House's exterior stirs up a battle

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House's exterior stirs up a battle

The owner says the siding is necessary to aid her asthma, but the

courts side with the neighbors

By Rosemary Winters

The Salt Lake Tribune

Article Last Updated:12/11/2006 11:06:37 AM MST

http://www.sltrib.com/ci_4818094?source=rss

Click photo to enlargeBarbara and her husband stand in

front of... ( Fraughton/The Salt Lake Tribune)«12»SOUTH JORDAN -

To Barbara , her 4,200-square-foot house is a roomy gathering

place for her children and grandchildren. A beautiful spot to retire

in. A refuge from polluted air, mold and other irritants that cause

her asthma to flare.

To neighbors, the house is just an eyesore.

" It looks like a mobile home on a hill, " says Lynda , one

of six neighbors who initiated a lawsuit against four years

ago.

Utah courts have agreed with that the home - with

its brick and Hardiplank exterior - violates the subdivision's

covenants, conditions and restrictions intended to protect the

neighborhood's visual appeal. The guidelines require all houses

tohave a " masonry exterior with all brick, brick and stucco or rock

and stucco. "

Now, and her husband, , must replace, by May 30,

the offending siding with brick or stucco, spending upward of

$30,000. Already, the couple has placed a second mortgage on the

half-million-dollar home to cover about $50,000 in attorney fees -

both theirs and their neighbors - amassed from nearly four years of

litigation.

The s say they may have to sell the home to absorb those

losses. They also worry that once the Hardiplank is removed, the

home will no longer meet stringent health standards prescribed by

Barbara's doctor.

The house also features a filtration system and contains only

natural materials to preserve inside air quality.

The fiber-cement siding - which the s argue qualifies as

a masonry product and one superior to stucco - will release

dangerous particles when cut. Less porous than stucco or brick, the

planks also keep the home safe from pollutants and moisture, the

s say.

" I have a right to be safe, " Barbara says. " If the house

were a shanty, or it didn't fit the neighborhood at all [she would

understand the complaints], but it's not an unattractive home. "

With land prices higher than when they bought the South Jordan

lot four years ago, the s feel their options are slim.

Barbara , 51, teaches special education at Bingham High

School, and , 65, wants to retire soon from 70-hour weeks

logged in sales work at Lowe's and AutoZone.

" We can't go into an apartment because I won't be able to

breathe. We can't go into an existing home because there's no way to

make it safe, " Barbara says. " We have no choice but to build. And I

just can't go back to being as sick as I was " before moving into

this new home.

's neighbors say they warned her from day one that

siding - of any kind - is not allowed.

The couple, who thought city approval was enough to complete

construction, maintain they were not aware of the subdivision rules

until after the Hardiplank was installed.

" She was warned. She was given notice, " says. " When she

basically thumbed her nose at us is when we decided to contact [our]

attorney . . . If [covenants and restrictions] don't get enforced,

they're really not worth the paper they're written on. That is the

purpose . . . to keep the subdivisions uniform. "

Her co-plaintiff, Lila Sundell questions Barbara 's

health concerns.

" If she's so allergic to dust particles, how could she stay out

there and work in her own yard? " Sundell says. " She did and there

was dust flying left and right . . . To me, she's crying wolf. "

's health requirements - and arguments that Hardiplank

qualifies as a masonry product or that the 10-year-old subdivision

guidelines had become unenforceable - were never heard in court. A

summary judgment was issued after the s' attorney failed to

properly request a fact-finding period. The couple also lost on

appeal.

Still, Cassie Medura, who replaced the s' original

attorney and argued their appeal, acknowledges that even with those

facts included, the outcome might have been the same.

A neighborhood's covenants are " one of the things that lot

buyers and home buyers should make sure they know before they close

on that mortgage, " South Jordan planner Preece says. " That's

my advice . . get a copy before you finalize the sale. "

rwinters@...