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NEW HOME TOWER HEIGHT CONFLICT

Hello Dennis,

Thank you for your responce to my quesstion yesterday regarding the height of tower I want on my new home. Your reply gives me hope and courage to stannd up against the HOA and their Archtectural Committee.

Now, my question is what do I do if I say I am going to go ahead and build the house with the 26 foot high tower. Remember the county height restriction is 30 feet. The HOA and archtectural guidelines do not have any height restriction. More or less at the discretion of the HOA. Single story houses are favored and two storied home will be allowed as long as there is not a continuous flat two story wall. Second floor must be stepped. Then upon HOA approval, as all buildings must be.

Theoretically, I need an approval letter from the HOA, along with the county buildiing permit, to start construction. If they insist I cannot build the tower at my desired height, can I go ahead and start building. SInce the tower is on top of the garage it will be more or less toward the lasat half of construction before it is built up. Say 4 or 5 months after start of construction.

If the OA does not give me a go ahead to build letter and I start to build what do you think they will do and what would I do in responce?

Thank you once again, Dennis.

Sincerely,

Terry Adair

1 Response

  1. dennisl

    Terry
    This is getting very close to legal advice so I’ll tread very carefully. If you do not get the ACH approval , and you proceed you will be doing that at great risk. Do not believe that the association and their money hungry attorneys will hesitate for one minute to sue you. If I were you if the association rejects your request. Get an attorney right away. A letter and threat from your attorney may be sufficient to have them change their mind on their totally arbitrary and caprious decision to not approve your plans without any specified violation of the governing documents . I have seen far too many cases were homeowners were forced by the courts to remove or substantially modify homes that were built without ACH approval. In this case a strong offense is the best defense.
    Dennis

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