PamelaS4 (California)
Posts: 4
Posts: 4
Posted:
I am a reluctant chair of the ARC committee. Our community is 20 years old. It is a well kept community.
Situation: The Association removed several trees along the south perimeter of the development, leaving a homeowner's property exposed to the street above the 4ft perimeter wall. The homeowner submitted and recieved an ARC approval to redo her rear yard landscaping. The homeowner received all appropriate neighbor signatures. To address her rear and left side property exposure to the streets, the homeowner erected a 6'7" X 10' screen which was outlined in the submitted architectural drawings as well as number of trees. The homeowner lot line is 117' along the side exposed to the street.
Upon completion of the property improvement, the then ARC chair cited the screen as a violation because it was not "white". The homeowner was ordered to remove it, paint it or replace it with a "portable screen" which could be any color. There are other instances of screens and "out of compliance" landscape with homes along the "golf course" side of the development that the former chair says is ok because the committee does not inspect those homes during walk throughs because inaccessability during golf course hours.
Does the HOA have a right to remove landscaping that was present when she purchased without replacing a similar screening? Does the homeowner have a case for approval of an ARC variance? Is the violation valid when the homeowner followed procedure and her landscape design drawings were approved and she incurred costs to erect it accordingly? Can the board approve a variance for one homeowner and not another of similar situation? Can a board pick and choose which violations they review? Is there a standard form for am request for a variance that I can utilize? Is one board held to the exception decisions of another board? Do homeowners have a right to know which ARC exceptions have been approved?
Situation: The Association removed several trees along the south perimeter of the development, leaving a homeowner's property exposed to the street above the 4ft perimeter wall. The homeowner submitted and recieved an ARC approval to redo her rear yard landscaping. The homeowner received all appropriate neighbor signatures. To address her rear and left side property exposure to the streets, the homeowner erected a 6'7" X 10' screen which was outlined in the submitted architectural drawings as well as number of trees. The homeowner lot line is 117' along the side exposed to the street.
Upon completion of the property improvement, the then ARC chair cited the screen as a violation because it was not "white". The homeowner was ordered to remove it, paint it or replace it with a "portable screen" which could be any color. There are other instances of screens and "out of compliance" landscape with homes along the "golf course" side of the development that the former chair says is ok because the committee does not inspect those homes during walk throughs because inaccessability during golf course hours.
Does the HOA have a right to remove landscaping that was present when she purchased without replacing a similar screening? Does the homeowner have a case for approval of an ARC variance? Is the violation valid when the homeowner followed procedure and her landscape design drawings were approved and she incurred costs to erect it accordingly? Can the board approve a variance for one homeowner and not another of similar situation? Can a board pick and choose which violations they review? Is there a standard form for am request for a variance that I can utilize? Is one board held to the exception decisions of another board? Do homeowners have a right to know which ARC exceptions have been approved?