by Anonymous on November 28th, 2009

Anonymous

Question

Help answer this question below.

I got a a violation for not asking the HOA for permission for the landscaping rock I put next to my driveway 10 years ago. Now they say I can't sell my house until it is approved.

Answers. 1 helpful answer below.

  • by SimplyManaged on January 30th, 2010

    SimplyManaged

    Architectural Control is governed by the Covenants, Conditions and Regulations, or just Covenants for short. Either the HOA board or an architectural committee is in charge of making the approval/denial. One question remains. What constitutes an architectural change and when do you need to send in a request form?

    Generally speaking, an architectural change is any change noticeable from the street, or your neighbors property, that is not easily removed. Some HOAs prepare architectural guidelines for their members. You should contact your property manager or the appropriate board member regarding such guidelines.

    If these guidelines are not available then your board uses the Covenants as guidelines, which is a legal option, as long as consistency is held. Take a look around your community, and ask youself, is everyone held to the same standard?

    My simple advise.
    Be cooperative, ask for the appropriate forms and begin the approval process. Start now, most Covenants grant the board around 30 days to make a decision. See your HOAs Covenants to determine the exact amount of time.

    If you feel your not being treated with consistency or the Covenants are being broken by the board or property manager, then ask to attend the next board meeting for a hearing. Come prepared to present your argument, stay calm and courteous as this makes your case more appealing.

    If the board is breaking the covenants then you may have a legal case against them. Tread carefully though, legal fees can add up quickly and nothing is a sure thing. Look for a Real Estate Attorney with experience dealing with HOAs. This should be your last resort and only considered an option after careful consideration.

    If the board denies your request and they remain consistent (landscaping rocks can not be found on another member's property) then you will have no choice but to remove the landscaping rock and repair the turf. The HOA may not release your deed to the title company without these actions. The HOA should provide a clear resolution to any infraction.

    Remember, follow the covenants, stay calm and courteous, and work cooperatively.

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