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DebbieD3 (Arizona)
Posts: 2
Posted:
We are in a new HOA community and I am now on the board. Recently we put in for approval to replace our front door (painted same color - just had glass inserts). We received an approval that it was approved by the architectural committee, then 10 days later we received a denial that they changed their mind. Is this legal? We paid almost $1000 for this door and do not want to take it down! Any suggestions? I'm in Arizona if that helps.
MarkM31 (Washington)
Posts: 351
Posted:
Show them the approval, and tell them to pound sand. Removal of the door due to their error will cost them every single cent you spent on that door, including gas to go look at it at Home Depot and air time on your phone. See what they say then.
LarryB13 (Arizona)
Posts: 4,099
Posted:
Record the original approval letter with the county recorder. That way it will never get lost.

DouglasK1 (Florida)
Posts: 2,046
Posted:
I agree with Mark, the HOA can approve or disapprove a request. The approval is legally binding and I don't see how they would have the power to rescind. Of course, that doesn't stop some idiot HOA boards/ARCs from trying to do stupid things like this. At worst, they could sue, although it seems your case would be a lot stronger than theirs and I would expect that you would prevail.

Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posted:
First, I hope all of this (the request and the approval) was in writing. If it was verbal, then there is the issue of you and they misunderstanding what was said.

Although I agree with what Mark is saying, using that approach will likely put everyone on the defensive.

I would recommend that you approach the Board and tell them that you are not sure of the procedures that may have been violated that is causing this reaction. You had properly requested approval and, after the work is done, being told that the approval is withdrawn. Explain that you are certainly willing to comply with the Assocaitions request once the issue of how you will be recovering the damages you incurred due to the actions of the Association. Then wait for their response.

While waiting, start interviewing attorneys as this issue may still end up before a court or in mediation/arbitration.
DebbieD3 (Arizona)
Posts: 2
Posted:
Thank you all for your input. We do have everything in writing, including their signed approval (and later signed denial). I just wanted to make sure I wasn't crazy and they had the right to do this.
NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By DebbieD3 on 06/21/2016 2:24 PM
Thank you all for your input. We do have everything in writing, including their signed approval (and later signed denial). I just wanted to make sure I wasn't crazy and they had the right to do this.

The question is: "What happened between the approval and the reversal?"
If you went out and bought the door and had it installed, then you had every right to rely on the approval.
However, if you didn't buy til after they reversed, then it's on you because you knew of the reversal before you bought.

Sikubali jukumu. Read all posts at your own risk.
DoryR1 (Arizona)
Posts: 7
Posted:
If you have already bought and installed the door before knowing about the retraction (which happens a lot of times I tell you) then you can use the approval document as your trump card, but if it's the other way around then you can't do anything about it except for asking the HOA to approve your request again so that you can use the door, which can be quite hard because as you've mentioned, you are new to the community.

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