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Inspections and C of O on property in litigation

Discussion in 'Code Administration' started by jar546, Jan 30, 2020.

  1. jar546

    jar546 *****istrator

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    Do you have any restrictions on issuing a permit, performing inspections on a property currently in litigation such as modifications against the HOA rules or is that so separate you don't involve yourself and just do business as usual?
     
    my250r11 likes this.
  2. JCraver

    JCraver Sawhorse

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    Business as usual, unless the City has some current legal action against the specific property in question (not the landlord/owner, the property).

    The codes don't care who's suing who - all I'm there for is to look at the building.
     
  3. steveray

    steveray Sawhorse

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    We don't even hold permits for taxes owed......Just when they bounce their checks to us....;)
     
  4. fatboy

    fatboy Administrator

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    Business as usual, not of our concern, as long as it complies with the codes. .
     
  5. cda

    cda Sawhorse

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    echo echo

    Go forth and enforce
     
  6. BLangley

    BLangley Registered User

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    Townhouse style condo community I manage had an owner slap solar panels on his roof, which is a common element maintained by the association and is not part of the unit. When the attorney spoke with the county they were said, "Yep, we screwed up and shouldn't have issued the permit. Good luck at court!" (They won easily and compelled him to take them off.)

    So as a manager, maybe if the litigation is for the same/similar thing a permit is being requested for it would warrant legal review :p
     
  7. ICE

    ICE Moderator

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    Where I work currently, HOA rules are not a concern. A city that I was assigned to had a policy that if there is exterior work, certain HOAs had to approve the plans prior to issuing a permit. Another large tract with a HOA was only concerned about roofing material which had to be tile.(and not just any tile)

    There are cities that are one huge HOA. Every new housing tract has a HOA. We cant final houses that are in a tract until the HOA has been incorporated with the state.

    BLangley mentioned solar....in California it is nearly impossible to say no to solar. I doubt that a HOA could prevent solar.

    There was a case where an owner was refused a permit for a covered second story balcony over a garage. The garage door was close to a property line. As were all of the detached dwellings in the tract. The municipality said that the proposed balcony violated setback constraints. The owner came back with a plan for solar that would be supported by a structure that resembled a patio cover.

    I can't remember the exact details but I am pretty sure that it was in Santa Monica. The development appeared to be dated. The property was on a hillside and the new balcony has a great view. The municipality lost in court.
     
    #7 ICE, Jan 31, 2020
    Last edited: Jan 31, 2020
  8. mtlogcabin

    mtlogcabin Registered User

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    We advise people to check and get approval from their HOA but we do not base our decision to issue a permit based on an HOA's decision or rules
    About 30 years ago there was an HOA that got there rules submitted and approved as part of their Planned Unit Development (PUD) which then made zoning the enforcement agency. A new city attorney 10 years later had the PUD amended and the HOA rules where removed so the city was no longer the enforcement arm of a private HOA.
     
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  9. VillageInspector

    VillageInspector Sawhorse

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    We do not get involved in private civil issues and HOA issues are considered civil.
     
  10. ICE

    ICE Moderator

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    In the places I have worked in that paid attention to HOA requirements there was a benefit in that we forestalled many shlt storms. For example: Sure I can issue a permit to re-roof with asphalt shingles but I know you will end up replacing that with tile. So why not step up. Or: A permit for an aluminum patio cover in a HOA regulated tract that won't allow aluminum patio covers.

    Granted these were smaller cities of 50K or less and we didn't get involved other than a stamp or letter from the HOA so it's not like it took much effort.
     
  11. VillageInspector

    VillageInspector Sawhorse

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    I understand and agree with your points but as one who has served on condo or HOA boards and still lives in one I know that the inner politics wreak havoc within these communities and the "house rules" can change with the wind so still I think we as a group are well served to steer clear of getting too involved with these communities outside of issuing permits and otherwise performing our jobs.
     
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  12. my250r11

    my250r11 Sawhorse

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    Tried to deny a CO due the litigation on a ADA entrance that apparently was on some one else's property and zoning missed it. The city attorney told me if it meets code could not deny the CO. If they remove it after court then I could tag it and revoke the CO till they get another complaint entrance.

    We stay out of all civil matters unless we are summoned to testify.
     
    #12 my250r11, Feb 3, 2020
    Last edited: Feb 4, 2020
    VillageInspector likes this.

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