Can an HOA restrict fuel wood storage?

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max384

Member
Nov 28, 2015
97
Eagle Rock, PA
I am battling my HOA about how much wood I can store and my storage shed not meeting HOA guidelines. I'm about 90% sure this will end with me moving out of the development and never living under an HOA again... But, assuming it doesn't go that way, are there any legal loopholes on restrictions on heating fuel that I can fight this with?
 
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Best wishes. I like good regulations, and hate irrational regulations.
 
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Time for you to move to the country
My Father always said buy land Why
because the good lord an't maken it no more
 
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Check the rules first.
 
There are good HOAs and bad HOAs. Sadly most buyers do not worry about it until they have signed the deed. Most HOAs are volunteer organizations run by elected volunteers and their enforcement of the rules will vary by the people on the board. As those people change what was acceptable previously may become unacceptable. Contractually they usually put the onus on the aggrieved when there is problem. IMHO, its time move if your expectations of what you want to do with your home do not line up with what the HOA agreement allows.

Note even without a HOA, municipalities can also impose limits on the use of your property via zoning rules and regulations. Generally the more developed the area, the more rules as lot sizes tend to be smaller. The trade off is a rural town with no rules means not only can you do what you want, your neighbor can do what he wants and you may not agree with what he considers reasonable use. Its easy in concept to accept that but then the junk cars start piling up, the smoke plume drifts over your house from your neighbor burning wet telephone poles and a menagerie of unfenced in animals take over you property, you are stuck. Of course move rural enough and you can buy enough acreage so you have a buffer but that usually means limited town and county services. The reality for many is that a move to a rural area works possibly early in retirement but gets old as they age. Many end up having to sell when the charm of plowing a 700 foot driveway, an hours drive to the grocery and a 2 hour drive to hospital get old with no public transportation and no family around to help.
 
Thanks everyone. I kind of figured I might strike out here. I moved to this HOA 5 years ago and have had nothing but constant issues. I keep an immaculate lawn and landscaping, I maintain my property, and don't make a lot of noise, have great relationships with my neighbors, etc. You'd think I wouldn't have any problems... (warning long-winded post to follow!)

Wood has always been an issue. I first stacked it outside. The covenants state we can have two cords. I live on two lots (and pay dues for two lots), so I stacked 4 cords, half on one lot, half on the other. They first told me that the wood storage restrictions aren't per lot. After a lot of back and forth, they had to give in, as that is not how it is stated in the covenants. But then they challenged me and said I had more than 4 cords. They had their "expert" come out and he estimated my wood pile to be 6 cords. I cut my wood short in the 10-12" range. The "expert" didn't seem to understand that if my wood is cut shorter than standard 16" that the math becomes different. It took a lot of slow talking and explaining to get this through to him. Eventually they had to give in.

They then said that the wood piles are unsightly. They were always meticulously stacked. Their issue was that I had a long line of wood, rather than the more traditional 4x4x8 type stacked cords. I informed them this wasn't in the covenants and there was nothing they could do. I still got so much pushback that I just relented and stacked them a bit differently.

I have since built a wood shed to store it in, both to keep them covered from the elements, and to keep the HOA off my back, as I figured if I had everything neatly stacked inside a structure, they wouldn't complain about it so much. However, this is not allowed. Apparently there is only one shed allowed per lot, and since I already have a storage shed, this one has to go. I should have checked the covenants, but I didn't. They're now telling me that I must remove the structure or face fines of $10 per day.

I spoke to the general manager here who said I could appeal it and that he would get back to me on a contact number and how to appeal. A couple weeks went by and I didn't hear back from him. I called and left him a voicemail and still never heard back from him. I then contacted the HOA henchman (I think her official title is chief administrative officer of the HOA) and couldn't get through to her for quite awhile. All in all, about a month had gone by. I then get a letter in the mail with fines of $300 for this structure. After several attempts, I finally get to speak to the henchman. She tells me there is no appeals process and I must remove it or the fines will continue to pile up. She is absolutely inflexible and unpleasant to put it in politically correct terms.

So here I am with daily $10 fines piling up. I've got a couple of ideas. First, The henchman's good friend, who is also employed by the development on a part-time basis has a small wood structure right next to her wood shed. It's small, maybe 3x4 feet, but a structure used to store wood nonetheless. I specifically pointed this out to the henchman, and she blew it off. So her good friend (and coworker) knowingly has this structure, and nothing is being done, yet I'm being fined on a daily basis and ordered to remove my structure. I think I have a basis to claim unfair enforcement of the covenants.

My next idea is if all else fails, I will put up a large sign stating that the HOA is harassing me. I read through the covenants, and they have restrictions on for sale signs, but surprisingly no other covenants specifically forbid signage. Furthermore, a court already ruled in favor of another homeowner being harassed by a HOA who put up a critical sign. Eventually the homeowners got their way and they removed the sign.




This being said, I'm already looking for some land to build on where I won't have HOA Nazis watching my every move.
 
Fellow PA HOA homeowner here.

Surprisingly we do not have a wood storage limit among many other bylaws. One dude's yard looks like hell because it is mostly firewood in poorly arranged piles.

One possible solution but will cost you more in legal fees than you are saving by woodburning: Was the home built with a non-wood heat source as the main source? if so, i think you are at their mercy as you would have no right to the wood as a life sustaining fuel.

I'd be willing to bet your HOA actually limits the heat source of a new build to LP, oil, or electric. same with the township, etc.

Love my HOA for for the amenities (pools, lakes, snowplowing, etc.) but those random bylaws that cut you down at the knees really have me considering moving to non HOA at some point in my life.
 
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All of your bylaws are set prior to you moving in. Most are set up my the developer or builder. They can amend the bylaws with a vote from the BOT, but this Rarely happens in order for something like this to happen it would need to have many community members affected to make a change. I work in HOAs.. its tough people want to do what they want regardless of the rules, and unfortunately you just cant.. go get 1.2 to 2 acres and do what u want.. If i wanted to, I could walk around my backyard in my underwear carrying a shotgun and no one would be the wiser..
 
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I could walk around my backyard in my underwear carrying a shotgun and no one would be the wiser..
Not a good idea some wild critter may want a piece of that
and if anyone saw you they probably go blind ;lol
 
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Sorry to hear about your situation.

I was president of our residents' association for a few years after we moved here. It's just a social group now, but was originally formed to fight the town over a wastewater treatment facility.

I would get calls like I was supposed to enforce some regulations.

Are lots selling there? I am listing our lot since we moved away and are looking to retire elsewhere
 
Here in our Ohio township, my experience is that HOAs have no enforcement teeth in them and the homeowner always wins when it gets to court. Downside is to get a good lawyer to win the case takes cash.....
 
All of your bylaws are set prior to you moving in. Most are set up my the developer or builder. They can amend the bylaws with a vote from the BOT, but this Rarely happens in order for something like this to happen it would need to have many community members affected to make a change. I work in HOAs.. its tough people want to do what they want regardless of the rules, and unfortunately you just cant.. go get 1.2 to 2 acres and do what u want.. If i wanted to, I could walk around my backyard in my underwear carrying a shotgun and no one would be the wiser..


Bingo. Bought 1.3 acres last year and from my backyard, only two neighbors can see me. Closest one is 60 ft away with trees between. I oftentimes *do* go outside in my underwear, even if he can see me! And the neighbors shoot too so no worries about a shotgun!
 
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I’m in a very rural area of NW Wisconsin and I have a two acre lot and that’s on the small side up here But it’s enough room for a 38x64 shed, a three car garage and a small house and my racks of wood But yeah Walmart and the hospital I’d 35 miles from here and the closest Menards is 75 miles. Forget about a Lowe’s or Home Depot, they are at least 100 miles from me.
 
I got an appeal date for next Wednesday. I contacted an attorney who said he'd represent me, but that it probably wouldn't be worth it. He basically said that I'll have to plea for an indulgence, and if they rule against me, I'm SOL. I already know how this is going to end, given the dealings I've had with them in the past.

We're looking for land...
 
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We're looking for land...
I lived most of my life in the suburbs of Minneapolis and St Paul Minnesota and I don’t miss the cities much. Theres no traffic up here to mention and I could count on one hand the traffic lights within 40 miles from here in all directions but yes there’s times I miss the convenience of having some home centers nearby.and if you don’t want to live on a lake you can get a decent house with a good sized garage with a few acres for under $130,000. I paid $98k for my place with two acres and a 24x30 garage two years ago but I’ve put $37k into improvements and updates, mainly siding, windows and kitchen cabinet. Taxes are low too, I’m at $750 a year here. If you hunt or fish this is a good place for that too. Several record muskies have been caught in the Chippewa Flowage ten miles from here. And there’s good bear and deer hunting as well as partridge and duck.
 
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I do most of my work on projects in Central and Eastern Mass remotely from my home in Northern NH. Folks are always asking me why I live way up in the woods. I tell them I live where you go on vacation. Luckily the scale of New England in general is bit smaller. I can be at the ocean in about 2 hours. I can get to Lowes, HD and several grocery stores in about 45 minutes and a Super Walmart 10 minutes away yet there is million acres of the White Mountain National Forest to play in just outside the door.
 
yep, just sell and move- it will only get worse and nitpicky. been there. not HOA but City / Village , selective enforcement of ordinances. took them to court and won mutiple times. but it gets old and pricy. I'm out in the sticks now but between the property tax and the School taxes( which are more than the property tax) I guess it will be time to pull up stakes again. Too bad as I really like the home- carzy part is I am apx 42 mi. from shop and it takes less time to get there from home than when I was 15 mi from it in town.
 
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I worked with a guy who was president of his condo association, and of his local village board, and was supervisor of the tool and die shop I worked in, and was on the board of directors for his retirement development in Arkansas. He would describe some of the miserable manipulations he would be engaged in and how he had fun taking on some of the local residents. I think going after very serious offenders, like hanging laundry in the garage so it's out of view and leaving rust stains on the sidewalks from snow blowers were interesting to listen to, but also indicators of the pathological side of this guy. I don't live anywhere near an HOA. Get yourself at least a couple acres, and maintain a buffer around the perimeter. Trees, shrubs and birdhouses are very nice back drops. Everyone has a tolerance level.