In Georgia, can my HOA bind me to unwritten 'covenants' that I didn't know about when I bought my house?
I bought a house after getting a copy of the HOA rules/regs and guidelines to construction from the HOA. Now that I want to build a deck, they are telling me that I can't build outside the original house footprint because 'that's the way we've always done it.' I asked for a copy of the document that specifies this -- they 'have never seen it written down.' (Another resident wants to build stairs from his upper to his lower decks but can't, for the same reason.) All ten of my neighbors have decks but I can't because the original owners didn't build one.
makes a person nauseus thinking about the crap they get away with like telling people what they can park in their own driveways.no boats or rvs in my neigh borhood allowed in front driveway.
The rules are the rules... as long as they are written down, though the written rules likely have a process for exceptions to the rules, but that process has to be in the rules. Get it? You should read them carefully and see authoority the HOA has.
Answer:
There has to be written ACC (architectural control) rules and guidelines. The Board should have come up with these in the beginning. This probably would not be covered in your covenants specifically. If you follow the written rules then they should approve. They can't make stuff up as they go without adding it to the written rules and it has to apply to everyone. I would submit a letter of appeal and talk to an attorney.
Well..if it is not listed in the original covenants and has not been enacted by any past boards, you should have no problem obtaining a permit from your local township, city or county and building one. An Association cannot just 'make up' rules or covenants and not have them in writing. My advice is to get on the board of the Association and make some changes if you feel so strongly about it. Also, if they cannot produce this 'rule' or covenant in writing, build the deck. They would have no authority to stop you at this point if you did.
