Permits and HOA's

[Seven Out]

Does an HOA have the legal authority to override the permitting department in regards to how something gets built when the HOA approves of the idea? I hear so many horror stories of how an HOA overextends their reach.

 

[Jeff]

HOA rules can overrule a building permit. I worked in a jurisdiction where the building dept. issued a reroof permit for comp roofing material. The HOA only allowed tile roofs. The contractor had to stop halfway through the installation and obtain a reroof permit using tile. Not sure who ate the cost of the comp roof.

 

[Cass]

HOAs can add additional requirements, but as far as I know, they can't approve plans that go against building codes. For example, they can force owners to use certain colors or materials on their project, but if the code calls for building reinforcements, the HOA can't say that reinforcements are unnecessary. HOAs are generally more focused on aesthetics and resale value, rather than safety.

 

[W3 Planning and Research]

Does an HOA have the legal authority to override the permitting department in regards to how something gets built when the HOA approves of the idea? I hear so many horror stories of how an HOA overextends their reach.

HOA's can be MORE restrictive than the jurisdictional codes but never less restrictive. They have the ability to compel additional standard. Now they are a private entity, and jurisdictions don't enforce private convenants, so you can have a permit issued by your local jurisdiction that does not meet your HOA requirements. It is always best to start with the HOA first and get the plans approved there before going to the city.

 

[shwhite]

We do not require HOA approval to issue permits, however, we always recommend the owner to seek HOA approval as they might have restrictions against what they are wanting to do.

 

[Oberon-Vortigern]

HOA does not have too much legal power in my city to override permitting. The only way they can is if they contact the code enforcement department and submit a form that practically says, "Hey this permit for this project is violating this code, it should be revised to comply or be stopped."

 

[W3 Planning and Research]

HOA does not have too much legal power in my city to override permitting. The only way they can is if they contact the code enforcement department and submit a form that practically says, "Hey this permit for this project is violating this code, it should be revised to comply or be stopped."

HOA's have ZERO authority over permitting departments. However they have tremendous power over the property owners. Since their covnenants are often more restrictive, it becomes an expensive court battle to win, and 90% of the time the courts rule in favor of the HOA's in those matters. That is why it is always important to get in front of the HOA's forst in the design process. The HOA's get you the aestetics, the City gets you the structural side of things.

 

[Zak]

Just my thoughts:

The City can also dictate design. However, the Law/Code always takes precedence. As someone said above…the HOA can be more -or- less restrictive, however LEGALLY, anything less restrictive than the governing law/code is subject to enforcement action by that jurisdiction. Depending on the state, an HOA may have to file a civil suit to enforce their restrictions. Even then, the actual
authority for punitive action is a process that may not even be an available or viable option.

 

[Kimberly L]

HOA's can be MORE restrictive than the jurisdictional codes but never less restrictive. They have the ability to compel additional standard. Now they are a private entity, and jurisdictions don't enforce private convenants, so you can have a permit issued by your local jurisdiction that does not meet your HOA requirements. It is always best to start with the HOA first and get the plans approved there before going to the city.

Very well said, thank you. If a project is located in a "known and active" association, we ask for a copy of the approval. We have had a few instances when the HO did not approve the addition, etc. Our big "what a way to find out" was when we issued a permit for a second story and the HO and CCCR's of which we do not enforce only allowed single story structures. They did try to sue.

 

[Jjacochran]

In GA an HOA can make things more restrictive but does not overrule any codes. We only enforce the state minimum codes and do not get involved in anything civil.