WWYD? Buy house that violates setbacks?

[humandraydel]

For the record, I have already made my decision (after speaking with a lawyer, doing research, and thinking critically). But I'm curious what others would do?

I am currently under contract to buy a house with a detached 2 car garage. The survey revealed that the garage is set back 6 feet from the property line. This meets the county requirement of 5 feet, however, it does NOT meet the 10 feet requirement that is laid out in the restrictions and covenants of the neighborhood. There is NO HOA, but anyone in the neighborhood could potentially bring a legal proceeding against you for the garage. Granted, the possibility seems slim that anyone would actually care - unless you get a vindictive neighbor.

[disneysteve]

Was the garage built in violation of that rule or did the rule come along after the garage was already in place?

If the rule came first, what's the potential penalty if someone complains?

I think HOAs are insane and go way too far in invading people's privacy. We very purposely chose a home in a development that had no HOA to avoid nonsense like this. Really, if the law says 6 feet, how do they get away with saying 10 feet?

What would I do? I'd read those complete rules in detail and see what other ridiculous restrictions exist before deciding if I really wanted to live in that neighborhood.

[humandraydel]

Was the garage built in violation of that rule or did the rule come along after the garage was already in place?

If the rule came first, what's the potential penalty if someone complains?

The rule definitely came first. What is the penalty? That's up to a judge to decide. And while legal cases like this are uncommon, there ARE cases out there where the judge made someone tear down part of their house and/or garage due to situations like this.

I agree about HOAs and I also specifically avoid them. But I guess a lot of neighborhoods have restrictions with no governing body which makes it sort of nebulous.

[disneysteve]

I guess a lot of neighborhoods have restrictions with no governing body which makes it sort of nebulous.

I've never heard of there being restrictions without an HOA. Who makes the rules or enforces the rules in that case? It sounds like it is an HOA and they just aren't calling it that.

[josetann]

I've never heard of there being restrictions without an HOA. Who makes the rules or enforces the rules in that case? It sounds like it is an HOA and they just aren't calling it that.

My guess (and it's only a guess) is someone bought up a large tract of property, put some deed restrictions on it, and then parted it out. We once lived in an area that had multiple restrictions (limit to type/number of pets allowed, no mobile homes older than X years could be put on the property, stuff like that). Definitely no HOA. Not sure what someone could do if a rule was broken (one of the rules was no camping for an extended period of time, but someone setup a permanent camp on their property, so I dunno).

[humandraydel]

I've never heard of there being restrictions without an HOA. Who makes the rules or enforces the rules in that case? It sounds like it is an HOA and they just aren't calling it that.

josetann is correct - it's not that uncommon for there to be restrictions for neighborhoods. Essentially, when selling the lots in a subdivision, some basic rules were put in place. For instance, no house can be smaller than 1250 sq ft. Also, no fences are allow in the front yard. It's pretty basic stuff and nothing that is ridiculous IMHO.

As for enforcing, the legal system can enforce it because it is essentially a legal contract. The difference is that instead of someone like an HOA actively looking for violations, an individual in the neighborhood would have to file a legal proceeding. Chances are slim, but you can google and find cases of vindictive neighbors filing suit to get someone to tear something down.

[LuckyRobin]

If you are buying into a community with an HoA and you are buying a house that violates the CC&R's, you should be able to go to the governing body of the HoA before you purchase the home and get a variance. We bought a home in an HoA that had a fenced yard. No fences were allowed in the development and it had been put up illegally by the previous owners. We got a variance in writing, signed by the board, saying that we could not be sued by the HoA over the fence or forced to take down the fence.

[disneysteve]

As for enforcing, the legal system can enforce it because it is essentially a legal contract. The difference is that instead of someone like an HOA actively looking for violations, an individual in the neighborhood would have to file a legal proceeding. Chances are slim, but you can google and find cases of vindictive neighbors filing suit to get someone to tear something down.

In that case, can you go to the zoning board (or whatever the governing body is) and request a variance in the manner that LuckyRobin described?

If you can't, I'd probably move on. Buying a home has enough unknown problems. Why buy one with a blatantly obvious problem. As Dave Ramsey says, you'll find another home. There's one on every corner. I wouldn't want to live with that risk hanging over my head, and I'd be really pissed if I ever got forced to tear down my garage.

[Marius]

My own little setback nightmare

I had to chuckle sympathetically when I read this. The advice we read about buying a home did not include investigating the zoning and/or Board of Health regulations. Much to my chagrin, I've been getting a painful education in them since buying a house in MA last year. We wanted to build a detached garage. We thought at first we would simply need a zoning variance because of the 60 foot setback requirement from the street. While investigating that we discovered that doing so would violate setback requirements for septic systems. Add to that the State's wetlands regulations, and the garage may end up being more expensive than the house if it can be built at all! I'm being batted back and forth between contractors and local bureaucrats, filling out permit applications and writing checks. Apparently our place was built before all those regulations were in place. It can exist; it's just nearly impossible to improve any aspect of it. (One of those contractors, an "old school guy" in his 70's, got a laugh when I said: "Tell me again what it was like to live in a free country?") I might have bought elsewhere had I known all of this was going to happen.

[disneysteve]

So humandraydel, you said you've already made your decision. What did you decide?

[humandraydel]

Hi Marius, thanks for the story (though I'm sorry to hear it!). Fortunately I had a survey conducted (it seems most don't) and I am not purchasing this house. I posted this mainly because the lawyer seemed to think this was not a big deal. Personally, I felt otherwise, so it made me curious what others would do. At this point this thread is mainly a reminder (or warning!) to others looking to buy a house.

[humandraydel]

So humandraydel, you said you've already made your decision. What did you decide?

I decided NOT to purchase the house. I'm not THAT worried about a legal proceeding being brought about by a neighbor, however, I am in a profession that typically gets relocation benefits. Typically the relocation company actually buys your house, and in this case, I was worried that it may be a red flag to the relocation company and they may not buy the house.

[snafu]

Really glad you've passed since there are enough problems with houses without taking on bureaucracy.

[dilly]

Someone needs put in jail

I built a house for my son he used the house for colleratal for loan to pay me back however it was a truly bad loan paid 50K in payments none came off principle divorce came and house went into foreclosure sherrif sale nothing happened Bank bought it back I own all ground surrounding the house now trying to buy it back I have agreement for a shared sewage system, electric on my property, setback violation deck is only 2.9 feet from my property line dwelling is only 14.9 feet from my property should be 30 feet from rear property line Zoning officer just sent to Deutsche Bank in Santa Ana Ca.They must correct problem by March 15 or fine is $500 per day.They can file for a variance but I will oppose it and win. I have junk all around the house but on my property. There 3 year taxes that have to be paid by Sept this year I offered 60K dropped it to 40K and now I want to drop it even more as I think I have them by the short hairs.What are my chances of just offering to pay the taxes due and make the violation go away as I can increase property line by 30 feet then no violation. Thank you in advance.