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BobA (California)
Posts: 23
Posted:
Our CC&R's do not give any kind of time frame for completing a project once approved by the ARB. I have also seen in other CC&R's where there is specific verbage giving the ARB the right to enter and inspect a project at any time during the insatalation and completion of the project but ours does not and we have been told if the member does not allow us to we can not.
So I have a 3 part question:
1). Is there a certain time frame that would be considered reasonable? We have a situation now that a member submitted a project back in 2001 and has now just done the work. The Board did not notify the ARB of the work being done just the president told the Board they had approval papers for the project.
2). In the original proposal the work being done was supposed to match the rest of the house (building an extension on to home)color, siding and shingles. The shingles do not match the new ones are alot darker than the rest of the roof. This does stand out from the roadway. Can the ARB act on this even though the Board has given its OK since they bypassed the ARB?
3). This is the second time the President has bypassed the ARB and and is allowing things to happen that are against the CC&R's. The other members of the Board do not seem to care. They had just been thru one Law suit and said they would follow the CC&R's from here on out. If they are breaching the supposed settlement of the Law suit what can be done? This Association does not have its own attorney because they do not want to spend the money on one. The Law suit was handled thru the insurance attornies.

RogerB (Colorado)
Posts: 5,067
Posted:
Bob, in answer to your questions:
1) One year - see attached form. The President acted out of order if the approval must go to the ARB.

2) No. But the Board acted out of order and should be advised this is a no no.

3) Who breached the settlement, the HOA's insurance company or the owner? If it was the owner, the Board should contact the attorney who handled the case for follow up action. If it is the insurance company your Board may need to hire an attorney.
RogerB (Colorado)
Posts: 5,067
Posted:
Attached is the architectural form we use.
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📝1121351366371.doc(30 KB)
BobA (California)
Posts: 23
Posted:
Thanks Roger for the form.
There was a coplaint made to the Board in reference to a shed that was put up behind a house, which is against the Covenants. The Board, specifically the President did not act on it. No letter was wrote or a visit made to the member. The complaint was made by a homeowner and a Board member. When they were asked about it the President in a newsletter stated that sheds, storage buildings etcc. are not allowed and all need to be taken down. No mention of any names or addresses. There are several in our community though that were supposedly grandfathered in, 1997 due to discrepencies with the Developer allowing them to be put up before turning everything over to the HOA.Thats a Long story and happened years ago. So to me it seems the Board breached there settlement.

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