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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116833
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am having a issue with a HOA denial of my request to have

Customer Question

I am having a issue with a HOA denial of my request to have a screen pool enclosure - they are siting that it is not normal in Georgia as the reason - I have a appeal with the board and looking for how to best present my argument
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your best argument would be that it is protection from bugs, specifically flies and mosquitoes which carry many diseases. Also, if you have any medical excuses, letters from a doctor would help, such as the screens would have UV blocking and that you require that for your health. Additionally, you need to ride around the area looking for other similar structures and you can use those as part of your argument, that there are other similar structures in the area.
The problem with an HOA is that the members are constrained by the bylaws and the GA law does not prohibit the board of an HOA from denying these types of requests as long as they are within the scope of their bylaws. Thus, many HOA residents find themselves frustrated in that they cannot do things to their own property that they want to do, but this is something that happens when people agree to buy a home in an HOA area, they agree to bind themselves to these restrictions, as unfair as it may be.
Customer: replied 1 year ago.
There is not in th3e bylaws that prohibit a screened in enclosure. The reason I am getting is that is not a standard community wide structure in the sub-division or Georgia. Not in the CCRs state that something has to be standard. I appealing based on the fact that the reason above is not justified in the CCRs as a reason to deny.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The burden of proof would be on you to then prove the standards, which you can get through the manufacturer and also you can get from your local county building inspector, since they have codes on these structures. It is still ultimately, as you know up to the HOA board once you present those standards to the board and if they are arbitrary in denying you after you present the standards, then you can go to court to seek to vacate their decision.
Customer: replied 1 year ago.
Thank you for you information. It does not add to what I am already researching. My I do appreciate your response./
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
I am sorry that the laws are set up as they are, we have no control over that I am afraid, which is why many times when people come to us as attorneys they frequently tell us they already knew what we told them. While it may not add to what you are researching, I had no idea what you knew or did not do, but it is good to know it confirms what you have found, because you know that the laws are what you are finding them to be.
Thank you very much. Best wishes.