Building Covenant

[rgood]

Guys I'm just about to close next week on an acreage in a horse community/development. The covenant rules state "Owners are entitled to build outbuildings however they can only be constructed on the parcel after the Declarant have consented in writing to its size, material and location."

So, as you know, due to fuel prices metal prices etc, I'm trying to get locked in on a building construction price - Prices are rising so fast that Quotes are only good for 5 days. Therefore, I emailed nice color pictures of my proposed building, stated the colors, location, size material etc in pretty word documents - And my 1st meeting with the owners association was canceled due to sickness - I understand things happen - Now the latest is "Bring architectual drawings to a meeting some time in early July"

I really thought I was being corteous by doing as much as I've already done. I have a $200,000 land purchase happening next week and think I deserve a nod on my building request - What do you think? Keep in mind the only ones involved in this so far are the owner and one other family that has purchased a parcel in this development

 

[Bird]

I think that sounds quite normal, and is the reason I wouldn't even consider buying property in such a development. However, it apparently works well for a lot of people.

 

[bmac]

I agree witth Bird. But, someday you may appreciate the fact that standards exist.

 

[rgood]

I am glad there is a covenant - Here in Florida you can get all kinds of temporary shelters being built etc - However, the Covenant doesn't say anything about having to submit "Drawings" - I bet most of the people on this forum build their polebarns and never see a drawing.

So, I don't know whether to further entertain them and spend time trying to manipulate photoshop or how to learn Google Sketch or just tell 'em Look - Here's what the covenant I signed requires and here's what I'm giving you. I already submitted color photos, which in my book are a lot better than drawings anyway.

 

[Bird]

just tell 'em Look - Here's what the covenant I signed requires and here's what I'm giving you

Yep, that might work. On the other hand, human nature being what it is, if they even think that you are challenging their authority . . . well, good luck. Do you remember the line from the movie, McClintock, "You've got to grovel."

 

[bmac]

Yep, that might work. On the other hand, human nature being what it is, if they even think that you are challenging their authority . . . well, good luck. Do you remember the line from the movie, McClintock, "You've got to grovel."

Don't know how many of you get or know of the Rick and Bubba Show. They're a couple of rednecks (a good thing, generally) out of Huntsville AL. In any event, tey want to run for President. Part of their platform is to get rid of the United Nations and replace it with a homeowners association. Their rationale? Nothing gets by a homeowners association without notice. Their decisions cannot be contested. Much funnier when they explained it.

 

[Bird]

Is it true that the primary purpose of homeowners associations is to ensure employment for all the attorneys in the area?

Nah, seriously, they must work because every new development I've seen in the area has them. Three years ago, we looked at new homes, and found at least two that we would have bought had it not been that they had homeowners assocations. I know the idea is to keep the neighborhood up, but we recently drove through one of those neighborhoods and was amazed at two things. One was the number of those houses that were already for sale, and the other was the poor condition of the area.

But instead, we found a house that was built in 1991 in an area with no homeowners association. Yep, we have some trashy places, several rental properties in the area, etc., but we also have some very nice places.

 

[bigshovel]

We have covenant's and I'm glad. There are ten homes in our 100 acre development, we all have space. Ours are basic 1, No above ground pools, in my opinion they are an eyesore, 2, no clothesline's, good don't want to see underwear blowing in the breeze. 3, only single family homes no rentals or business. 4, only one outbuilding on deeded house lot must be permanent and match home, good I hate the look of pole barns and sheds on sleds. 5, Animals limited to 2 horses and domestic pets "not enforced" doesn't bother any of us. No further subdivision of any parcels. Pretty basic, glad it's in place, all 10 of us keep everything clean and neat no cars on blocks or makeshift fences and gates.

Brad

 

[rox]

Guys I'm just about to close next week on an acreage in a horse community/development. The covenant rules state "Owners are entitled to build outbuildings however they can only be constructed on the parcel after the Declarant have consented in writing to its size, material and location."

So, as you know, due to fuel prices metal prices etc, I'm trying to get locked in on a building construction price - Prices are rising so fast that Quotes are only good for 5 days. Therefore, I emailed nice color pictures of my proposed building, stated the colors, location, size material etc in pretty word documents - And my 1st meeting with the owners association was canceled due to sickness - I understand things happen - Now the latest is "Bring architectual drawings to a meeting some time in early July"

I really thought I was being corteous by doing as much as I've already done. I have a $200,000 land purchase happening next week and think I deserve a nod on my building request - What do you think? Keep in mind the only ones involved in this so far are the owner and one other family that has purchased a parcel in this development

Well like Bird says, don't want to get on the wrong side of them. Could you possible compromise? Could you tell them that you don't have architectual drawings because you were not aware that it was required. Then ask them what information they are looking for in the architectual drawings. I also note that you e-mailed as your schedualed meeting was cancelled. What you are mising is that face to face meeting, things probabl would have went better if you would have had that meeting. is there any way for you to met one on one with the people who are passing judgment of your building? How many are there? I used to do tha a lot at work, instead of having a meeting I would go individually to 4 or 5 people and quickly go over the item, get their sign off and then move onto the next one. In other words can you pick them off one by one? Also once you get in there perhaps you could try to get onto that board.

 

[CurlyDave]

I would postpone the closing until they had approved the building you want.

The main reason for this is contained in your own post: Keep in mind the only ones involved in this so far are the owner and one other family that has purchased a parcel in this development.

Essentially, they need you more than you need them right now. But, as soon as your money is in their hands the roles reverse and you are at their mercy. So, just postpone the closing. Believe me, that will get their attention.

I personally would never spend that much money on a building site in a development, much less one with a homeowners' association.

DW and I looked long and hard to find enough land that we can control our neighborhood just by controlling our own property. Essentially no one can build a slum next door because "next door" is pretty far away. And, if I want a polebarn, I can have one, and I can put it in a far corner of the property so it is not an eyesore. If I decide I want a nicer barn, I can build that, either instead of or in addition to the pole barn. And, I can change the plans along the way and paint it whatever color I like.

 

[rgood]

Thanks for your input Dave - I have about $10,000 into this deal already - And am closing already closing on the last day available according to the contract we signed -So, I have to be careful.

 

[riptides]

Try and find a person in the association on the board and talk with them?
Tell them what your doing?
Perhaps they can call a special meeting to move your processing forward.

HOA's are run by people input, some of them, you might live next to.

 

[CurlyDave]

I have about $10,000 into this deal already - And am closing already closing on the last day available according to the contract we signed -So, I have to be careful.

I know from experience (I was the seller in a deal that didn't close due to last-minute buyer's remorse, not even a good reason stated) that in most states you will get all of your earnest money and deposit back. Consult a lawyer for $100-200 or so to be certain. A lot less expensive than groveling in front of some homeowners' board for years.

Look at the motivations here. They have only sold one parcel, and with real estate the way it is they need to keep every sale they have. They are not going to be sticky about meeting deadlines. Write the seller a letter and say you can't close because of this issue. Put the burden back on him. You aren't refusing to close on time, but the meeting you had to attend to get your approval was postponed -- that is more his fault than yours. This alone is sufficient to postpone the closing until you can be certain you will be allowed to build your structure.

Once you have bought, the homeowners' board are not your friends. They have every motivation to force you into the most expensive possible building. Why? Because it increases their nearby property value at no cost to them. The board will never state this, and the idea may not even form completely in their minds, but at some gut-instinct level they know this.

The wisest man I have ever known told me that in order to understand any human situation: "Look for where the profit lies."

 

[rgood]

Here's an update - I closed on the property - Meeting is next week - I'll let you know how it goes - Stay tuned

 

[heehaw]

i know it all depends on the homeowners assoc.: but unless the ones that are in it are willing to lay out the $$$$ for an attorney, its worthless and powerless. there are exceptions, like when a city takes over a area an takes over the rules: most citys have attorneys on retainer anyway, so they aren't as concerned about the cost of enforcement. i had a good friend that was the president of his homeowners assoc: they had let a few things slide and didn't enforce them as they should have, so someone bought a lot, an started a house way smaller than the required size: they went to court and were told that since they hadn't been enforcing the other rules, they couldn't enforce that one..
heehaw

 

[schmism]

I agree witth Bird. But, someday you may appreciate the fact that standards exist.

what standards? the only "Standards" listed was you (oraly) please the approval comitee. no guidlines are writen down about how it looks, how big it is, etc. so the "stanard" is garenteed to change at a whim.

no sir, i most defently will not appreciate any sort of that "standard"

 

[rgood]

Well, I did a telephone conference call with the review board - They wanted some changes but they were pretty minor things that don't cost a lot so all is well !

 

[Charlesaf3]

In general I think Curly Dave's got a lot of wisdom here.

I'm like Bird - I'd go way out of my way to steer clear of a homeowners association, they mainly enforce mediocrity and give busybodies a way to keep themselves entertained at neighbors expense. But different strokes for different folks.