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HOA Approval Prior to Issuing Permit

Discussion in 'Code Administration' started by jar546, Jun 29, 2020.

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Do you require an HOA approval letter before issuing a permit?

  1. YES

    0 vote(s)
    0.0%
  2. NO

    8 vote(s)
    100.0%
  1. jar546

    jar546 *****istrator

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    How many of you require whether through ordinance or state statutes submittal of HOA approval prior to permit issuance?
    For the record, I do not and am against it. I think it may help to alleviate issues in the future but otherwise,none of our business as it is between the property owner and HOA.
     
  2. Ty J.

    Ty J. Sawhorse

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    The only time that we require an approval letter from a non-governmental agency is where we have a PUD (Planned Unit Development) that has a zoning review completed by the developer. This is a unique situation and the PUD replaces portions of our municipal code, and includes provisions that establish the developer as a review and approve authority.
     
  3. steveray

    steveray Sawhorse

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    From history before me here we have some condo associations and a mall beat into sending us a letter of approval....I don't care one way or the other...I have too much to do already...
     
  4. No Soup for you

    No Soup for you Registered User

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    Yes, in one area of town , we have a group of homes (about 50) around a lake that have an HOA, and we require a signed letter from them approving the construction work before we issue a permit. It is just the way it has always been done here.
     
  5. JCraver

    JCraver Sawhorse

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    We don't have a single HOA in the entire County, thank the Lord. We do have a few subdivisions with their own covenants, and some of those subdivisions even (try to) enforce them, but I pay them no mind whatsoever.
     
  6. jj1289

    jj1289 Registered User

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    The same can be said for deed restrictions since many housing developments have restrictions on the type of siding, roofing, pools, etc. If someone comes in to install vinyl siding and they have a deed restriction against vinyl siding. I don't care, the building code does not address deed restrictions or HOA's.
     
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  7. tmurray

    tmurray Registered User

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    We do not. If the proposed construction meet zoning and the code, I don't feel it is the responsibility of the government to ensure the owner is complying with their private agreements.
     
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  8. fatboy

    fatboy Administrator

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    Nope, not my problem, HOA's can do their own enforcement.
     
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  9. Jeff S

    Jeff S Member

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    We add a little reminder printed right on the permit. We don't require anything from the HOA and we do not check with them. Simply a heads up for the permitee as part of our customer service.
    "BUILDING PERMIT ISSUANCE AND APPROVAL DOES NOT CONSTITUTE HOMEOWNERS ASSOCIATION APPROVAL.PLEASE CONTACT YOUR ASSOCIATION"
     
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  10. jar546

    jar546 *****istrator

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    Smart
     
  11. VillageInspector

    VillageInspector Sawhorse

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    Until HOA approval is included in the state code I don't know how you can be required to consider this legally or otherwise in fact I think getting the HOA involved might lead to potential legal entanglement for the AHJ. Its the homeowners responsibility not ours.
     
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  12. jar546

    jar546 *****istrator

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    So I've had issues where we approved a permit, taken payment then the permit expired and after over a year they wanted a refund because they were not able to do the job due to lack of HOA approval.

    I had another issue where we issued the permit and they started the work without HOA approval which turned into a lawsuit. They tried bringing us into it at which point I stated we have no jurisdiction over HOA rules and the applicant applies to us at their own risk.
     
  13. tmurray

    tmurray Registered User

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    The thing is, building inspection departments are not the arbiters of construction. There are even other government regulations on construction that building inspectors are not empowered to enforce, so it is completely unreasonable to expect that we will also now ensure that it meets contracts that we are not a party to. One could argue that since we are not a party to those agreements, we lack the standing to enforce them.

    Building departments ensure that the proposed construction meets the approved code and applicable municipal laws. That is already a lot of work. There is a lot that we can get wrong and make mistakes on.
     
  14. my250r11

    my250r11 Sawhorse

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    I've been told as well as heard in the court room ignorance is not defensible in court. It is the owners/owners agent responsibility to do their due diligence. Just as you should know what the contracts you sign say. This includes HOA agreements, signing for permits and so on. These are legal documents. We do not enforce covenants, HOA, contract agreements. Nor should we. We only enforce legally adopted code.
     
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