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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53664
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My HOA declined allowing me to build an out building based

Customer Question

My HOA declined allowing me to build an out building based on the HOA vice president (my next door neighbor) didn't like where I was going to put it. Can he legally stop me? Many others in my neighborhood have out buildings.
Submitted: 5 months ago.
Category: Real Estate Law
Customer: replied 5 months ago.
First he complained that it would block his view, so I worked with him on placement. After the placement was more satisfactory, then he said he didn't want to look at the back of an out building.
Expert:  Richard replied 5 months ago.
Hi Patrick. My name is ***** ***** I look forward to helping you. The HOA is not going to be allowed to prevent you from having the out-building no matter is there may be a restriction or approval process. If there is an approval process, then the board cannot act in an arbitrary and capricious manner. If there is a restriction, then although a HOA has the right to enforce the restrictions in the CC&R's, there are two circumstances where this right is lost...i) where the restrictions have been ignored in the past, and/or ii) where the restrictions have been selectively enforced. If, in spite of the restrictions in the CC&R's, if there are other instances where the situation exists that should fall within the restriction, then one of the foregoing must have occurred, and thus the HOA cannot then legally enforce the restriction against you and any denial of approval would be arbitrary and capricious because of the board allowing them in other instances. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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