Exclusive Use Common Area Dilemma

The update to Civid Code 4775 (http://www.davis-stirling.com/Main-Index/Statutes/Civil-Code-4775) that took effect on January 1, 2017, transfers ownership of “exclusive user common areas (EUCA)” from the HOA to the homeowner. I have a dilemma as to what the Architectural Committee can approve and what authority we can use when asking the homeowner to “return the unit to its original condition” when remodeling the the former EUCA.”

History
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Recently a new owner of a 3 bedroom upstairs unit relocated the “crawl space entrance” from the “walk-in closet” to “laundry room” He also open up a an exiting “coat closet” to allow a pulldown stairs to the attic from the “laundry room” to have access from the hallway. In the attic he reinforced the flooring, installed insulation and drywall, install recess lighting, rerouted/replaced ductwork and install new electrical receptacles. He also pieced to outside perimeter with new dryer vent duct and vent ducts around the existing attic louver vents to improve the efficiency to outside world. This attic space is about 200 square feet and one can easily stand up in it. He intends to put attic fans over the attic louver vents to make the space cooler.

Code Enforcement
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Non of this work was accomplished with City permits or permission of the HOA Architectural Committee. We stop this work by Code enforcement, where City Code (http://harbourvistanews.com/PlanningRemodeling/PDF/useOfAtticSpace.pdf) specifically applies for attic spaces. The drywall will have to be removed, floors must remain unfinished, only one light is allowed. The City levied additional fees because work was performed without permits. IT should be noted that the work was top rated and the owner is intending to make this unit a rental.

Architectural Committee
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At the Architectural Committee Meeting, we approved the remodeling as long as he meets City code. We even approved the the piercing to the outside walls if he painted them. But we asked him to put the “attic crawl space entrance” back to the “walk in closet”. I feel returning the “crawl space entrance” to its original condition is “Arbitrary and Conspicuous” and the Architectural committee need to retract this. The Committee’s reason is to make it difficult for a resident to access the attic. I do not think this is on solid ground as a reason. Being the spokesperson for the Architectural Committee, this is a difficult place to be in without appearing heavy handed.

Have any of you share your experiences with a similar issue and any advice would be appreciated?

JanetB2

Go to http://harbourvistanews.com/CCandRs/page25.html#SECT8.05 Section 8.05 Check the index also for other related material.

JanetB2

There is overkill in this case. If the person is notching or piercing a beam, yes a structural engineering analysis is required. And the City would request that. I this case it is waved. But it is a interesting point. All this person is doing is putting in an exhaust vent. See the white and and unfinished areas in the photo. If the attachment does not work, go to

http://harbourvistanews.com/piercedVenting.png