ARC committee approved garage project as submitted and now hoa is threatening to ricin's decision after project is complete.

This is a long story but I will keep it short. I live in a hoa we're my lot is considerably bigger than all others "1/4 acre ". Shortly after the Newyear I started consulting with the ARC committee on building a garage in my back yard. I was initially going to build a wood building but braught up a metal building to the ARC committe which was listed as prohibited in the Architectural guidelines. The response from the ARC committee was that building materials and practice had changed a lot since 1994 and they would review it and let me know if there were any questions. There was a process that I had to follow which included having my neighbors sign off giving them 7 days to comment or contest. After jumping through all the hoops I presented the ARC with a informative plan that showed a rendering, materials ,size,placement etc and included signatures. After 3 weeks went by my application was approved in writing and over a saved voicemail. I obtained all the proper permits and engineering and proceeded with the project completing it over the next 2 months. 3 days after completing the project one of the very neighbors that signed off on the project and did not contest it is now complaining. The hoa board of directors is now preparing to take a vote on wether I need to have the building removed because they feel the ARC made a mistake approving it. Keep in mind the president of the hoa sits on the ARC committee. Do they have the authority to go back on their approval letter and make me remove a building that they approved? Keep in mind I am $20,000 out of pocket into this completed project.

We had that exact same thing happen in our development. Something was approved and shortly thereafter a neighbor complained that it should not have been approved. After a few months, it was decided that the HOA would pay to remove it and reimburse the homeowner for the expenses of his construction. It was a hotly contested few months with record turnout at the meetings.

They may be referring to your ability to hold any individual board member or all of them responsible individually (not the association), because they were acting as the association’s board of directors (who oversee the running of the association). Even so, that doesn’t stop you from filing a lawsuit against the association because it is trying to renege on its approval of your garage.

I suspect someone’s blowing smoke up your behind or trying to. As Janet said, you have an excellent chance of winning because you did everything you were asked to do, everyone had plenty of time to ask questions and object before the approval was made. I'm sure other homeowners would be plenty angry at the board's action and all of them (or whoever's spearheading all this - I suspect your president) would be tossed at the next election or perhaps sooner via a recall.

It may be worth your while to sit down with your attorney and have him or her send them a nastygram on the matter – that may be enough to shut them up. If not, wait and see what they do – personally, I'd suggest alternative dispute resolution, which may be faster and a lot cheaper (and if everything is as you say, you'll still win). If the board does threaten a lawsuit, tell them to bring it on, gather together your information and we’ll see how that story ends. Good luck!

Josh, based on what you wrote, case law is in your favor here. You followed the procedure for approval. You relied on this approval to spend considerable money for the improvement. From what I have seen in the case law, the HOA can only backpedal if it is willing to reimburse you your expenses for the construction; pay for the removal itself; and has a good reason for removing the structure, such as it is a blatant violation of the covenants and the ARC was clearly wrong in approving the structure.

My HOA interviewed a few attorneys recently, for potential retention as general counsel. One of them early on said something like, "Look, a HOA's job is to be fair and reasonable. If it is, then it won't have many legal problems." The other interviewees said similar. The point is, "being fair and reasonable" is the theme in case law, and a good HOA attorney knows this well.

LOL ... I would sit back also. In the meantime check your State Laws .... In Colorado any construction which supposedly does not meet CCR's if the HOA does not challenge within one year (taking the violator to court) then it is too bad so sad. Even though you really do not need a State Statute as you have too many other items in writing it will be another feather in your cap if exists.

Just remember that you probably can't recoup legal fee's for a premptive strike. So let them fine or sue you, then counter sue.

You may want a little professional advice if they decide to go after you.