Legal Question in Real Estate Law in Utah

home owners association / rights

I live in a townhouse community with an HOA. I've begun to convert my carport into a garage. I have also added a ''pop out'' section which extends into my back yard. I was told by HOA board members I could do this, as long as my siding matched, and the colors remained the same. (tan siding, white trim). I have since given our Property Management the plans, as well as the HOA board. 3 of the 5 HOA board members approved my plan. Since construction started, the Property Management company, and the 2 board members that would not approve my design, have demanded I stop construction, and modify my plans to exclude the additions. Other units have the same additions I have.

Can they legally get me to stop, and revise my current plan?


Asked on 11/10/06, 6:06 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: home owners association / rights

I assume that there is a record approving your modifications. I also assume that you have followed the requirements of the HOA agreement. If so, the demand of the minority members should not stand. Make sure you are in compliance with the HOA requirements. The protestors cannot do anything outside of the HOA agreement.

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Answered on 11/13/06, 10:42 am


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