Google and TexAgs search doesn't appear to be coming back with anything here. Long story short, I have a TuffShed on a Utility Easement in my backyard. No powerlines or poles, but there's a short, 2' AT&T pole sticking up in the back corner, but I left room to access it, so that shouldn't be an issue.

My gripe is, the HOA isn't Centerpoint and isn't AT&T, so the Utility Easement should not fall under their jurisdiction. Obviously, if Centerpoint showed up one day, I'd have to move the shed, but I'm willing to take my chances on that not happening. I've been here seven years and it hasn't happened yet, and the neighborhood construction phase is over.

So, does anyone here know better than Google?

Not mentioned previously: my backyard backs up a main thoroughfare through our neighborhood, which is likely the only reason the shed was noticed. There are a dozen other sheds, some under powerlines that don't back up to the main street, so the HOA driver can't see them, or is too lazy to look.

All in your CC&Rs. The HOA prolly has a restriction on the height of the shed.

A bunch of people fighting over land that none of them have any rights to? Am I reading this correctly?

I agree with Rexter on where to find information. I would also add that for HOA restrictions to be enforced, they must be consistently enforced. So if you have examples of other people with sheds that are not compliant and not enforced, it is good for you especially if they have been there for some time.

SIL Land.arch went through same deal in N.Dallas.
This is not about easements, it could be about ACC/HOA written setbacks
but mostly about resale/property values = views of shed from mostly street public/visitors ...
although your neighbors are suspect at reporting it and object to their view of it.

The easiest common ground and least costly solutions
a) move it to an agreed place by all, insuring the covert complainer - if any - is included, or here we go again with him or another neighbor's view of it
b) install a 30-gal evergreen "screen" agreeable to all, as well as placement ... even if it dies in 3 years, all might be forgotten and credit to you & the money spent you tried and now water under the bridge
c) fence height extensions in a few places, as agreed

The hardest solution comes when the HOA has enough money & will to hire a lawyer, to which you must respond = $$$$/time/hassle

GrimesCoAg95 said:

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I agree with Rexter on where to find information. I would also add that for HOA restrictions to be enforced, they must be consistently enforced. So if you have examples of other people with sheds that are not compliant and not enforced, it is good for you especially if they have been there for some time.

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The bolded is good to hear. Because, yes, I'm only being flagged because of my home's location. Thanks.

The HOA doesn't enforce the easements, but typically have it built into their architectural control documents that there are property line set backs to "cover" easements.

Check CC&R's. If HOA debut have the easement or any language on easements, setbacks, or other restrictions you may be violating, they can pound sand.

Also, if you submitted the shed plans and locations before install, and they approved it, then that was their chance to complain.

Did the HOA approve the shed?
Is the shed in compliance with the HOA docs? Our HOA limits shed to 8x10x8.5. I was able to file a variance that they approved.

My gosh I love living in a cow pasture! My nearest unrelated neighbor is about 5 miles from me!

I think ?1 is did it go through the HOA at its original construction?

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So if you have examples of other people with sheds that are not compliant and not enforced, it is good for you especially if they have been there for some time.

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When you attention to the people with sheds in easements & the HOA makes EVERYONE move their sheds because you ratted them out, you'll be the most popular guy on Nextdoor!

Technically, any part of your yard can have rules and specifications that are under the HOA's jurisdiction. Just because it is a utility easement doesn't mean it's exempt from HOA rules.

Former HOA Board Pres here....

My advice....

Build a shed that is not higher than your fence. I have two of those in my yard, never submitted either of them and HOA shouldn't care about them unless your neighbors complain.

I made certain that we the HOA did not enforce the Utility easement. That wasn't our job to enforce. All we did was tell you that you can't put something permanently the ground and if the utility had a problem, then that is between you and the Utility.

I literally built a shed where the 2 ft tall phone connection is inside my shed. I built the shed in such a way that if they need to access it, I can pull the floor up and they can access it.

aggiedent said:

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Technically, any part of your yard can have rules and specifications that are under the HOA's jurisdiction. Just because it is a utility easement doesn't mean it's exempt from HOA rules.

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To clarify, the HOA can't enforce the utility easement, but they can enforce CC&R's that apply to the same area.