CCOC CASE SUMMARY

#36-07, Doral Homeowners Association v. Akhigbe (November 26, 2008) (Panel: Dymowski, Farrar, Oxendine)

The Doral HOA filed a complaint against the homeowner claiming that he had constructed a shed without permission and in the wrong style.The homeowner's defense was that he had not constructed a mere "shed" but rather an attractive combination animal house and children's playhouse.

Doral's Declaration of Covenants stated that "no building, fence, wall or other structure shall be commenced, erector or maintained upon the property" without approval from the HOA.The panel held that "while the parties disagree on whether the exterior structure is a playhouse, animal house, or shed, it is clear that what [the homeowner] built falls within the definition of the term 'structure.'"The panel ordered the homeowner to remove the structure within 60 days and to reimburse the HOA for its $50.00 filing fee.