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HOA trying to limit second floor observation deck height

Hello Dennis,
I want to build my final home in the Village of Oak Creek in a subdivision known as La Barrance I. I own the land. I have plans all made up and will be back from the county in a week. My builder and his architect submitted the plan package to the HOA Architectural committee hired gun architect for review three weeks ago.

The plan packaxge was submitted to the two person HOA architectural committee. Item of note: the committee is made up of only two people, the HOA President and HOA Sec/Treasurer. Normally the committee is to be made up of three HOA member members. One of the resigned a few months ago.

I have a 10 foot by 10 foot observation tower on the house. It is high enough to be able to see across the top of the roof.

The top of the observation tower roof is 6 feet 9 inches above the peak of the main house roof. Which is about 19 feet high..

The 2 m an Architectural Committee thinks the tower is too tall.

He HOA President (and Architectural committee memeber) has a home in the developement and has a tower with a bedroom in it. He maintains it is only22 feet tall. It has a flat roof, not a peaked roof, which if it had a peaked roof would bring it to about 25 feet 9 inches.

There is also another home that has a second floor room with flat top. Height unkown but looks like about 22 – 23 feet tall.

By the way. There are only 18 lots in this developement. With only 6 homes. Only 4 homes are lived in full time. Tthe HOA President lives in the San Francisco Bay Area and uses his home in La Barrance I rarely.

THe HOA/Architectural Committee 2 man operation had a conference call with the builder and me on Monday afternoon.
They did not want to make a decision – OK- the tower hieght at that time but want to conferre with their hired gun “manager”, a Mr Dave Norton, and give us a decision later this week.

DO I have to give in to them? There are no homes in the subcdivision that this tower will effect in any way.

Oh, in fact the 18 lots are spread out over. The countryside in three parcels. My lot is in a four lot parcel. The HOA Sec/Treas. Lives 1/4 mile down the road where there are 10 lots and three houses with the remaining four lots 1/4 mile further down the road and it has three houses including the HOA Presidents with his tower and the other house with a second floor bedroom.

As I said there are “0”, nada, no height restdrictions in the CC&R’s or Architectural Guidelines. The county height limit is 30feet!!

Can I insist to keep my tower as designed? To alter the slightly pitched roof or eliminate the roof would makae the buildiing look idioti.

Thank you for your respected opinion.

Sincerely,

Terrry Adair

Terryad@centurylink.net

1 Response

  1. dennisl

    Terry;
    The restrictions to what you can build and what you cannot build must be specified in the community governing documents. If it is not restricted in the governing documents, which would include the CC&R’s and the ACH guidelines then the ACH has no authority to limit what you do. Especially if other houses have similar features even if they are different heights. For the association to restrict you from building this feature, there would have to be a specific height restriction in the governing documents. I’m assuming that what you said relative to the municipal code and the absence of restriction in the governing documents. If the association insist that you cannot build that feature their decision would be arbitrary and capricious and would never hold up in court.

    If I were you I would insist that you be allowed to build your feature as planned.

    Dennis

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