HOA - shed / tool/storage room

[Fordman7795]

Didnt read everything due to me hating Hoas but my simple solution is to build a taller fence. Then bang his wife. Then sell the place

 

[RobSmith]

I'm in Australia and as far as I know we don't have any HOA stuff...There are some "covenants" on new subdivisions but they are only there to make the area look nice whilst they are still selling blocks of land. After a couple of years the developer doesn't give a hoot and everyone else tells him to take a hike. What are the penalties if you go beyond the HOA rules ? firing squad ?

 

[dwp99]

I wish I could offer you a really good idea but I've been through hell with a similar situation. I'll tell my story so maybe you can learn what not to do.

I live in in older subdivision (built in 90's) in which the homeowner's have taken over the HOA. Naturally, the "rules" have become less followed as a whole. I needed extra storage space so I put up a very nice shed behind my garage (barely visible from the road) that matched my house. I didn't think anything of it since others in my neighborhood had similar sheds for many years. After my shed was up for six months, the HOA management company sent me a letter saying it had to come down in 15 days. I checked the covenant and sure enough it says no sheds. So I sent a letter showing pictures of other sheds that have been in place for many years (one of which is on the property of an HOA board member). I was sure they would back down. Instead, they sent me another letter "thanking me for pointing out other offenses" and said I still had to take mine down. Then the HOA went around the neighborhood and made everyone take down sheds (except for the board member...his is still up to this day).

Several months after the shed incident I sent an architectural request to put a small 8 foot fence behind my garage thinking that if I couldn't have a shed I would find another way to make a storage area (the fence literally squared off my house and did not protrude into the side or back yard). I made sure I read all of the HOA documents and covenants posted on the HOA website before submitting the application. They never responded in writing within 30 days as indicated in the covenant...so after two months of waiting (I called the management company to make sure they had received the application) I put it up. I stained it and landscaped around it. Several months after that I got a letter saying my fence was in violation because only 6 foot was allowed. I questioned it saying that nowhere in the covenant is the height specified. They sent me a list of "rules" they made up for perimeter fences. I pointed out this was not a perimeter fence. They also said I did not have their permission to put anything up and it would all have to be removed. I brought up the 30 days but they just ignored me, turned me over to the HOA lawyer who started sending threatening letters.

Again, I pointed out other fences in the community that are above 6 feet. I got a lawyer and we argued that they did not respond in 30 days and did not follow the covenant. Also, we pointed out how they were letting some people have sheds and 8 foot fences but not others. I had really good documentation of everything but my lawyer advised me that if I went to court I would have a 50/50 shot of winning...not because I was not right...but because the system can be corrupt. Judges often rule in favor of HOAs. Also, HOA's often get away with making up "architectural rules" from week to week to defend their actions. At this point all of this was becoming very stressful for my family and expensive. If we went to court and lost, we could end up paying $20-40,000 for a $2500 fence (if you lose you will most likely have to pay the HOA lawyer's fees as well as your own). So we decided not to gamble that much money and we had our lawyer negotiate to make the 8 foot fence 6 foot. If they would not agree to that I was going to take them to court since hundreds of 6 foot fences could be found in our neighborhood. They reluctantly agreed to the compromise. But...our neighbors have told me that the HOA president has been spotted snooping on my property while we were not home...most likely trying to see what I am storing and making sure I do not have another shed in there.

Recently I found out that a busy body neighbor (who has not lived there very long...I have lived in my house 11 years) down the street started this whole thing. She turned us in to the HOA for having a shed and started bragging about it. I do not know this woman or even what she looks like. But I have caught her vehicle on several occasions stopped on the side of my house. Apparently she is just a trouble maker and for some reason hates sheds. Why she moved into my neighborhood I cannot figure out.

So what have I learned? Unless you have really good state or local laws, HOA's can get away with just about anything. They really have no one they have to report to when they are corrupt or unfair. Also, it is very hard to get neighbors to rally against them, mainly due to fear and apathy. Also, HOA management companies work for the HOA board members, not for the homeowners. HOA lawyers will play very dirty to get their way and keep the business of the HOA. Fighting all of this can be draining.

If I could go back, I would not have bought a shed but instead tried to add on to my house (with HOA approval and local permits). Now that I am on their radar I doubt they will give me permission for much of anything.

I do know some other people who have dug out an area and lowered their sheds and used trees to hide them. But, as soon as a jealous and/or shed-hating busy body neighbor spots it...I'm sure they will run and tell the HOA. You just can't trust your neighbors...or your HOA.

The best advice I can give anyone...if at all possible... do not buy a home with an HOA (or a home in a community that could create one at a later point). As soon as you sign that covenant you sign away your constitutional rights. You are no longer an American. It is like living in a socialistic, cookie-cutter society. As much as I love my house...it ***** living here. Some people will argue that HOA's keep up property value and serve a great purpose...but, most towns and cities already have pretty strict ordinances for things like landscaping, house colors, etc... and most of what HOA's provide is not even necessary.

Look who's calling the kettle black!

 

[skyking]

No way-never-not on your life Would I sign over my rights to a bunch of half dead loosers on a board telling me how to live. I have no interest in living in a bee hive with a queen ,or a tightly packed group of 200 houses that all look dam near the same .It's like an apartment house with a little more dirt.

It's like buying a new pair of pants and having them tell you which leg your **** hangs in.

 

[Hootbro]

I'm in Australia and as far as I know we don't have any HOA stuff...There are some "covenants" on new subdivisions but they are only there to make the area look nice whilst they are still selling blocks of land. After a couple of years the developer doesn't give a hoot and everyone else tells him to take a hike. What are the penalties if you go beyond the HOA rules ? firing squad ?

They take you to court and if you loose, you pay the HOA court and lawyer fees plus the original cost of coming into compliance. Failure to pay, the HOA can put a lien against your house, evict you and sell the house to recoup the cost with many times you still on the hook to your bank for the original loan and no house to show for it.

Happens more times than you can imagine.

My HOA rules are pretty simple. No buildings forward of the front of the house and no livestock. The rest the county regulates.

 

[Tarheelgarage]

Why the hell would anyone in their right mind ever want to buy into an HOA commie community?

Then come to GJ to ***** about not being able to built a shop/garage, etc??

 

[EOC_Jason]

I dunno, but the OP still only shows 1 post. I don't think he ever came back.

 

[Rodhotz]

I dunno, but the OP still only shows 1 post. I don't think he ever came back.

Like i said, troll!!

 

[buddyboy]

Failure to pay, the HOA can put a lien against your house, evict you and sell the house to recoup the cost...

wow what state do you live in?

here they can only put a lien on the house... they have to wait till you sell it (or die) and then if there is a mortgage on the house the bank usually has first lien then everyone else waits in line.

 

[EOC_Jason]

^^^ That will vary based on the Deed Covenants, but here in Texas most are like that too where they can take & sell your home to pay for HOA dues or back taxes.

 

[MoparTrucks]

It's no different than having local building codes, zoing laws, etc. It's just another set of rules HOA members sign up for...we're all restricted to a certain extent. Even those not in an HOA.

No building codes in my county other than federally mandated septic (entire county zoned agricultural) which is both a good and bad thing but I have lived where there were building codes and they never were that restrictive. I've never lived with an HOA but it seems like they are more concerned with aesthetics than any type of safety issue. I would also be bothered by the fact that many HOAs are made up of neighborhood busy bodies...just sounds like a recipe for dissension and personal animus.

I guess if you live in an area where folks live close together you may want to protect your investment with those restrictions but it would sure bug me if I had to get someones permission to build a shed or something on land I paid for. On the other hand, if its spelled out and you signed the papers knowing about the restrictions its kind of hard to side with the OP.

 

[Joe Reed]

I bought a house in a subdivision with an HOA. I read the rules, thought they were reasonable, and have had no issues. I've added landscaping, built a fence, expanded it a couple of times and built a shed. All that was done in compliance with the covenants and restrictions, and all done after submitting the proposed changes to the Architectural Review Committee and having the approval in writing. No complaints.

Would I like the complete, unrestricted ability to do anything I want on my property without seeking anyone's approval? Sure...who wouldn't! Would I be happy if a neighbor had the ability to erect an eyesore next door, not mow his lawn all summer or paint his house Pepto Bismol pink? Hell no!

It's all a compromise. I'm willing to give up a certain amount of freedom in order for my property value to be protected. If I hadn't liked the rules, I would have bought elsewhere.

It's one thing if you live in an area where all the homes are on acreage or very large lots. It's entirely different in an area like mine where the lots are only 50' wide and my 142' deep lot is one of the largest in the subdivision. When homes are packed in that closely, what you do on your property has a much larger effect on your neighbors.

 

[RobSmith]

DWP99 I would find that womans house and in the dead hours of the night disconnect the water meter (if it's in the front yard or accessable ) and drop a glass marble into the pipe leading to the house then reconnect the meter. When the water is used for the first time in the morning the marble will travel to the next 'kink' in the pipe and block the system. It will take a plumber days to find the problem and cost accordingly. You could probably do it a second time later on. This is an old trick done by plumbers when a customer refuses to pay.

 

[buzz4041]

Call it a dog house. That is not outlawed by HOA.

 

[Al Bundy]

I bought a house in a subdivision with an HOA. I read the rules, thought they were reasonable, and have had no issues. I've added landscaping, built a fence, expanded it a couple of times and built a shed. All that was done in compliance with the covenants and restrictions, and all done after submitting the proposed changes to the Architectural Review Committee and having the approval in writing. No complaints.

Would I like the complete, unrestricted ability to do anything I want on my property without seeking anyone's approval? Sure...who wouldn't! Would I be happy if a neighbor had the ability to erect an eyesore next door, not mow his lawn all summer or paint his house Pepto Bismol pink? Hell no!

It's all a compromise. I'm willing to give up a certain amount of freedom in order for my property value to be protected. If I hadn't liked the rules, I would have bought elsewhere.

It's one thing if you live in an area where all the homes are on acreage or very large lots. It's entirely different in an area like mine where the lots are only 50' wide and my 142' deep lot is one of the largest in the subdivision. When homes are packed in that closely, what you do on your property has a much larger effect on your neighbors.

Never, never and never. I would rather live in a lean-to in the middle of the woods with no running water and no electricity.

 

[Summergirl]

Look who's calling the kettle black!

I see your point but it was not like that. My hope was that the HOA would consider that many people have sheds and then they would back down and amend the covenant to allow them (as another person pointed out happened in their subdivision). I even asked (in writing) to let the community vote since there was clearly a demand for sheds...but the HOA ignored my request. The other sheds I pointed out were out in the open in plain view and had been in place for many years. If I knew they were there I'm sure the HOA did also. The HOA had not been enforcing the rule against sheds for a long time. Anyone driving through for the first time would just assume sheds were allowed based on what they could see.

I just found out the woman who turned in my shed (and more than likely other sheds as well) is a real estate agent. So, that may explain her motivation...a quest to purge the neighborhood so she can sell houses.

There are still lots of "hidden" sheds and I hope very much that those people get away with it. I think that homeowners should have the right to have privacy in their backyards and storage for their tools and lawn equipment. As long as it looks nice and matches the home, I do not see the problem.

This is my first house and I did not have an HOA growing up so I did not know what I was getting into. I didn't even get the covenant until after I had purchased the house (which is legal and happens a lot). Nor did I understand how much power HOA's have and that they can pretty much do whatever they want. I had that "American Dream" mentality that if you purchased land and paid taxes, followed local ordinances, and kept everything looking really nice people would leave you alone. That is not always the case. But, everything happens for a reason and next time I will know better.

 

[Kevin C]

Go underground and make a fallout shelter / tool shed.

 

[Summergirl]

It's all a compromise. I'm willing to give up a certain amount of freedom in order for my property value to be protected. If I hadn't liked the rules, I would have bought elsewhere.

I'm glad that your HOA has worked out better for you. And I'm glad that they allow sheds...that is great. But I have to point out that your HOA can change the "rules" anytime they want. They have ways (sometimes very sneaky) of amending the covenant and adopting resolutions and architectural rules. And a lot of it boils down to who gets elected to the board and what their personal beliefs are. What is allowed one day may not be allowed the next. Keep an eye on them.