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KathyS (California)
Posts: 145
Posted:
There is a law in California stating:

Civil Code 1378 (c)
An association shall annually provide its members with notice of any requirements for association approval of physical changes to property. The notice shall describe the types of changes that require association approval and shall include a copy of the procedure used to review and approve or disapprove a proposed change.

What are the consequences of the Board's failure to send out these requirements? Can the homeowners proceed with arch changes without asking for approval?

RogerB (Colorado)
Posts: 5,067
Posted:
Kathy, I would not do changes without going through the approval process. I would send the Board a copy of Civil Code 1378 and demand they comply with it.
KathyS (California)
Posts: 145
Posted:
Roger,

I wouldn't do anything without approval for obvious reasons but I still wonder, what could a Board do to a homeowner who went ahead and made changes because the guidelines weren't sent out?

It is the law and if the Board hasn't complied with it, how could they hold a homeowner responsible for doing something when there were no guidelines?

I'm afraid this might be another vague law that leaves much open for interpretation by both sides. However, the homeowner should proceed on the side of caution regardless. I do think though, the Board should hold some responsibility for not doing what they were supposed to do.

Kathy

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