HOA president acting inappropriately

I'm a fairly new resident to my subdivision. My wife and I contacted the HOA before even purchasing the house. We wished to build an attached garage and after many emails back and forth were given approval in principal to proceed if we purchased. That was a year ago and we purchased the house the week we received that information.

Now, I have been in contact with the HOA and ARC about the garage build. The HOA president answers every question I ask, regardless if who I actually ask the question to. I ask the ARC members for documents/procedures/etc and I get a letter/call/meeting from the HOA president.

I submitted plans for the garage a few months ago. I was immediately told "no", that the garage was different that what was approved in principal. The HOA president and I disagree on this point, but that's old news. He at one point told me my build would not be considered until I filed an ARC application. After the 4th time asking for the application, I was finally provided with one. It refers to an "ACC", we have an "ARC". It is titled "Trustee/Board approval", not ARC application.

I filled out the application and provided all the documents to the ARC members. Our Declarations list the steps for the following process. The application is given to the ARC members. The ARC members have 15 business days to have a meeting, which I'm allowed to attend, as well as other residents. If the application is not approved or denied within 15 business days, by the ARC members, it is deemed approved. If it's denied, I'm allowed 10 days to appeal to the Board...etc.

On the 14 business day, I received a "denied" application in the mail. It is signed by the Board president and no one else. I've spoken to a lawyer already and I've been told to proceed with construction as the Board president is not in a position to approve/deny unless I appealed to the Board.

I provided the ARC members, as well as the Board president, a letter from my lawyer stating that I was going to proceed with construction given the process was not followed as spelled out in the Declarations. When I delivered the letter to the Board president, he was very confrontational. He asked to talk, which I agreed, and he began to mentioned details about the garage detail drawings. I completed the drawings myself (I'm an engineer) and he was making false statements about features on the garage (oversized garage doors in the rear, there is no garage door in the rear). My ARC application was delivered with plans, but I did not deliver those plans to him, only the ARC members. He even called the other Board members and told them about these false features and all the Board members agreed to deny the application. I began to question the procedures, getting the Board involved, not having the meeting, not getting approval/denial from the ARC and the Board president got irate. I began to walk away, saying I was going to proceed with construction, and I was sorry that we ended up this way. He told me that if I break ground, he would sue me. As I continued to walk away, he began yelling "You're being an asshole, You're being an asshole...." It continued long enough that I was walking past his neighbors house and he was still yelling...

He also has been to my house where we had a meeting early on, before I sent the application. I brought up the fact that he has a detached garage and the Declarations specifically state that no detached garages are allowed. He stood up, yelled "This is f**king b*lls*hit", then proceeded to slam my front door as he stormed out of my house.

I brought up these things to another board member, and this is apparently not the first altercation that out Board president has been involved in with resident/other board members. It's to the point that all the Board members do whatever he says and everyone is afraid to talk to him.

I'm at a loss as to what I can do. The Board president is basically running a dictatorship and has many violations on his property, including his garage. How can I proceed?

Thank you for all the help. I realize that I already have a lawyer involved, but it's just so costly.
Shane
St. Louis Missouri subdivision.

Do your CCRs give the right to enforce the covenants to individual members as well as the board? Ours do. I'd have my attorney also send him a letter saying I intended to do just that with regard to his detached garage violation of the covenants. Then I would make it clear to him that I was committed to seeing my enforcement action through to the end regardless of what else might happen with my own garage.

If you decide to go ahead with the build, make sure that you have a building permit from the city/county. They cannot override the need for HOA approval but if the roles were reversed, the first thing I would advise the Board with a member building without approval would be to sic the authorities on them.

One realization I've come to over the years is that some people resort to strong language and general asshole-ishness when they can't rely on a factual & legal-based argument. The president is an ass and needs to be removed - no wonder your HOA can't fill positions.

You have your attorney's opinion. That's your due diligence in ensuring the work is legit.

very true.

It also means that you may end up saying something or agreeing to something that can lessen or increase your chances of winning in court.