"We are a gated community, but unfortunately the gates didn't keep out foreclosures."
-Jake Sullivan, president of Waterways of Naples Homeowners Association, Collier County, Fla., told the News-Press
from common ground: CAI's Magazine for Community Association Leaders
Monday, July 28, 2008
Friday, June 27, 2008
Large Garage Not a Violation of Residential Use Covenant
Just in from the California Associations Institute Law Reporter-June 2008:
Micklon v. Dudley, No. DV-15-85, Mont. Dist. Ct., May 3, 2006
Covenants Enforcement: Defendant built a large two-car garage on an adjacent lot to use as a workshop, and plaintiffs sued claiming it was a violation of a covenant that required all buildings on a lot to have a residential purpose. The court ruled that since the building was built adjacent to his home on the neighboring lot, the residential requirement had been met.
Arthur and Lynn Dudley purchased two adjoining lots in a subdivision located near Libby, Mont. When purchased in 2004, a 2,000-square-foot home with an attached two-car garage was located on one lot, and the other was vacant. After purchase, the Dudleys built a 3,000-square-foot shop. The shop had steel siding, no windows, two 14-feet-high garage doors, a motor-home service bay with a walk-under pit, and a hydraulic lift for automobiles. Although the house has an attached two-car garage, it was insufficient to house the Dudley's motor home, two ATVs, and dune buggy.
Dennis Micklon, another lot owner, sued the Dudleys, claiming that the shop violated a provision of the original CC&Rs for the subdivision filed in 1983. Micklon argued that the shop violated a clause in the declaration that stated that lots could only be used for residential purposes.
The court's analysis stated that restrictive covenants are to be strictly construed. Moreover, if they are clear and unambiguous, the language of the restrictive covenants controls. When the covenant is ambiguous, however, restrictive covenants should be strictly construed and ambiguities resolved to allow free use of the property. The main issue before the court was whether the building qualified as residential use of real property. The court compared this case to two specific Montana cases with similar sets of facts.
In the first case, Hillcrest Homeowners Association v. Wiley, 239 Mont. 54, 778 P.2d 421 (1989) (CALR, April 1990), the defendants purchased a lot in a subdivision in which a restrictive covenant provided that "no lot shall be used except for single family residential purposes." The defendants built a steel-sided garage on their lot and did nothing further with their property until the homeowners association sued seven years later, asking that it be removed. The district court ruled that the garage, by itself, was a permissible "residential purpose." However, the Montana Supreme Court disagreed, stating that a garage, by itself, is not consistent with "single family residential purposes" when the garage is not used in conjunction with a residential dwelling.
The second case evaluated by the court, Tipton v. Bennett, 281 Mont. 379 (1997), ended with similar results. In that case, the trial court ruled that the defendants violated a "residential purposes only" restriction for building a 3,200-square-foot building described as a large garage without a residence. In that case, the court ruled that the defendants could keep the storage building on the condition that a residential dwelling be constructed within one year.
In this case, the court concluded that although the structure was approximately the same size as the building constructed in the second case, this structure was not the same. Instead of being a large storage building, this building was used in the defendant's daily routine and actively used in conjunction with a residential building. The court reasoned that no house could hide the shop without rendering it unusable as a garage. As a result, the court concluded that the defendant's shop qualified as a residential use and was not in violation of the declaration.
Micklon v. Dudley, No. DV-15-85, Mont. Dist. Ct., May 3, 2006
Covenants Enforcement: Defendant built a large two-car garage on an adjacent lot to use as a workshop, and plaintiffs sued claiming it was a violation of a covenant that required all buildings on a lot to have a residential purpose. The court ruled that since the building was built adjacent to his home on the neighboring lot, the residential requirement had been met.
Arthur and Lynn Dudley purchased two adjoining lots in a subdivision located near Libby, Mont. When purchased in 2004, a 2,000-square-foot home with an attached two-car garage was located on one lot, and the other was vacant. After purchase, the Dudleys built a 3,000-square-foot shop. The shop had steel siding, no windows, two 14-feet-high garage doors, a motor-home service bay with a walk-under pit, and a hydraulic lift for automobiles. Although the house has an attached two-car garage, it was insufficient to house the Dudley's motor home, two ATVs, and dune buggy.
Dennis Micklon, another lot owner, sued the Dudleys, claiming that the shop violated a provision of the original CC&Rs for the subdivision filed in 1983. Micklon argued that the shop violated a clause in the declaration that stated that lots could only be used for residential purposes.
The court's analysis stated that restrictive covenants are to be strictly construed. Moreover, if they are clear and unambiguous, the language of the restrictive covenants controls. When the covenant is ambiguous, however, restrictive covenants should be strictly construed and ambiguities resolved to allow free use of the property. The main issue before the court was whether the building qualified as residential use of real property. The court compared this case to two specific Montana cases with similar sets of facts.
In the first case, Hillcrest Homeowners Association v. Wiley, 239 Mont. 54, 778 P.2d 421 (1989) (CALR, April 1990), the defendants purchased a lot in a subdivision in which a restrictive covenant provided that "no lot shall be used except for single family residential purposes." The defendants built a steel-sided garage on their lot and did nothing further with their property until the homeowners association sued seven years later, asking that it be removed. The district court ruled that the garage, by itself, was a permissible "residential purpose." However, the Montana Supreme Court disagreed, stating that a garage, by itself, is not consistent with "single family residential purposes" when the garage is not used in conjunction with a residential dwelling.
The second case evaluated by the court, Tipton v. Bennett, 281 Mont. 379 (1997), ended with similar results. In that case, the trial court ruled that the defendants violated a "residential purposes only" restriction for building a 3,200-square-foot building described as a large garage without a residence. In that case, the court ruled that the defendants could keep the storage building on the condition that a residential dwelling be constructed within one year.
In this case, the court concluded that although the structure was approximately the same size as the building constructed in the second case, this structure was not the same. Instead of being a large storage building, this building was used in the defendant's daily routine and actively used in conjunction with a residential building. The court reasoned that no house could hide the shop without rendering it unusable as a garage. As a result, the court concluded that the defendant's shop qualified as a residential use and was not in violation of the declaration.
Friday, May 30, 2008
Wednesday, May 7, 2008
What is Your Cheapest Garage Door? (and Why You Should Not Be Asking that Question)
Many homeowners ask us for the cheapest garage door they can get. We want to encourage you to consider the long term effects of a cheap garage door. Or rather, the positive effects of a nicer looking, better quality garage door. If the front view of your home is thirty to forty percent made up of your garage door it makes sense that your home's curb appeal and resale value increase upon investment in a more upscale garage door. Your garage door is the largest moving appliance in the typical home. When buying a product this large and important, do you really want the cheapest door you can find? Better looking garage doors are a major trend in home improvement: your garage door is the first thing your visitors see. When buying a new overhead garage door, does it really make sense to buy an 80's style garage door? Whether you are getting ready to sell or simply wanting to upgrade your dwelling for your own personal enjoyment, a good looking space attracts buyer's attention and boosts our moods. Beware of uninsulated garage doors which can be pried upon by thieves and dent easily. Finally, if you do choose to go with our cheapest door, just make sure you are positive of what you are going to do with the house in the future.
Homeowners & Community Associations
Did you know that what garage doors are on homes impact the overall value of developments and communities? We would love to help you pick out which doors would best enhance the beauty and value of your property. Entry Systems also offers custom gate options, gate automation and access control systems for communities, associations, apartment complexes, etc.
Carriage Garage Door (Info for Builders)
The following was written specifically for builders: consider this when building or remodeling homes....
Your Carriage Garage Door Has Arrived
A new garage door can add a massive amount of curb appeal
By Nick Bajzek, Products Editor
July 1, 2007
Professional Builder
Door goes up, door goes down — that's all there was to the Plain Jane wood or steel garage door models of old. But today's doors — often made of composite materials — are much stronger, better insulated and, in many cases, a dynamic part of the exterior décor. "The garage is often the most visible part of a home, and it is beginning to get more attention from today's home buyers," says John Monfore, product marketing manager at Jeld-Wen. According to the NAHB, Americans spent an estimated $2.5 billion on garage doors in 2005. A study conducted by the Door & Access Systems Manufacturers Association (DASMA) in 2006 concluded 89 percent of homeowners use the garage as the primary access to their homes, highlighting what Monfore says makes it important to have an attractive but durable garage door, such as the Carriage House design."The garage door opening can take up to a quarter of the area in front of the home. People don't want their garage door to be an eyesore. They want to personalize and coordinate that door with the rest of the home," says Jamie Godfrey, an assistant account executive for Jeld-Wen's marketing team. "You have a big opening right there, and many people need something more distinct. A Carriage House door just fits a lot of different architectural styles."
Carriage House and similar styles are especially popular among homeowners and go well with Craftsman as well as Mediterranean-style homes, according to Jeld-Wen.
Monfore and Godfrey say the garage doors of old (and most garage doors currently installed) are made of steel backed by a rigid foam insulation with a baked-on primer and polyester for rust and UV protection. The steel introductions caused older wood doors to take a backseat to other cheaper and easier-to-maintain products. "Changes in garage doors in the past moved very slowly. They've moved from wood to steel to raised panel-style and now onto the latest materials," says Monfore. Surprisingly, Monfore says, the Carriage House offering has actually been around for years, first appearing in the custom home market and later trickling down into the production side. What have been driving today's garage door market are aesthetics of the Carriage style as well as the latest composite materials, such as the non-absorbent Polystyrene core offered by Jeld-Wen. Many other manufacturers' garage door materials carry similar or superior R-values to steel. Gadco, for example, fabricates a door made from a plastic material found on pickup truck bed liners. Wayne-Dalton, in a partnership with Therma-Tru, recently released the 9700 and 9800 models, which feature a molded fiberglass surface over a steel door. Raynor's garage door offerings also include the Carriage House, albeit in a wood door."This design, I think, will be around for a while at least. The garage door movement is not a fad. It's still moving along," says Monfore.
"People are deciding that it's worth the money to invest in a garage door — and it's all because manufacturers have been providing people with more options."
Homeowners really do think about their garages. Jeld-Wen's Perfect Home Survey shows:
- Almost one quarter (23.5 percent) of those surveyed said they plan on remodeling the garage in the next year.
- 14.5 percent would use a remodeled garage for parking, while 13.4 percent would use it for storage.
- Only 43 percent believe their garage lets in enough natural light.
- When asked specifically about energy efficiency, a combined 55 percent say it is either a very important or important attribute for a garage door.
Why Buy A Beautiful Garage Door? To Enhance its Curb Appeal!
Entry Systems is a proud member of the International Door Association, a professional trade association which includes the leaders of the garage door and access control industry. The IDA recently launched an informational website geared to homeowners who are looking to significantly increase the curb appeal of their home. The garage door can make up to 30% of the front view of one's home. During this tough real estate market, a garage door can make a huge difference whether or not a prospective buyer will drive by your property or want to check out the inside. One's garage door's aesthetics and quality has increasingly become more and more important in recent years. Especially since the majority of the public no longer uses their front door as their primary entrance to their home. A recent survey found that 71% of homeowners use their garage door to get in. One can argue that the garage door is now the "new front door." If you have any doubt that a new garage door can improve the curb appeal and the visual attractiveness of a home, see for yourself!
Not only can a new garage door be beautiful, it can also be a fashion statement. Your house reflects your own personal style. Unless you are selling your house, you will be staring at your garage door every day when you drive into your home. Why not stare at a beautiful door that makes you proud to be its owner?
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