New Home builder's control of HOA

NEW -> Contingent Buyer Assistance Program
When shopping for a new home I looked at several developments and was impressed with one in particular due to their pleasant sales staff and well designed model homes.  These homes also had lush landscaping designs on display that I liked such as this one showing a full awning covering a big portion of the patio area:

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I subsequently purchased a home in this development and started about getting my landscaping designs approved by the HOA.  Along the way I heard various horror stories about how hard it is to get designs approved by the HOA board, but I did get approval for our plans within a few months. 

Rather than the more contemporary look of the awning on display at the model I chose something more suitable for my home style like the following:

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A few days before awning installation, it occurred to me that one aspect of this awning might conflict with the HOA guidelines.  The guidelines state ?The roof must be 50% open?.  In the awning I was planning on installing, there is a small covered portion near the patio door to allow me to put my shoes outside and out of the rain.  It?s hardly noticeable and I thought it would be a trivial matter.  I probably shouldn?t have, but I decided to email the property manager before construction thinking she would reply quickly with an approval.  Her initial response was to just parrot back the HOA guidelines and deny my request.  I subsequently pointed out that the New Home builder had violated this guideline already in their model homes.  In the past few weeks I have left voicemails with the HOA board members (2 of 3 are put in place by the New Home builder) and have yet to get a response from either of them.  The property manager did mention that I should cough up $175 to apply for a variance.  I told her it was unreasonable to pay to request a variance for rules the builder has already violated and demonstrated in their model homes. 

Now I know there are disclosures we sign when we buy, but it should have been pointed out to me that there are aspects of the model homes that violate the guidelines put in place by the builder and that it will be a pain in the neck and money out of your pocket to get them approved after purchase.  I?m sure the New Home builder didn?t have to wait weeks to get approval for their 100% covered awning when they were constructing their model homes.  They had carte blanche to break every rule in the book due to their controlling majority over the HOA board.  Meanwhile, back at the ranch I?m roasting in the sun on my back patio waiting for some execs at the New Home builder to make a decision that should take all of about two minutes in my opinion. 

I really found the sales staff to be an absolute pleasure to deal with, but trying to get a human response out of this HOA board is maddening.

Enjoy the feng shui,

The New Home Owner
 

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this is why its best to just ignore the HOA and do you what you want. if you would not have said anything no one would have ever known.  agree the model homes always have variances from what the HOA has, but since they run it before they start selling they can do what they want. they also get variances from the city. for example in columbus square the models walls in the front yard are like 18 inches from the sidewalk. whereas tustin requires 3 ft.  also the rear yard wall for the models extends out to almost the full length of the garage, whereas everyone elses is about 5-7 ft shorter, so the models get to have the bigger yards because the wall is pushed out farther. when driving around the neighborhood i noticed someone copied the models and pushed their wall back another 5-7 ft so their rear wall is only a couple of feet away from the alley.
 
irvinehomeowner said:
qwerty said:
this is why its best to just ignore the HOA and do you what you want.
Stop trying to get people do qwerchete style. Not everyone can afford the 1%er fines!

you saw what bones said, they are willing to negotiate.
 
Don't compare your self to the builder. The model homes were most likely built before the HOA had a board.

 
test said:
Is your HOA manager PCM?

No, Keystone.  Seems like a nice enough lady on the phone, but apparently not empowered to make trivial decisions on her own.  I'm not sure if her loyalties lie with me the homeowner or the New Home board.
 
WasToldToChangeMyName said:
Why are two out of the three board members still new home company employees?  Once it sells out, hoa should be run by homeowners with oversight from keystone to deal with paperwork and the logistics.

Was told that the New Home board members will remain till sometime in 2015, a full year after the last homes were sold.
 
jasonvit said:
I think they made it pretty clear (and bold) that the models are in no way representative of what is acceptable under the architectural guidelines.

That paragraph was obviously written by someone with the company?s interest and not the future homeowner?s interest in mind.  I?m not a lawyer, but I?m sure someone could just as easily have written that to state that these are the guidelines and any deviations on display in the model homes are also included in the guidelines.  Do they really think that sometime down the road they?re going to be able to point to that paragraph and make the case that: ?...while we thought that these features were good enough to be put on display for thousands to see in our $1.5+ mil homes, we think that if you the homeowner were to use them in your homes it would be an eyesore and detract from the community.?  Now I haven't seen too many court cases, but that just sounds like a loser argument to me.  At some point they realized they needed to mention the fact that the models don't comply. Why not at that point just modify the guidelines to match the models where needed. Why craft the language to be exclusive when you could just as easily been inclusive. Why pick fights with the homeowners unnecessarily.  Some people love to wallow for weeks in all this unnecessary bs. I think I'd rather gouge my eyes out with sewing needles.
 
That rant was epic!

I hate our HOA company, PCM. The guidelines say that "trees must match the general look and feel of the community. Here are some examples..."
Then I suggest a very similar tree, and my plans get rejected, saying I MUST pick from the following examples. WTF?

The New Home Owner said:
jasonvit said:
I think they made it pretty clear (and bold) that the models are in no way representative of what is acceptable under the architectural guidelines.

That paragraph was obviously written by someone with the company?s interest and not the future homeowner?s interest in mind.  I?m not a lawyer, but I?m sure someone could just as easily have written that to state that these are the guidelines and any deviations on display in the model homes are also included in the guidelines.  Do they really think that sometime down the road they?re going to be able to point to that paragraph and make the case that: ?...while we thought that these features were good enough to be put on display for thousands to see in our $1.5+ mil homes, we think that if you the homeowner were to use them in your homes it would be an eyesore and detract from the community.?  Now I haven't seen too many court cases, but that just sounds like a loser argument to me.  At some point they realized they needed to mention the fact that the models don't comply. Why not at that point just modify the guidelines to match the models where needed. Why craft the language to be exclusive when you could just as easily been inclusive. Why pick fights with the homeowners unnecessarily.  Some people love to wallow for weeks in all this unnecessary bs. I think I'd rather gouge my eyes out with sewing needles.
 
Do they have a life time exclusion to some of HOA regulation for these model homes?  I would assume the next new owner of these model homes will have to complied with the HOA regulation and what happen them? 

Those models should set as an example what can be done following the HOA regulation not the exception of the rule.
 
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