ARC Requiring tear out of driveway-need help fast!

Based on your posting, the cause of the issue was allowing the change to happen without getting prior approval for the change. Per your posting, you had authorized the change so I don't see you having much luck in having the contractor correct the issue for free.

I see your options being:

1) comply with the requirement to have a white border

2) request a hearing in front of the Board of Directors. Admit the mistake and ask for a waiver. Bring written statements from the members supporting your position. Hope for the best.

3) request a hearing in front of the Board of Directors and try making a compromise that the border will be replaced prior to the unit being sold or at the next repair/replacement which ever comes first.

NOTE: The Board typically does not have the authority to waive a covenant or restriction that is in the CC&Rs. Therefore, if the CC&Rs specify that driveways must have a white border - you will probably need to comply. However, if the specification is a guideline or a resolution, the Board might provide a waiver.

Tim

I understand that it is our fault. So are you guys saying that there is no voting process except what the 6 people on the ARC decide? Originally the ARC said to do a petition and we did and got 75% of the people on our street to accept the driveways. Then the ARC basically said, "too bad, it needs to be 100%".

Where in our country are you ever going to get 100%? That's the beauty of our country concerning voting.

Susan,

Typically an ACC decision can be appealed to the Board of Directors. This is why I said to request a hearing before the Board.

Tim

Susan-
Perhaps you can paint or stain the concrete a color(s) to match.

I would think that they are more upset that it doesn't LOOK the same rather than how it was done.

Good luck; your contractor should have been told that matching was important.

Check to see if the ARC committee has the authority to require this. Have an attorney read over your CCR/Bylaws if needed. Its possible the ARC committee members and/or HOA prefers you to change it, but doesn't have the authority to make you change it.

They may be overstepping their bounds..... Know what I mean?

Yes it is. You're on top of this getting the news article from a different state!

Let's see. You choose to move into an HOA-protected subdivision because its look and style are desirable. Then, when you find you can get concrete work done for your entrance at a great price, you weigh your options and take your chances that you'll get away with not consulting with your ARC - a group you're aware exists and actively enforces covenants.

I'm not seeing the victimization here as the HOA would not have been created prior to the homeowners' arrival as dues paying residents. There's likely a suitable solution to this issue but it appears apparent a great deal on concrete was worth the risk of getting checked by the ARC - a gamble that did not pay off. The community as a whole was disregarded in spite of its aesthetic conformity being alluring to a segment of buyers. An effort to launch a petition drive, when there's no provision for a petition drive, is a pressure point to show community support against the HOA. That's followed by disgust that an HOA doesn't operate as a pure democracy; HOA's are mainly representative organizations charged with following court-filed parameters.

The homeowners choose a fight and will lose unless the HOA buckles under the "shame-by-media" strategy, which can work. I will concede that sometimes these projects aren't approved yet end fitting the parameters of the covenants. But, there's little question that the ARC was challenged to "do something about our new concrete driveway. We dare you." They did something.

If homeowners don't like the restrictions of an HOA and the perceived property value stabilization and enhancements one might offer, live in a non-restricted neighborhood. Sponging off the restrictions while expecting to not follow those rules on aesthetic concerns undermines the community concept.

Whoa...don't get so emotional. If you read carefully, we initially told the contractor it needed to be done as it originally was. When the concrete truck was coming down the street, they informed us they were stamping the entire apron. After them telling us it was a better product and solution (especially since ~30 of the aprons on our street were cracking) we agreed to go ahead and pour. It's not like we set out to dupe our ARC.

I enjoy reasonable covenants, but many times they have gone way too far. When they are 10 years old, outdated and want a homeowner to put an inferior product back on their property...that is being unreasonable. That's like keeping with formica countertops. Nothing wrong with the formica. Really...they don't hold up as well as products that came out years after. One needs to be able to upgrade and keep the value of their home.

Also, our ARC has chosen who to give letters to concerning their driveways chipping up and have not been consistent at all. They have decided to allow the treasurer to have pavers installed. It's not stamped concrete, but they do have a border. As far as you saying the community was disregarded in spite of aesthetics, would you like to replace something knowing that it is not going to hold up very well? A fully stamped apron is as beautiful as one with the solid border.

Your next comment concerning the petition. How else do you get change? If the six members are making decisions that the majority of the neighborhood disagrees with, what other avenues are there?

Excellent point about the enforcement. The Association may not selectively enforce a rule.

Is the rule in the Declaration of covenants or part of the bylaws or other document?

Tim

That's great. Put it on the news! Yeah! Advertise your issues with your HOA on the news so EVERYBODY will know how bad your HOA is so they know NOT to look for houses in your HOA. That should REALLY help your home values go up. Nothing like a bad reputation for an issue that should be handled internally and was your fault to begin with... Did you want sympathy and pressure on your ACC or did you really want to plummet your HOA into bismal reviews?

Susan,

I think everyone agrees that this action by the HOA could have been handled better, and the objections that they have to the driveways are picky and unreasonable.

What Melissa is pointing out is that it would have been better to resolve the problem without newspaper articles and the TV news picking up the story. The bad publicity for your neighborhood will be difficult to hide for a very long time.

Thanks for taking a more understanding approach.

We explained it to them in the July and August meeting. We even had 2 different contractors tell them it was a better way of doing the apron. But that's okay, money grows on trees and we can all easily afford and want to spend another $2,000 for an 8x16 piece of concrete in 5 years. I had suggested paint, but they want to make us the example.

The story has Larry Holmes quoted several times. His picture is in the paper along with mine. The other four were not home at the time the reporter came and also when the local TV news came by tonight.

As far as being shot....this former Army girl can handle it! We all have a right to be heard. Every time I talk to someone, there are complaints about our HOA. There are people on the board that will literally knock on peoples door for planting more than 4 bushes and start cursing them out, instead of asking them politely if they realize you are not allowed to do so according to the covenants. They are a bunch of unprofessional, unreasonable, inconsistent morons.

I wonder if this is strong arming and good ol boy network because they turned down what you wanted... I hear this ALL the time in HOA's. Especially when someone violates the rules and then has to backpeddle their way out of it...Who exactly is doing the strong arming method and going to extremes here? If I recall it wasn't the board that contacted the news or is broadcasting it to everyone who is within earshot.

I could give advice all day long, but if YOU and your neighbors didn't go through the proper process or procedure, then at the end of the day that is what it is...Vote people out so you can get people in that will vote your way sounds just awesome until you realize they have to follow those SAME rules...What then? They turned against you? When does it stop and you resolve the issue like adults? Sorry, I am a bit prentigious with my title and all...It's a title not the person...

The opportunity is only available if this community is willing to discuss and work on updating their covenants, which appears to be necessary if 75% of the community has, at least, signed a non-binding petition in support of the re-designed concrete driveway entrance.

But most people aren't willing to be so altruistic and boards simply cannot change the covenants through board votes. So, you have these spats.

This topic has really got me thinking about the need to update my own community's covenants and by-laws. Our setback requirements are now superceded by our town ordinances and we still ban satellite dishes, which federal law now prohibits (we don't enforce that one, of course).

Melissa,

Until the greater community comes together - and makes the time and effort - the board must enforce the rules on the books. Otherwise, the rules aren't outdated by virtue that the property owners don't deem them obsolete enough to work towards changing them.

The much higher majority vote thresholds, petition requirements, etc make such an effort very cumbersome - by design.

Regarding the local news coverage, the story is "the HOA has rules everyone agreed to follow. They weren't followed. Now, the board is mean-spirited." That doesn't change the facts and legal agreement between the board, community and the residents who agree, mutually, to follow the rules they theoretically support.

There have been amendments filed and the ARC has modifications that they have approved. Another silly covenants issue concerns window replacement. A homeowner has to take two pictures, fill out a non-fee form and get the ARC to approve it. We live on the golf course. If we get a broken window, we don't have time to get it approved at the ARC meeting....there shouldn't be an approval process....I have a broken window.

They are not concerned with the strain they are putting on the homeowners, they haven't thought things through and some of them are there for their own agenda.

Concerning the satellite dishes...our covenants still have them and the federal law supercedes.

Susan,

Does your neighborhood need an HOA? If it's that unpopular and there's a sentiment for direct community votes while eliminating the power of your ARC - it sounds as if you don't need and your neighbors don't want an ARC. Seriously.

Maybe I watch too much "People's court" and been in that position a few times myself. However, learned lesson that if the contractor isn't going to do the job you wanted them to do. Pull out of it. Even if there is a large amount of wet concrete waiting to be poured. Always discuss the job prior to the job starting once the contractor shows up on site. There's always a difference between what is discussed in office/over the phone than when they show up. Contractors will try to pull a fast one if they are short of materials or underpriced the job.

If anything, this isn't the fault of the HOA's ACC committee, it's the contractor's fault for not doing the job they were contracted to do. If that contract said to do it a certain way and they came up with something else, then they did NOT honor that contract. If it was me, I would have contacted the contractor and worked with them to fix the issue. They should have insurance to cover mistakes.

I once woke up one morning to find a contractor had started building a 4 foot retaining wall behind a member's backyard. I had called the contractor a week before to tell him to come out to do the job in about 2 -3 weeks. His overzealous worker decided to pull the job and start it without notifying me. By the time I got to the site, they had already dug a foot deep hole and were getting ready to lay the bricks! It was a HUGE mess and they spoke only spanish...Luckily, I had 2 years spanish under my belt and a few saved up spanish curse words...(joke). So I have been there with contractors and they can be very tricky. The only reason the job was being done was because that worker needed a job so he could get paid....

The reason we went to the media was due to them shutting US out. After exhausting those avenues, what is your suggestion?

oops, I missed the part that the OP did go to the Board and they said no.

Susan,

I'm still not clear on one thing. Is this border requirement part of the covenants, part of the bylaws or a rule the Board made on their own?

I ask because if it's part of the covenants or bylaws, the board is not allowed to grant a waiver and the proper way would be to have the membership vote to amend those documents.

If the requirement is something the board made up on their own then they do have the authority to waive it.

Have you tried the earlier suggestion of seeing if the Association would agree to a compromise of having you paint the border on the apron?

The property manager told us the board had voted to not allow any more appeals. Then today, she denied it. I got home and sent her the email she sent to me informing me about the appeals. The webs they weave! They know they are clearly in the wrong and personally, I think they have a vendetta against my neighbor who formerly was board member. They are acting like school aged children.