Unreasonbable ARC Alteration Approval

Tony...before you enter the court system why don't you go back to the ARC or even to your board and ask for a hearing to state your case and your reasons why you don't agree with their decision.

Once you enter the court system, walls go up and negotiations stop and people bow out their chests. I would try to work it out before getting that far. In the end court will cause everyone to lose.

So your visitors and guests can't be bothered to walk up the drive and use the walk provided but instead are willing to risk injury to save a few steps. I'm sorry but if you wanted a walkway directly to the street you should have purchased a home with one. Quite frankly you sound like a petulant child, the mean old ARC is not seeing things your way so you're willing to bully everyone to get your way. IMHO You should step down from the Board immediately.

Glen:

Maybe you have a reading comprehension problem, but my steps request was granted. I take issue with the requirement that I remove a $5,000 sidewalk in consideration of placing those steps. Not sure what is petulant about my desire not to decrease the value of my home or spend more hard earned money in doing that. Do you know what that word even means?

Maybe you should refrain from making ad homenem attacks and try to stick to the isues, unless that is beyond your ability.

Tony,

As a member of the Board and as a party to the appeal, you should not have any vote on the issue as there is clearly a conflict of interest.

Tim

Tony,

"I believe this is an unreasonable interference by my HOA with our right to peaceful use and enjoyment of our house. I also believe this request runs afoul of MD's common law waste doctrine. I am not going to spend hard earned money removing a sidewalk that will devalue my house in consideration of constructing steps, when there is no compelling reason to do so. I believe the actions of the ARC are vindictive in nature and accomplish no real purpose, but to harass, penalize, and unreasonably interfere with our use and enjoyment of our home."

SERIOUSLY? OVER CEMENT?

I guess some of you don't really understand my problem. All I want to do is add steps. They have been approved. It is wholly unreasonable to ask that I remove 25 feet of sidewalk in consideration. Donna, yes over cement, asking me to remove cement, that much of it just to add steps is unreasonable and serves no purpose. What I espoused is the legal standard that is involved here. No Judge in MD would ever agree that I have to remove my sidewalk to add the steps. That requirement constitutes waste under the waste doctrine. If anyone is interested, Google that term and "unreasonable interference with use and enjoyment" and educate yourself about the legal jargon involved.

I guess what I am really looking for is an attorney on the forum to communicate to me a legal opinion regarding this issue. I do not intend to sue the HOA of which I am the President, but I would have to develop guidelines for my ARC for the future, so as to avoid the Pandora's box they will surely open with another resident if they continue to make unreasonable requests such as this one, in violation of MD law.

I really do not need lay people like Glen giving an opinion when he seems to have no clue whatsoever. Glen, in this country people sue people in court to civily adjudicate claims and controversies before an unbiased arbiter. I happen to be able to do that myself and for free. Maybe you take issue with the ability I possess. It's not being petulant, it's about what is right and what is wrong. In fact, if there exists any petulance here, that squarely falls on the back of the ARC. "Let him get the steps, but he has to remove his sidewalk, na..na..na..na..na." Don't be a hater Glen and hate the player, hate the game my friend!

But any reasonable person can clearly see that requiring me to remove a 25 to 30 foot sidewalk, when every house on my block possesses that same sidewalk, to add steps is absurd.

Change the fact pattern now just a little. What if I were handicapped and instead of steps needed a ramp to my front door. Is it reasonable for the ARC to say, you can have the ramp, but please rip out your sidewalk? No way Jose!!

Are there any LEGAL opinions out there that an HOA Attorney could communicate to me regarding this issue?

Thanking you in advance!

Tony:

As Donna said we are all lay people on here and nothing here should be construed as legal advice. Furthermore being an attorney you should know darn well that giving legal advice or opinions over a forum such as this would be a major no no.

Your options are to go back to your ARC or board and request a hearing and argue your case. If you don't like the outcome of that then court is the next step. I don't think any of us are in a position to give you the advice you want or seek simply because we are not in the situation, are not lawyers and don't have enough information.

Good luck on your venture.

Tony,

I am sorry to have riled you up on my response but do not insult mine and the other posters intellegences. I am trying to get you to understand that your request may not pass the sniff test with us here. As an attorney, you should be used to a spirited arguement from another side and another view.

When you said that "you people are just about as unreasonable as my ARC--Small minded" I think that you let your true identity become exposed and I am NOT seeing 8 years of college coming from your responses. Sorry Tony but some of your statements just don't apply to what you are asking of your ARC. Like "what if I were handicapped (you aren't) and 2 people sprained their ankles on one weekend." (?)

Tony,

I think I do understand your problem. You want to have something that is not currently authorized in your section of the development, both steps from the front door to the public sidewalk and a path from your driveway to the front door.

You properly requested permission from the Association. The ARC reviewed the request and said you could have one or the other but not both.

Because you disagree with that decision, you want to appeal it to the Board. However, since you are a member of the Board - there is a conflict of interest in casting a vote on the appeal. Your Board consists of only three Directors and, based on your first posting about breaking a tie, I get the opinion that the remaining board members are split. Since you shouldn't vote, a tie would cause the appeal to fail.

Now you are looking at other ways to be allowed to have both the stairs and the walkway.


Since you indicate that you are an attorney, and I have openly admitted that I am not one, you would probably have a better idea of what a judge might do.

Personally, I don't think anyone can predict 100% what any judge would do on any given day.

Again, the Association is saying you may have one or the other, not both and the choice is yours. You want both. Therefore, I don't think that the waste doctrine would come into play here. However, since I am not an attorney, I could easily be wrong on that opinion.


I think you would need to take all your paperwork to a local attorney.


Honestly, I don't think the law is a big concern at this point. Since your goal is to change the the guidelines and/or governing documents this can be done in house and unless the law prohibits your section from having both, there would be nothing preventing your Association from adopting such a change.

Tim

Tony,
no, I am not a lawyer but have worked with a few of them on HOA docs to understand ‘just a little’ how they think or how they try to interpret the law. If you pay them, they'll find a loophole in any document in a hurry and usually tell you what you want to hear. This is how many BODs are hiding behind an attorney’s opinions. HOAs are particularly vulnerable; no place to go for a ‘free advice’.