revamping HOA, appeal process

I would like to revamp my HOA/BOD policies. Here are the list of suggestions I have so far.

1) Change the neighbors approval policy to informing the neighbor of a proposed change. The burden of proof should be on the neighbor objecting to the request. The neighbor objecting to the request should have to reply to the BOD in writing within a specified timeframe. Also, the objections should
have merit and not be frivolous.
2) A resident should not be denied a request based on an undisclosed objection. The BOD has to disclose the objections to the resident requesting the
change. If the objections have merit then all parties should be given the opportunity to discuss the objections.
3) Create an appeals process.
4) Incorporate using a architectural board.
5) If the BOD wants to adopt a policy then the residents have to vote to approve it. Also, the BOD has to inform the residents of this new policy and current policies. Old and new policies need to be documented.
6) Make sure the BOD and the residents actions are consistent, transparent and they are accountable for their actions.

I look forward to the HOATalk community input. I am especially interested in hearing about appeal process' of other HOAs. My HOA does not have an appeal process.

Thanks in advance for your help and input!

Todd, a lot of what's on your list is already required by most HOA governing documents and individual state laws. Start with your HOA's governing documents and you may find they already call for those things (except for #1). You might be in a situation where everything else should be happening, but is not due to an inactive or apathetic board.

This is the same Todd that is not being allowed to widen part of his driveway due to adjoining neighbors have the right of refusal and they do not have to say why. I believe the BOD is following its established rules and Todd does not like that. The answer is to get the rule(s) changed.

Todd,

This is what we have (and you might have a better chance at getting these changes):

1) Architectural changes: Anything other then windows, doors and minor landscape changes (trees are major changes) requires signatures from neighbors. The neighbor isn't approving or disapproving, simply stating that they are now aware of the issue (typically if there is an objection, the member finds out then).

The Architectural Committee (a committee of three appointed by the Board) reviews applications and approves/disapproves based on governing documents.

A member has the right to appeal any denial to the Board.

2) Policy Adoption: Policy Resolutions or amendments to policy resolutions follow this process:

a) proposed resolution is given to the Board who has 10 days or more to review
b) Board makes changes and agrees to bring to membership for review
c) Proposed draft is published to the membership who has 10-60 days to review
d) Meeting of members is called (or combined with annual meeting) for the membership to provide feedback to the draft resolution.
e) Board makes changes based on feedback.
f) Board votes on propsed resolution
g) Adopted resolution is published to membership (hard copy sent to each member)

3) Membership has ability to repeal or amend any resolution This is done by State statute. See VA § 55-513 which states:

A majority of votes cast, in person or by proxy, at a meeting convened in accordance with the provisions of the association's bylaws and called for that purpose shall repeal or amend any rule or regulation adopted by the board of directors.

Note: This is interpreted as the members must call for the meeting to repeal the resolution. The Board is not required to hold the resolution to a membership vote unless the members call for a membership meeting for that purpose.

Thanks for replying. That is why I am asking. The current BOD is not good.

Thanks for replying. Unfortunately the BOD policy of getting the neighbors approval is not in the covenants. It is just an undocumented policy that the BOD has adopted.

Yes it is the same Todd and no it is not an established rule. It is an undocumented policy that the BOD has adopted. I am trying to work within the process to change a very illogical policy. I do not believe anyone would want to have to get a neighbors approval for a change they want to make.

The BOD or an Architectural board should be the only ones who approve or reject requested changes.

From the HOATalk replies I have gotten it seems normal practice that a neighbor should be informed. My current HOA does not have that policy of notifying the neighbor. It is kind of ironic they skipped right over notifying the neighbor to having to get their approval. It is just not a sound policy.

The BOD made this policy out of thin air so they did not have to deal with a resident wanting to make a change on their property when it is in an easement. A BOD member stated this to me.