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FredS11 (Arizona)
Posts: 4
Posted:
I am on an HOA architectural committee and the other day the Board and the Arch Committee were emailed asking that everyone deny a request of a homeowner that was already being voted on. The management company said in an email that we should deny the request review the CC&R's and once its reviewed to see if this fits our guidelines that the homeowner can reapply. Is this legal? If the Homeowner found out about this is their a recourse they could take on the HOA? Below is the email that was sent.

"As this caught my attention I looked in your CC&Rs and Design Guidelines to see if this type of structure would fit the community rules and it has come to my attention the community does not have a definition of a play structure.

As your community manager, I would like to respectfully request that the Board be given an opportunity to define play structures before a door is opened in the community regarding large recreational structures that may/may not be a fit for the community. To allow me the opportunity to work with the Board on this definition I will need your disapproval of the application for this process. The application can be reviewed again when the Board has defined play structures."
RayC4 (Virginia)
Posts: 173
Posted:
Fred, for whatever reason the MC wants your BOD & ARC to enact something "ex post facto" (which I personally think is shady). But I'd be reluctant taking the MC's advice here without getting a formal legal opinion. Seems to me more complicated since the application is 'in flight' (vs. already having the structure installed).

It seems to me your job is to evaluate applications in the context of your current CCR's and ARC guidelines.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Hi Fred

If you haven't notified the HO yet, then IMO no harm no foul. Nothing wrong with reconsidering a decision based on new information.

Rather than send a denial, what's wrong with notifying the HO that their request is pending instead?

Sikubali jukumu. Read all posts at your own risk.
RichardP13 (California)
Posts: 163
Posted:
I would agree with NpS. Do a little more research, make sure all documents have been reviewed properly.Sound likes play structures are not mentioned, and they would like to have something to deny. I personally think they are writing them as they go.
KerryL1 (California)
Posts: 14,550
Posted:
Welcome to the forum, FredS.

With NpS, I think that IF your board hasn't yet notified the H/O of approval, do take your CM's advice. I think your CM is behaving very responsibly and wisely. You could open the door to all kinds of large or strange structures if you do not set some guidelines that fit your CC&Rs.
FarT (Alabama)
Posts: 14
Posted:
This is how HOAs work in many situations.

Seems like the MC is now practicing law.

The application should be dated upon receipt. If it precedes any 'new provisions' and meets the required criterion at that time then it's too late in many places.
JonD1
Posts: 2,350
Posted:
What the PM is trying to do is allow time for the board to set guidelines prior to having any decisions made or precedents set.

IMO a wise move.

Years ago those satellite dishes suddenly became popular we had no policy in place and needed one as this situation was not addressed in our documents.

We held off any rulings or permission until we researched the matter and drew up some guidelines and policy.

Smarter than opening the door before and THEN figuring it all out.

New issues might require new policies. Having a policy in place will avoid conflicts and disputes.
FredS7 (Arizona)
Posts: 927
Posted:
Title should have been "mgt company advising members to deny request."

It sounds like good advice to me.

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