California
Sorry for the length of this post.
We purchased a condo unit in So. Ca. in 2000.
The unit has a patio with a block wall about 3 feet high with a WOOD LATTICE SCREEN going up to the Patio Cover. We like the lattice as it provides the privacy to the patio that was lost when the wall was lowered BEFORE WE BOUGHT THE PROPERTY.
In 2009 the board passes a rule, not to my knowledge voted on by the members of this community which number (20K) that lattice is bad and must be removed. Except sometimes it is allowed on balconies (which we dont have)
The condo unit has a PERMIT dated 2000 just before we bought the unit which PERMITTED the Modification by Lowering of the Wall and the installation of the Patio cover. It doesnt mention the lattice which at that time did not require a permit and was OK to have. The lattice was there when we bought the unit.
1. Since the lattice was almost certainly a part of the original modification of the wall and patio cover, DOES THE PERMIT (year 2000) COVER THE LATTICE? Does the inspection prior to sale then also mean the Lattice was technically allowed then?
2. Since the new rule was made 9 years after the lattice was installed isnt it ex post facto and therefore not valid?
We would be willing to remove the Lattice, if they would rebuild the wall to the original height which might cost 1 thousand dollars as another wall at a right angle to it would also have to be raised to keep things symmetrical.
3. Can we compel them to pay for rebuilding the wall?Can we take them to small claims court? Should we seek a variance (cost 50) to get the board to approve the Lattice which I think has already been permitted? The inspector doubts the board would approve the variance.
They are also forcing me to relocate my Sat dish and want me to replace my roll up shade with one that they like. They are supposedly beautifying this place where all the houses already look alike to make them even more alike.
I am not against HOA rules, just these ex post facto ones and rather petty ones. I do understand that if the majority of owners in an HOA vote for such EPF changes the courts have upheld such. But no such vote happened regarding these rules which are just voted on by the board members.
Thanks for your replies.What is the name of your state (only U.S. law)?
Sorry for the length of this post.
We purchased a condo unit in So. Ca. in 2000.
The unit has a patio with a block wall about 3 feet high with a WOOD LATTICE SCREEN going up to the Patio Cover. We like the lattice as it provides the privacy to the patio that was lost when the wall was lowered BEFORE WE BOUGHT THE PROPERTY.
In 2009 the board passes a rule, not to my knowledge voted on by the members of this community which number (20K) that lattice is bad and must be removed. Except sometimes it is allowed on balconies (which we dont have)
The condo unit has a PERMIT dated 2000 just before we bought the unit which PERMITTED the Modification by Lowering of the Wall and the installation of the Patio cover. It doesnt mention the lattice which at that time did not require a permit and was OK to have. The lattice was there when we bought the unit.
1. Since the lattice was almost certainly a part of the original modification of the wall and patio cover, DOES THE PERMIT (year 2000) COVER THE LATTICE? Does the inspection prior to sale then also mean the Lattice was technically allowed then?
2. Since the new rule was made 9 years after the lattice was installed isnt it ex post facto and therefore not valid?
We would be willing to remove the Lattice, if they would rebuild the wall to the original height which might cost 1 thousand dollars as another wall at a right angle to it would also have to be raised to keep things symmetrical.
3. Can we compel them to pay for rebuilding the wall?Can we take them to small claims court? Should we seek a variance (cost 50) to get the board to approve the Lattice which I think has already been permitted? The inspector doubts the board would approve the variance.
They are also forcing me to relocate my Sat dish and want me to replace my roll up shade with one that they like. They are supposedly beautifying this place where all the houses already look alike to make them even more alike.
I am not against HOA rules, just these ex post facto ones and rather petty ones. I do understand that if the majority of owners in an HOA vote for such EPF changes the courts have upheld such. But no such vote happened regarding these rules which are just voted on by the board members.
Thanks for your replies.What is the name of your state (only U.S. law)?