The HOA in our beach community contacted us yesterday regarding the placement of our pilings for the rebuild of our beach house after Ike. The piers have been up on the property for 2 1/2 yrs. We have an approved platt from Galveston County but now the HOA says we must be in compliance with their deed restrictions which indicate different requirements. When measuring from the "residence" to the property line. Is the deck considered part if the residence or should the measurement be from the house itself? The HOA also requires approval of plans before house is built. We will provide all documentation but what if they refuse to approve plans although all is in compliance? What recourse does the HOA have if we continue the build if they refuse to approve the plan?
State/Country relating to question: Texas
Hello and thanks for bringing your question to Pearl.com. Deed restrictions can trump building plans that are approval by local authorities. Most often they will be more restrictive. If deed restrictions are disregarded, usually either the association or any member can sue to enforce them. That would mean a court battle to have a judge make the final determination. Therefore, it might be unwise to commence construction before the issue has been fully settled and agreed upon by the architectural committee. The question of whether you measure from the deck or the house itself is so specialized that I cannot comment on it from this distance. There are many factors which might affect that question. I hope that this has been helpful.
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What factors might affect the measurement?
I was referring to things like the depth of the lots, if the deck is attached to house & how; how other similar structures in the community were measured. How specific are the deed restrictions when it comes to measuring set-backs etc...
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