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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5543
Experience:  28 years of experience in general practice, real estate law and estate law.
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I am trying to repair my floor in my single story warehouse

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I am trying to repair my floor in my single story warehouse condo.
The HOA is making us do a lot of unnecessary steps. We actually a permit for the city building permit dept. Can the HOA board override an City building permit?
Hello and thank you for your question.

That depends. Can you tell me if the steps they are requiring are stated in your governing documents?
Customer: replied 3 years ago.

No its not...


there are existing sewers in the warehouse and they are accusing us of not connecting the sewers pipes, contaminating the soil which we did a soil sample test to prove them wrong, and after all that they said they would not approve anything until they came into our unit to see what else to fix. We went to the city building and even they said everything looks good in our plans. We are being fined $1000 a month for not fixing our floor but month after month they are creating roadblocks for us to prevent us from fixing our floor.

They cannot create requirements that are not contained in the governing documents.

They can only override the city if these requirements are part of the governing documents.

This sounds like a catch 22. That is outrageous. Perhaps you should file an injunction against them to get this moving.

Customer: replied 3 years ago.

There are nothing in the governing documents that states we have to do soil sampling. We actually hired Mr. Rotor rooter to do a plumbing scope and they had a report. Then they come around and say it wasn't professional enough and we needed to do it again with one of the board members present. Our next door neighbor who is on the board has a personal vendetta against us and it seems like he is using the HOA board power to treating us unfairly. I just feel like its getting to the point we are being harassed but there is no one else to report to. They stopped us once before when we applied for a permit from the city, but recently even the city has sided with us and said everything looks fine and that they can override the HOA. I just wanted to make sure this is true.

Thank You

That is crazy. If there is nothing in the governing documents they have nothing to enforce. I am concerned about the fine. You may need to put them in their place if they continue this course of action.

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Thank you.