Neighbor Agreed to Our Home Addition, One Year Later Changed Mind

[Genkoba]

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

Our neighbor agreed to our home addition (adding a single room). We showed them the plans and they signed the proper forms (association form). Meanwhile our home addition has taken almost a year to complete and we are slowly approaching the 1 year mark (few weeks away). We'll end up needing an extension of 3-5 months.

But now our neighbor has changed their mind and no longer wants us to finish the improvement despite our enormous expense so far. Can they stop us from finishing our house addition? The association form they signed has expired and I'm wondering if that gives them the right to make us take down our home addition despite us already investing tons of money (we already got their approval).

So far we have all the proper permits and have done everything by law. Our only concern is that we took longer than expected to finish due to weather & my job at work. We're weeks away from the 1 year mark. Our association will want want us to resubmit the proper forms which includes getting approval from all our neighbors again. But this time one of our neighbors is not going to sign it. They say it is obstructing their sun exposure. Their house is not a view house and neither is ours and we are surrounded by a lot of trees which makes their request rather confusing. Is it possible they can somehow stop us from finishing forcing us to destroy all the work we did when we originally got their approval one year ago?

We would of never made the improvement unless we had their consent in the first place. They changed their mind as soon as they saw the walls go up. But we showed them the original plans, they knew it was going to be a room.

Do I have anything to worry about?What is the name of your state (only U.S. law)?

 

[JETX]

Do I have anything to worry about?

Your issue is far too complex (local laws, written approvals, permits, etc.) to be answered accurately on a FREE online forum. You really REALLY need to take all your documents to a local attorney who can review them and give you an ACCURATE answer (not a guess based on very limited information).

 

[latigo]

As indicated earlier what legal hurdles may stand in your way need to be sorted out by your attorney.

However, if this caprice on the part of the neighbor who consented to the improvement is the only threat to completing the project, they are not going to be allowed to maintain the about face if they attempt legal action.

The reason is because of a long established principal of the law of equity known as equitable estoppel.

“Estoppel” (legal definition): A bar to the use of contradictory words or acts in asserting a claim or right against another.”

“Equitable estoppel”: An estoppel that prevents a person from adopting a new position that contradicts a previous position maintained by words, silence, or actions when allowing the new position to be adopted would unfairly harm another person who has relied on the previous position to his or her loss. Also called estoppel in pais.”

Your attorney will explain.

 

[drewguy]

As Latigo says, it is probably going to be very hard in nearly any jurisdiction to undo their decision after you've already spent so much time and done so much work. They had their chance to object and didn't. You acted in reliance on that, and if nothing has changed from what you represented earlier they should have no basis to object.

That said, if your HOA has wacky rules, then that may lead to wacky results. I would press the HOA on repermitting/reforming, and keep the work going as long as you can. If you have to explain that the neighbor is now objecting despite having granted permission last year and you're doing exactly what the plans/permits said you would. See what their answer is. Heck, you might just try submitting a copy of the permission slip you used last year and see if anyone notices.

The worst that could happen is that you have to sue your neighbor to get him to sign the form or sue the HOA to let you complete construction without getting renewed permission.

 

[Genkoba]

Guys I really appreciate your responses. Thanks for taking the time! This has helped.