Quote:
Posted By JohnC46 on 06/17/2013 1:58 PM
Covenants can range from nothing can be done without permission to vague terms like maintain the standards of the neighborhood.
I think with a good hard, close reading of the Covenants/Bylaws then some sort of control does lie with the BOD even if vague.
I strongly disagree. If the declarant wanted the HOA to have authority over alterations he would have said so.
In recent months this forum has had several threads about the legal phrase
Expressio unius est exclusio alterius. (The expression of one thing is the exclusion of another.) That is, by including certain specific items like swing sets the declarant showed that he intended those to be prohibited and by not including a provision for association approval of alterations he knowingly and intentionally withheld that authority.
According to some threads on this forum you may also little to no authority to prevent the installation of satellite dishes. In any event, you really should seek legal advice from a real lawyer before declaring war on your neighbors.