Can an HOA pick and choose what endentures to enforce?

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Can an HOA pick and choose what endentures to enforce?

Due to financial hardships, I need to erect a steel yard shed to store items. The current endentures prohibit steel and plastic yard sheds, require wood construction and gable/shingled roof to match residence. While over the past years many variations of sheds have been erected, I’m sure without trustee approval, that do not conform in one way or another. I wish I could aford the $800 needed to make a proper shed, but i’m in a bind and need to erect the metal unit. it will be painted to match existing home. What grounds do the trustees have to stand on here?

Asked on August 11, 2012 under Real Estate Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under recorded covenants, conditions & restrictions with respect to the planned unit development., the HOA can decide if it wants to enforce certain restrictions of record or not. Given the circumstances that you have written about, I suggest that you ask for approval of the planned yard shed that you need to the HOA before you build it. If you get approval, make sure you get such in writing before you begin construction of the shed.


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