Unapproved Architectural Changes Spark Lawsuit In Boca Raton HOA

A Boca Raton HOA has filed a lawsuit against a homeowner over unapproved architectural changes, including removing a fence and repainting a home.

Multiple Unapproved Architectural Changes

Umit Yigit is a homeowner in the Fieldbrook Estates property owner’s associations. The association recently filed a lawsuit against Yigit for removing a fence, which the HOA did not approve. According to the HOA, the fence blocks a swimming pool, and removing it has created a safety issue in the community. The removal of the fence also breaches Palm Beach County code, which requires fences for all swimming pools.

In addition to the pool fence removal, Yigit and his tenant, Michael Tussel, also made other changes to the home that the HOA did not approve. After removing the original fence, Yigit and Tussel installed an unapproved perimeter fence. They also proceeded to repaint the color of the home without the permission of the Architectural Committee.

As per the lawsuit, the HOA is seeking a judgment requiring Yigit and Tussel to restore the home to its original appearance. They also seek a judgment that would require them to install an emergency fence.

Yigit and Tussel would need to restore the unapproved architectural changes at their own expense.

Not Uncommon for HOAs

Homeowners associations are quite known for enforcing strict architectural standards in their communities. These standards help maintain a uniform and consistent look across homes in the neighborhood. They aim to maintain a certain character for the community, enhance curb appeal, and preserve property values.

When homeowners go against these standards, the HOA can penalize them. Often, owners must seek approval from a committee or the HOA board to proceed with a modification or alteration.

Homeowners should review their governing documents to avoid penalties. Similarly, HOAs should educate owners and ensure they know the architectural guidelines.