JL6 (California)
Posts: 16
Posts: 16
Posted:
I have been planning a remodel of my condominium for over a month now, and it requires approval from the board. I have sent numerous emails to the HOA manager, and she failed to respond in time because of issues with another condominium complex, leading to my remodel not being voted on. Here is specifically what happened:
The meeting was at 6PM on the 27th of April. I first asked on the 17th of April what was required for the renovation. After a few days of no response, I sent another email on the 21st asking what was required. After more days of no response, I went and asked a few neighbors what they had submitted to get work done. I submitted all the information required via email on the 24th, and did not get a response. On the 25th, I received a call from the HOA manager saying she would get back to me by noon on the 27th, or for me to call her back if I hadn't heard from her. I didn't hear from her, so I called her numerous times, but she didn't pick up. When the meeting started at 6PM, the board said my remodel wasn't on the agenda. The board refused to vote to approve my remodel until next month's meeting, and I am possibly going to lose a month's worth of rent ($3500) because of it.
After some research, I found this in the CC&Rs:
The association shall make a decision approving or denying an alteration application at the next regularly scheduled Board meeting that occurs after receipt of all materials required or requested by the assocation, and it shall notify the applicant in writing of its decision within ten (10) days thereafter.
Also, there was a single document that the HOA manager had not asked for that is required. When I asked for everything she needed to go ahead with the remodel, she did not tell me she needed that form. I did provide all other documents requested by the the manager. Since I submitted all documents before the meeting, doesn't that mean the HOA failed to complete their duty by voting in the meeting?
Do I have legal recourse to start my remodel? Should I contact the HOA's legal representation if they still refuse to let me remodel until they vote on it? What are my other options? Thanks so much!
The meeting was at 6PM on the 27th of April. I first asked on the 17th of April what was required for the renovation. After a few days of no response, I sent another email on the 21st asking what was required. After more days of no response, I went and asked a few neighbors what they had submitted to get work done. I submitted all the information required via email on the 24th, and did not get a response. On the 25th, I received a call from the HOA manager saying she would get back to me by noon on the 27th, or for me to call her back if I hadn't heard from her. I didn't hear from her, so I called her numerous times, but she didn't pick up. When the meeting started at 6PM, the board said my remodel wasn't on the agenda. The board refused to vote to approve my remodel until next month's meeting, and I am possibly going to lose a month's worth of rent ($3500) because of it.
After some research, I found this in the CC&Rs:
The association shall make a decision approving or denying an alteration application at the next regularly scheduled Board meeting that occurs after receipt of all materials required or requested by the assocation, and it shall notify the applicant in writing of its decision within ten (10) days thereafter.
Also, there was a single document that the HOA manager had not asked for that is required. When I asked for everything she needed to go ahead with the remodel, she did not tell me she needed that form. I did provide all other documents requested by the the manager. Since I submitted all documents before the meeting, doesn't that mean the HOA failed to complete their duty by voting in the meeting?
Do I have legal recourse to start my remodel? Should I contact the HOA's legal representation if they still refuse to let me remodel until they vote on it? What are my other options? Thanks so much!