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3/20/2024

Rules and Regulations of a Property Owners Association - New Construction

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     The POA is involved heavily in the beginning while you are building because you need to get their approval for builders coming in, send in paperwork so your General Contractor and any other contractors can get on the property when you are not there. The rules of a Property Owners Association (POA) regarding new construction can vary widely and are typically outlined in the association's governing documents. These documents may include the Declaration of Covenants, Conditions, and Restrictions (CC&R), Bylaws, and Architectural Guidelines. It's essential to carefully review these documents to understand the specific rules and requirements that apply to new construction within the community.

Here are some common elements that property owners associations may regulate regarding new construction:

1. Architectural Approval:
  • Many POAs require homeowners to obtain approval for any new construction or significant modifications to existing structures. This process often involves submitting detailed plans and specifications to the architectural review committee for review and approval. Extensions of the POA are the Member services 

2. Design and Aesthetics:
  • POAs often have guidelines regarding the design and aesthetics of new construction to maintain a cohesive look within the community. This may include restrictions on building materials, color schemes, landscaping, and architectural styles.
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3. Setback and Lot Coverage:
  • Associations may have rules governing the distance structures must be set back from property lines and limitations on the percentage of a lot that can be covered by buildings, ensuring a consistent and harmonious neighborhood layout.
4. Use Restrictions:
  • POAs may have restrictions on the use of certain materials or the inclusion of specific features in construction, such as fences, outbuildings, or external structures.

5. Construction Timelines:
  • Some associations may have rules specifying the timeline for completing construction projects to prevent prolonged disruption and ensure that properties are developed in a timely manner.
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6. Environmental Considerations:
  • Rules may exist to protect the environment within the community, such as restrictions on tree removal, erosion control, and other environmentally sensitive practices.
7. Contractor Regulations:
  • POAs may require homeowners to use licensed and insured contractors for construction projects and may have guidelines for contractor behavior to minimize disruptions and maintain safety.
     
    It's crucial to engage with the POA early in the planning stages of any construction project, as violating the association's rules could result in fines, legal action, or other consequences. Homeowners should reach out to the POA's architectural review committee or relevant governing body to understand the specific requirements and procedures for obtaining approval for new construction within the community.

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