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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27185
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Last year I installed a shed without approval from my Homeowners

Customer Question

Last year I installed a shed without approval from my Homeowners Association. In my opinion the shed meets all requirements and the Board disagrees. I have responded to all their letters providing supporting documentation. The Board refuses to provided me with a written response to my letter and as now scheduled an open meeting for the entire neighborhood to discuss the next step.I have lived in my house for 15 years. Previous Boards have approved similar sheds or waived requirements at homeowners request.Any advise
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.
Good morning. Even though the Board disagrees, have their provided a basis for this decision? Does the HOA documents lay out requirements for the a shed to be installed? I am just trying to get an idea of where the disagreement is and problem.
Customer: replied 2 years ago.
My shed is made of a material called T1-11 which is an engineered wood product. The covenants state that sheds need to be of the same building material as the primary residence. Materials such as tongue/groove siding or ship-lap siding are permitted but the exterior finish can not by a plywood or other glued materials.My shed has asphalt singles like my house. It is also has a wood interior frame like my house. In my opinion, this does meet the requirement of the same building material as the house. I believe this was included to exclude a steel or fabric type of shed or storage shed.My shed is made of a wood based material but the finish does not look like plywood or a glued OSB board. All houses in the neighborhood have either brick or vinyl siding.
Expert:  RealEstateAnswer replied 2 years ago.
Thank you for the additional information. It is up to the Board to vote on if the shed is in compliance with the rules and regulations of the HOA. It is not up for the entire community to vote on, since that is why there are elected Board members. Now, when you appear, you want to have the rules regarding the installation of a shed, which have already been set up by the HOA. Then, you want to bring evidence to show and support that what you did is in full compliance with those rules. This way, the burden would shift back to the HOA, to tell you why/how this may not be the case. Moreover, if there has been a history of approval of similar sheds or a waiver, you want to show and document these, to argue that the rules and decisions need to be applied evenly for all homeowners. If they are going to vote against you, then they need to go back and inspect all the other sheds which may not be in compliance and have those removed all well. As long as you have photos and evidence to show what material the shed is made out of and how it does not violate the rules, you can present a strong case.
Customer: replied 2 years ago.
The other sheds which are like mine have been installed for many years. The statue of limitations has run out for the Board to force their removal or change.With the public meeting, is there any other action I could take against the Board with regards to "Quiet Enjoyment" of my home.
Expert:  RealEstateAnswer replied 2 years ago.
If the sol has run then you have another defense/argument to make that they lost the ability enforce this and have it removed. Quiet enjoyment would need to be balanced in this case against the rules and regulations that you agreed to when buying the home. It would not trump them
Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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