HOA violation?

[slr8362]

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


My HOA is in the process of revising the Design Standards, which detail what you can and cant do regarding appearance. The draft of the revisions states that a number of items (gazebos, playsets, etc.) may be approved if they are not visible from the street. I live on a corner lot, so all of my lot is visible from the street. Can they discriminate against certain types of lots in this way? They do not allow fencing or privacy screening, so I can't "hide" anything in my yard. Also, can they change the design standards (which require only Board approval per the Covenants) to be more restrictive to a lot, or group of lots, after the fact? If so, do they need to "grandfather" current owners? I wouldnt have bought the lot if the "cant be visible from the street" restriction was in effect at the time.

 

[CLJM]

Slr8362,
As a former board director of a large R&C community, we had separate "guidelines" for corner lots--simply because there is a difference between a corner and "internal" lot. I would suggest you contact the HOA, attend the meetings, contribute your concerns and participate in the new design guidelines.
You might think to present several ways of minimizing the visibility factor for corner lots with respect to gazebos, playsets, etc.
Your presentation should include a copy of your plat showing your home and the surrounding areas. It would be helpful to have several copies where you can show ideas of what you might like to include. You might also "skirt" the surrounding neighborhoods for pictures that might help to show, that even with corner lots, backyard assessories fit in very nicely.
This will allow the board to take your concerns into more serious consideration.
Participation is the key in a community of this type---you might consider joining the committee for a greater voice in the overall asthetic appeal of the community.
My best to you.

 

[slr8362]

HOA Violation?

I'm on the drafting committee, and the only one who's not lived here for at least 10 yrs. (I moved here 2 yrs ago). They are all adamant that the "status quo" about view from the street be put into code. It was not in the governing documents when I bought the house, even though it's been an informal policy for 25 years. Can they make that kind of change after the fact? And if so, do current corner homes get "grandfathered"?

 

[CLJM]

Slr8362,
Our community has always made "allowances" for the differences of corner vs internal lots. We also addressed the issue of previously approved changes and "grandfathering" in our governing documents. Do you have approval for what is in your backyard now---either by you or the previous owners? Once the approval is given, the owners have the right to rely on that approval and the HOA is bound to abide by the approval given. As a board, we would NOT have rescinded any previous approval after the fact) --- that would have led to legal challenges and the outcome would most probably not be in the HOA's favor.
Is there something you foresee that is a problem?---something that hasn't been approved ? Are you the only cornerr lot owner?
One thing that must be adhered to---is consistancy and reasonableness in setting up and enforcing the community restrictions, as well as providing for "due process". The original governing documents tend to not really change much, and they are purposefully arbitrary and general in verbiage---it is the "guidelines that are amended and modified to keep in step with any changes desired.
Hopefully, your governing documents should address these issues, and if not, this would seem to be a good opportunity to do so.
I hope I have been helpful.