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re: Anyone ignored their HOA bylaws about building shed/workshop? details in post

Posted on 12/14/16 at 4:26 am to
Posted by ItNeverRains
Offugeaux
Member since Oct 2007
28166 posts
Posted on 12/14/16 at 4:26 am to
quote:

I was going to post something shitty but decided not to. I am an outside dog and I have to remind myself sometimes that other people are inside dogs and they are happy being such.


Know thy self is the most important rule of real estate. It sounds like you've got it.
Posted by BHM
Member since Jun 2012
3578 posts
Posted on 12/14/16 at 5:09 am to
Not sure what your definition of $$$ is but perhaps an attached lean to addition to the back of your home would be allowed.

Lean To







Posted by tigeraddict
Baton Rouge
Member since Mar 2007
13285 posts
Posted on 12/14/16 at 5:25 am to
Not sure about Tenn, but in Louisiana the HOA Covenant agreement is a filed document at the clerk of courts office. Even my subdivisions plot map references that all lot owners are part of the HOA.

As far a power of an HOA, Louisiana law puts an HoA just behind the mortgage company and government when it come to creditors filing liens. Also in Louisiana, and HoA can start the foreclosure process to recoup fines or dues.

And not knowing the rules is no excuse. When u closed on your house you became part of the HoA as your lot is a member of the HoA covenant agreement.

Posted by KG6
Member since Aug 2009
10920 posts
Posted on 12/14/16 at 5:36 am to
First and foremost, what you view is nice, might not be viewed as nice by others. And they may have chosen that neighborhood to ensure they don't deal with living next to what they consider unattractive since the HOA prohibits it.

When an HOA doesn't enforce things, it goes to shite fast. My parents neighborhood has the shed problem. Although they can build a shed, it must be out of the same materials as your house. So they built a 20k small shed. Neighbors started throwing up cheap Lowe's pre-built sheds and the HOA slowly disbanded (or never really started). Now it's noticeable that they have random cheap sheds everywhere. They feel like they wasted a lot to build there's.

Not saying your she'd is probably ugly, but that people have different ideas of what's nice and it slowly leads to more relaxed acceptance. So it is good to nip it in the bud. Also, the street issue is typically unenforceable as others have said. We deal with that here in my neighborhood too, and my wife works for the government, so she knows it's useless to call.

Have you looked into building an attached shed? That would probably solve your issues.
Posted by Displaced
Member since Dec 2011
32905 posts
Posted on 12/14/16 at 5:43 am to
What neighborhood in Chatt. I live here too and our development is still under construction so 100% of the power has not been granted to the HOA yet. The developer (Pratt) still has final word on what is OK or not.

We had a similar situation where a neighbor built a little patio on a hillside and their neighbor had an absolute shite fit about lost privacy. The guy had received permission from the developer though so there wasn't much to do. The neighbor listed her house for sale a month later.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16897 posts
Posted on 12/14/16 at 5:49 am to
quote:

2nd) Fairly certain they are legal document that restrict your rights and are filed down at the city/county offices. Onus is on you to find what restrictions are on your land before you purchase.


I came here to post this. The fact that nobody "provided" you with a copy of the restrictions is irrelevant. It's your duty as a buyer/owner to know the restrictions of your lot/land and to abide by them. They should be filed at the clerk of courts office or possibly on your HOA's website for your convenience.
Posted by stout
Porte du Lafitte
Member since Sep 2006
175547 posts
Posted on 12/14/16 at 6:19 am to
quote:

The benefit he gets is that his property value is protected from his neighbor painting their house lime green and putting phonographic statuary in his front yard. Or hanging car engines from their trees. Or letting their grass grow 3ft tall. The reason you move into an HOA neighborhood is because you want standards. You'd be shocked at what people think look good. We had a guy dig a pond in his front yard and lined it with black visquine.



All of this can be enforced and covered in subdivision restrictions without having a Gestapo HOA to deal with.
Posted by Icansee4miles
Trolling the Tickfaw
Member since Jan 2007
30864 posts
Posted on 12/14/16 at 6:22 am to
Or, if they have a prominent TV shyster as one of their officers they will hire one of his low life buddies to sue you. I say this not so hypothetically.
Posted by Twenty 49
Shreveport
Member since Jun 2014
20034 posts
Posted on 12/14/16 at 6:45 am to
quote:

All of this can be enforced and covered in subdivision restrictions without having a Gestapo HOA to deal with.


But if there is no HOA, an unhappy homeowner/neighbor will have to foot the legal bill and personally sue to enforce those restrictions against a rule-breaker.

And, in some states, if a building/subdivision restriction is violated by an a-hole or two and not enforced for a period of years (as few as two in some places), it is no longer enforceable against anyone.
Posted by crazycubes
Member since Jan 2016
5256 posts
Posted on 12/14/16 at 6:50 am to
Knowing the rules and following the rules would be the right thing to do. If you can just say "frick it" and build your shed, why can't your neighbor say "frick it" and begin to park a boat in his front lawn.
Posted by upgrayedd
Lifting at Tobin's house
Member since Mar 2013
136987 posts
Posted on 12/14/16 at 6:55 am to
My parents put one in their yard. No one knew about it because it was set in the back of the property and there are woods behind their house. HOA found out about it 3 or 4 years later but there was a 2 year statute of limitations so they got to keep it. Winning.
Posted by stout
Porte du Lafitte
Member since Sep 2006
175547 posts
Posted on 12/14/16 at 6:59 am to
I get all of that because I have actually developed a few subdivisions but I think an HOA has too much power sometimes and people usually abide by subdivision restrictions for the most part.
Posted by ruzil
Baton Rouge
Member since Feb 2012
17908 posts
Posted on 12/14/16 at 7:19 am to
Google "due diligence".

Remember to do this before you buy property in the future.
Posted by ItNeverRains
Offugeaux
Member since Oct 2007
28166 posts
Posted on 12/14/16 at 7:23 am to
quote:

I get all of that because I have actually developed a few subdivisions but I think an HOA has too much power sometimes and people usually abide by subdivision restrictions for the most part.


I see both sides and represent both sides for a living. In relation to OP this HOA was in place prior to his purchase of house. To circumvent prior existing governing body makes OP a bigger a-hole than the potential assholery of the HOA should he not abide by rules IMO
Posted by lsufanintexas
Member since Sep 2006
5036 posts
Posted on 12/14/16 at 7:24 am to
And your predicament is exactly why we chose to buy in a neighborhood that had an HOA that was voluntary only and it is primarily to maintain the small neighborhood gardens or what not.

frick an HOA. Our last neighborhood had an overzealous hoa that would literally come out and measure the height of your grass. I'm not talking about overgrown lots but lots that were well maintained. Neighbors and I nicknamed whomever was doing it the grass nazis
This post was edited on 12/14/16 at 7:27 am
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
19513 posts
Posted on 12/14/16 at 7:28 am to
Guess my post wasn't clear. I wasn't saying just because he didn't get the bylaws means he doesn't have to comply. I meant he needs to reread his closing docs for notice of land restrictions. If the HOA hasn't filed with the Clerk and the restrictions aren't listed on the Property Closing docs (the docs I was referring to in my OP) then they aren't binding.
Posted by FlipNDipN
Marietta, OH (ES LPT)
Member since Jan 2015
573 posts
Posted on 12/14/16 at 7:31 am to
Just go to the President of the HOA and ask him or her. This will make life easier in the long run.
Posted by Dam Guide
Member since Sep 2005
16274 posts
Posted on 12/14/16 at 7:35 am to
quote:

I never received copy of HOA stuff.


Should be in the documents you signed when you bought the home if you signed it. They don't deliver it to you.

You need a copy of the covenant to see what it says and probably talk to a lawyer.

quote:

Lastly, I am in Chattanooga, TN


I'm coming to stalk you
Posted by Salmon
I helped draft the email
Member since Feb 2008
85090 posts
Posted on 12/14/16 at 7:38 am to
...I just...I just can't imagine living somewhere that doesn't allow you to build a simple garden or tool shed in the backyard

do you all not have fences?

or do the roofs offend people?
Posted by Major Dutch Schaefer
Location: Classified
Member since Nov 2011
35283 posts
Posted on 12/14/16 at 7:51 am to
quote:

I'd imagine you agreed to abide by the rules of the HOA when you closed on your house.


This. I have lived in 3 different states in subdivisions with HOA and it was always mentioned at closing.
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