ARC Guideline and Precedence

Have you submitted a request for a 20c20 deck and been denied?

There is a precedent only if that's what's decided by your board, or a judge. Since neither of these has happened yet, it's up in the air.

Your docs probably allow your board to make exceptions. There is no rule about when a certain number of exceptions negate a rule. In fact, most docs say that the failure to enforce a rule does not eliminate that rule.

If you are against it, then write a memo to the board saying that you want the rule enforced. See what happens.

Thanks first.

I did write letters to HOA Board and HOA management company about this, it did not change.

I wonder if filing complaints to BBB or state and federal agencies works will help?

Mary,

The authority to approve any size deck is likely from your CC&Rs which likely require Association approval of exterior changes.

Guidelines are adopted by the Board to help standardize approvals/disapprovals.
Since these guidelines are adopted by the Board they may be changed or waived as well.

It's not recommended that Boards waive guidelines. It's best to simply amend an existing guideline (vs. a waiver).

Not a chance

This is because your governing documents and applicable laws are considered civil contracts and civil laws (vs. criminal). The State enforces criminal laws. Civil laws are enforced by the parties involved (either through compromise, rewriting of the documents or taking the issue to a third party to make a ruling (aka the courts)).

The BBB has zero power other then making a rating system of business so buyers (if they check) will be aware of any issues reported to the BBB. The BBB will often act as an intermediary for the parties involved to reach a compromise. However, neither side is required to work with the BBB.

I'm sure my take on this is probably different than most posting here, but in my view there had to be a documented reason why a 20' x 20' balcony was permitted. Was this balcony that does not meet your current guidelines permitted by the developer? If so, why? If not, then who approved it? ARC Committee? A previous board?

If approved by the developer, the developer essentially established a precedent that 20' x 20' balconies are permitted. Anyone can now have them.

If approved by an ARC Committee or board, then there had should have been a good, documented reason for not complying with the current guidelines, especially when others are supposedly held to the 16' x 16' standard. What was the reason for granting a waiver, if in fact a waiver was granted? The reason should not be "Frank and Claire are friends of ours and we wanted to do them a favor".

Many board members that post on this site believe that boards can do almost anything they wish, pass or approve whatever they like based on nothing more than sometimes who they like. I personally think poor record keeping does nothing more than set HOAs up for expensive legal battles everyone will end up paying for, and the association will probably lose.

The argument that guidelines do not have to be universally enforced is misguided. Waivers to guidelines can be granted for valid reasons, but the waiver has to be reasonable under the circumstances and documented to hold any weight in court in my view.

Find out "why" the 20' x 20' balcony exists, who approved it, and then you can determine how to proceed. But if you find a past board simply approved it with no documented reason, I'm of the opinion the door is now open for anyone to have a 20' x 20' balcony.

If there is no documentation anywhere for approval of a 20' x 20' balcony, that is a problem. You might have to try building permits or city records to find information.

Kerry, Sorry Misspell.

And if there are 11 homes with 20x20 decks and no record of approval, no record of violation enforcement and I come along and request a 20x20 deck and get denied?