Question:
My HOA has put off approving my request to build a composite deck. They are saying more votes are needed to change the covenants’ amendments. The county I live in, approved the deck, and issued a permit. There are at least 6 decks in my community that are totally or partial composite. I was advised by the HOA the only problem is the type of material the deck will be made of, “composite/Trex”. MY HOA President’s neighbor has the exact deck I want (but they have steps). At one point they stated only 11 move votes were needed, after collecting votes… Later I was told the lawyer stated it must be 60% and the 51%, meaning 16 additional are required. I feel like they keep moving the bar. I feel like once “A” composite deck was approved the gates were opens and there should be NO PROBLEM with allowing others. This feels like “Selective Enforcement”. I am worried my permit from the county will expired before I am able to get a deck… PLEASE HELP!
– China
Answer:
Hi China,
It does sound like your HOA is enforcing its rules selectively. In that case, you may want to consider seeking help from a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
