HOA made me move my oven... final project photos

[phippsj]

So, long story short (over the past two years), is that my HOA made me move my oven about 25 feet across my yard. I had permissions originally, and it had been in place for a year, but never underestimate the power of an HOA. The first picture shows the general area of the two sites. The first is the back right area of the photo, the bottom left is the second (new) location of the oven.

So, I poured the completed patio and established the new site for the oven, and then made some design changes on the stand (two storage areas with a horizontal divider... very happy with that versus the single "cave" I had with the original design). I then took the old 42" oven apart brick by brick, labeling each with a course/position number. I then reassembled the oven on the new stand, and transferred my original metal framing / cement board to the new oven. Pictures make the framing look a bit worse than it was, but I will admit I was concerned. However, the end result came out just like he promised... straight edges and far better than I could have hoped to have done on my own.

I was going to rebuild the framing, but a friend of mine is a mason and convinced me that he just needed a rough form to work from. So, here are the build and finish pictures of that process.

[phippsj]

Re: HOA made me move my oven... final project photos

I also have a sloped yard, so the path to my backyard goes up two "tiers", with limestone block walls. To get the electric and water to the site I had to tear down those walls and put them back up again. Not a lot of fun!

The first photo shows those tiers. Turns out the ground underneath was 4" of dirt, then pure limestone as well. I had to rent an air hammer and chisel out limestone to reach the 12" of line depth required.

The final picture is the view from our kitchen window area.

I still need to figure out the pergola or patio cover. I would LOVE a groin vault, even better brick like a Catalan roof (I used to live in Barcelona and fell in love with those brick ceilings). Unfortunately, I can't seem to find any masons here who are confident they can built that type of a structure. So, I may try to replicate in dark cedar...

Anyways, its been a fun adventure so far and I am really anxious to get this thing wrapped up. Its been a 2 year journey at this point.

[jeeppiper]

Re: HOA made me move my oven... final project photos

Why did the HOA take issue? Should be none of their business what you do on your property. We have the township permit office to deal with. They only care about two things, (1) your foundation footers go down 3 feet, and (2) your check clears.

[phippsj]

Re: HOA made me move my oven... final project photos

A neighbor complained about smoke. I offered to convert it to propane and that's when it came out that the neighbor didn't like where it was in my yard. Ultimately I had no choice but to move it. The neighbor has since moved as well.

[Tscarborough]

Re: HOA made me move my oven... final project photos

There would have been lawyers involved before I moved it.

[GianniFocaccia]

Re: HOA made me move my oven... final project photos

There are roughly 57 million Americans under direct control of HOA's, which have been granted unchecked authority to act as 'mini-governments'. Unfortunately, HOA's act largely without any kind of oversight and wield the power to foreclose on 'members' who get behind on HOA dues.

HOA's were originally created to enforce strict adherence to property upkeep and design consistency in order to maintain property values. They do not, however, possess the power to enforce anything in backyards. When an HOA board member recently approached me suggesting he'd like to look into my backyard I smiled and said not on your life.

[hodgey1]

Re: HOA made me move my oven... final project photos

A neighbor complained about smoke. I offered to convert it to propane and that's when it came out that the neighbor didn't like where it was in my yard. Ultimately I had no choice but to move it. The neighbor has since moved as well.

Wow...... There are so many things about your story that make me sick to my stomach, most of which is you neighbor but then there's the HOA. I believe that mentality personifies what is going wrong with our society. I know its easier said "or typed" then done, but I would have moved. Glad your getting things back to normal.

[phippsj]

Re: HOA made me move my oven... final project photos

I was upset at the situation, to be sure. However, HOAs have very broad powers. I did have lawyers look at this, and it was bleak. The HOA forces arbitration first, and if you lose you have to pay all legal costs. At the end of the day, this was the least expensive option for me.

I do personally believe I could have won, but it was not worth the risk. HOA wanted it completely gone and I still have it, so compromise on both sides. My neighbor ended up moving as well, so they obviously felt very strongly about it as well. Im happy with the oven and how it all came out. I can't imagine why it's an eye sore, but I guess it was to one person.

[Tscarborough]

Re: HOA made me move my oven... final project photos

My neighbors love the little bit mine puts out when I fire it up, it is a smoke signal that means "pizza" and they usually get some.

[GianniFocaccia]

Re: HOA made me move my oven... final project photos

Consider it a win-win: you get to keep your oven with no legal costs, and the sketchy neighbors who complained conveniently disappear.

[sclancy]

Re: HOA made me move my oven... final project photos

Wow. The upside is you still have your WFO. So congrats. My experience has always been that HOAs can be backed down pretty easily once lawyers get involved. Covenants rarely are well drafted enough for them to enforce. And you can typically find instances where they have allowed other covenant violations to exist or go unchecked- the " nuclear" option if you will. For others who find themselves in this situation, don't buckle so quickly. Remember that HOAs are made up if homeowners and elected members change often. What the board may object to today could be fine a year later....HOAs rarely require homeowners to tear things down if there is a question of interpretation.

[phippsj]

Re: HOA made me move my oven... final project photos

Wow. The upside is you still have your WFO. So congrats. My experience has always been that HOAs can be backed down pretty easily once lawyers get involved. Covenants rarely are well drafted enough for them to enforce. And you can typically find instances where they have allowed other covenant violations to exist or go unchecked- the " nuclear" option if you will. For others who find themselves in this situation, don't buckle so quickly. Remember that HOAs are made up if homeowners and elected members change often. What the board may object to today could be fine a year later....HOAs rarely require homeowners to tear things down if there is a question of interpretation.

I have two friends who took the legal route against their HOAs and lost. One had his roof replaced by insurance and chose a colored shingle (brown hue). HOA specifies black unless prior approval is written. He ended up with $14k of legal fees and had to pay to have the shingles moved back.

The second wanted a permanent basketball standard, and put one in his front without permission. He assumed that because there were others with that he should be good. He lost (others were grandfathered), had to remove standard and pay the HOA legal costs which were close to $6k. I personally don't know anyone who has won that fight.

For me it was simply less expensive to go the route of compromise. All sides gave some ground, nobody spent money (except me moving the oven).

[Greenman]

Re: HOA made me move my oven... final project photos

I would move to a place where less interference is to be had. We may not have the 'freedom' with carrying weapons but we can erect a basketball hoop and chose the colour of our roof in this wide brown land without harassment.

Swings and roundabouts. Just sayin'.

[the_dr_masuess]

Re: HOA made me move my oven... final project photos

I am not as far along as you in the build but am also in the process of having to move the Oven... Unfortunately mine is so huge I don't think it is going to happen. I think I Might have to tear down and rebuild because it weighs too much but... it is what it is. Your build is beautiful though!

[hodgey1]

Re: HOA made me move my oven... final project photos

I would move to a place where less interference is to be had. We may not have the 'freedom' with carrying weapons but we can erect a basketball hoop and chose the colour of our roof in this wide brown land without harassment.

Swings and roundabouts. Just sayin'.

Hi Steve

HOA are not USA specific and anything to do with our government system. They are associations established and run by people within a development/Subdivision of homes. The rules are known by the potential buyers prior to moving in and dictate everything form roof colors to RV parking. Most of us here in the US prefer not to live in HOA developments, they can be mini Socialist Camps full of nut jobs. I, like you prefer the freedom of the great outdoors where "within reason" I can do what i want, but say "have-at-it" to people who choose HOA living.