Property

An HOA Ordered a Homeowner to Remove a Renovation. Here’s How the Dispute Was Resolved

An examination of the association’s rules, prior approvals, and correspondence that shaped the outcome.

The questionCan a homeowners' association order you to remove something it already approved?

Illustrative example

A craftsman-style bungalow with a front porch
Photo: Wikimedia Commons (CC0)

A Fort Collins homeowner will keep a rear deck and pergola her homeowners' association had ordered torn down, under a settlement that also withdraws more than $9,000 in fines.

The association said the structure had never been approved. The homeowner said its architectural committee had signed off on the plans two years earlier.

Removing the structure would have cost about $30,000. The fines were growing by $50 a day.

Rendessa Law obtained the committee's meeting minutes and the email approving her plans, and showed that the association had approved similar structures on the same street.

The association withdrew the removal order and the fines, and each side paid its own legal costs.

The homeowner agreed to a minor change to the pergola's color. No money was paid to her.

Written approvals and records of how an association treated neighbors' projects are often the deciding evidence in HOA disputes.

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