written approval/consent of the BOD

Our Bylaws refer to receiving a written approval of the BOD on several occasions. On some occasions they refer to written consent. Is the BOD responsible for providing that written approval/consent or the Homeowner for not receiving it after it was approved by the Board? Is written approval/consent any different from a verbal approval of the BOD which is recorded in the minutes? Does anyone has a sample that you use in your HOA?

Natalya,

Our Association requires written approval/authorization for any exterior changes.
There were several times past boards provided verbal approval to the homeowner.
To be honest, sometimes files also get lost.

When I served on our Associations architectural committee, knowing verbal approvals were inappropriately provided in the past and the likelihood that some files were lost we decided to correct this issue by creating written documentation as needed. We did this by:

1) Identified all exterior changes to a lot
2) Searched past committee minutes for any notation of approval.
3) Searched all BOD minutes for any notation of approval.
4) If approval was located in the minutes, we wrote a memorandum for the Architectural file and sent a copy to the member.
5) If approval was not located, the committee would determine if it was likely the change would have been approved (based on apparent age of the change, guidelines, precedence on other approvals and common sense). If the committee determined it would likely have been approved, we wrote a letter certifying the approval for the files and sent a copy to the homeowner.
6) If approval was not located and the committee determined that the approval would likely not be granted we wrote a letter to the member explaining that the governing documents required written approval and that there was no written approval for the change in the files. We requested that the member provide the written documentation or remove the change.

This corrected the issue. By the way - every letter asking for written documentation resulted in the member removing what was changed with zero comments directed to the committee or board. This gave the committee members confidence that they had gone about the process properly.

Hope this helps,

Tim

Tim, thank you. In the past i've never received any letter of approval from the Board. Only once i received an e-mail from our Property Manager. But this is not what our Bylaws say, our Bylaws specifically indicate the BOD as the Authority... It is for future reference.

Fred, no specific situation... Assume, it was never mailed...Is it enough for the Homeowner to get an approval that is recorded in the minutes and he has a copy to prove? Our Bylaws are clear that Homeowners have to have written approval. Is it legal for the BOD to come after the Homeowner saying he is at fault for not receiving a written approval?

Thank you very much, Tim!

Darn lack of edit function.

Natalya, ignore the suggestion to check with the ombudsman office. For some reason I thought you were in VA when I posted it.

Tim

Larry, it's a good point to have a written request. So, if there was only a verbal request, no one should worry about a written approval from the BOD, right?


Tim, I do realize that but your comments and advise help me to see a picture clearly and I prefer to use attorney's help after I get all facts straight...


No problem!


For example, can the BOD insist that some HO did not obtain a written approval and blame that HO for not obtaining it although it was approved by the BOD and the minutes reflect the fact? The letter was never mailed simply because the BOD thinks that it is the Homeowners responsibility - to obtain that approval. How? It is a mysterious question to me...

I never said anything about an architectural change. So you are saying that HO have to go and BEG the BOD?

Natalya anything and I do mean ANYTHING that requires the Board's approval should be in writing and so should the response. How else can you prove they OK'ed it? For that matter how else can you prove you asked??????

Natalya,

The Property Manager and Officers are agents for the Board. If you have e-mails of approval from them, then this is the same as receiving written notification from the board.