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I purchased a bare piece of land. Upon getting the survey done, it became apparent that the house next door was really close to the property line, but I continued and finalized the purchase. The house was built in the late 1990's so I figured that maybe the setbacks were different/smaller back then versus now, where they are 20 feet on all sides of the property borders.
This 20 foot setback area is not to be built in/upon. However, the neighbors built an addition onto their house in 2013, and the corner of their house is only 8 and a half feet from the lot line, not the 20 it's supposed to be.
I raised this issue with the HOA board, and one of the architectural committee members let it slip that they would be "grandfathering them in". However, upon researching past setback requirements, it appears that they have always been 20 feet, and there is a specific provision within the CCR's that state any structure that violates that setback must be removed at the owners expense.
What would you do if you were me in this situation?
I never would have bought the house. If you make them enforce the rules you will be a pariah. But I’d probably be the one to make them enforce the rules or settle with them for some compensation of course.
I’d check with the city/county and see if permits were pulled, etc…they would normally be the one who allowed such a variance.
I purchased a bare piece of land. Upon getting the survey done, it became apparent that the house next door was really close to the property line, but I continued and finalized the purchase. The house was built in the late 1990's so I figured that maybe the setbacks were different/smaller back then versus now, where they are 20 feet on all sides of the property borders.
This 20 foot setback area is not to be built in/upon. However, the neighbors built an addition onto their house in 2013, and the corner of their house is only 8 and a half feet from the lot line, not the 20 it's supposed to be.
I raised this issue with the HOA board, and one of the architectural committee members let it slip that they would be "grandfathering them in". However, upon researching past setback requirements, it appears that they have always been 20 feet, and there is a specific provision within the CCR's that state any structure that violates that setback must be removed at the owners expense.
What would you do if you were me in this situation?
Depends.
If you NEVER have asperations of needing the HOA's blessing for anything, ever, than go ahead and make a stink. But, if you decide to put up a chicken coop, closer than 20' of your prop line, then you already have built-in leverage. Might be a bridge you shouldn't want to burn, just yet.
I never would have bought the house. If you make them enforce the rules you will be a pariah. But I’d probably be the one to make them enforce the rules or settle with them for some compensation of course.
I’d check with the city/county and see if permits were pulled, etc…they would normally be the one who allowed such a variance.
Its not a house just a lot right now. I don't care about being a pariah, and I'm not giving up my beautiful mountain view (away from the neighbors) just for 12 feet. Permits were pulled, but everyone in the decision making chain screwed up. There was no variance requested, there are no circumstances which would require a variance, and they don't qualify for one now.
How can I determine the negative impact on my property if the structure is not taken back to the setback line? Who besides an attorney would determine that? Thanks.
I purchased a bare piece of land. Upon getting the survey done, it became apparent that the house next door was really close to the property line, but I continued and finalized the purchase. The house was built in the late 1990's so I figured that maybe the setbacks were different/smaller back then versus now, where they are 20 feet on all sides of the property borders.
This 20 foot setback area is not to be built in/upon. However, the neighbors built an addition onto their house in 2013, and the corner of their house is only 8 and a half feet from the lot line, not the 20 it's supposed to be.
I raised this issue with the HOA board, and one of the architectural committee members let it slip that they would be "grandfathering them in". However, upon researching past setback requirements, it appears that they have always been 20 feet, and there is a specific provision within the CCR's that state any structure that violates that setback must be removed at the owners expense.
What would you do if you were me in this situation?
I suggest that you do a lot more investigating before taking any action. In particular, you should familiarize yourself with ALL the rules/covenants and make a fairly detailed examination of the community/development covered by these CCR's. Of course you can't go onto private property to do this, but just driving or walking around and observing and taking notes should provide you with a lot of info.
I would look closely at the setback of other properties, but also other things that might be prohibited such as outbuildings, fences, wooden siding, home additions, insufficient paved parking spaces, etc, etc, etc. Once you've done this, you'll have a better idea what you're up against. If you don't do it, you aren't doing your homework and may be in for even greater surprises/disappointments in the future.
At the current time, you have money invested only in the lot. Better to find out what the score is with regard to CCR enforcement now than after you drop a million bucks (or whatever) into your dream home.
I suggest that you do a lot more investigating before taking any action. In particular, you should familiarize yourself with ALL the rules/covenants and make a fairly detailed examination of the community/development covered by these CCR's. Of course you can't go onto private property to do this, but just driving or walking around and observing and taking notes should provide you with a lot of info.
I would look closely at the setback of other properties, but also other things that might be prohibited such as outbuildings, fences, wooden siding, home additions, insufficient paved parking spaces, etc, etc, etc. Once you've done this, you'll have a better idea what you're up against. If you don't do it, you aren't doing your homework and may be in for even greater surprises/disappointments in the future.
At the current time, you have money invested only in the lot. Better to find out what the score is with regard to CCR enforcement now than after you drop a million bucks (or whatever) into your dream home.
Thanks Chas, yes, I've done what you've described. The other homes seem to be in compliance with the CCR's, no fence violations, good setbacks, and the homes follow the design guidelines in terms of materials and styles allowed, so I would say things have been done right as far as I can observe. A small issue is that only about 50% of the homes are built out at this time, as this is in a rural area and most of these are second homes, so seeing the whole area built out is difficult. The lot on the other side of me is also currently empty, and my concern is if the HOA approves the current violating structure on the other side, what's to stop the next homeowner from doing the same thing? I just want to enjoy my lot and protect my investment.
Thanks Chas, yes, I've done what you've described. The other homes seem to be in compliance with the CCR's, no fence violations, good setbacks, and the homes follow the design guidelines in terms of materials and styles allowed, so I would say things have been done right as far as I can observe. A small issue is that only about 50% of the homes are built out at this time, as this is in a rural area and most of these are second homes, so seeing the whole area built out is difficult. The lot on the other side of me is also currently empty, and my concern is if the HOA approves the current violating structure on the other side, what's to stop the next homeowner from doing the same thing? I just want to enjoy my lot and protect my investment.
You have good reason to be concerned. Who owns the lots that are NOT currently built on? Separate owners or a corporation? Typically, each lot owner gets one vote. It matters not whether the lots are built on or vacant as to the voting.
I think you need to privately talk with some of the existing home owners and get their opinion on the subject. Make it known to them that allowing one blatant violation to the CCR's endangers ALL the rest of the rules too, and along with that it endangers the value of their property investment. Surely they must want to live in a CCR community or they wouldn't have bought there in the first place.
My guess is that the current owners just aren't aware of the danger in letting others get by with violations. One violation leads to more, and the more there are, the harder it is to stop even more violations. Your job is to educate them... in a polite way of course. If you're unable to do so, then the CCR's aren't worth the paper they're written on.
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