LauraW4 (Colorado)
Posts: 16
Posts: 16
Posted:
10/08/2012 6:35 PM Quote Reply
We have a somewhat similar situation- a homeowner asked to enlarge his deck - he submitted drawings and materials and a scaled drawing of deck on lot all requirements of design review- According to our CRRs the only requirement for decks is that they be attched to the home, be of the same color or a natural stain as the home. The majority of the Arch Committee signed off on this as there was no reason to deny it. This was all documented in a letter to all Board members, management company and ARC members, and a copy given to the homeowner- There are 8 like structures in our neighborhood. The president of the Board , who was a member of the Arch Committee, didn't like it- who knows why? She called the ARC Chair and demanded that a meeting to again discuss the issue be called- he referred her to the ARC Charter that states the majority opinion will carry the decision, no grounds to disapprove the deck- again a letter stating the reasons why it was approved per CRRs-she then claimed it would be too close to property line- the deck will be 12 1/2 feet from property line- many decks including the BOD Pres is closer than his 12 1/2 foot set back-since our City municipal code states there is a 5 root side easement- he is in compliance with that too- she has since called a special board meeting removing everyone but herself from the ARC committee and appointed a new one- which she can do according to policy-and wants to hold up this particular request to review it again. Our management company has told her that the Board can not over rule a signed DRR from a homeowner after the fact, yet she is still trying to renig on this matter- since this is all documented with letters, citations of CRRs, and her emails, and the management company emails- do we then send it to the HOAs lawyer or get one ourselves??
TimB4
(Virginia)
Posts:4627
10/08/2012 10:57 PM Quote Reply
Posted By LauraW4 on 10/08/2012 10:36 AM
We have a somewhat similar situation- ... Our management company has told her that the Board can not over rule a signed DRR from a homeowner after the fact, yet she is still trying to renig on this matter- since this is all documented with letters, citations of CRRs, and her emails, and the management company emails- do we then send it to the HOAs lawyer or get one ourselves??
Laura,
Welcome to the forum. Typically it's best to start a new topic rather than reactivate an older thread even if the situation is similar. This way, all the advice received will be directed at your issue and not at the previous issue (which can cause confusion).
That said,
Has the deck been built? If not, the homeowner should probably built it quickly.
Any communications between the homeowner and the Association should be in writing (no verbal discussions should take place as it is clear documentation may be needed).
The homeowner should request copies of all minutes of meetings from the point the deck was requested forward.
The homeowner should consult with an attorney so they are prepared if the Association chooses to take legal action.
It sounds like the Board doesn't want to stand up to this individual even though they have been informed by the management company and the previous committee that the deck plans are in compliance. Shame on them. Unfortunately this does happen and it may cost the membership in legal fees if the Board allows this issue to continue the way you describe it.
We have a somewhat similar situation- a homeowner asked to enlarge his deck - he submitted drawings and materials and a scaled drawing of deck on lot all requirements of design review- According to our CRRs the only requirement for decks is that they be attched to the home, be of the same color or a natural stain as the home. The majority of the Arch Committee signed off on this as there was no reason to deny it. This was all documented in a letter to all Board members, management company and ARC members, and a copy given to the homeowner- There are 8 like structures in our neighborhood. The president of the Board , who was a member of the Arch Committee, didn't like it- who knows why? She called the ARC Chair and demanded that a meeting to again discuss the issue be called- he referred her to the ARC Charter that states the majority opinion will carry the decision, no grounds to disapprove the deck- again a letter stating the reasons why it was approved per CRRs-she then claimed it would be too close to property line- the deck will be 12 1/2 feet from property line- many decks including the BOD Pres is closer than his 12 1/2 foot set back-since our City municipal code states there is a 5 root side easement- he is in compliance with that too- she has since called a special board meeting removing everyone but herself from the ARC committee and appointed a new one- which she can do according to policy-and wants to hold up this particular request to review it again. Our management company has told her that the Board can not over rule a signed DRR from a homeowner after the fact, yet she is still trying to renig on this matter- since this is all documented with letters, citations of CRRs, and her emails, and the management company emails- do we then send it to the HOAs lawyer or get one ourselves??
TimB4
(Virginia)
Posts:4627
10/08/2012 10:57 PM Quote Reply
Posted By LauraW4 on 10/08/2012 10:36 AM
We have a somewhat similar situation- ... Our management company has told her that the Board can not over rule a signed DRR from a homeowner after the fact, yet she is still trying to renig on this matter- since this is all documented with letters, citations of CRRs, and her emails, and the management company emails- do we then send it to the HOAs lawyer or get one ourselves??
Laura,
Welcome to the forum. Typically it's best to start a new topic rather than reactivate an older thread even if the situation is similar. This way, all the advice received will be directed at your issue and not at the previous issue (which can cause confusion).
That said,
Has the deck been built? If not, the homeowner should probably built it quickly.
Any communications between the homeowner and the Association should be in writing (no verbal discussions should take place as it is clear documentation may be needed).
The homeowner should request copies of all minutes of meetings from the point the deck was requested forward.
The homeowner should consult with an attorney so they are prepared if the Association chooses to take legal action.
It sounds like the Board doesn't want to stand up to this individual even though they have been informed by the management company and the previous committee that the deck plans are in compliance. Shame on them. Unfortunately this does happen and it may cost the membership in legal fees if the Board allows this issue to continue the way you describe it.