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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
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Experience:  27 years of experience in general practice, real estate law and estate law.
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the covenants in my hoa are very clear, stating that no "Building"

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the covenants in my hoa are very clear, stating that no "Building" or "Fence" shall be constructed without prior approval from out board members.
I built a structure, that is simply 4 posts and some cross beams. the IBC states that a "Building" is that which consists of walls and a roof. mine has neither. The HOA is threatening to take legal action to have me remove it from my property. previously, i followed all the actions to get it approved. the covenants state that no building shall be built with out a 7:12 roof pitch. my first set of plans were rejected because of the roof pitch. my second set of plans had a 7:12 roof pitch, and were rejected because i hadnt paid my road maintenence dues. everything is up to date, and they still wont approve my structure.

If i were to fight it in court, am I in the right, and just being discriminated against?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 2 years ago.
Hello and thank you for your question. What type of structure did you build? Can you explain how this structure is used? Has the association adopted the International Building Code in the their Bylaws?
Customer: replied 2 years ago.

It was to be a cover over a small fire pit. it is made our of 10" pine tree posts with beams running between them all. It all checks out with county codes, fire codes, etc.


they base there decissions off county laws, who use the IBC

Expert:  Attyadvisor replied 2 years ago.
Thank you.

I built a structure, that is simply 4 posts and some cross beams. the IBC states that a "Building" is that which consists of walls and a roof. mine has neither. The HOA is threatening to take legal action to have me remove it from my property. previously, i followed all the actions to get it approved.

Did you need to get the approval prior to building the structure?

if the structure was built to meet the requirements and were subject only to bringing your road maintenance dues up to date, threatening you with legal action to remove the structure is arbitrary and may be discriminatory. I am not sure why they are motivated to take this action.


If you end up with a lawsuit you would want to show the court the approval and proof that your road maintenance dues are up to date their you should file a motion to dismiss.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter.
Customer: replied 2 years ago.

no I did not get approval to build a structure. the president at the time, said i didnt need one, because nothing states that you need approval for anything except house color, and building a fence or a building. My structure is basically a pergula shade structure as it stands. The one other thing they keep bringing up, is that it doesnt have a continuous foundation. again.....it isnt a building. I feel 99% that it is discriminatory.


My neighbor, who had been the hoa president for three years, and who i originally asked about building it, doesnt agree with their actions at all. he went around the whole development, and found 57 other violations, and those home owners havent recieved any notices.

Expert:  Attyadvisor replied 2 years ago.
If you do not need approval for this type of structure, and based on the information that you provided I agree that approval is unnecessary, I see no reason that the HOA would prevail in any legal action against you. I would make a note of how many homes have similar structures or other structures where approval was unnecessary.

It does appear that for whatever reason the HOA is arbitrarily holding you to a different standard.
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 4452
Experience: 27 years of experience in general practice, real estate law and estate law.
Attyadvisor and 5 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 2 years ago.
Thank you.

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