New HOA rep threatens to fine a homeowner for a shed approved in writing two years ago, even though the deed does not even ban sheds in the neighborhood: ‘Should I wait for them to fine me and respond then?’

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  • Man grilling on outdoor barbecue with dog sitting beside him on patio.
  • HOA saying sheds not allowed, but HOA approved my shed permit two years ago.

    House was built in 2021. We built it. We always planned to build a shed. I can't remember if it was in the closing documents or in the homeowners portal online, but I there were
  • different schedules for different things -- e.g., "Schedule a" for fences, "Schedule b" for sheds/outbuidings, etc.
  • Anyway, I found "Schedule B," which listed shed requirements. It had restrictions like setbacks, siding must match house (e.g., not plywood), must
  • have a peaked roof, must have shingles not metal roof, etc. Seemed reasonable.
  • Fast forward to 2024. I decided it was time to build the shed. I emailed the HOA contact: "I want to build a shed. What's the process?"
  • She emailed me back "Schedule B" as an attachment and application information.
  • I filled out the application, making sure my plans aligned with "Schedule B."
  • Man in backyard garden looking at dense greenery while holding small tool among plants.
  • About a month later, I go. a response: "Your shed is approved. This is a conditional approval. It must follow the
  • restrictions in Schedule B, attached." I have the approval letter in an email and hardcopy.
  • I built the shed. It follows "Schedule B." (In fact, I custom built it, frankly to higher standards than the house with respect to trim, fascia, roofing details, venting, joists, truss spacing, etc.)
  • Now, fast forward to the last two community newsletters, each included the note: "Keep in mind that sheds are not allowed in ANY lot in [subdivision name]. We
  • know that some have been installed. Violation notices and fines will be issued soon." The lady sending the newsletter is
  • not the HOA representative who approved my shed (along with a few other HOA permits I've applied for).
  • I'm like, ? Then I check the community Facebook group. There are people asking about sheds.
  • There's one guy who rails against them: "sheds NEVER increase property value" "sheds are ALWAYS an eyesore" "ANY shed
  • will just decrease your neighbor's property value and are NOT ALLOWED anywhere," etc. This is just a resident, not someone with the HOA or on the board.
  • So now it looks like there's a) a new HOA lady who has decided sheds aren't allowed and she's going to fine the few of
  • us who have them and b) there's a shed going nuts on Facebook with his anti-shed propaganda.
  • Then, I check my deed on the county's Recorder Office's website. It directs me to "Instrument #####" for my restrictions. I download. "Instrument #####."
  • There is one reference to sheds: "Sheds or other structures are not allowed to be built within 25 feet of the golf course."
  • I do not live within 25 feet of the golf course. I'm about 1/4 mile from the golf course.
  • I've never fought with an HOA before.
  • Should I respond to the notice in the community newsletter and tell them they are wrong per a) my shed approval from them and b) the language in the deed restriction?
  • Should I wait for them to fine me and respond then? If so, what should that response be, a letter from an attorney (I don't mind hiring one) or something else?
  • Should I launch a counter information campaign
  • tldr: HOA just publicly stated that anyone with a shed on any lot in our subdivision is going to be fined. I have not yet been
  • applied for and received approval for a shed using an application from the appropriate HOA representative. My shed
  • follows my approval conditions. Also, deed restrictions only prohibit sheds on lots neighboring the golf course; my lot doesn't. What should I do?

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