Brian H
I submitted plans for a patio approval, and they were approved with certain restriction reminders specifically a 4/12 pitch roof.
Brian H
I submitted plans for a patio approval, and they were approved with certain restriction reminders specifically a 4/12 pitch roof. The patio roof was built under 4/12. This is ultimately my responsibility and I have accepted full responsibility for that mistake. Since March 19th when I received an email telling me to cease and desist, I have tried to work diligently with the HOA for a resolution. Unfortunately, I cannot build a 4/12 pitch patio cover on my house because of the location of two windows. The location of the windows creates a unique problem that is not self-created. Each one of these windows is the only window in an upstairs bedroom. I have two exposed points on my roof that when it rains water gets in and cause sheetrock damage, who knows what other damage is being caused. I have tarped these holes, but this is a losing battle. I have attempted to come up with a viable solution with the HOA. Most of my emails go unanswered until I continually ask for updates, I have questions that I’ve posed that still haven’t been answered. I’ve gone in front of the executive board for a variance request but was denied because a variance would result in a minor deviation from their guidelines, the very definition and purpose for a variance. I have been told by an HOA representative that one board member reported me, forced the HOA’s hand to send me a Cease and Desist, and largely caused problems for me in the board meeting discussion about the issue. There are 2 other houses down the street from me, one neighborhood over but in Cinco Ranch, that constructed patio coverings of less than 4/12 pitch. In fact, one has been built within the last 8 months. Multiple people in the HOA have told me that neither of those two houses were approved. My concern is that the HOA is selectively enforcing its rules. By not enforcing the same rules for past development, I believe the HOA may have demonstrated a pattern of waiving selected rules for certain property owners while attempting to enforce the same rule against me. Despite my frustrations, my desire has been to find alternatives that substantially comply with the design guidelines so that the community standards are not compromised. I have pursued two other alternatives as outlined below, but each has significant drawbacks that ultimately lend more merit to the variance request. Reverse Dormers: Reverse dormers would require building a section of the roof in front of each window that would be under a 4/12 slope and under my currently constructed roof slope. These reverse dormer sections would have only a slight positive slope, this construction method is not recommended as it results in a high probability of creating leaks. This simply is not a great option and could result in an unintended consequence of future home damage. Smaller Windows: I could also shrink each of these windows and modify the patio roof to a 4/12 slope. The challenge with this path is that the windows would be barely within egress requirements – on the nose really. This option would likely impact the value of my house because the tight tolerances (how close it would need to be built to egress requirements) could render me unable to classify my house as a 3 bedroom down the road; a risk I cannot afford. March 19th: I was sent a notification to cease and desist building the patio, I eventually found out this was because of the roof slope being out of compliance. I stopped construction immediately. The certified letter was received 3-4 days later. March 22nd: I had a phone call with Shay Bell discussing what had happened and the path forward to explore options. March 23: After talking with contractors I sent Shay Bell an email giving a few options as we saw them, asking for suggestions, and generally trying to move the process forward. March 24: I sent an email prompting a response. March 25: I sent an email prompting a response, received a response stating that the information was being reviewed by “the chairman.” March 26: Chairman reviews and ‘his only agreement is to make the windows smaller’, this ignored other options (that would meet guidelines) and ignored questions I had asked. I responded with other options, questions, and requested a meeting. March 29: I sent an email pointing out 2 other houses on ParkVine Lane who had patio covers, 1 had my identical slope, the other a slope even less than mine. Response back was that they weren’t approved to build a patio covering. Request for meeting with “the chairman” was denies because he is a volunteer. I was told that “all communication is sent to him as well.” April 6: I submitted plans for ‘reverse dormers’. April 8: Additional dimensions were requested on the ‘to scale’ plans and I submitted those within a matter of hours and requested to be heard by the executive board. April 12: I emailed and asked if I was going to go in front of the board. April 13 I called and left a VM, trying to find out about the board meeting April 14: I was given 30 minutes notice of my board meeting time slot, called at 3:50, my time slot was 4:20. The board apparently didn’t have pictures that I had previously submitted so I emailed them in shortly after the meeting. April 16: I asked for an update on the reverse dormer plans. April 16: After calling for an update I am emailed a letter telling me the board has denied my variance request. And I quote “This decision was denied based on the ability to effectively build a patio cover in compliance with violating the supplemental guidelines. The patio cover is required to modify the current patio cover into compliance with a 4:12 roof pitch.” April 19: I asked for an update on the ‘reverse dormer’ plans. April 20: I asked for an update on the ‘reverse dormer’ plans. I received an email from “Maria” telling me the board has denied my variance but has approved my verbal plans to modify the windows and I need to submit plans. I cleared up the confusion and point out that I’m looking for an update on the ‘reverse dormer’ plans, see April 6. April 21: I asked for an update. April 22: I asked for an update- twice. I received an approval letter for the plans but the wording calls for a 4/12 pitch throughout. This isn’t how reverse dormers work. I inform them and ask for it to be spelled out in the approval letter. April 23: I asked for an update. April 25: I asked for an update. April 26: An updated approval letter is sent for the reverse dormers. April 26: I submit plans for shrinking the windows. Only the ‘rear elevation’ because everything else on the plans is identical. April 29: I’m informed the plans for the smaller windows aren’t complete. I need a full set. (even though the full set is exactly the same as all the other plans submitted. They also request measurements, which are the same. April 30: After a night of rain I send a sarcastic email to the HOA. Maria calls me and we talk. She verbally tells me that she will approve the smaller windows without plans and tells me to send an email summarizing everything for the variance. She’s going to get this done. She also strongly hints at hiring a lawyer if they don’t approve the variance. In response I sent this summary: I am sending this email to request, again, a variance on my roof patio covering. I request that I be granted a variance to leave the patio covering roof pitch as it is now, slightly under the 4/12 requirement. As there has been a tremendous amount of back and forth, I will summarize what I believe to be relevant and that has already been shared. ? I currently have a patio covering ½ built that is less than the required 4/12 slope. It has been 42 days since the original cease and desist notification, at which point I immediately stopped construction. Water has leaked into my house multiple times because of the exposed roof – tarps can only handle so much rain and wind. I can only crawl out on the roof in the rain and lightning so many times. ? I have paid for multiple architectural drawings and revisions at a mounting cost to myself to try and develop some sort of solution. ? As it relates to the variance and already presented at the Executive Meeting: o I’ve had multiple contractors and experts tell me that the current slope is more than sufficient to prevent leaks/rot. ? I’m willing to add two layers of water and ice shield to the roof though I’ve been told one layer is sufficient. ? I’m willing to add gutters to the second story roofline to minimize water runoff on to the patio, though I’ve been told this isn’t necessary. o I’ve had multiple realtors tell me that the patio covering at its current roof pitch would add value to my house. No concern on their part for leaks or negative aesthetics. o I’ve had scores of neighbors comment positively about the patio. One even said, “thanks for raising my home value by building your patio!” ? I have approval from the modifications committee to build reverse dormers. Reverse dormers would mean that the majority of the roof pitch would be 4/12 except for the area right in front of the windows – approximately 4’x8’. These reverse dormer sections would have a roof pitch significantly less than 4/12 and significantly less than my current ½ built patio. This is a poor path forward: o I don’t see any other reverse dormers in Cinco Ranch. Aesthetically they would appear silly and pointless. I think they would be an eyesore staring out at Fall Branch road forevermore. o They present a real water/leak problem. Reverse dormers are notorious for leaking. They create a 3 sided bathtub effect with a small positive slope. The propensity for leak/water issues with the dormers far exceeds the propensity with the current roof patio construction. o Let’s be honest – I also face significant increased costs to pursue this route – a route that makes little sense, would look terrible, and would likely present water issues down the road – that, in my mind is good money after bad. ? I have submitted plans that apparently need revision and have a verbal suggestion from the board to proceed with reducing the window size of two 2nd story windows. This would allow the roof to be at a 4/12 pitch. This is a poor path forward: o This would require reducing the windows from 48”x60” to 48” by 36”, these are the only windows in each of these bedrooms. Doing so would reduce the light into these rooms which I contend would reduce my home's appeal to prospective buyers and thereby hurt my resale value. o Reducing these windows will mean that these new smaller windows are BARELY within egress requirements. The issue comes down to the egress requirement that the window sill be no more than 44” from the floor. To make this work, I’d have to build these windows at basically exactly 44” from the floor. If there is a slight miscalculation, settlement of the house, or mismeasurement from some future inspector – I could face a severe impact. ? This could mean, as I understand it, that I would have to list the house as a 1 bedroom instead of a 3 bedroom. That would significantly hurt my resale ability and my overall house value. ? This would reduce the opening of the window to just slightly, I mean a few square inches, being within egress requirements. This makes it harder for someone to escape the house and harder for emergency personal to enter the house. Not a great feeling – not helpful for resale. o Furthermore, and I hate to even bring this point up, I don’t understand why a variance wasn’t granted at the first request because presumably multiple variances have been granted before: ? I have submitted pictures of a house that built a patio in the last 8 to 10 months that has the exact same pitch as mine currently does. I know this because their windows are the same height and I measured it with an app. ? This house’s backyard faces a corner and Westheimer Parkway – I get that not every house is visible and houses that aren’t on the corner ‘get away with more’ but this house has more visibility than mine. ? Immediately next to this house is a house that has a patio covering that has much less of a slope than mine does. This patio covering looks original to the house but I’m not sure. ? It begs the question – why was my variance denied when other’s have been granted? Or why was my house cited with a violation when others haven’t? If you would like I can submit written confirmation from the aforementioned contractors and realtors. I’d have to go around and get permission from my neighbors to sign some sort of petition- that would take a few days at best. I’m asking that my variance request be reconsidered and my patio covering be approved as it is currently constructed and I be allowed to complete construction. I take initial responsibility for the contractor building it less than 4/12 – I’ve tried to do the right thing every step of the way. I’ve tried to consider and work toward a win-win solution, I’ve done my absolute best to be above reproach. I do feel that I am running out of options and have little pathway forward trying to resolve this directly. I’d like to resolve this quickly, as I am typing this out at 10:42 am on 4/30, my tarp became too heavy with water and fell down. I’m going back out on my roof in the rain to fix the tarp.) Please approve my variance request to leave the patio as is and complete construction. I’m happy to jump on a phone call, Zoom meeting, or meet in person to discuss. May 3: I asked Maria for an update. She responds and tells me the board was busy opening up the pools. May 5: I asked for an update. May 6: I asked for an update and I’m told only one board member has responded May 6: I submited the full set of plans for the smaller windows. I also involved David, my neighborhood representative. May 7: I ask Maria if I’m on the schedule for next week’s board meetings. May 10: I let the HOA know that I’m going to put roof decking over part of my patio to protect my house. May 11: I asked for confirmation for my time slot with the board. At 11:11pm I was told that the scheduler would let me know the next morning when I would be on the schedule. May 12: At 6:24am I asked that I be given as much notice as possible so I could calendar appropriately At 10:00am I was told it was only optional that I attend the meeting. At 1:43pm I reconfirmed that I wanted to appear in front of the board and asked for a time slot. At 4:35 I asked what time I needed to appear. At 5:11 I asked what time I needed to appear and what the login information was. At 5:45 I sent a text to an HOA representative asking for the information needed to join the meeting. At 6:00 and a couple of times throughout the evening I logged into the previous meeting’s login information hoping that it was the recurring meeting. It always said “waiting for the organizer”. I was never under the impression it was the right credentials. May 13: At 6:46am I asked why I wasn’t given the meeting instructions. At 7:26am this text conversation occurred between myself and a representative of the HOA:
