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Old 10-13-2013, 09:38 AM
3 posts, read 4,707 times
Reputation: 10


In trying to get approval for replacement of my deck I have come to discover a number of problems with our board. *As for my deck. Though I had heard about an 8ft distance from the building I researched the decs/rules and regs and found nothing specific. In fact nothing stating any guidelines the board *had adopted to follow in making decisions for decks (or for anything for that matter) *The only reference throughout was that any changes would need prior written approval of the board. I found one sentence that I felt was in my favor. ... ...if by any reason of the location, design or construction of any unit it shall be necessary or advantageous to an Owner to use or occupy any portion of the Common Elements for any reasonable appurtenant to said unit which will not unreasonably interfere with the use or enjoyment of the Common Elements by other Unit Owner.....*

I was looking to have my deck go out 10 feet. My old deck went out 7 1/2 and then I had 2 feet taken up by plants put in by previous owners. I was already taking up 9 1/2 feet space so I asked for 10 to keep it simple. *I put together a packet showing any references in the paperwork, included pictures of 5 properties that were larger some almost double the 8 ft alleged limit to backup there was no precident. *

Yet I was denied based on the 8 ft. Limit *I was shocked based on everything I presented. *I am looking at what my options are. This is not right. I have since gotten from a neighbor the plans he presented to the board Asking for 10'ft 3" and was approved. *I also have found out that the board President's fence built a year ago - her form was signed off by a board member - it never even went to the board for approval and vote. *In fact I have found that she is the only one who has been approving or denying these forms. *I know this as I am a Board member. I was surprised to learn this. In addition to dealing with my deck I am trying to have the Board face what's been going on so we can correct these issues (the forms is but one thing I've come to find out).*

As it happens her property is a clear example why we can't have a flat distance limit due to the different shapes of the Units - though on one side her fence comes out the 8feet on the other side her fence is 30 feet. I actually wouldn't have an issue approving her as her property is next to a bank of garages so really doesnt interfere with others use or enjoyment of common elements.*

So properties exist larger than 8ft. I have copy of a plan asking for 10 feet and being approved. The board is not voting on forms. * Does all of this make a case for selective enforcement? *I really don't want to have to seek legal action but don't know if there is any other way.*

Any help, insight or direction would be greatly appreciated.*
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Old 10-13-2013, 01:15 PM
Location: Not where you ever lived
11,544 posts, read 25,993,045 times
Reputation: 6248
What I think is 8' of new is better than no deal. Take it and be happy, or hire an attorney. HOA = PITA in most places because all to often it is not applied uniformly.

Last edited by linicx; 10-13-2013 at 01:24 PM..
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Old 10-13-2013, 01:32 PM
3 posts, read 4,707 times
Reputation: 10
I am going to get a consultation. Trying to do some research beforehand. That's where the selective enforcement came from.
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Old 10-13-2013, 01:35 PM
Location: North Beach, MD on the Chesapeake
33,883 posts, read 42,105,179 times
Reputation: 43291
Find out what the local jurisdiction's zoning says, too. It may be that the 8 ft. is in the local Code and your examples were built prior to the adoption of 8 ft and are grandfathered in.

Zoning codes trump HOA CCRs.
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Old 10-13-2013, 02:20 PM
3 posts, read 4,707 times
Reputation: 10
Already done. Not an issue with the village.
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Old 10-14-2013, 10:23 AM
5,048 posts, read 6,952,408 times
Reputation: 4146
Have you told the rest of the board at a meeting about these discrepancies? And what was the answer?

I know people who feel better to ask forgiveness than permission but that can result in an order to take out what you put in.

Have you actually asked the people who got what they wanted WHY they did? Maybe if you told them your problem they'd come to a meeting and be a witness for you. Or if you email them they'd respond by email and give you evidence.
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