Tag Archives: HOA rules

HOA Requirements

Some Temporary Holiday Cheer

Back in May of this year I wrote about how the neighbors of a new post frame barndominium had ganged up under the auspices of their HOA Requirements to try to force the demolition of the building under construction. (You can read about it here: https://www.hansenpolebuildings.com/2016/05/not-mess-hoas/).

Well, the building owners have continued the fight to allow their building to stand. Here is the latest news as reported by Lisa Hammer of the Dispatch-Argus:

“A house at the center of controversy in Ponderosa Hills subdivision in rural Colona might be allowed to stand.

Judge Jeffrey O’Connor on Thursday reversed an order from last May that the 9,000-square-foot house/pole barn built by Brett and Melissa Swanson had to be torn down.

The Swansons attended the Henry County Circuit Court hearing. as did 17 neighbors who oppose permitting the structure to remain.

The judge advised the neighbors’ attorney, Nadine Palmgren, to join Henry County zoning officer Kyle Stromquist to discuss the case, with the issue being whether the residence conforms to the county’s residential zoning code. He said State’s Attorney Matt Schutte would represent the county. William Stengel represents the Swansons.

building-plansThe judge also said the only drawings he himself had seen for the property were more “footprints” than blueprints and would not meet expectations of a property requiring building inspections.

“You’ve got to have something more than that,” he said.

The judge said if the structure conforms to county code, it can go forward, but if it does not, Mr. Swanson would be asked to tear down the structure.

 “I’m sorry this whole thing came up because it was stupid,” added the judge. “Utter disregard of reading the English language by those folks over there,” he said, indicating the Swansons.

A Feb. 22 hearing was set.”

I would implore those who are considering a new post frame building to make sure you dot all of the I’s and cross all of the T’s in dealing with your permitting issuing authorities. Please do not make the assumption just because it is a post frame (pole barn) building, it will be somehow exempted from the auspices of the Building Code. I also endorse the judge in saying HOA requirements need to be followed. Just because it is a pole barn, does not exempt the Swanson’s or anyone else in adhering to HOA regulations. Rules are rules, folks.