Can my hoa stop work on my house , specifically having a pool put in?

Question

I recently bought a new property that is in a Homeowners Association. I have filled the approriate Archetectuial Review request with the association however the "dig date " approached and the pool contractor started the work. The city granted the proper permits. Saturday I reciecved a notice stating to cease and decist work until written approval is received from the HOA. Is this legal? This is my private property , the work is not visable from the street and all permits have been issued. The pool builder states they ( the HOA) must serve us with a restraining order to legally stop construction ? any answers?

Answer 1

Read the covenants in your hoa documents, that should tell you if they have a right or not. If it is too technical, consult a real estate attorny, do not rely on advice you get from Y!A.

Answer 2

I work with HOA's, though I don't know the rules of your community or state. However, the answer is yes. By buying a house in that community you agreed to abide by all the community rules. Most communities give the HOA the right to approve all architectural changes, and further, they are allowed to have rules in addition to any rules set by the county or city government. They can ban all swimming pools if they want even if the county permits them, and that would probably be upheld in court if they did. You should not start any work until the pool is approved; if you do, you may face penalties and a lien on your house. It's tough but that's what you signed up for when you decided to live in that community. You can always try to get the rules changed, or run for the board of directors if you don't like the way the place is run.

Answer 3

i am surprised the city issued the permit, as most will not unless you have HOA approval...
yes the HOA can issue a ceast work order, issue fines, levy your property etc..
that he bad thing about
HOAs you give up certain right in exchange for a peer ( that one is a joke too ) managed community, in exchange for "keeping" property values high ( that's all they are are really there for ).. Winding it's way through the courts is proposed legislation limiting the power of HOAs. BTW you cannot sue the city even if they issued the permit.. as most have a no mea culpa clause in there charter that indemnifies them against things like this. Your best bet would to see what the "Architect" committee wants ( and that another reason HOAs suck, the committee is often a power issue where no one even knows about anything about design much less hold any sort of professional credential), run your proposal by them, do not get emotional, if you go to wine them and dine them to get your approval, do so. Also check with the city to see if you can proceed even without HOA approval.

Answer 4

I've been and attorney since 1993 and I have quite a bit of experience representing HOA's in California. HOA law is unique and varies by state. It is also impossible to properly advise you without knowing what state you are in and without reading the HOA governing documents.

When you purchased the property, it was probably subject to a document commonly called Covenants, Conditions & Restrictions ("CC&Rs"). The CC&Rs include restrictions on your use of the property and probably containt specific rules and procedures you must follow.

The CC&Rs might contain deadlines for the Architectural Review Committee to act. Even if the work cannot be seen from the street, the HOA still might have legal authority. But again, it is impossible for me to say specifically.

Your best bet is to see a local attorney is practices real estate law and have him/her review the governing documents. That will tell you what authority the HOA has.

Answer 5

You filled in a request but did not get approval from the HOA.
They can fine you if you continue according to the HOA rules.

If you live in a HOA you have to know all the rules very well.
And if you have property within a HOA even if it is private property, you can not do almost anything without the HOA approval.

I guess you have never lived in one before,

Answer 6

when you buy property in a homeowner assc. you do not own that property out right . you have given up your rights to live in a guard secure environment if you do not comply with the assc. they state legal action and take your home from you. The assc have stopped people from flying the American flag on their own property.