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Old Today, 11:17 AM
 
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Quote:
Originally Posted by johngolf View Post

The association docs override municipal rules but not the opposite. Municipality rules say 6 ft fences. Association docs say 8 ft fences. Municipality wins. There is a hierarchy with laws higher than association docs.

Same with on street parking. Docs say no. Municipality says yes. Docs win.

Not neccesarily true. If the docs violate state or municipl law they do not take precidence. They can be more restrictive on some things like fence heights. They can be more restrictive on sheds, paint colors, etc. But approval from the HOA cannot allow you to violate municipal laws like building setbacks. For example a property owner built a shed 2 feet from his property line because he got permission from the HOA to build it 'and they didn't specify any setback'. However the town requires a building permit (which he didn't get) and has a minimum setback (which is part of the approval process). The owner felt that since he had HOA approval he didn't need town approval


As far as on street parking - that can be very iffy. It depends partially on who owns and maintains the street, who is parking on the street. The details matter and can vary from jurisdiction to jurisdiction. It works best if the HOA and the municipality work together on issues like that.
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