HOA disputes: Dealing with a difficult neighbor during renovations

Here’s the situation I’m dealing with: there's a single plot of land shared by two families—mine and my cousin's. My house is already taller than theirs, and now I’m planning to add an extra floor. The neighbors are complaining that doing this will block their sunlight, which honestly feels like a total reach to me. It seems like they're just using this ridiculous argument as a way to stop me from building. To be clear, even without this planned addition, my house is already higher than theirs, so adding a floor isn't going to suddenly block their view or anything like that. My main concern is whether they have any actual grounds to stop the construction or if they could somehow come after me later to force me to tear it down. Since we both own the same lot, legally speaking, we're co-owners of each other's properties as well.

P.S. Once we finish the extra floor, our plan is to officially subdivide the lot into two separate parcels.

P.P.S. Just as a side note, they actually built part of their house themselves, and neither of us currently holds a formal building permit; we both intend to go through the standard legalization process once everything is settled.

Of course I can, honestly the question is 🤣

Both of you guys have illegal structures on your property already, so now you want to slap on an extra floor and ask if we can pull the plug on the construction?
Just don't start a damn brawl over there—we don't need J. Edgar Hoover having to step in to break it up, everything else is survivable.

The only stuff that can actually get legalized is whatever was built before the summer of 2011.

Honestly, they were building without permits way more than I was; I stuck strictly to the floor plan measurements, but they just kept expanding both outward and upward whenever they felt like it. I really think if they actually go calling in some building inspector, they’re just going to end up digging their own grave because they're just as far out of compliance as anyone else.

You’re operating under a false premise, considering you’re dealing with an unpermitted structure yourself. Just because your cousin is also in the wrong—meaning she has an illegal building too—doesn't absolve you of responsibility, nor does it grant you a license to continue unauthorized construction.
That is merely the starting point.
Furthermore, as co-owners, neither of you should be taking any action without the explicit consent and agreement of the other. That isn't just basic common sense or good manners; it is the law.
Now, to address your specific question. Technically, you can build however you please, which seems to be your pattern so far, but there is a critical distinction regarding the legality of the work: specifically, whether it was completed before June 2011 or after. If a building inspector shows up, they will order the demolition of anything newly constructed illegally after that June 2011 cutoff, while anything built prior might still be eligible for legalization. This order would apply to all co-owners on the lot. So, don't go thinking they are digging their own graves; while both the current situation and your planned additions are technically non-compliant, they fall into two different legal categories: one that can potentially be legalized and another that must either be torn down or undergo a formal permitting process—which, again, requires the consent of all co-owners.
In my estimation, your best course of action would be to initiate or expedite the legalization process and finalize the land partition so everyone has their own deed. Once you have a legal building, you can proceed with whatever projects you desire, provided you obtain the proper building permits. Any other approach is simply a recipe for wasting time, money, and sanity, not to mention destroying any semblance of neighborly relations.

I feel like I’m not quite getting through to you guys. Both houses are fully legal; the only parts that wouldn't be permitted are those specific additions they tacked on back before '68, plus the new floor I’m planning to build myself.

The logical move would be to subdivide a portion of the shared lot specifically for the house, draw up the blueprints, and submit them to the local building department to get the green light—provided the zoning laws actually allow for that kind of split.
As for the illegality argument, let me clarify: just because your cousin’s addition wasn't permitted doesn't mean you have a free pass to start construction without a permit.

Look, if you actually bother to dig through the building codes—specifically Section 7, Subsection 4f, which is still very much on the books and used in court rulings all the time—it explicitly states that you aren't allowed to build anything that blocks out the sunlight for the neighboring properties. It’s basic stuff, really. Just do your homework.

Laura Cox5 said:Look, if you actually bother to dig through the building codes—specifically Section 7, Subsection 4f, which is still very much on the books and used in court rulings all the time—it explicitly states that you aren't allowed to build anything that blocks out the sunlight for the neighboring properties. It’s basic stuff, really. Just do your homework.

Alright, but what about the fact that I’m already blocking their sun anyway? Even without adding this extra setback, my house sits higher than theirs, so adding this section won't actually change their light situation one bit. I could see them being upset if I were building a massive wall right in front of their windows and killing their view, but this just feels like a reach. Besides, I have the zoning documents in hand, and they actually give me enough leeway to build two feet higher than what I’m even planning; according to those papers, I could technically bring the roofline up to five feet instead of the three feet I’m looking at.

Well, if you're so absolutely certain about your course of action, then just go ahead and pull the trigger on that renovation and see how the dust settles.
Honestly, stop wasting everyone's time by asking questions when you already have a predetermined answer that conveniently ignores everything anyone else says.

Why don't you just march right down to the local building inspector and lay out your entire manifesto, because who knows, maybe you're actually the one holding all the cards while everyone else is completely lost.
🙂🤣

P.S.
And be sure to mention that you’ve been working without any permits at all, so they can put you at the very top of the list for fines just to ensure you get your "fair" turn in court as soon as possible.👍

Exactly, I honestly don't know why you're even stressing about this
if her cousin snaps her husband's nose, she should just toss him right out the window
the next time some inspector shows up to check on your work, just blast a round of shots at their feet and belt out your favorite old Motown hits
just keep everything under the table, fly under the radar, and skip all those taxes
it’ll all work out fine, we live in America, who actually gives a damn about following the rules anyway...

shadowlynx102 said:Alright, but what about the fact that I’m already blocking their sun anyway? Even without adding this extra setback, my house sits higher than theirs, so adding this section won't actually change their light situation one bit. I could see them being upset if I were building a massive wall right in front of their windows and killing their view, but this just feels like a reach. Besides, I have the zoning documents in hand, and they actually give me enough leeway to build two feet higher than what I’m even planning; according to those papers, I could technically bring the roofline up to five feet instead of the three feet I’m looking at.

Are you being dense, or just pretending to be?
I explained quite clearly above that without the explicit consent of the co-owners, there is no such thing as legal construction. If we are speaking plainly, there is no construction happening at all.
Your best bet is to subdivide the lot first, then apply for a building permit specifically for your portion and proceed from there.
That zoning info doesn't give you a free pass; it simply outlines how the local planning department views your specific plot. Once you split the property into your section and your niece's section, the zoning requirements might shift entirely. I would suggest being more careful with your claims. To suggest that adding a floor "practically changes nothing" is, frankly, absurd.😵😵 Don't feed us this...