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How can I build a garage without an active architectural committee?

How can I build a garage without an active architectural committee?

Full question:

I live in a neighborhood with covenants. There is no active covenant committee, architectural committee or home owners association. In addition, the neighborhood is fully built out so there is no additional development going on at all. I would like to build a garage/shop to store my truck & trailer in and the covenants state that 'any building that is for the purpose of storage, gazebos, pool buildings etc., need to be approved by the architectural committee. Since there is no architectural committee, how do I legally protect myself to move forward with the permitting process with the City & building my storage building? I don't want to get mid way through the process and have to stop my project.

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: Washington

Answer:

To legally protect yourself while building your garage or shop, you should consider the following steps:

1. **Review the Covenants**: Understand the specific language in your neighborhood's covenants regarding building approvals. Since there is no active architectural committee, this may impact the enforcement of those covenants.

2. **Document the Situation**: Take notes and gather evidence that there is no active architectural committee or homeowners association. This documentation may be useful if disputes arise.

3. **Consult Local Authorities**: Contact your city's planning or zoning department to inquire about the permitting process. They can provide guidance on how to proceed without an architectural committee.

4. **Seek Neighbor Support**: If possible, obtain written support from neighbors for your project. This can help demonstrate community backing if any issues arise.

5. **Consider Altering Covenants**: If your planned construction conflicts with the covenants, you may need to gather signatures from a majority of property owners to amend or terminate the relevant covenants (see RCW 58.17.215).

6. **Proceed with Caution**: Once you have the necessary permissions and support, proceed with the permitting process. Ensure all building plans comply with local regulations.

By following these steps, you can mitigate the risk of halting your project midway through.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do I enforce my neighborhood covenants without an HOA?

Enforcing neighborhood covenants without a homeowners association (HOA) can be challenging. Typically, individual homeowners can enforce covenants through legal action if they believe a violation has occurred. However, the lack of an HOA means there may be no formal process in place. Homeowners can document violations and communicate with neighbors to seek resolution. If necessary, legal action may be pursued to enforce the covenants, but this can be costly and time-consuming.

Who enforces covenants if there is no HOA?

If there is no HOA, enforcement of covenants typically falls to individual homeowners. Each homeowner can take action against violations by documenting issues and addressing them directly with the offending party. In some cases, homeowners may need to seek legal remedies to enforce the covenants, such as filing a lawsuit, especially if the violation significantly impacts property values or community standards.

What is the most common method of enforcing a restrictive covenant?

The most common method of enforcing a restrictive covenant is through legal action initiated by affected homeowners. This may involve sending a formal notice of violation to the offending party, followed by mediation or negotiation. If these efforts fail, homeowners can file a lawsuit to seek enforcement in court. Courts typically uphold valid covenants if they are clear and reasonable.

Can my neighborhood create an HOA?

Yes, a neighborhood can create a homeowners association (HOA) if a majority of homeowners agree to do so. This typically involves drafting bylaws, establishing governance structures, and collecting dues to manage common areas and enforce covenants. Homeowners should consult legal counsel to ensure compliance with state laws and proper formation procedures.

What is the difference between a homeowners association and a neighborhood association?

A homeowners association (HOA) is a formal organization that enforces community rules, manages common areas, and collects fees from homeowners for maintenance and services. A neighborhood association, on the other hand, is often less formal and may focus on community building and social events without the authority to enforce rules or collect dues. HOAs typically have more legal power regarding property regulations.

What does it mean if a house has no HOA?

If a house has no HOA, it means there are no formal community rules or regulations enforced by an association. Homeowners have more freedom regarding property modifications and use but may lack support for maintaining community standards. Without an HOA, enforcement of neighborhood covenants relies on individual homeowners, which can lead to inconsistencies in how rules are applied.