Our visit to see our tiny cabin in March, 2019
Without wanting to invest anymore money into our project, we felt the right thing to do was to have the porto-potty removed, seal up the cabin so no critters could get in, and put her to bed for the winter so that we could really think about our next course of action. We left the cabin mid-October only to return for just a peek the following March. During this time, we realized that we missed everything about it and we still kept dreaming and visualizing how it would take shape. But for now, I knew we had to button up the place for a long winter’s nap so that we could get organized for how we were going to manage how we were going to be able to keep moving forward after the thaw.
Rather than looking at ideas for interior design and plotting the kitchen layout over the winter like I normally would, I threw myself into learning about the rights of Homeowners and HOA policy. I really read through the Deed Restrictions and the Bylaws of our association so that I could reference them with confidence when push came to shove. I starting digging for information regarding the history of our property and all that I could find seemed to give our project legs to stand on. I spoke with the Township Zoning Commissioner and explained our conflict with the association. He immediately mailed a letter to the board president who insisted that our home required a land use permit. The letter contained the following:
I have reviewed our records to help answer questions that arose regarding this lot.
1. The current Leelanau Township Zoning Ordinance (ZO) does not have a
minimum dwelling size requirement.
2. We do not consider the remodeling of the existing structure as a change of use, as
township assessing records indicate the existing structure is classified as
residential. This determination can be appealed to the Leelanau Township Zoning
Board of Appeals by formal application.
3. Any increase in the footprint or height of the structure will require a Land Use
Permit from Leelanau Township.
4. The township does not have any record of township permits issued for the
existing structure in 1984.
5. Township zoning regulations do not prohibit the Association from enforcing any
of their applicable Subdivision Restrictions or Covenants.
I also decided to take the advice of the Board President and submit our plans for approval. This would allow them to see our plans and also for them to furnish historical documents that might explain how our tiny cabin came to be. My hope was that in having both sides bring all of the information to the table, we might be able to find a compromise. I sent the plans, which actually was a simple sketch of exactly the same building as it always has been at the same size of 320 sq. ft. I sent the letter not only to the head of the Architectural Committee, but also to every member of the current board. I left the names of board members out of this letter in order to protect their privacy. Here is the letter that was sent in an email on 2/11/2019 that accompanied our plans:
To the XXX Board Members,
From what we can tell, an HOA Board has 3 primary responsibilities (1) to protect property values of its members (2) maintain a safe environment for people to live and (3) to foster a sense of community.
We have a history of being valued and active participants in our community. We have helped neighbors to build wheelchair ramps and complete improvements that add to curb appeal through an organization called Building Blocks. We have also designed, recruited participants and led activities in our neighborhood community garden. We are terribly disappointed in our first introduction to the Cherry Home community and feel that we were presented as a problem rather than in a welcoming manner as new residents that should be.
We feel that it was inappropriate to have our property brought into a community meeting without being notified that it was happening. Notification would have allowed us both to plan to be present and to be fairly represented; instead, we were blind-sided. Having only purchased the property a week prior to that meeting, we were in no way prepared to present our plans to the architectural committee for review. It is inconceivable for the committee to have fully understood the scope of our project when WE didn’t even really know what we wanted to do. We struggle with these actions and they have led to a lack of confidence in the committee’s ability to be unbiased and reasonable. The attached letter from the Township Zoning Commissioner that was mailed to (BOARD PRESIDENT) in October 2018 answers any questions regarding land use. We believe that you all should have seen this by now, however in the event that he is not being forthcoming, we thought we should include it.
For complete transparency, here is a list of all that has been done to the property to date:
- Electrical inspection completed in order to have power restored. Consumer’s Energy said that there hadn’t been power on at that property since 2009 and required the inspection in order to reinstate power and heat.
- Removed carpet, drywall and insulation that was destroyed by rodents. Gutted and hauled away everything including cabinets and desk.
- Started to clean up fallen trees and brush around the property.
- Applied for well and septic permits to bring the dwelling up to code with the addition of plumbing facilities.
- Applied for a building permit for interior improvements without any change to the footprint.
We understand that you are trying to get ahead of a potential problem, but we have done nothing that requires the board to take action. We ask that you respect our approach to this project and work with us to achieve an outcome that satisfies all. Our plan is to tackle this project in manageable stages with an end result of being full-time residents in a home that meets the 850 sq. foot minimum. The Township Zoning Administrator classifies the existing cabin a residential building and this is reflected in the property taxes that we are paying. The structure was somehow allowed to be built in 1984 to look more like a cabin than a shed with windows, shutters, a front door, heat, carpet and a small deck. It should have been the responsibility of the Architectural Committee at that time to question the plans when presented. Furthermore, if the building was constructed without approval, then again, it would have been the responsibility of the architectural committee to raise concern with the original owners at the time the building was constructed. For this reason, it seems only fair that the board work with us to find a solution.
Current rules do not clearly state that upon change of ownership, all existing buildings must be brought to 850 square feet. There are other homes that do not meet the 850 square ft. requirement, therefore we feel that if we are required to bring our structure to the minimum now, then it is only fair to ask other property owners to as well. It is our current plan to bring this cabin up to code with the installation of well and septic for indoor plumbing. We have been granted a building permit in compliance with the State of Michigan (and International) residential code to complete the interior modifications for installing a bathroom and kitchen. Once to code, we would like to be able to enjoy the cabin on weekends a few times throughout the year until we are closer to retirement at which time it is our plan to increase the square footage to meet the minimum requirement of 850 square feet.
Without an immediate change in footprint, there would be no change in how our property affects the property values of others, only that the cabin is maintained rather than left to fall apart. It is the responsibility of an HOA board to remain open to solutions that will make a difference in people’s lives with decisions that have little effect on the association’s property values.
We plan to do everything in cooperation with Bylaws and will present our plans for each stage. Considering the treatment we’ve received from a few of the board members, we plan to present our ideas to the entire board rather than just the architectural committee. We do not feel that the architectural committee is able to be unbiased with our situation.
At this time, we would like to ask the board to furnish any and all documents and record of conversations between the board and previous property owners dating back to 1984 for us to review. In the meantime, please see the attached permits for well and septic, along with the plan for our interior modifications to the cabin. Please note that the only exterior alteration is the replacement of windows.
Sincerely,
Shelly and Tim Claflin
Now we would sit and wait for their response.
Little Leelanau 