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My builder agreed to build a freestanding garage after we discovered the original garage would not house my truck. HOA approved

Summerville, SC |

the building of the garage. I told the builder unless the HOA approved the building of the garage that I might not buy the house. HOA approved and we have a letter from HOA that stated it must be completed in 60 days. Builder dragged feet. It's been 5 months and its almost done. Original site plan had free standing garage parallel 15 feet from house. That's what the HOA approved. I asked builder to move further away. He complied, refiled plan with county. HOA was not informed by builder. HOA says not built per the plan they saw,now wants to fine builder and me, possibly have it tore dow. They also say I used coercion against the board for approval. I did not close on the home purchase until after approval. They say I'm responsible for no notification of plan change.

Attorney Answers 1


  1. Don't see a question, but it appears from the information you provided that you failed to inform the board of the changes and built something different than what they agreed to. Now that you've been caught, what do you want? it's not the builder's responsibility to ask the Board for variances - the builder doesn't own the Lot and isn't a member of teh Association. Perhaps you need to read the covenants and find out what is required of you as an owner in a covenanted community.

    This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.

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