there is a particular subdivision that has a homeowners' association (hoa) that strictly enforces the deed of restrictions. the owner did a major renovation of his house. one of the renovations he did was place trellises/arbor in front of the house. the hoa cited this as a violation because the posts of the trellis/arbor exceeded the setback requirements (something like 2 feet). the posts were built WITHIN the property of the owner (and the trellises are also within the property). the hoa is demanding that the owner moves back the posts and trims the trellis and also pays the violation fees. the arbor/trellis is not obstructive in any way and is not at all harmful to the neighbors.
does the hoa have the legal right to enforce the deed of restrictions? what should prevail, hoa rules or city rules?
Re: deed of restrictions violations
Consult with architects/contractors. I, too have the same setback restrictions for our village but my house design have a trellis and a garden roof that abuts my property wall (i.e. spans my house wall to my perimeter wall). When I asked my architect if his design were a violation of setback restrictions, he said there were exemptions to setbacks which included trellises. I seem to recall there is also a percentage of "encroachment" that is allowed. For example, it is ok to build a pathway roof from your front door to your pedestrian gate.
But, I am no expert and just narrating from experience with an architect. Consult the experts. I think the home owner has a fair chance of being allowed his trellis.
Re: deed of restrictions violations
deed of restrictions is very specific. NOTHING, not even wood beams, should be floating over the setback requirements. OA.
Re: deed of restrictions violations
Hmmm...may still be worth consulting architects/experts on what takes precedence: DOR or Construction Code.
