HOA Rule Against Screen Rooms

Question:

Hi my name is Renee I have friends that live in community’s with a board member who live in the community who have hoa board members who in the community on the premises this has been thrown at me quite a bit so I need real and accurate
Information about if this is actually part of a rule living in a community place for places like Huntington county farms or one in smithtown. What are the laws in New York in this community condos regard so the question is are you allowed a screen house on this community property in your back yard of your community Condo in the state of New York? And Long Island? Cause people from different community places on long island New York said there no longer allow over 20 something years of living in community have now been force by Home owner associations to take this down or fines will occur this is happening in a lot of communities by home owners Association bored running this has now enforced this law after people have lived in these communities runned by home owners Association board please let me know if this correct or this is even a law or just a nonsense enforcement to the community’s or this truly allowed to have this on this property screen house is what’s. Now being enforced
By home owners association in this community over 20+ they have all had this screen house and now they can’t because homeowners association enforcing this if not taken down the screen house a fine will be applied please let me know if a screen house is allowed at theses community thanks

– Renee

 

Answer:

Hi Renee,

It may be best to review the governing documents to verify whether screen rooms or enclosures are not allowed in the covenants. Generally, HOAs are allowed to enforce rules — including architectural standards — stated within the governing documents. If they expressly prohibit screen rooms, homeowners may need to comply.

If the HOA has only recently applied this rule, homeowners may consider asking the board to add a grandfather clause and exempt existing homes with screen rooms as they were compliant when initially installed. However, it’s important to note that not all old structures may be “grandfathered” in as it usually depends on the HOA’s policies.

Alternatively, if there are enough homeowners affected by the new clause, they may raise the concern with the board and ask to negotiate the new rule. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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