Home Owners Association guidelines? Can you actually be fined for breaking them?

Question

we've moved to an upper middle class housing development that had a list of rules and regulations like no sheds and no lawn ornaments, etc. We've lived in our house for a almost two years now and have been respectful of all the regulations.

The first year we moved in, we got a notice in the mail saying that our grass was too long and that we had 5 days to mow it or we would be charged $100 a day after 5 days that it wouldn't be cut. We didn't own a lawn mower when we moved but we bought one and cut it in time and never had a problem since

We were one of the first established homes in our development. Now the development is completely full and I see that some people have put up a flag pole, have fake deer in the yard, and have an unattached shed, all against the home owners association guidelines. No one pays a fee for the HOA and there are no meetings.

DO I just assume that these rules don't exist anymore?

I could really use a shed to put all our lawn equipment in but don't want to get some monstrous fee. Someone has already put one up in the neighborhood but I don't want to have to get a fine after the fact. I could get a shed for less than $2000 but the other way would be to put up another bay to our attached garage.

Answer 1

this is very interesting.  Did you save the first letter you received?  If so, make some calls and ask for the HOA By-Laws and meeting dates, and then see what kind of answer you receive.  When you purchased the home, the restrictions should have been listed somewhere and made note of.  Some subdivisions have restrictions that are recorded with the land records, and become part of the abstract, but these are supposed to be revealed at closing.

Do some digging before you spend any money on the shed.  I would want to make sure you haven't been singled out for some reason.

Answer 2

God, I hate places like were you live.

Do you have a committee?  Basically after the building is done you can do what you want- they get really strict until after the homes are all built.  Then they go bankrupt so no one can sue them........  find out if the company whom build your house is even around and if those guidelines even exist anymore.  If you can't find a home owners association then you don't have one anymore.  If you do- ask about the shed and complain about the other people.

My friend went through this because she wasn't allowed to have a garden and after the building stopped- the home association stopped and everyone did what they wanted.

Answer 3

i would check with your HOA guidelines for a contact number. without annually fees or news from an HOA representitave your HOA may be in a state of hibernation or no longer active. This is good if you want to put in a shed for your own benefit but not good if your neighbor wants to paint his house hot pink and move his son into a shed on his front lawn.  

Answer 4

In most cases you signed something at closing agreeing to abide by the covenants, etc. Most people don't remember doing this, but they did. If so, the rules are binding.  However, you may be able to fight them if they are not being applied consistently. Most associations have a procedure for appeal. Read the bylaws (you should have also received a copy of those at closing). If you proceed without permission you put yourself at risk.

Added: Like I said you might be able to make the case for selective enforcement but that is only after you have been sued... better to avoid it if you can.  Our association typically approves additions to existing structures, but not outbuildings like sheds.