HOA problems, Help!

[Pd98]

What is the name of your state? Maryland.

Last year my house and my neighbors house (connecting townhomes) were totally destroyed by fire. Upon the completion of the rebuild my HOA sent us a letter stating that our new homes did not meet the architectural standards of the community. This is what happened and why i'm asking for advice.

two issues:

1. we have a 2nd story single window that was pre fire located just off center (to the left) or our front door. The same window post fire is now centered above the door. A difference of 10 inches. I understand the difference but this is my issue. There are two other homes in the neighborhood (three if you count my neigbor) that have this same window located in the centered position. I argued before the board that since there was a precedent in the community for this design they should not have a problem with my window placement. They denied my request and i'm sure will now fine me. Can I sue them for discriminatory practices or harassament or what legal recourse do i have. I don't want to have to pay the builder to move the window.

2. We have a bay window. The post fire bay windows are significantly narrower. There are no other windows like this in the community. Our builder tells us that due to current building code and the addition of a header in the bay he could not allow for larger windows. We had the local county inspector and our builder write letters addressed to the HOA advising them of this issue. The local inspector said the county (Carroll) does not care what size your windows are, only that certain measurements guidelines need to be met. Our builder stated that due to this measurement requirement he could not make the windows bigger. The Hoa again denied this request stating that the windows may be built to code but that they were too small. Again please help. Builder says he can't change, HOA is going to fine me.

Finally I went to an HOA meeting and laid all this out for the board. The said they can approve one house for one thing and deny another for the same request. I told them that was discrimination. It says nothing in my bylaws about this and only states that all architectural changes must me in harmony with the neighborhood. I told them that was a very liberal phrase and should allow for my current home to pass any inspection.

Please help. I don't want to sue my HOA but i'm not sure what else to do now. Do petitions's work or help?

 

[divgradcurl]

Can I sue them for discriminatory practices or harassament or what legal recourse do i have.

Did you submit your plans for approval by the architectural review board before the construction stated? If so, you probably do have recourse. If not, you probably don't have legal recourse. Architectural review boards are generally given wide leeway by the courts.

We had the local county inspector and our builder write letters addressed to the HOA advising them of this issue. The local inspector said the county (Carroll) does not care what size your windows are, only that certain measurements guidelines need to be met. Our builder stated that due to this measurement requirement he could not make the windows bigger. The Hoa again denied this request stating that the windows may be built to code but that they were too small. Again please help. Builder says he can't change, HOA is going to fine me.

The HOA and the city and county are two entirely different entities, and generally one is not bound by the other. The HOA cannot force you to build something that is not to code, but they don't have to accept something because of the code either. If the HOA is requiring you to build something that is illegal, then it may be worthwhile to try and get an attorney involved. If the HOA and building codes conflict, but allow you to build something, just not what you want, then its unlikely that you will have much recourse.

Finally I went to an HOA meeting and laid all this out for the board. The said they can approve one house for one thing and deny another for the same request. I told them that was discrimination. It says nothing in my bylaws about this and only states that all architectural changes must me in harmony with the neighborhood. I told them that was a very liberal phrase and should allow for my current home to pass any inspection.

Unfortunately, the HOA is generally correct here. The HOA is not obligated to treat everyone equally, this is not illegal discrimination unless you can show that they are discriminating based on race, religion, or membership in another protected class, and the vague "in harmony with the neighborhood" is generally given a lot of deference by the courts. In your situation, it is probably worthwhile to sit down with a local real estate attorney, who can review all of the facts of your situation and advise you accordingly. However, don't expect a miracle here -- the courts don't like dealing with HOA disputes, and generally give HOA's a lot of freedom to operate as they wish. That doesn't mean they can do whatever they want, but if you failed to get your plans approved, including the changes from the original house, you may not have a firm position to stand on.

 

[Pd98]

hoa problem

That Sucks. Thanks for the input.