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We built small and very nice shed against the side of our house and painted it to match our brick. Our neighborhood association board has demanded we take it down. They are quoting the neighborhood covenants which do allow for "accessory outbuildings which are architecturally similar to the dwelling". We find that the "architecturally similar" phrase is very subjective to the personal opinions of the association board. We did not receive a copy of the covenants until after the shed was built. Many of our neighbors have plastic molded sheds of various sizes. Some have been approached by the board and some have not. Is there any way we can pursue this in order to keep our shed?

Customer (name blocked for privacy)

You're right that the provision appears to be very subjective. You certainly think it is similar to the dwelling and the HOA does not.

It doesn't matter that you didn't get a copy of the covenants before the shed was built so long as you knew that there was a HOA for the community.

As for the enforcement of the provision, it can be valid ONLY if it is applied equally and without exception. It appears that this is not happening in your case. Instead, it looks like the HOA is letting some get by while others are being harassed.

If this is the case, the provision can be struck down based on its selective enforcement.

You will likely have to file a grievance with the HOA first - which will likely get you nowhere. If this fails, you can file a lawsuit to have the HOA provision nullified due to selective enforcement.

You can certainly threaten them with this course of action and see if they back off. At the very least, they should adopt rules as to what "architecturally similar" means. However, the existing sheds would likely be grandfathered in.

You certainly have the right to complain and file suit, but my suggestion is to try to work it out internally first to save time and money.

Edited by Adam Kirk on July 16 2008 at 6:31 PM

The information given is for research use only & you are paying me only for such information. This is not legal advice & there is no formation of an attorney-client relationship. You are advised to speak with legal counsel for accurate information.

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