Recinding an ACC document

We do not have an ACC so the Board approves/disapproves architectural requests.. Several months ago a request from a homeowner adding an additional structure on his property was turned down. Since that time he made a concentrated effort to remove the Board members who voted against him, and replace them with friends. He and several of his friends are now on the Board.As a result of the change they introduced the Acc request again. Based on the Board makeup the resolution will pass. Don't they have to recind the original request? Isn't there a formal process they have to gothrough? What is the procedure?....Denniso

The original request is dead once it was turned down. What is there to "recind?" This is a new request to a new board. I doubt your documents will address re-submitting a previously denied ACC request to a new board. Are you trying to say that once a submittal is denied, it can never be submitted again?
However, if this request had been approved by the former board, a new board cannot come along and disallow it.

Hi Dennis:

The question I would have is, why was the former request turned down? To simply say no without any type of explanation might not be the most sensible approach. It may have made more sense if the ACC/(Board) would have said something like, "this is larger than the covenants allow," or, "The style doesn't fit with our community; here are some things that could be changed," or, "This is too close to the property line and does not conform to the setbacks."

The problem now, since he has his "friends" on the board, is that the Board might approve something that should not be approved, which then puts the board is a position of possible liability, should another homeowner decide to sue to enforce the covenants.

If the previous board had no good reason not to approve, then the project should be (and should have been) approved.

There are times when it is helpful to have an architect as a consultant to the ACC to give professional feedback.

J. Patrick Moore, CMCA