eradict and inconsistent policies

I am the original owner of my house. I had it built by developer, Whittaker Construction, around 20 years ago.

I recently sent 2 request to the BOD for adding a pad adjoining my existing driveway. They have rejected both request
because I did not get approval from my neighbor since the pad will be in MY easement. The BOD recently verbally
created a policy that if it a pad is YOUR easement you have to get the neighbors approval. The policy is not documented
or in the convenants. The BOD has never submitted this policy to the residents to amend the convenants.

The easement is for the benefit of the utility companies and the city. I have gotten a permit from the city and approval from utility companies.
Also, before I submitted the request to the BOD I got my neighbors input on the pad. The husband has twice has twice said since it is on my property
he did not have an issue with me putting in a small pad. After I submitted the request to the BOD though my neighbor will not
approve the request. I have tried addressing my neighbors concerns but his wife seems to not me to add a pad
of any size.

The neighbors on both sides of me, the neighbor rejecting my request and my other neighbor both have pads that are in the easement.
Neither of them had to get a neighbors approval since it was before the BOD adopted this policy. Also, there are 15 other residents with pads.

I spoke to a lawyer but if I take the BOD to court it would cost around $5000. It is not cost effective to take the BOD
to court. I do not feel the BODs policy of getting a neighbors approval is legal since it has not been added to the covenants.
Also, I feel I should be grandfathered into the old policy since I have been here 20 years. It is a timing issue, I could have
put in a pad before the BOD adopted this policy of getting the neighbors approval when a pad is in your easement.

I would really appreciate any help the HOATalk community can give me.

Thanks Sheila. I have explained to the board why I want the pad. Also, I have talked with the neighbors several times.
My truck can not fit in my garage well with my wife's mini van. Also it would be very hard for my wife to back out
of the garage if my truck is parked in the driveway. We have 4 vehicles, my wife's minivan, my daughters car, my son's
car and my F150 pick up truck. My daughter parks her smaller car in the driveway so my wife can get in and out of the
garage.

I currently have to park my truck on the street. I have to load and unload my truck frequently which is more difficult
with my daughters car in the way. It is either do it this way or have 3 of our cars on the street. Which by the way
would be blocking my neighbors driveway that will not approve my request to the BOD.

I just want a 3 foot wide pad/strip so I can park my truck in the driveway and make it easier to load and unload my truck.

The neighbor said they are concerned about how it will effect their property value. I think they are unhappy they have
such a small front and back yard. That is part of the problem though, I keep trying to address their concerns and talk
with them but they keep creating obstacles instead of telling me what they are ok with.

So my third request is for a 3 foot pad/strip. I gave all my paperwork to the neighbor for their review. The BOD will
not review my third request without me first getting my neighbors approval.

Property values? Interesting how people say this, but when pressed for details, they can’t come up with even a plausible explanation as to why they think their property values will be hurt – in this case, they may be concerned that anyone looking at their home will pass it by because, as you said, their front and back yard are too small (apparently, they can’t or won’t put their own pad in). I suspect that’s the real reason they’re resisting, especially since you said having 3 cars on the street would then block their driveway. Or perhaps they’re concerned that the 4 cars you currently have could morph into 6 or more, some of them junky, others parked on the lawn, etc.

Since you are the original owner, has the parking issue come up with these people before? If so, how was that handled – if it didn’t end well in their favor, this could be their payback.

As for your Board, I agree with ND that it should be the only ones who approve or disprove exterior change requests, but in my HOA, we don’t require that the neighbors be informed, although we’re a townhouse community (given all of our issues with off and on-site owners, that would create WAAY too many problems!) This Board probably came up with this neighbor approval thing when people wanted to put in something else and got mad with the Board’s decision and/or their neighbors, so it was easier for the homeowners to duke it out among themselves.

However, if they didn’t write anything down, I’d double-check the minutes of previous meetings to see if it was ever mentioned – if not, I think you would have a good chance of getting your pad, although it may take an arbitrator or a judge to do it. You may want to write a letter explaining your position and asking for a formal appeal – and that these neighbors be asked to attend so they can explain their objections. If they still say no, I’d look into the arbitration or perhaps have your attorney send a letter – not to threaten anyone (yet!) but strongly urge that they reconsider your request and do it right this time.

I admit that I didn't read all of this very carefully, Todd, so my question already might be in your remarks:

Is it a written board policy that neighbors must APPROVE such requests? What or which HOA document is it written in? What are the exact words? You don't have to pay a lawyer to read your documents.

One solution might be that your wife get rid of her mini van. Perhaps it was purchased when your kids were younger & didn't drive.

To be honest, I wouldn't want a truck parked next to my lot on a daily basis...

It's a utility easement, not a neighbor easement. The utilities have rights in the property - your neighbor doesn't. You've cleared it with the utility company. IMO, the HOA has no authority to grant rights in your property to your neighbor.

I agree that notifying your neighbor is the right thing to do. I also agree that if your neighbor has an objection, she should have the ability to voice her opinion to the HOA. But there is no basis for giving her veto power over your decision to make changes to your property.

It could be that she just doesn't like you or she has a grudge over something that happened 5 years ago. You should not be placed at her mercy.

IMO, your board hasn't thought through these implications sufficiently.

I especially don't like the part where you are forced to go hat in hand to your neighbor and wait for her to decide whether to respond to your requests.

What I think your HOA should do is:
1. Require you to notify your neighbor; and
2. If your neighbor objects require your neighbor to put that objection in writing within X days.

Allowing your neighbor to control by taking no action whatsoever is incredibly shortsighted and a clear violation of your rights in your own property.

Requiring your neighbor to take some action in a reasonable time frame if she objects shifts the burden from you to her - which is where it should be. If she has an objection, let her go to the effort of stating it clearly in writing - and then the HOA would have the two perspectives to review before reaching a thoughtful decision. More likely than not, she won't go to the bother of putting a formal objection in writing.

When you get tired of waiting for your neighbor - you should look into calling a special meeting of the homeowners to discuss this change in policy. Check your docs to see how many signatures you need to demand a special meeting.

IMO, this is the kind of issue that should be fairly easy to gather support over.

The neighbor did reply to the BOD with their objections. The BOD did not share the neighbors response with me.
The just took the neighbors suggestions and rejected my 1st and 2nd request using my neighbors suggestions.

You should not be denied based on an undisclosed objection. Add this to your list of changes to the current practices.

ND Delaware,

Thanks for your input. I have reviewed the covenants and the BOD power are vague. That is the problem. The one board member I have been talking to
repeatedly states the BOD has the power to approve or reject all changes.

In the covenants it states the BOD has the power to "to determine the policies of the Association". Also it states the BOD has the power to "consider and approve or reject any and all plans and specifications (except those of Developer) for alterations to and construction of Dwellings and improvements on the lots".

The latter is where the board member is referring to. So from the BOD perspective they have power over any and all changes. Whether their approach or perspective makes sense or not does not matter. Also, the board member has repeatedly said the city ordinances and policies do not effect the BOD. The city's approval or rejection is mutually exclusive of the BOD. and visa versa My BOD acts as if they are God, jury and executioner. They just are not qualified or seem to be able create consistent solid policies. Even their approvals have been inconsistent base on the people on the BOD at the time things are approved or rejected.

I have pleaded my case to the one board member. The problem is the other two board members. They are neighbors and there is no objectivity or logic.
They both just agree with each other. So effectively the board member I have been speaking with does not have much of a voice. I have thought about
the solution is to get elected to the board and getting one Larry, the irrational board member kicked off. He is operating a business in his home
that is a clear violation of the covenants.

I also thought about parking in the grass. I want to follow the rules and be a good neighbor. It is just very frustrating.

In the short term I have a solution. I will put patio stones so I can pull in my driveway to load and unload my truck.

In the long term I am documenting and plan to have the HOA incorporate the suggestions I am getting from HOATalk.

My goal is to improve the HOA. Make the BOD decisions impartial, consistent and transparent.

I am currently self employed. I rehab and rent houses. That is why I need to be able to load and unload my truck without a lot of hassle of maneuvering around my daughters car. If I had my daughter park on the street we would have 3 vehicles parked on the street. Then it would a hassle trying to park on the street.

Before I was self employed I worked in Information Technology for 22 years. The last 7 years I worked in compliance. I have led many projects and managed
people. When I set policy or provided guidance I made sure there was consistency, transparency and accountability. IMO these make for solid
lasting policies. With the current BOD all three of these are lacking or non existent.

I appreciate all the feed back. Please keep it coming. While I have experience in creating and setting policy for IT I do not have experience in creating and setting HOA policy.

Thanks again!

Todd

In the short term I have a solution. I will put patio stones so I can pull in my driveway to load and unload my truck.

Will you not need permission to do this?

it doesn't sound like a policy was adopted. I would just put in the pad.

Todd,

You don't say if you have tried talking to your neighbor or not.

If you haven't, play ignorant and approach them with a plan for them to sign off on. This way, you will likely find out the objection and perhaps work out a compromise.

Todd,

I'm interested to see/read this policy that your BOD has adopted as well as the architectural form that you're filling out. Are you able to attach an electronic version of each to a post? If not, do you want to copy and paste important excerpts? Keep in mind the posting rules for this forum and exclude the name or identifying info of your community.

It really just boggles my mind that your process operates the way you're explaining. I'm wondering if their is misinterpretation of the policy and process on either side.
If not, that's fine too.

In many cases, the BOD can reject an improvement for aesthetic concerns. In your case; however, the precedent has been set that these parking pads do not create an aesthetic concern, so I see no grounds for disapproval there. As others have said, it is completely improper to allow your neighbor the ability to reject/disapprove an improvement on property they don't own or have rights to. They may not like your improvement; however, if the improvement doesn't violate your documents, nothing they say should impact the outcome.

I'm not going to go back through this whole thread, Todd, but please do cut and paste the EXACT wording of the policy and tell us which document it comes from.