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HOA asking to remove shed

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fievetl

Junior Member
What is the name of your state? TX

I just bought this house 6 months ago. It came with a shed. According to the HOA, this shed has never been authorized! I have the survey done when the previous owner bought the house, the shed was there. So it has been here for at least 4 years.

Now, 6 months after I bought the house, and maybe 10 years after the shed was built, the HOA wakes up and suddenly asks me to remove it to comply with the deed restrictions.

I find it hard to accept and would like to know what are my options ? Over-rule the decisions? Compensations ?

Thanks for your help,
 


HomeGuru

Senior Member
What is the name of your state? TX

I just bought this house 6 months ago. It came with a shed. According to the HOA, this shed has never been authorized! I have the survey done when the previous owner bought the house, the shed was there. So it has been here for at least 4 years.

Now, 6 months after I bought the house, and maybe 10 years after the shed was built, the HOA wakes up and suddenly asks me to remove it to comply with the deed restrictions.

I find it hard to accept and would like to know what are my options ? Over-rule the decisions? Compensations ?

Thanks for your help,
**A: remove the shed as the HOA is correct.
 
Hi:
Are there more than one shed in your backyard?

Normally, one shed is allowed as long as the shed is within specified size and meets all requirements, one of which is its foundation.

If the shed is constructed by the previous owner's DIY project, there might have some issues, like structural and boundary which must be 2.5 - 3 feet from all neighbor's boundary lines and also a roof of the shed.

Since the shed was there long before you purchased the house and you're totally unknown to the issue regarding the shed, ... you could ask the HOW whether you are able to get it authorized, or what next step you need to take. If it were me, removing the shed is a VERY last option, although I understand that you also need to comply with the HOA.
 

MoneyShot

Member
Have you verified the specific restrictions in the HOA covenants? If there's any kind of architectural review board, do they have any record of an application for the shed? Have you spoken to the previous owner about this - not as a complaint but as a source of information.

I'd suggest you speak to your board members and see if there's anything that can be done to get the shed approved. If not you have to remove it. What type of shed is it? Frame construction or Rubbermaid-sit-on-the-ground type? Are there other homes with similar (or dissimilar) sheds anywhere in the development?

In our HOA, we allow sheds but require approval. I'm building one right now with a 12'x14' concrete base and would hate to think of ever having to dig that out. I hope yours doesn't have such a foundation if you do need to remove it.
 

fievetl

Junior Member
**A: remove the shed as the HOA is correct.
Thanks you HomeGuru for your answer....it doesn't leave me much options though :-(

Please help me to understand this : does the HOA had access to all the "files" when I bought the house 6 months ago ? Didn't they have to check for compliance then ? By not saying anything when I bought the house does it mean that they were "OK" with everything that comes with the house ?

Hi:
Are there more than one shed in your backyard?
Thanks Sunbreeze67 for your answer,

It is very conforting to read your post...
I have only 1 shed...

Normally, one shed is allowed as long as the shed is within specified size and meets all requirements, one of which is its foundation.

If the shed is constructed by the previous owner's DIY project, there might have some issues, like structural and boundary which must be 2.5 - 3 feet from all neighbor's boundary lines and also a roof of the shed.
That might be the issue, I don't know who have built the shed (it was there when the previous owner bought the house), but it appears that it "touches" the boundary line.
Btw, how could I know the names of all previous owner to find out who built it ?

Since the shed was there long before you purchased the house and you're totally unknown to the issue regarding the shed, ... you could ask the HOW whether you are able to get it authorized, or what next step you need to take. If it were me, removing the shed is a VERY last option, although I understand that you also need to comply with the HOA.
Unfortunately, the answer to my request to get it authorized was "you have 30 days to remove it".
Removing the shed is also for me the last option, the shed was a decision maker when I bought the house, since for safety reasons, I love to see all the dangerous yard tool locked away from my young kids.
So I'd like to know all my rights and options to keep (or replace at HOA expense?!) the shed,

Thanks you all for your help.
 

Zigner

Senior Member, Non-Attorney
Unfortunately, the answer to my request to get it authorized was "you have 30 days to remove it".
Then, I think your answer is clear. You have 30 days to remove it (actually, I'd imagine 29 days by now)
 

fievetl

Junior Member
Have you verified the specific restrictions in the HOA covenants? If there's any kind of architectural review board, do they have any record of an application for the shed? Have you spoken to the previous owner about this - not as a complaint but as a source of information.
Thank MoneyShot for your answer,

The board is saying that they never received any applications for the shed, but I'd like to be sure about that so I am trying to trace the house ownership history.
I have talked to the previous owner, but she does not know anything since the shed was there when she bought the house, nobody complained about it, then sold the house to me 3 years after...and 6 months after, hop, the HOA wakes up....

I'd suggest you speak to your board members and see if there's anything that can be done to get the shed approved. If not you have to remove it. What type of shed is it? Frame construction or Rubbermaid-sit-on-the-ground type? Are there other homes with similar (or dissimilar) sheds anywhere in the development?
I am planning on having an hearing with the board and see if we can settle this properly.

The shed is a rubbermaid-sit-on-the-ground type of shed, so it should be easy to remove...even though I don't want it to....

Anybody think I should go to court or something like that ?

Thank you for your help.
 
I hate to say this, .... but one of neighbors who dislikes to see 'touches' to his/her property line might have reported to the HOA. It's very common nowadays, becauise property value is getting higher and higher, assuming that your place is the same as mine. Even 3 - 5 inches touch is sensitive to some of neighbors, because of 'high' property value in recent years.

If it's because of the code-violation or other issues, then unfortunately you need to follow the HOA guideline which you need to remove it. However, a good thing is that if you wish, you can construct a brand new shed after a complete removal of the existed-shed. For doing so, you need to take every procedures and requirements the HOA asking. First, bring your future plan/new shed to the HOA whether they would approve it soon.

Since you belong to the HOA, I doubt you could go to the City Office, like Zoning Office at which you could appeal and may able to keep the shed as long as the neighbor does not complain. Or, you could speak to him/her in neighborly manner, if you'd think a right thing to do.
 

HomeGuru

Senior Member
Hi:
Are there more than one shed in your backyard?

Normally, one shed is allowed as long as the shed is within specified size and meets all requirements, one of which is its foundation.

If the shed is constructed by the previous owner's DIY project, there might have some issues, like structural and boundary which must be 2.5 - 3 feet from all neighbor's boundary lines and also a roof of the shed.

**A: none of the above matters if the HOA rules state no sheds are allowed.
 

HomeGuru

Senior Member
I hate to say this, .... but one of neighbors who dislikes to see 'touches' to his/her property line might have reported to the HOA. It's very common nowadays, becauise property value is getting higher and higher, assuming that your place is the same as mine. Even 3 - 5 inches touch is sensitive to some of neighbors, because of 'high' property value in recent years.

If it's because of the code-violation or other issues, then unfortunately you need to follow the HOA guideline which you need to remove it. However, a good thing is that if you wish, you can construct a brand new shed after a complete removal of the existed-shed. For doing so, you need to take every procedures and requirements the HOA asking. First, bring your future plan/new shed to the HOA whether they would approve it soon.

Since you belong to the HOA, I doubt you could go to the City Office, like Zoning Office at which you could appeal and may able to keep the shed as long as the neighbor does not complain. Or, you could speak to him/her in neighborly manner, if you'd think a right thing to do.

**A: read my response to you.
 

fievetl

Junior Member
**A: none of the above matters if the HOA rules state no sheds are allowed.
Regarding my HOA, sheds are allowed as long they have been approved.

My concern is that : What are the HOA responsabilities ? Don't they have to make sure that everything comply to the HOA covenants when a transaction is done ? If they had told me that I had to remove the shed before I bought this house, I might have chosen the other house (we were hesitating between 2 houses!)

Thanks everyone for your comments and advices,
 

TinkerBelleLuvr

Senior Member
Your responsibility, as a purchaser, was to ask for the Covenants and Restrictions, to find out what the rules are the HOA. You might find out that you don't like the rules and prefer NOT to live there.

You might have a case for 'status quo', if there are other sheds in the neighborhood that also aren't in compliance. You can check with the Architectural committee to see if the other sheds in the neighborhood are in compliance also.

The problems with HOA is that some act like the HOA ****s (we have 'em in our neighborhood). If you want to bring up your issue to the board, you will need to ask to be an agenda item.
 

nextwife

Senior Member
Hi:
Are there more than one shed in your backyard?

Normally, one shed is allowed as long as the shed is within specified size and meets all requirements, one of which is its foundation.


If the shed is constructed by the previous owner's DIY project, there might have some issues, like structural and boundary which must be 2.5 - 3 feet from all neighbor's boundary lines and also a roof of the shed.

Since the shed was there long before you purchased the house and you're totally unknown to the issue regarding the shed, ... you could ask the HOW whether you are able to get it authorized, or what next step you need to take. If it were me, removing the shed is a VERY last option, although I understand that you also need to comply with the HOA.

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.
 

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