A 160-Square-Foot Backyard Office and a Six-Year HOA Dispute

Can an HOA deny a backyard office?

A homeowner sought approval for a backyard office reported to be 160 square feet. The HOA’s architectural committee denied the application in 2020, saying the structure was too tall. The dispute lasted six years and eventually produced a substantial attorney-fee award. The central question was whether the restriction in force when the owner applied actually supported the denial.

The trial court found that the 2002 design guidelines were the only guidelines filed of record at the time of the application. Those guidelines did not contain a height restriction that prohibited the proposed structure. The court declared the committee’s height-based denial ineffective. In a later ruling, it found that no restrictive covenant prohibited the structure as submitted.

The later appeal addressed attorney fees, not a fresh decision on the architectural merits. On September 29, 2026, the appellate court affirmed a $100,000 trial-level fee award for the homeowner. The case shows why an HOA’s concern about a project and its legal authority to deny it must be examined separately.

Two questions to ask first: Which recorded covenants, amendments, and design guidelines governed this application? What exact provision gave the committee authority to deny this particular design?

Related case decisions

• An architectural denial found arbitrary and unreasonable: A court examined vague approval standards and the HOA’s treatment of similar improvements.
• Design guidelines that conflicted with the declaration: A committee’s fence ban exceeded the authority granted by the governing documents.

For members: Read the full case decision for the court rulings, the fee-appeal distinction, and practical checks for homeowners, directors, and managers facing an architectural dispute.