HOA and requesting amendment

[heavyhitter1k]

Alright, looking for advice here guys.

My neighborhood has an HOA. Not excited about it, but they do keep the place nice and keep the rifraf out. That being said, I would like to request they amend a rule in the covenant.

Currently, we have a "no outbuilding" (ie sheds) rule. While I understand not wanting people to build junky sheds or construct what could be compared to the size of a barn, I would LOVE to have the extra space in my garage by having additional storage in the form of a shed.

I have written a letter to the HOA requesting the process of getting an amendment voted on and passed, and laid out what I think are legitamate guidelines in reguards to the amendment.

Take a look below and give me your advice on the letter AND any other possible avenues / advice on getting this passed.

LETTER:

Dear HOA of XXXXXXXXXX,

I am writing you to request the process needed to apply for and secure an amendment to the protective restrictions, covenants, limitations, easements, and approvals. I would like to suggest an amendment to the current list and then acquire the needed approval to pass said amendment.

I would like to amend Section 12 of the home owners’ covenant. Currently, the wording specifies that “No structure of a temporary character…tent, shack, detached garage, barn, or other outbuilding shall be used…” I would like to add an amendment to the section that speaks on outbuildings and allow them with certain restrictions as follows.

Outbuildings (ie. sheds) may be allowed if they meet the following requirements: Must be approved by the Architectural Control committee in writing in accordance with article III, outbuilding must be inside an enclosed privacy-type fence not to exceed six(6) feet in height and composed of wood or vinyl materials with the color of such fencing being compatible with the exterior color of the dwelling unit, the outbuilding itself may not exceed six (6) feet in total height, the outbuilding must be composed of siding that is of the same quality and finish of the dwelling unit along with color and also comply with Section 17, and the outbuilding must be covered in a similar roofing material (shingles) and finish as that of the dwelling unit again complying with Section 17.

I am requesting this amendment be considered for approval. Please advise me on the process that would need to be followed to obtain the requirements for approval of this proposed amendment.

Thank you in advance,

MY NAME
ADDRESS
LOT #

 

[Harleyrider_50]

......THANK'em........fer whut?......

I'd build my da*n shed........an' tell'em ta go ta hell............

 

[heavyhitter1k]

Yea, i'd just build a shed and tell them to eat it, but there are rules and bs in the covenant about getting approval in writing and all the legal BS....don't feel like spending my money and building a nice shed then having someone complain or whatever and have HOA come in with legal papers making me tear it down.

TRYING to take the right path first....

 

[hoosierdoc]

Put footers on it and it's not temporary?

Heavy hitter, the HOA will win if he just builds it. Sucks, but true.

 

[w_ADAM_d88]

IMO... If you're only wanting to build one that is 6' or under then just build it. If it's under 6' and not visible from the street what does it matter to the HOA? I would think that if they are peeking over your privacy fence to inspect your back yard that that would be an invasion of privacy.

 

[jagee]

Stay on the path you're on. I'm guessing Harleyrider doesn't life in an area with an HOA.

Is there already a requirement for privacy fences? ...that seems like an odd requirement just to have a shed, as long as the shed is of suitable material similar to the finish of the house like you have outlined. I get that the privacy fence would "hide" the shed better but as long as it is not dilapidated and falling down or something I don't see where there would be a problem without a fence.

Also, the shed can only be 6' in total height? ...including the roof structure? That seems a little short, but I don't know what all you are looking to store out there so it might work OK.

My

 

[Harleyrider_50]

Put footers on it and it's not temporary?

Heavy hitter, the HOA will win if he just builds it. Sucks, but true.

Not all'a time dude.......comes with a price when ya push the wrong dude........

http://www.wave3.com/Global/story.asp?S=19537447

 

[heavyhitter1k]

Stay on the path you're on. I'm guessing Harleyrider doesn't life in an area with an HOA.

Is there already a requirement for privacy fences? ...that seems like an odd requirement just to have a shed, as long as the shed is of suitable material similar to the finish of the house like you have outlined. I get that the privacy fence would "hide" the shed better but as long as it is not dilapidated and falling down or something I don't see where there would be a problem without a fence.

Also, the shed can only be 6' in total height? ...including the roof structure? That seems a little short, but I don't know what all you are looking to store out there so it might work OK.

My

I only inculded the fence rule because thats how they passed the amendment to the "no inground pools" rule. Not sure if due to privacy or saftey, but I have a fence so im not too worried. I can remove that but not sure what is needed. Fence hides shed so to speak so yea.

I'm basically just wanting to store yard tools, rakes, shovels, push mower, and snow blower. So 6' height is fine with me and I figured they may be more apt to pass it if it doesn't peak so high. Idk. New to this HOA thing, as my previous home was just a street with houses and no rules. WHich is also why a house on my street had a playset on the FRONT YARD. SO I understand HOA rules to SOME extent...

 

[heavyhitter1k]

IMO... If you're only wanting to build one that is 6' or under then just build it. If it's under 6' and not visible from the street what does it matter to the HOA? I would think that if they are peeking over your privacy fence to inspect your back yard that that would be an invasion of privacy.

I have neighbors to the back of my house that have a 2nd story, and could see inside fence if I had a shed. I don't know alot of them well, so not sure if someone would complain just to complain or if some are just sticklers for rules etc

 

[Harleyrider_50]

Stay on the path you're on. I'm guessing Harleyrider doesn't life in an area with an HOA.

Is there already a requirement for privacy fences? ...that seems like an odd requirement just to have a shed, as long as the shed is of suitable material similar to the finish of the house like you have outlined. I get that the privacy fence would "hide" the shed better but as long as it is not dilapidated and falling down or something I don't see where there would be a problem without a fence.

Also, the shed can only be 6' in total height? ...including the roof structure? That seems a little short, but I don't know what all you are looking to store out there so it might work OK.

My

Nope.......an' WOULD'n live in 1 , neither........?......plunk yer $$ down, buy a place.....YER name's on'a mortgage......YER $$ pay'n for it......YER $$ pay'n the property tax's,ins,etc...list go's on....?.......be sunvab*ch if I'd let anybody tell me whut I can.....an' cain' do........PERIOD.....on my own da*n property.....

 

[findingZzero]

HOA's represent all the home owners. You can be on the board if you have the time. If you live under one, you can't just do what you want. That's why I don't live under one, but my wife does. We have a meeting Monday and I have some concerns (on my wife's behalf). Get some other owners on your side and present your case. I'm new to HOA's, but think you are on the right track. Good Luck.

 

[heavyhitter1k]

If I can't get a shed, I would WANT to add on to back of garage, but that is going to be A LOT more money. Too many things are on back of garage wall (gas meter, a/c unit, electrical meter, etc) to have to move and extending roof line and just seems like a heck of a mess for what it would cost vs. gain me.

 

[w_ADAM_d88]

I have neighbors to the back of my house that have a 2nd story, and could see inside fence if I had a shed. I don't know alot of them well, so not sure if someone would complain just to complain or if some are just sticklers for rules etc

If the neighbors wanted to b**** and complain I'd tell em' to pound sand; then I'd tell them the HOA the same thing when/if I got a notice. It's under 6' inside your yard and not visible from the street, so IMO you should be G2G.

 

[hornadylnl]

If you can tell me I can't have a 7' shed, I can tell you that you can't have 6' shed.

You want the limitations expanded for your benefit but willing to draw the line to the detriment of others?

 

[heavyhitter1k]

If the neighbors wanted to b**** and complain I'd tell em' to pound sand; then I'd tell them the HOA the same thing when/if I got a notice. It's under 6' inside your yard and not visible from the street, so IMO you should be G2G.

Issue lies herein:

Section 12: Temporary Structures and Storage. No structure of a temporary character, trailer, boat trailer, truck, commercial vehicle, RV, camper shell, ATV, detatched basement, tent, shack, detatched garage, barn, or other outbuilding shall be used or located on any lot or adjacent to any lot, public street at anytime....."

I was also told basically "no sheds" in those words. Period. Unless it is somehow ATTATCHED to the house and finished in the same maner as the house. So a shed that is attatched to back of garage and shares a common wall etc. (which is next option, but gas meter a/c unit are already there)

No freestanding structures, reguardless of perminant or not.

 

[rockhopper46038]

I think you'll want to bump the shed height max to 8'; other than that it looks good. You might enclose pictures of your proposed shed, and suggest stock item numbers of pre-constructed or kit sheds from some place like Lowe's so they can visualize what you are talking about. Sucks to be subject to a HOA.

 

[heavyhitter1k]

If you can tell me I can't have a 7' shed, I can tell you that you can't have 6' shed.

You want the limitations expanded for your benefit but willing to draw the line to the detriment of others?

Rough draft. Wasn't sure it needed a height limitation, so it can easily be erased. Just trying to get my ideas on paper and get some feedback. That is all

 

[rockhopper46038]

Or go underground with a buried schoolbus...

 

[heavyhitter1k]

SOMETHING like this. a simple 10x10 or whatever fits my space. I agree on the 8' height as alot of sheds are around that to have a decent sq ft inside.

 

[jagee]

SOMETHING like this. a simple 10x10 or whatever fits my space. I agree on the 8' height as alot of sheds are around that to have a decent sq ft inside.

View attachment 25130

If you use this picture mark is as 'X' and 'Y' on the footprint dimensions so the HOA doesn't assume you are requiring a 10'x10' square structure. There might need to be restrictions on the size of the footprint, however.