San Diego Housing Market News and Analysis
Need help dealing with HOA
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Submitted by CVnewbie on January 30, 2014 - 5:47pm
We just bought a house in Carmel Valley with a very private backyard. Before we moved to San Diego we had a few tough years because of the global recession. My kids were missing their friends when we moved out of the Bay Area. My husband and me just want to do something special for the kids so we decided to build a playhouse for them in the backyard. We looked through the HOA document and it doesn't say anything about detached playhouse, so we went ahead and ordered the kit and have it built on the slope in our backyard.
Then we got a letter from the HOA and said we had a violation and we need to summit an application with 3 neighbor's signatures. Obviously our next door neighbor reported it because they are the only one who can see it. We got two other neighbor's signature and when we went to the third one, we were met with hostility and a litany of accusations. We explained that we have no desire to displease anyone and offered numerous time to discuss ways to reconcile the situation. Unfortunately, our offers were rejected without the slightest consideration.
We then called the HOA and asked when do we need to get an approval. They said anything that is visible from the Common Area will need an approval. Our backyard is not visible from the street or common area. The only one who can see it is our next door neighbor.
So my question is what is the definition of common area? If it is not visible from the common area and 2 out of 3 neighbors have no problem with it, how likely will we get an approval?
My husband had put in a lot of love while building this playhouse. It would be really heart breaking for all of us if we have to take it down. Any advise is appreciated.
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