hoa about to demolish trellises from porches. downgrade; loss of property value

[joshualane]

California

Some of the condos in our HOA community have porches with an overhead trellis consisting of mock gables/timbers supported by 2 stucco(all the exterior is stucco)columns.

The trellises are attractive, and they afford shade as well as more privacy on the porch.

Citing waterproofing concerns, the HOA is having all trellises/stucco columns supporting them demolished, leaving porches w/far less attractive plain stucco parapets(short wall around 2nd story porch)

We are told the porch, which is on the 2nd floor and only accessible by us, is common area. How can that be so?

What can we do to stop the HOA from ruining our porch?

 

[LdiJ]

California

Some of the condos in our HOA community have porches with an overhead trellis consisting of mock gables/timbers supported by 2 stucco(all the exterior is stucco)columns.

The trellises are attractive, and they afford shade as well as more privacy on the porch.

Citing waterproofing concerns, the HOA is having all trellises/stucco columns supporting them demolished, leaving porches w/far less attractive plain stucco parapets(short wall around 2nd story porch)

We are told the porch, which is on the 2nd floor and only accessible by us, is common area. How can that be so?

What can we do to stop the HOA from ruining our porch?

Well, first you need to find out if the waterproofing issue is a truly real reason or if its an excuse because somebody higher up doesn't like the trellises.

If you do not feel that the waterproofing issue is truly real, then you can file a case against them to try to stop the demolition and ask for a temporary injunction against it...consult a local real estate attorney ASAP.

 

[joshualane]

Well, first you need to find out if the waterproofing issue is a truly real reason or if its an excuse because somebody higher up doesn't like the trellises.

If you do not feel that the waterproofing issue is truly real, then you can file a case against them to try to stop the demolition and ask for a temporary injunction against it...consult a local real estate attorney ASAP.

we can't afford one if they charge more than 200$ or so. would representing ourselves be an option? how would we go about it?

 

[quincy]

California

Some of the condos in our HOA community have porches with an overhead trellis consisting of mock gables/timbers supported by 2 stucco(all the exterior is stucco)columns.

The trellises are attractive, and they afford shade as well as more privacy on the porch.

Citing waterproofing concerns, the HOA is having all trellises/stucco columns supporting them demolished, leaving porches w/far less attractive plain stucco parapets(short wall around 2nd story porch)

We are told the porch, which is on the 2nd floor and only accessible by us, is common area. How can that be so?

What can we do to stop the HOA from ruining our porch?

Before you do anything, you should read over your HOA governing documents and, as LdiJ says, get a copy of the inspection that shows waterproofing is a legitimate concern.

Find out how a "unit" is described. Does a unit include the exterior porches and trellises? Are porches described as being for the exclusive use of the owner?

Check to see, in your Declaration of Covenants, Conditions and Restrictions, if a dispute resolution process is outlined.

You can start a petition with other HOA homeowners who, like you, object to the changes/demolition, and present these signatures to the Board. Like-minded homeowners may want to pool funds for a legal consultation or legal representation, if there is no dispute process in place and a legal action/injunction seems necessary.

It is generally the case, though, that courts will uphold the decisions made by the governing boards of the HOA, as long as the decisions can be seen to be in the common interest and are made in good faith.

Good luck.

 

[justalayman]

we can't afford one if they charge more than 200$ or so. would representing ourselves be an option? how would we go about it?

you pool the resources of any owner objecting to the action and together purchase a lawyer's services. If there are 10 of you, then that $200/hour magically becomes $20/hour.





were these constructs original to the condo? If not, were they installed with permission, if required?

 

[joshualane]

you pool the resources of any owner objecting to the action and together purchase a lawyer's services. If there are 10 of you, then that $200/hour magically becomes $20/hour.





were these constructs original to the condo? If not, were they installed with permission, if required?

they were original to the condo. i don't think any study has been done. actually i meant 200$ TOTAL COST.

we are strapped. i know there are criminals who successfully represent themselves who are not lawyers. why can't we? how do we?

any particular form we could submit, for example?

 

[quincy]

they were original to the condo. i don't think any study has been done. actually i meant 200$ TOTAL COST.

we are strapped. i know there are criminals who successfully represent themselves who are not lawyers. why can't we? how do we?

any particular form we could submit, for example?

You represent yourself by doing your homework first.

See if there is a legitimate water problem that the HOA is addressing with the removal of the trellises.

See if you have control over the portion of the exterior that you wish to have remain as-is.

Review your HOA documents to see if there is a dispute resolution process.

Consult with other homeowners to see how they feel about the demolition. If others like the idea of having the trellises removed, you could be fighting a losing battle. If others feel as you do, approach the Board.

If the Board will not listen, pool your resources and have an attorney look into the matter. The attorney can tell you if an injunction is warranted based on the facts.

What you can and cannot do will largely be determined by your HOA documents.

 

[thingvold]

what I have discovered since I was here yesterday is substantial indeed. a reliable source of information has advised me that the hoa must bring in an architect, not simply accept the recommendation a contractor suggests. he tells me the architects findings should be documented along w/anything else, such as plans. he stresses contacting owners also affected, so I got to open notepad and i'll try copy/paste get back here before I snail mail the info. this hoa is likley not the 'garden variety'

 

[thingvold]

what I have discovered since I was here yesterday is substantial indeed. a reliable source of information has advised me that the hoa must bring in an architect, not simply accept the recommendation a contractor suggests. he tells me the architects findings should be documented along w/anything else, such as plans. he stresses contacting owners also affected, so I got to open notepad and i'll try copy/paste get back here before I snail mail the info. this hoa is likley not the 'garden variety'

I am one and the same as Joshua lane. I apologize if it's not permitted to set up new account if you can't handle resetting the password. that's what happened.