HOA asking to remove shed

[Sunbreeze67]

How can you make this blanket statement without having read both local ordinance and HOA restrictions!?!?!

I have seen many E&Rs that prohibit ANY outbuildings. Or that prohibit such construction without prior HOA approval.

Hi:
Thanks for 'warning' when respond to the others.

I have NO clue at all some of places do NOT allow any sheds, even a small shed like 7' x 8'? The place where I live along with any places I know have at least one shed per household, ... even two 'big' sheds that are needed to go through special procedure/permit under unusual circumstances, like many folks living in relatively smaller house.

Without any shed in the backyard, wonder where lawn-mower, any outdoor equipments and kids' bikes keep safely?

 

[TinkerBelleLuvr]

Our HOA allows NO outbuildings either as decreed in the Covenants and Restrictions. That why it is imperative that a potential buyer READ and STUDY them PRIOR to purchasing the home.

 

[nextwife]

Hi:
Thanks for 'warning' when respond to the others.

I have NO clue at all some of places do NOT allow any sheds, even a small shed like 7' x 8'? The place where I live along with any places I know have at least one shed per household, ... even two 'big' sheds that are needed to go through special procedure/permit under unusual circumstances, like many folks living in relatively smaller house.

Without any shed in the backyard, wonder where lawn-mower, any outdoor equipments and kids' bikes keep safely?

Mowers, bikes and other junk normally go in THE GARAGE (which some deed restrictions require be an attached garage, and others allow ONLY the garage as an outbuilding). Many newer subdivision E&Rs I see REQUIRE a minimum of a two car attached garage when building. Even in my older suburb (I have a '51 mid century modern ranch), most homes have attached garages.

I've also seen newer deed restrictions that prohibit the garage door directly facing the street, and require the garage entrance be around the side.

 

[HomeGuru]

This thread is suddenly making more sense.

 

[nextwife]

This thread is suddenly making more sense.

HG, I recorded a new subdivision E&R doc near the state border a few years back, in which the homes were built around a private airstrip, and the small, private planes, would taxi down the neighborhood streets from the homes, to the airstrip. Homes had attached oversized garages that acted as hangers, so the E&R docs had language addressing hanger restrictions, and airstrip use.

My point, of course for Sunbreeze, is that HOA E&Rs can have LOTS of variations beyond what we are familiar with.

 

[HomeGuru]

HG, I recorded a new subdivision E&R doc near the state border a few years back, in which the homes were built around a private airstrip, and the small, private planes, would taxi down the neighborhood streets from the homes, to the airstrip. Homes had attached oversized garages that acted as hangers, so the E&R docs had language addressing hanger restrictions, and airstrip use.

My point, of course for Sunbreeze, is that HOA E&Rs can have LOTS of variations beyond what we are familiar with.

**A: my pal John Travota just drives his plane right up to his house. And in some states there are agricultural condos that are plots of land.

 

[Sunbreeze67]

Our HOA allows NO outbuildings either as decreed in the Covenants and Restrictions. That why it is imperative that a potential buyer READ and STUDY them PRIOR to purchasing the home.

Hi;
The City where I live allows up to 60% Roofed-Coverage, .... for instance house with garage/carport is 40%(approx.), and back-patio/porch is about 10%. Then, most of neighbors has at least one shed that is probably 5 - 7% coverage? The city next to us is generous enough to allow even more, 70% roofed-coverage. (I have no technical terms on all of those, ... I'm only through the experience). Anyhow, if more than 60% roofed-coverage, then you are in a big trouble, violation. The City sooner or later informs you to tear down an extra Roofed out-building no matter how hardship you need to go through. However, an 'out-building without roof' is allowable. As a matter of fact, some of fathers in my neighborhood are busy making 'Fort with No roof'(small-sized) for their kids to play in the backyard.

 

[HomeGuru]

Hi;
The City where I live allows up to 60% Roofed-Coverage, .... for instance house with garage/carport is 40%(approx.), and back-patio/porch is about 10%. Then, most of neighbors has at least one shed that is probably 5 - 7% coverage? The city next to us is generous enough to allow even more, 70% roofed-coverage. (I have no technical terms on all of those, ... I'm only through the experience). Anyhow, if more than 60% roofed-coverage, then you are in a big trouble, violation. The City sooner or later informs you to tear down an extra Roofed out-building no matter how hardship you need to go through. However, an 'out-building without roof' is allowable. As a matter of fact, some of fathers in my neighborhood are busy making 'Fort with No roof'(small-sized) for their kids to play in the backyard.

**A: Ahh, the days of playing fort.

 

[mrdonsmith]

When you bought your property, you likely paid for a title examination, title insurance, home inspection and a property survey. Did none of this reveal the fact that your property contained an improvement that violated a recorded set of covenants that limit where such a structure can be located? If not, you might want to go back and see if the fault lies there. Due to the passage of time, and depending on your state's statute of limitations, you may not have a claim except perhaps through title insurance. If the structure was erected without the proper approvals from the HOA, no matter how long ago, they can make you comply. But, again, why wasn't the lack of a permitted structure picked up when you were in the process of buying your property? The HOA is quite innocent in this matter.

 

[HomeGuru]

When you bought your property, you likely paid for a title examination, title insurance, home inspection and a property survey. Did none of this reveal the fact that your property contained an improvement that violated a recorded set of covenants that limit where such a structure can be located? If not, you might want to go back and see if the fault lies there. Due to the passage of time, and depending on your state's statute of limitations, you may not have a claim except perhaps through title insurance. If the structure was erected without the proper approvals from the HOA, no matter how long ago, they can make you comply. But, again, why wasn't the lack of a permitted structure picked up when you were in the process of buying your property? The HOA is quite innocent in this matter.

**A: I am willing to bet that there was no disclosure regarding the shed.

 

[TinkerBelleLuvr]

Depending on the size and type of shed, there might not be a need to have a permit from the city or county. That would be picked up in a title search. OP, you would have to contact the title company to see if they check if structures are in compliance with an HOA/POA.

 

[nextwife]

Depending on the size and type of shed, there might not be a need to have a permit from the city or county. That would be picked up in a title search. OP, you would have to contact the title company to see if they check if structures are in compliance with an HOA/POA.

The title company doesn't know if the structures are compliance with the HOA or if permits were issues (unless the title company did the draws and was handling the construction paperwork and funding). The title company does NOT go out and inspect additions to see if they match up with HOA restrictions! Nor would they necessarily know WHERE a structure was placed on the lot. I have seen hundreds of title policies, and title searches and never have seen a search for permits included.

Those placement issues are not covered by the title policy unless they waive the survey exception. And that does not happen unless they are provided a CURRENT survey with the proper certifications, and they WAIVE the standard survey exception.

 

[HomeGuru]

Depending on the size and type of shed, there might not be a need to have a permit from the city or county. That would be picked up in a title search. OP, you would have to contact the title company to see if they check if structures are in compliance with an HOA/POA.

**A: it is rare that a title company would do an ALTA survey. It is very costly.

 

[TinkerBelleLuvr]

Thanks HG - I didn't think the title companies checked on HOA compliance, but I wasn't 100% sure.

I know that when I had my shed put in up north, because it was not a permanent structure and was under 12x16, I didn't have to permit it. I didn't have an HOA restriction either.

 

[HomeGuru]

Thanks HG - I didn't think the title companies checked on HOA compliance, but I wasn't 100% sure.

I know that when I had my shed put in up north, because it was not a permanent structure and was under 12x16, I didn't have to permit it. I didn't have an HOA restriction either.

**A: ok, so I hope this is the end otherwise Nexie will have to correct you again.