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Thank you in advance for your comments. Are the CCRs for a condo or townhome set by the complex/development, or by the state/county/town in which they are located? Hypothetically speaking, let's say I find a condo or townhouse that has 1 & a half baths, and I want to add a shower to the half bath by utilizing some surrounding sq footage, say a closet or part of a bedroom. Assuming no integrity is lost to any bearing walls, etc., is something like this allowed by most HOAs?
The CCR is not the same for all communities (by city/county/state) and instead determined by the builder of the community. Most HOA's have little or no say on internal upgrades that don't affect the integrity of the home. The local city/county zoning may have their own requirements and often require permits to be pulled and inspections done by the municipality.
The CCR is not the same for all communities (by city/county/state) and instead determined by the builder of the community. Most HOA's have little or no say on internal upgrades that don't affect the integrity of the home. The local city/county zoning may have their own requirements and often require permits to be pulled and inspections done by the municipality.
I would add that many CCRs have to follow local zoning codes. For example, if the local jurisdiction mandates that each residential unit outside the HOA has two offstreet parking spaces then the HOA has to follow that unless there's is an exemption granted.
A HOA development also has to follow the locally adopted maintenance codes for appearance and regulations for livability and those controlling rentals.
Adding a shower as you describe would not usually be an HOA issue. Because it's a plumbing change, that usually requires a building permit and inspection from your local town or city.
My hoa would require that you seek prior approval because you are removing a wall.
Why would they care about inside walls unless it affected structural integrity of the building/home ? Short of a contractor's vehicle parked outside, how would they even know ?
CC&R's are either established by the developer or agreed to by the property owners of the development. Their legal status is that of a contract between all the property owners. They may be enforced by an HOA if there is one or by one property owner against another if there isn't.
State, county and local officials will adamantly tell you that they have no authority, enforcement or otherwise, with respect to CC&R's. There is often a conflict between zoning and building regulations and CC&R's. If there is, and you are a property owner in the development, you must worry about both. "I got zoning approval" means nothing if the CC&R's are more demanding - you will still need HOA (or HOA committee) approval.
Whether something is an HOA issue hinges entirely on what the CC&R's say. When there is an Architectural Control Committee, what qualifies as an HOA issue can be quite odd - but I agree with others that 99.9% of the time these are exterior concerns.
CC&R's are either established by the developer or agreed to by the property owners of the development. Their legal status is that of a contract between all the property owners. They may be enforced by an HOA if there is one or by one property owner against another if there isn't.
State, county and local officials will adamantly tell you that they have no authority, enforcement or otherwise, with respect to CC&R's. There is often a conflict between zoning and building regulations and CC&R's. If there is, and you are a property owner in the development, you must worry about both. "I got zoning approval" means nothing if the CC&R's are more demanding - you will still need HOA (or HOA committee) approval.
I used to tell the HOAs I liased with that constantly-"We don't care what color your door is, just that you have one".
Depending on the type of construction, any changes could affect others especially in a shared wall/floor situation thus an association is right in requiring notification. Like let some fool remove a load bearing wall and the above units collapse.
In my HOA we are private, standalone homes and we can do anything we want to inside our home. As we maintain a common exterior look, we would need permission for any outside changes even as simple as a bush.
As to the original questions, CCR's are not standard and can vary from development to development even when the development's are across the street from each other. CCRs cannot over ride a law but they can be tougher. Classic example is local law that says overnight street parking is allowed but the CCR's you agreed to say no overnight street parking. The CCR's rule as one agreed to abide by them. Quirky but your guest could park overnight on the street, but you, the owner, cannot.
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