What authority does HOA has?

[cvnewbie]

What is the name of your state (only U.S. law)? CA

We built a play house on the hill in our backyard. Before we build it, we checked the CC&R to make sure it didn't violate anything, after that we started building without getting the approval from the Hoa. The playhouse is only visible by one neighbor and not even visible from the common area. However that one neighbor reported it to the Hoa. We submitted the application including our plan to plant tree to block the view from the next door neighbor. The Hoa asked us to attend a meeting to discuss the playhouse, in the meeting, they suggested that we move it down, and they also admit that we did not violate anything on the written CC&R.

We finally got a letter from them after almost 9 months ( they kept asking for more information in between even though they already conducted an on site visit). They asked us to either remove it or lower it down which will involve removing the existing retaining wall). They listed a few reasons like safety ( we already have a licensed inspector checked the safety of the playhouse) , fire hazard ( can be solved by fire repellent spray), visible from neighbor ( can be solved by planting tree) etc. In the letter, however, It didn't say what exact thing did we violate on the CC&R.

So my question is, do we have a case if we decided to go legal?

 

[LdiJ]

What is the name of your state (only U.S. law)? CA

We built a play house on the hill in our backyard. Before we build it, we checked the CC&R to make sure it didn't violate anything, after that we started building without getting the approval from the Hoa. The playhouse is only visible by one neighbor and not even visible from the common area. However that one neighbor reported it to the Hoa. We submitted the application including our plan to plant tree to block the view from the next door neighbor. The Hoa asked us to attend a meeting to discuss the playhouse, in the meeting, they suggested that we move it down, and they also admit that we did not violate anything on the written CC&R.

We finally got a letter from them after almost 9 months ( they kept asking for more information in between even though they already conducted an on site visit). They asked us to either remove it or lower it down which will involve removing the existing retaining wall). They listed a few reasons like safety ( we already have a licensed inspector checked the safety of the playhouse) , fire hazard ( can be solved by fire repellent spray), visible from neighbor ( can be solved by planting tree) etc. In the letter, however, It didn't say what exact thing did we violate on the CC&R.

So my question is, do we have a case if we decided to go legal?

Rather than you going legal, you could possibly just say no to the HOA and force them to "go legal" rather than you having to start a case. If you are right, and you are not in violation of the CC&R then they are unlikely to go that far.

 

[LeeHarveyBlotto]

It sounds to me like the neighbor is being more forceful on the issue and that they are mistaking your kindness for weakness. If you're sure you're not in violation of any rules, tell them so, and that you consider the matter closed.

 

[Silverplum]

It depends upon the authority you granted them when you purchased in an HOA-controlled area. You should take your HOA legal documents and all other info to a local attorney for a consultation.

My parent recently bought a home in an HOA-controlled neighborhood, and their rules make it clear that the HOA can sue one into compliance. What your documents state, exactly, is what controls.

 

[CLJM]

The issue, as I see it, is the violation of building the playhouse on your lot BEFORE you effected the application process for approval. The HOA has plenty of power and authority and the recorded HOA documents are what gives them that authority.

Keep in mind, that the HOA is a protection of the community at large. Their failure to enforce the CC&R's can also bring challenges from any of the homeowners for the failure of the BOD to enforce those CC&R's. Your documents are most likely arbitrarily written (as most are) and gives broad authority to effect administratve and policy guidelines through the BOD. Such as : the CC&R's outlines the overall compliance authority of the community, but in it's given authority to the BOD, the BOD may stipulate the actual allowances (details) through administrative and policy changes. Usually, these are called "Architectural Guidelines"----- may not be included in detail in the CC&R's, but the given authority is.

Part of the application process is that neighbors are usually asked to "acknowledge" what a neighber would like to do; not approve, but just acknowledge that they are aware and have the opportunity to have any concerns address before approval. Such as: how the location of something will impact their view, etc. This seems to be your case...they would like you to "lower (move) it down". As a BOD member, we had a situation where a homeowner choose a location in the back of their yard to store their wood pile. It was hidden from their view and they thought it fine---however, they didn't consider the abutting neighbors view that the woodpile was in direct view of the neighbor's backyard area, nor did they consider that if the BOD allowed it, it could bring about everyone putting their wood pile wherever they liked. For CC&R's to be enforceable, they must be complied with across the board. (can't allow some, but not all) That is why the application process is necessary-- to work with the homeowner for what they want and at the same time ensure that the community upholds it's standards.

One of the reasons the application process and compliance is important is because non-compliance DOES affect the overall community; without compliance, the community becomes "helter skelter with homeowners doing whatever they like and affects the overall community asthetic appeal and values.

People CHOOSE to live in HOA communities precisely because of the restrictions. Litigation between the HOA and a homeowner is rarely productive and you will be paying those expenses two-fold: Your HOA dues will be used for the BOD to enforce compliance, and you will be paying for your own legal expenses.

Your best bet is to work WITH the HOA on this existing issue and to know for the future not to begin building anything before you go through the required application/approval process.

I hope this helps.

 

[Zigner]

The issue, as I see it, is the violation of building the playhouse on your lot BEFORE you effected the application process for approval. The HOA has plenty of power and authority and the recorded HOA documents are what gives them that authority.

I believe that the OP's primary contention is that they didn't do anything that required the approval of the HOA in the first place.

 

[CLJM]

I believe that the OP's primary contention is that they didn't do anything that required the approval of the HOA in the first place.

Zigner,

I was replying on the premise of the OP stating, "we started building without getting the approval from the HOA".
That the OP may have checked the CC&Rs as to an allowance of or for any violations for a playhouse, but may not have checked for the required PROCESS of doing so. That is what seems to be the HOA's contention----the required application and approval process was not complied with. The HOA/BOD authority given in the CC&R's is what will prevail.

 

[Zigner]

Zigner,

I was replying on the premise of the OP stating, "we started building without getting the approval from the HOA".
That the OP may have checked the CC&Rs as to an allowance of or for any violations for a playhouse, but may not have checked for the required PROCESS of doing so. That is what seems to be the HOA's contention----the required application and approval process was not complied with. The HOA/BOD authority given in the CC&R's is what will prevail.

Again, I believe that the OP is contending that their construction would not require approval from the HOA - as such, they felt safe to start building without HOA approval.

 

[Silverplum]

Again, I believe that the OP is contending that their construction would not require approval from the HOA - as such, they felt safe to start building without HOA approval.

They may think so, but I'd bet $5 they're wrong.

 

[Zigner]

They may think so, but I'd bet $5 they're wrong.

I suspect you are right...