We are planning to build in a restricted community in Texas. We have submitted and amended home plans to the Architectural Control Committee (ACC) which is separate and apart from the HOA. This ACC is composed of the developer and a retired builder who owns the lot next to ours (who has a somewhat vested interest in our lot as we share a pond). The ACC is supposed to have a third member, but they haven’t surfaced yet.

We amended our plans to move an attached living area across a porte cochere that they deemed at detached (regardless of the shared foundation and roofline). We changed the position of the house in relation to the lot – which includes a pond. Our final issue is that they do not like the shape of our home – which is in a widened V shape (4200 sf one story w/ 3 car garage). They want the home to be straight with our front door parallel (perfectly) to the road. They refuse to acknowledge that our lot is built on a curve. Our front door sits at a 20 degree angle to the street (1.5 acre lot) and is “unacceptable.” There is nothing in the CC&R that this violates. In fact, 4 homes in the neighborhood are built at angles on their lots (2 at 15 degree angles, 2 at 45 degree angles). They refuse to acknowledge their own precedents. Instead they “impress upon us” the need that we “adhere to these rules as all others have” to maintain the “beauty and flow and harmony” of the neighborhood. The “harmony” statement is what they say we are violating with our door.

Their letter doesn’t even cite any particular part of the CC&R (other than “beauty and flow”) but does have a crude 90 degree angle drawn on our plans with words “This is what we want.” Which seems to be our problem. If it is just “what they want” and not based on the CC&R, it seems that regardless of what we submit, they will find another ambiguous reason to deny it (“beauty and flow” is fairly open to interpretation). It feels biased and vindictive.

Don’t know what choice we have except to get into a bitter and costly legal dispute or to cowtow to their wishes and scrap our plans – which already have a great deal invested in them as these plans were architecturally drafted just for this lot and our family! Even then, I don’t know that they’d be pacified. Since the ACC and HOA are separate, we cannot even appeal to the HOA for consideration or ask for a neighborhood quorum.

I’d love any opinions or ideas.

Hello she:

The federal government isn't enough. The state government isn't even enough. County government doesn't do enough either. City government can't cover everything. So, you buy a lot within an HOA. But the HOA isn't even enough, so they've formed an ACC.

You're never going to satisfy these people. Never. You know those flamingoes you wanted to put out?? They aren't going to let you do those either.

Move to a place where they don't care what kind of door you have.

excon

If there approval is required by deed, I am not sure that even an expensive legal battle will win, often these types of board has a final clause about "fitting into the neighborhood" or something like that, which means it is totally their opinion.

I am really preachy today so here goes, you knew of these restrictions prior to buying the land, and of course you perhaps should have gotten any home plans approved prior to, or at least as part of the agreement to buy the land.

You will also find that once a houe is built, there will be more restrictions as to improvements and changes for the rest of your life in a community like this.

This is why of course I am against such neighborhoods and subdivisions with a passion. If I want a blue and silver house, then I should be able to have one, or if I want to build a BBQ temple in the back yard I won't get cited.

But in general you could spend 1000's and lose, or you could sell this land and buy land somewhere else and build the home you really want.

Will you ever really be happy in a home that is not exactly what you want, or will you have bad fellings every time you drive into that drive way??