Statute of Limitation on ARC/ACC approved project that hasn't been done

A homeowner emailed the HOA stating that a change he submitted in 2002 that he never did is going to be done. A copy of the approval letter from the (then) management company was emailed to the HOA along with the plan that was submitted back in 2002. The application was to extend the side fence to his property line.

The approval letter sent by the old management company did stipulate that the application was approved by the HOA, but because a gas pipeline runs down along the side of the property (and through the entire 721-home gates subdivision), the pipeline company would also need to approve the change. His survey shows that he actually owns the land at that portion of the pipeline (whereas no other lots incorporate the easement), which in and of itself is unusual.

The homeowner was informed that because the application was over 10 years old, he would need to resubmit it along with a copy of the approval from the pipeline company.

Now he is asking why he needs to resubmit it - if the fence had been changed, we wouldn't be asking for him to resubmit the application.

I can find nothing in the governing documents that specify the length of time given for change once approved, but since it's been a decade, surely it makes sense to resubmit the application.

I am interested in hearing what others may think of this.

Our policy actually states it's only good for 6 months.

If you don't have such a policy, then I think the best you can do is ask for a copy of the approval from the gas company (as that was a condition of the original approval).

This wasn't his great, great, great, grandfather though. This was the same owner who had gotten prior approval that did not specify a time frame for submission. I would agree that all is required is the approval from the pipeline company and if this is truly an issue draw up some revisions to your governing documents.

I would also make sure this homeowner is making the changes according to the original plan. .

Thanks everyone. I did let him know that we do need the approval from the pipeline company. Also, in looking at his original application and schematic, he states he's moving the fence six feet, but the drawing shows it being moved over 30 feet - we have requested clarification as well as approval from the pipeline company. And I believe we will be posting a new regulation stipulating that work needs to be done within a reasonable period - like 6 months.

We aren't really concerned about the fence itself - but the pipeline company is VERY strict about the easement - I would hate to see him move the fence without getting their approval first - they will make him take it down, and fencing is very expensive.

Sounds like an issue between the owner and the pipeline company. He has legal documents from the county. They claim the documents are in error. Well, I suspect those documents are legal right up until they're proven otherwise.

I agree...best for the HOA to spectate on this one.