#599-G, Plyers Mill Crossing Homeowners Association v. Virgilio Lopes (July 16, 2003) (Panel: Reilly, Huggins, Bruce).

The homeowner (HO) built a patio, fence and shed without prior approval of his homeowner association (HOA) and the HOA told him to submit an application for the work, which he did.The HOA approved the fence and patio but refused permission for the shed and told the HO to remove it.The HO did not remove the shed but he did lower its height.The HOA then filed a complaint with the Commission.

The evidence before the hearing panel showed that the HOA allowed plastic "Rubbermaid"-type storage sheds, which must be removed when the owner sells the unit.The evidence also showed that the HO's shed, as built, was an easily-removable structure.The HOA was unable to explain the difference between the HO's shed and a "Rubbermaid"-type shed.The HOA's rules regarding sheds did not place any limits on permissible temporary sheds in terms of type, size, or material.

Accordingly, the panel concluded that the refusal of permission for the shed, as built, was arbitrary and capricious, and it denied the complaint.However, the panel also ordered the HO to remove the shed when he moved from the unit.