Architectural Control Committee

I have applied to build a detached garage, which is allowed, according to our CC&Rs. Our CC&Rs state that it can not be used as a residence, but does not state anything about the building height/number of floors, etc. I am wanting to build a room over the garage to use for extra storage which will not be finished. The ACC denied my request stating that a second story was not allowed and that they are in the process of changing the regs. Another resident is currently building the same thing in our neighborhood and this has sparked the interest of the board (not the community) to change the regs. Can the ACC legally deny my request? Is it in my best interest to obtain a lawyer?

I think you misunderstood me. The regs do not say a 2nd story cannot be built. They already approved one that is currently being built. There are a few members of the board who don't like the way this looks and are trying to change the regs on their own (at least that's what they are saying, because the rest of the neighborhood has not been involved with this). So, they are denying me because of their disposition to want to change the regs.

KC,

Changing rules requires adherence to a process that is outlined in your governing documents and state laws. In some situations changes to the rules apply only to persons buying property after the change in the rules has been made. You should look carefully at this.

Even if the rule change applies to you, it could be construed as selective enforcement if another homeowner has already received approval for substantially the same alteration (click on the link to read about this). Once one such thing is allowed, the HOA usually does not have standing to disapprove another of the same thing (unless the HOA can show why the second instance is materially different). You can point this out and hope that the board listens to reason.

Lastly, any rule change that is enacted by the board alone will be subject to reversal by the homeowners, either at the next annual meeting or at a special meeting. If you can show that there is general sentiment against the new rule, you may convince the board it's not worth enacting something that will be soon reversed.