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Old 03-18-2016, 10:59 AM
 
38 posts, read 166,688 times
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I want to build a shed in my backyard. The HOA said I cannot place the shed that is visible from the street, basically, it have to be behind the house, no part visible. The thing is, when the house was constructed, the builder installed a slab of concrete in a corner for the shed. This foundation is in visible range of the street.

So who is at fault and what can be done?
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Old 03-18-2016, 11:34 AM
 
Location: Columbus, OH
1,058 posts, read 1,250,313 times
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Sounds like the builder had no idea of the HOA rules. If you put the shed on the slab, it will be visible from the street, correct? I would ask your HOA board.
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Old 03-18-2016, 11:42 AM
 
680 posts, read 1,921,278 times
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Was the builder the original developer of the housing development... And did they control the HOA before having it passed to the home owners?

Can you get confirmation that the builder installed this slab for the purpose of a shed? Is that documented anywhere. Is there a permit filed with the county for that slab and shed?

None of this may even matter and I am not a lawyer, but in many new home developments, the builder/developer is allowed to do anything they want to do, even if it is against some of the HOA ARB rules, and this right is usually spelled out in the HOA docs.

Hopefully you are 'grandfathered' in, but prepare for a fight if you have some disgruntled HOA members.
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Old 03-18-2016, 12:55 PM
 
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My initial reaction when I read the title of this thread was...."no way, no how. It is just not possible!"
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Old 03-18-2016, 01:32 PM
 
Location: North Idaho
32,647 posts, read 48,028,221 times
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That slab will make a nice patio. Get some nice looking patio furnature and some pretty potted plants.

Your shed will be going behind the house. Either the contractor made a mistake or you made a mistake and directed the contractor to pour you a slab without reading the CCR's first.
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Old 03-18-2016, 03:08 PM
 
Location: Lakewood Ranch, FL
5,662 posts, read 10,741,856 times
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Are you sure that it was the builder who put the slab in? For example, if you aren't the original buyer, it could be that a previous owner put the slab in (and maybe a shed) without consulting the rules and was made to remove it before selling the property, or not allowed to finish the project. Just food for thought....
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Old 03-18-2016, 03:19 PM
 
1,021 posts, read 1,664,998 times
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Even if the builder put the slab for a shed in the wrong area if putting the shed on the slab violates the Hoa's Covenants, Conditions, and Restrictions you have little recourse and will only open up a hornets nest trying to fight it. Those are the risks and rewards you get when you decide to move into an Hoa community.
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Old 03-18-2016, 04:55 PM
 
Location: Columbia SC
14,249 posts, read 14,737,232 times
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Quote:
Originally Posted by justinbro2002 View Post
Even if the builder put the slab for a shed in the wrong area if putting the shed on the slab violates the Hoa's Covenants, Conditions, and Restrictions you have little recourse and will only open up a hornets nest trying to fight it. Those are the risks and rewards you get when you decide to move into an Hoa community.
I agree. Do as the HOA wants.
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Old 03-18-2016, 06:59 PM
 
8,574 posts, read 12,408,664 times
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Well, you can ask the HOA for an exception, under the circumstances, but be prepared for them to say "no". Such is life living under an HOA.

Can you screen it with vegetation so it can't be seen from the street?
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Old 03-19-2016, 11:01 AM
 
Location: MID ATLANTIC
8,674 posts, read 22,916,596 times
Reputation: 10517
Well......I have an idea, but it may not appeal to you, and, you would need to verify the same applies to you......but in my neck of the woods, zoning does not consider the prefab storage units"sheds." We've been told (locally) they are not subject to AC guidlines because they are portable "storage units" and not affixed to the ground. Our guidelines state " sheds."


http://www.homedepot.com/p/Rubbermai...2548/203914932
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