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MichaelW18 (California)
Posts: 2
Posted:
Ok long story I'll try to keep it short.

Of the four buildings in our association. Only one building is adjacent to a common area which is basically like a small backyard. About eight years ago, myself and two of the other condo owners asked for permission to install sliding glass doors in our downstairs bedrooms so that we may could have better access to this area, along with a deck to act as a landing as you come outside. This was approved and at the time the board agreed that any deck that an owner would install would be of the same style and size of the deck immediately above on the top story (these are 2 story units).

Two years ago, I was the first one to begin this project. We notified the HOA president (who was new to the association) before getting started and installed the sliding glass door with only a small staircase as I did not have the money for a deck. The HOA board was not pleased and claimed that such a project had not been approved. These board members had not been around at the time of this decision, and meeting minutes and agendas had been lost due to a switch a few years back to a different management agency. Several owners signed a petition and this was brought before the board who basically accepted that there had been a previous acceptance and that no further action would be taken.

Fast forward to today, I brought it to the attention of the board that I intended to finish the project by installing a deck and I asked for their guidance on the style and color. The HOA president said that we could not construct the deck, as this would result in the reduction of the amount of common area and that the CCR's needed to be changed before we could proceed, which would require it to be voted on by the association.

Two questions:

One: Since the previous board approved the project in the first place, can I continue with the project without the current boards approval as long as I meet the original approval standards of "same style, type, color and size of the above decks"? I feel that despite the current boards opposition, they legitimized it by allowing my sliding glass door to remain.

Two: What actions can an HOA take if I decide to proceed with the alteration? Do I have enough proof that the project was approved?

Thank you for any help.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MichaelW18 on 11/14/2010 10:53 PM

Two questions:

One: Since the previous board approved the project in the first place, can I continue with the project without the current boards approval as long as I meet the original approval standards of "same style, type, color and size of the above decks"? I feel that despite the current boards opposition, they legitimized it by allowing my sliding glass door to remain.

The problem is the fact that you asked for direction on style and type of material. You were then told no. Therefore, you need to appeal the decision to the whole board (not just one member). Bring your documentation and proceed from there.

Quote:
Posted By MichaelW18 on 11/14/2010 10:53 PM

Two: What actions can an HOA take if I decide to proceed with the alteration? Do I have enough proof that the project was approved?

Proof: What do you have in writing? Did you request approval and receive it in writing? Do you have a copy of the minutes where it was approved? Do you have a copy of a newsletter that states the board approved this change? Were the governing documents amended to say no prior approval for this specific change would be needed?

If you have none of these items, you will need more then just your word. If others were at the meeting, get statements from them. Better yet, bring them to your appeal meeting.

If you decide to proceed without proper written approval - coupled with the fact you were verbally told no, you could face fines, legal action, the expense to tear the deck back out, etc.

Again, my suggestion would be to gather your written proof, your witnesses to the meeting you mentioned, and bring them before the entire board to appeal the verbal decision you were given. If your governing documents require approval for any exterior changes, submit one for the deck so you have written documentation.

Tim
MichaelW18 (California)
Posts: 2
Posted:
Unfortunately, we do not have the minutes from the original meeting where it was approved as those documents were lost when the current HOA switched to a new management company. I don't believe any governing documents were amended and this HOA does not submit any type of newsletter.

I have the word of a former board member, as well as signed statements by owners who lived in the association when the approval was granted. This approval was for the sliding glass door AND decks. That is why I am so baffled that the current board resisted my request, since it had already been approved. The board claims that our CCR's need to be changed to account for lost common area which requires a vote by the association with 51% needed to pass. But I believe that the prior boards approval gives me the authority to proceed, even though the current board is telling me no, the project has already been started with the installation of the door.

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