Can a Homeowners Covenant Dictate the Position of Your Home on Your Plat.?
I just completed the framming of my new home. I now find out that the neighbor across the street from me doesn't like the way my house is positioned on my lot. She doesn't like the fact that when she looks out her front door, she can see my garage. She filed a complaint with the Homeowners Assoc. The Assoc is telling me that i'm in violation of the covenant and that they want me to stop construction on my home. Their claim is the subdiv was designed so that whatever street you live on, the front of your house should face that street. I'm on a corner lot and i'm building so that my garage faces my street. The only thing the covenant states is "all houses should have side or rear entry garages". They are telling me that this law justifies me being in violation with my garage facing the street of my address instead of the front door. This law has nothing to do with the position of my house. This law refers to the specs on my home. Do they have a case? What should I do?
- The Big BoxLv 61 decade agoFavorite Answer
They Have absolutely no case. If they try, file a counter suit charging that their authority is unconstitutional as hey are not a government body and thus cannot make laws or dictate terms on publicly available land. You would have a suit, an would stand a good chnace of winning.
you should tell your neighbor to mind her own business, and tell her if she has a problem with it that she can buy the land for 3 time what it would cost with the house. That should shut her up.
- Anonymous1 decade ago
get a good lawyer, stranger things have happened with covenants
i'd also counter sue..
there are city requirements where your home can go as long
asyou abide by those i dont think there is a problem.