ARB Problem

Started by JeffreyB • 10 replies • 2281 views

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JeffreyB (Florida)
Posts: 11

Posted:

A few years ago a member submitted a request for a landscape change. Durring that time the ARB was actually the Board as allowed in our docs. The Board did not have a chance to review the request. The homeowner then performed the work without an approval. We submitted a violation against the homeowner, but the homeowner points out that the docs specifically state that the ARB/HOA Board has 45 days to respond to a request "or the request will be considered approved". Unfournately it had been several months before we got around to reviewing the request so we were well past the 45 day period. We want the homeowner to change back his landscaping, but he has invested thousands of dollars into it and wants us to pay for it even though he never recieved an approval. We know we messed up with the 45 day rule, but we don't always meet every 45 days. The homeowner has reciepts that the work he performed was several months before we sent the violation letter. And the HOA Docs do state that the 45 day rule is correct. Now we can't even find the original request the homeowner submitted because it has been misplaced. The homeowner's are upset with us that we "allowed" this to happen, and several homeowner's have signed a petition against the homeowner who changed his landscaping. So are we stuck with his landscaping, or paying for it to be replaced?

RonaldW (South Carolina)
Posts: 901

Posted:

The board or ACC / ARB, etc. did not repond within 45 days so the owner's appliction was automatically approved. He gets to keep his landscaping. If he's willing to change it back, the cost is negotiable between the HOA and the owner. If he's not willing to change it back, he gets to keep it. Other homeowners cannot force him to change it as long as he was within the rules when he put it in.

Ron
SC

Jadedone4 (Virginia)
Posts: 495

Posted:

I agree with Ronald, the homeowner held up to his end of the agreement, and the HOA failed.

Now I would ask this... what is it about the altered landscaping that is causing such an issue for the other members/owners?

Does the altered landscaping clash that much with the other owner's property?

Are there ways to (possibly) "incorporate" the altered landscaping into the community's landscaping personality?

Is the owner willing to allow the HOA to change it back, at NO cost to him?

After this situation, what steps has the HOA taken to assure that "ARB" applications are properly and timely addressed?

LakoH1 (West Virginia)
Posts: 9

Posted:

I agree the Homeowner followed the rules. Does the HOA or any other homeowner have money to spare to change the landscpaing back to where it was? I think the HOA has better things to do with the money. I know I would be mad finding out that HOA used money to change back someone's landscaping because the HOA did not respond within the time limit.

The HOA is causing a problem and now the request can't be found. To me it's a dead subject. I look at it, if someone wants to change their landscaping to make it more beautiful, go for it. It's better than someone not doing anything to their yard.

We have a few homes where the grass is dead or no grass at all, no flowers (it's just very plain). If they want to dig up the grass and put down sod (I could care less, they are paying for it, they want their yard to look nice). When you see a nice yard, you want yours to look nice too.

Ex. My dh takes care of our yard. We have a few spots where grass won't grow. The guy across the street, his yard is mostly bare with a few weed & grassy spots. That couple was outside the other day and we heard the wife say, why can't our yard look like theirs? The next day, the guy was cutting, watering and weeding his yard, with is wife having a close eye on him.

This was JMO.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By JeffreyB on 06/15/2007 2:47 PM
So are we stuck with his landscaping, or paying for it to be replaced?

Yes. And the Board needs to appoint an architectural review committee.

RonaldW (South Carolina)
Posts: 901

Posted:

This situation underscores the necessity of taking the job of board or ACC/ARB member seriously. By not getting around to reviewing the request, you in effect, "approved" it.

Not only must you allow this homeowner to keep his landscaping, if another homeowner applies for simmilar landscaping and you deny the request, he has a good case to appeal the denial based on the fact that this type of landscaping is consisient with the neighborhood and was approved in the past.

Your only chance of forcing him to remove the landscaping and return the lot to its original condition is if this landscaping violates a portion of the CC&Rs such as blocking the view at intersections or causing water runoff onto neighboring properties.

Ron
SC

JoeW1 (New York)
Posts: 728

Posted:

Posted By RonaldW on 06/16/2007 5:19 AM
if another homeowner applies for simmilar landscaping and you deny the request, he has a good case to appeal the denial based on the fact that this type of landscaping is consisient with the neighborhood and was approved in the past.

Respectfully disagree. I do not believe the Board is bound to officially approve a similar landscape request just because they screwed up on a previous request. The owner with the new landscape request, and all owners, if anything are being protected by the Board's due diligence and lessons learned from their past mistakes.

If the landscape principles that were used on either request, new or old, are poor and will cause damage to the common elements, the Board must dissaprove the new request and seek an amicable method to correct the old one.

What the residents should do is petition the Board President to hold a special meeting of owners to amend the By-law so it states that if the Board doesn't respond to a landscape request within 30 days the resquest is considered denied.

RonaldW (South Carolina)
Posts: 901

Posted:

If the owner's application is denied and his appeal is denied, he may well take the case to court and win. Myself, I wouldn't do this, but each neighborhood has at least one troublemaker with legal connections who likes to throw his weight around. We have two.

Ron
SC

PaulM (Pennsylvania)
Posts: 1,347

Posted:

JeffreyB:
- The landscape change was submitted 'a few years ago'...
- The Board/ARB was remiss in not denying/approving within 45 days therefore
the request was 'approved'
- The original request from 'a few years ago' cannot be found
- Other residents are 'upset' that the Board allowed the landscaping and have signed a petition against the homeowner

The homeowner paid 'thousands of dollars' for the landscaping...I would hope he received something beautiful for his money.

The homeowners have to understand it was the Board/ARB's inefficiency which decided that this homeowner's landscaping should stand. And this is the CC&R in action...!!!. It is not the homeowner's fault in any way and other residents must acknowledge exactly where the communication broke down.

It would be more than foolish for residents and Board/ARC to now use assn. funds to change the new landscaping back. You would be adding to the problem of not assuming your role for the good of the community. You also have to understand state law with regard to encroaching on another's area without permission...wouldn't hold up in court.

Learn from it, and move on. I cannot believe the landscaping is 'ugly' and a detriment to the community. It may be that it will allow others to be creative with their own landscaping provided they and the Board be responsible in following the correct procedure. Let us know the outcome.

DanaB1 (Connecticut)
Posts: 319

Posted:

"We want the homeowner to change back his landscaping, but he has invested thousands of dollars into it and wants us to pay for it even though he never recieved an approval."

Do you mean he wants you to pay to change the landscaping back to the original condition? Or do you mean he wants you to pay for the changes he did?

JM2 (Oregon)
Posts: 439

Posted:

Hi LakoH:

If there are spots where the grass won't grow, you may have construction debris below the surface. I managed one association where the developer's landscaper never cleaned out debris, added no topsoil, just smoothed the ground and laid out sod. The good looking yards were the ones where the owners went in and cleaned out chunks of wood, concrete, areas of gravel, etc. and put in a decent yard. One of our board members documented all the stuff he pulled out...

Regarding the original post about the landscape project, automatic approval in the documents means that you're stuck with the landscape. If it's an eyesore, you might want to suggest some possible improvement that the ARB would approve... and regarding the application, I bet he has his original, ask him for a copy and offer to pay the copy costs.

J. Patrick Moore, CMCA

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