This is the right answer. My guess is he didn't get the final plan
approved or the HOA didn't know how to read plans.
If this is the former he is stuck modifying the house to meet the
covenants. If he has a plan that matches the house as built with an
approval on it from the HOA he has a case ... even if they did screw
I would sue the HOA for the money to bring my house into compliance if
they approved the plan I built from ... with a backup offer of
accepting a waiver and they leave me alone but I would not start out
The best way to get their attention is to put them in jeopardy of
losing substantial amounts of money.
The homeowner's attorney was interviewed on a local radio show. She
said they are getting close to a resolution with the HOA.
How it happened: after the plane crash, the homeowner was,
naturally, homeless. He found a place to stay, but has moved twice
since the crash. He was eager to rebuild on his lot, but he wanted
the design of the home revised so it wouldn't be exactly what the
previous home looked like prior to the plane crash. He also wanted
to get the house finished by the first anniversary of the crash, so
he was in a hurry. And that's when the trouble started.
The homeowner submitted his plans to the HOA. He didn't hear back
from them, so he and the builder thought it was okay to go ahead.
The problem was, the HOA was having a hard time getting in touch
with him. They had been sending him notices about his plans, but he
didn't receive them, probably due to his having moved.
The HOA finally caught up with him, which is when he first learned
of their concerns over his plans. They told him they wanted him to
return the LOT (my emphasis, since folks were arguing whether the
covenant applied to the house or the land) to its previous
condition. At which point he and his lawyer began meeting with the
HOA. And again, the lawyer says they're getting close to settling
this, so it sounds as though the HOA is trying to be reasonable
without creating any precedents it may have cause to regret in the
By the way, the HOA had set up financial assistance accounts for the
plane crash victims, arranged for lodgings for the victims families
when they came for the funerals, and even arranged for translators
for one victim's relatives from a foreign country. So they're not
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