HOA RULES AND YOUR CONSTRUCTION PROJECT
How HOA Rules Can Affect Your Construction Project
The Magnolia Forest Homeowners Association (HOA) is a neighborhood group that develop rules and regulations to govern the common and visible areas of the properties. These rules are agreed upon by the home/property owners within the MFHOA deed restricted community. These rules are known as the bylaws, covenants and restrictions. These rules govern what you can build and how you can build on your property. Before you begin a construction project for that new addition or that updated roof, you must check your HOA rules (covenant) to ensure compliance.
Example of HOA Rules Restricting Construction
You want to build a fence around your backyard that is 10 feet in height. However, when you look around your neighborhood, you notice that there aren’t any homes with fences arounf the backyard. That’s because, in accordance with the MFHOA Declaration of Covenant, the MFHOA community doesn’t permit fences doesn’t allow fencing around ones backyard. The MFHOA construction rules restrict the erection of fences Installing a privacy fence is a violation of the covenant and grounds for legal action by the HOA. Other rules wholly restrict certain constructions on the visible areas.
Another example, for instance there are rules that dictate to the property owner the process by which to seek authorization for commencing to build a house on their property. Such rules will direct the property owner to seek permission during the Architectural Control Committee’s regularly scheduled meeting date, which is the fourth Thursday of each month. Notice of a new construction will allow the HOA to monitor compliance with HOA rules and inform the property owner of any restrictions.
How to Avoid Noncompliance Issues with the HoA
It’s vital that homeowners and property owners maintain compliance with the MFHOA covenant that provides construction rules that are simpletons straightforward. However, these rules are often overlooked and people rarely read the entire sections regarding Architectural Control. Therefore, it is wise to become familiar with the MFHOA Declaration of Covenant and By-laws when commencing a construction project. Property owners should consult with the MFHOA chairperson to gain a better understanding of the rules and regulations regarding the construction of a new home or building or making major changes if any type to their property. If a property owner, however, runs into an HOA restriction that is construed as overly burdensome, they should contact the Architectural Control Committee for proper guidance.
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