abide by the rules of the HOA when you closed on your house.
This was the correct post right up front. You need to look at what you signed at closing. If you signed to abide by HOA, then call the President, get a copy of the rules and abide by them. If the docs weren't in your closing, too bad on the HOA and build your white trash shed.
Posted on 12/13/16 at 11:55 pm to GRTiger
quote:
Why didn't you ask the president when you had his ear?
Thanks GR. TBH at that point I was still in limbo (as now actually) if I could be cloaked behind the 'never received' documents. This was so close to our move-in/closing that I thought the documents would be sent soon. That was many months ago. In fact, I've never written a separate check for HOA. Nor seen a bill for that matter. I including the balance in the closing dues.
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