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DavidP19 (Pennsylvania)
Posts: 1
Posted:
If the covenants has nothing in it about alteration requests do we as the BOD have any say if someone wants to do something to the home. Our covenants has rules like no play set, tv dishs, ect but states nothing about submitting an alteration request for changes.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
if it ain't in the CCRs .... you have no say
TimB4 (Tennessee)
Posts: 21,062
Posted:
Without access to the actual governing documents to see if there might be something you missed, I can only offer an opinion based on what is in your posting.

The CC&Rs is where all authority of the Association comes from. There have been legal cases in VA where it has been determined that if the CC&Rs are silent, that it was an intended omission. Now, VA case law certainly doesn't apply to PA or any other State.

However, based on what you provided and the VA court ruling, I would say that the Association would have zero say on exterior changes unless the CC&Rs were amended. Mind you, this is only based on what you have posted and it is possible that you missed something or misinterpreted something that I or others may have interpreted differently.

Therefore, prior to testing to see if my opinion is right, I would suggest you consult with a local attorney who would have access to all your governing documents.

I'll see if I can relocate that court opinion I spoke of and post a link to it later tonight.

Tim
CarolR11 (Colorado)
Posts: 2,563
Posted:
Can you say a little more about the type of "alteration"? Adding a room onto a house? Adding a carport to a driveway? Placing a different mailbox in the front year? Thanks.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
David

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.

MatthewW4 (Arizona)
Posts: 500
Posted:
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.

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