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Legalease
Legalease, Lawyer
Category: Real Estate Law
Satisfied Customers: 16294
Experience:  13 years experience in RE Law, including LL/Tenant, contractor disputes, comm'l prop. issues
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Our CC and R's, in refence to the Architectural Review

Customer Question

Our CC and R's, in refence to the Architectural Review Committee, say that no "building shall be constructed" ..... Whatis defined as a "building"? A resident constructed a rather large hot house (approx 20' X 50'). Our county apparently has said that a permit is required only because power was run to the site.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Legalease replied 9 months ago.

Hello there --

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When you purchase a property that is part of a Home Owners Association or a Condo Association, then you have two levels of burueacracy to deal with. The HOA or COndo Association are legally within their rights to put into place their own CC and R's and other rules and regulations that all owners of the units or houses must follow or be subjected to fines payable to the HOA or the Condo Associations. So, in addition to complying with the local county ordinances in order to build any type of building on your property, you must also review the HOA and Condo documents to make sure that the building you are building falls within their guidelines for aesthetic purposes (so the properties as part of the HOA or Condo Assn will continue to look good as is voted by all of the owners at the beginning of these associations. THe owners of a majority of the units do have the power to call for a special election to remove and board members that the owners feels are not doing their jobs in these areas AND if a new board is convened, the CC&R's and any other regulations at the HOA that you refer to can be changed by a majority vote of a new board of directors. So, while owning property in an HOA or COndo Assn is not as easy as simply owning a private party where the only party you answer to is the building department, the HOA or Condo Assn adds the second layer of compliance and what they do is perfectly legal so long as their powers are set forth in the charter documents of each group and a written set of by laws, as well as CC&R's and other rules and regulations.

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If members are violating the HOA or Condo provisions regarding building and the owners are not inclined to band together to get the current board voted out and a new board voted in so that they can change the rules and regulations, then the only other alternative to such a scenario is to begin issuing fines against those owners who have failed to comply with the building rules.

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I hope that helps. Please let me know if you have any additional questions. If not, can you please press a positive rating above so that I will be paid for my time assisting you today. I am paid nothing unless you press a positive rating above (the middle star or the fourth or fifth star on the right of the middle star are positive ratings and will register as such if you press any one of them). Pressing a positive rating will not cost you any additional money - it simply acts as the trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH

Customer: replied 9 months ago.
Thanks, ***** ***** know most of that. I am trying to find out what is the legal definition of a "building".
Expert:  Legalease replied 9 months ago.

Hello there --

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ANy structure can legally be called a building -- it does not have to be habitable by human beings. It can be a shed, a waterhouse or a greenhouse -- each are separate buildings and must be built according to the HOA rules and regulations.

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MARY

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