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What happens if a city approves a deck that seems to violate fire codes

There are attorneys that specialize in HOA cases and look for these type of cases for only a % of the judgement.
I will have to look into that - so far I've only found attorneys who defend HOA's but you're right - there must be some who go after the rogue boards.
 
Well - things have taken a turn (after $38,000 in legal bills). I had a certificate of non compliance attached to the previous structure as I knew the city were basically making me fight timeliness and then when I won they would say the structure didn't exist. So, next thing I know - Jeff Flake knocks out the rear wall (right beside my fenceline - he's almost in my living room now) and I knew that if I didn't appeal it I was "giving my consent" to the illegal deck so I got a stop work order issued and Flake applied for a permit. Meanwhile, he has been doing a complete remodel of his house and told the DOPL guy that the city told me to contact that he had not paid them in cash or in kind. The remodel included knocking down load bearing walls, electrical, plumbing and gas lines and has been going on for 4 months with NO PERMIT.

I checked the permits issued for the French doors and there was no mention of the deck, but given my very expensive land law lesson from last year I knew that there was something else going on. Sure enough, when I arrived at the city there were plans for the new deck hidden in a "copyrighted file". So, the short version of the story is the I filed an appeal that the city could not claim was untimely, and I requested a State Property Rights Ombudsman opinion which "stops the clock" for me to get evidence in. If the ombudsman comes down in my favor then I believe I get awarded costs.

Jeff Flake asked to talk to me on our front steps and told me that my husband and I would lose our jobs at the University if we proceeded. Fortunately, I recorded the conversation.

Anyhow, if anyone can offer any suggestions to make sure the city can't provide (and then retract a false affidavit) and how I can get the structure gone I would appreciate it. My neighbor has installed a 12 foot fence which I have reported to the City and the HOA but they are ignoring it.

The new deck failed inspection .but he continues to build.

Here are some Facebook links which show the issue - you can tell he made me mad!
https://www.facebook.com/photo?fbid=10156681484347255&set=a.99706367254
So if I am your neighbor I am going to call it a guardrail, which code only requires a minimum height, and take the position that the existing guardrail was inadequate. It would appear that the original has a spacing of greater than 4" between the rail openings which does not and has not met code since at least the year 2000.
 
So if I am your neighbor I am going to call it a guardrail, which code only requires a minimum height, and take the position that the existing guardrail was inadequate. It would appear that the original has a spacing of greater than 4" between the rail openings which does not and has not met code since at least the year 2000.


The entire patio is new and not permitted or inspected
 
My goodness Jane this thread has reached near 500 replies.

So you do understand that it's a boy's club in Provo. The heart of man country where men are men and women..well they're not.

If this case made it to the Utah Supreme Court the judges would wink at Jeff and give him a thumbs up.

Here's a preview: "It's not like he tore up your rose garden....he just wanted a nice deck....can't a man have a nice deck? I've got a nice deck...you all have a nice deck....but Jeff can't have a nice deck???? Something's wrong about that. We're just gonna have to change the law around here if a man can't have a nice deck. By the way Jeff, are you coming to Junior's graduation?"
 
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Jane, I gotta be honest if i were you especially after dropping 38,000 and not having any real victory to show for it I would cut my loses and sell. Fighting HOAs is a whole other battle and expense and after everything is said and done it appears all you will have done is created an unhappy place for yourself. Having lived in a few HOA controlled communities I have seen people ban together and take control for the betterment of all and I have seen people cheer others on but not step up when its needed. I think you are seeing the latter. Sorry but even though we only have half the story I just don't see this having a happy conclusion for you long term, yes you might be able to say you won the battle perhaps but I'd bet against it and I'm certain you are going to lose the war. .
 
On the surface initialy HOA"s were pitched as cost savers (for who, the developer?) they are proving to be very costly in many instances if poorly managed.
 
On the surface initialy HOA"s were pitched as cost savers (for who, the developer?) they are proving to be very costly in many instances if poorly managed.


Absolutely, most are a lawyers dream come true due to the tendency of members of HOAs to turn to ligation for everything. They don't seem to realize they are suing themselves or maybe they just enjoy the fiscal pain.
 
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