Patio Replacement in Limited Common Area

I live in a HOA community of 124 single and duplex homes in Utah. A little over two years ago when I moved in I submitted a request to have the patio in the limited common area behind me replaced. The then president came and looked at and told me that HOA would not replace it. Since this time I have watched them replace at least 6-7 patios. I’ve read the CC&R’s and its clear that its the HOA’s responsibility to maintain and replace damaged cement in the community. My next door neighbor moved in a year ago and hers was replaced less than two months after she moved in. She agreed to pay for the patio if they would remove her old one. Over the last year I have had two different sit down conversations with one of the Board members where he told me that my patio would be replace. About 2 months ago there was a crew in the neighborhood and they replaced 3 without a word about mine. Last month while out of town the board announced to the members of the community that they would not replace anymore cement. After I found out about this announcement I again ask this same Board member about replacing my patio and he told me I would be grandfathered in. When I emailed him for details he said he miss spoke.

Our Governing Document is clear about this issue and that the members would have to have a 2/3 vote in order to change the document. How should I deal with this problem?

Mike

Talking to board members is ok, but as you can see, when it comes to repairs that are the association's responsibility, you need to get stuff in writing.

Is it possible there's a money issue (cement ain't cheap)? Check your budget and then talk to the board - all of them - at a meeting. Since one lady said she'd pay for her patio if the association removed the old one, would you be willing to do this? If so, propose that to the board (maybe that's how the other patios were replaced - talk to your neighbors to find out).

Can you cite the exact wording of your CC&Rs about replacing limited common area cement? Thank you.

Like Sheila suggests, you need to get any promises from members of the board in writing. On many boards, directors vote on matters like this. Or an architectural committee might have the authority to decide.

You sent a written request to the Board? But you didn't get a reply in writing, only the remarks of the Prez.

If you're certain about the wording of your CC&Rs, send another polite request citing the CC&R article and section number. Request a response in writing from the Board. Also request in writing a copy of the minutes when "the board" announced your HOA would replace no more cement.

And also as suggested, attend an open meeting (if held in UT) and ask why certain patios are replaced and not yours.