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What recourse does one have if the HOA denies the house plan design?
The house design is a standard rectangular home with a nice appearance. They are claiming that one or two of the architectural committee members don't like the way the house looks. Everyone I show the house to claims the house is aesthetically pleasing.
I do believe one of the board members has a personal bias against me. A few months ago they were asking me personal questions like if I am married, what type of dog do I have, past job positions, etc. Really personal questions. I believe that board member doesn't like me and is being biased against me now when it comes to approving the home.
What recourse do I have if they deny my house plan? Would I have to get an attorney?
Read your documents. Does the board have to be unanimous? Do they have to like what you have (I'd hate an HOA like that) or is reason involved such as following the declaration guidelines for minimum or max house size, number of floors, fronting road if required, certain styles, certain colors named?
What recourse does one have if the HOA denies the house plan design?
The house design is a standard rectangular home with a nice appearance. They are claiming that one or two of the architectural committee members don't like the way the house looks. Everyone I show the house to claims the house is aesthetically pleasing.
I do believe one of the board members has a personal bias against me. A few months ago they were asking me personal questions like if I am married, what type of dog do I have, past job positions, etc. Really personal questions. I believe that board member doesn't like me and is being biased against me now when it comes to approving the home.
What recourse do I have if they deny my house plan? Would I have to get an attorney?
Most people will be polite, though, and not say they think your house is unattractive. I agree with the poster who said read your documents. There must be some specific criteria it has to meet, right?
"Pleasing" is a subjective term. No house is pleasing or not pleasing to everyone.
My guess would be it's the style. An HOA area I'm looking in has a certain style and even colors (earthy). If I turned in an aesthetically pleasing contemporary with an aqua door, it would be rejected.
Look at the other houses and then at yours. Is yours in the same style and color family? Did the board give you any further reasons for the rejection?
You've met with the board in person? I was wondering in what situation were you that one of them had an opportunity to ask you what you did for a living and whether you were married. I didn't think people usually met with the board. They submit drawings electronically or by mail, then have phone conversations or receive responses electronically or by mail.
You already own the lot, so you can't choose another HOA?
I've never had the pleasure of being in your position, but my thought would be to ask the board what modifications to your plan would be suggested in order to make the plan qualify.
How big of an association is this. The HOA docs are absolutely your key to this, particularly the ACC guidelines. Restricted materials and colors will be listed. One community I lived in was a comtemporary, heavily wooded, a riverfront community on a peninsula. Only natural materials were allowed, wood siding, no aluminium and homes had to blend in with the "forest" appearance.
Chances are, if this is a smallish community, as long as you are not violating ACC guidelines (this is huge), an attorney letter will get them backing down. Lawsuits can wipe out an HOA budget in the blink of an eye. If you were to be found in the right, the could also be saddled with your legal expenses. Remember, suing the HOA is suing yourself.
Reply in writing (if you have actually been rejected) asking what part of your plans violate the architectural guidelines so that you can re-submit them after changes. It doesn't matter what "other" people say/think, it has to pass architectural committee review. Do it in writing so that you have proof you asked and request that they reply in same manner.
I will never live in an HOA again but the reason people choose them is for conformity. You need to conform to the written rules. Ask where you can see the rules and give those to your draftsman or architect. Or ask the arch. committee for suggestions. If their suggestions are NOT in the written guidelines you do not need to use them. It's all about the rules. OBEY.
According to OP's other thread, he wants to build an 800 sf home but the HOA requires 1700 sf.
Reading the other thread puts it in perspective.
Last edited by Oldhag1; 08-29-2016 at 01:38 PM..
Reason: Fixed formatting
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