Moratorium limits

Started by TrayceeA • 3 replies • 1318 views

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TrayceeA (California)
Posts: 2

Posted:

Is there a limit to how long a moratorium can be in place before it either needs to be lifted &/or a change to the CC&Rs adopted? The Association has a moratorium on installing hardwood floors which has been in place for over 2 years. The CC&Rs state that hardwood floors are allowed but the Association/ARC has denied requests since early 2010.

GlenL (Ohio)
Posts: 5,491

Posted:

I would ask them where they claim the power to have a "moratorium". To answer your question it would need to be IMO before the ban, if it is allowed in the CC&R's then the BOD has no right to deny it unless there is a change in the local ordinances. Do you need ARC approval for a flooring change? Most ARC regulate changes outside the dwelling, not in it.

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TrayceeA (California)
Posts: 2

Posted:

Thanks for the response, GlenL. The ARC reviews all change requests for inside or outside the dwelling (aside from small modifications such as installing shelving). To-date the BOD has not been able to produce any documentation on the moratorium. The management company claims that the moratorium was documented in meeting minutes however they have not been able to provide a copy and even if they did, meeting minutes should not trump the governing documents.

CarolR11 (Colorado)
Posts: 2,563

Posted:

Traycee I assume your HOA buildings are multiple stories, correct? Ours is a high rise and we have strict rules and guidelines for installing hard surface flooring. A work plan from a licensed, etc., contractor must be submitted to our ARC, and new floors are installed frequently.

Did you live in your HOA in 2010? Did your HOA ever have written guidelines about hard surface flooring? How many units in your HOA?

I've never heard of a "moratorium" that opposes the CC&Rs, which only can be changed with owner approval at usually a high percentage. I suspect that the moratorium isn't legal.

Have you placed a polite written request on your Board's agenda asking for documentation?

Per the Davis-Stirling Act, a summary of ARC procedures must be sent to owners annually. Do you ever receive those? Open meeting minutes, by law, also must be available to owners.

Is your PM certified? Does s/he work for a mgmt. Co.? You have the right to read your HOA's executed contract with the MC. Have you read it? There may be a section that states your MC must not follow directives from the Board that oppose your governing docs or CA law.

To learn a lot more, go to davis-stirling.com and its Main Index.

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