Architectural Request No Reponse

JulieN1 (California)
Posts: 13

Posted:

I submitted an architectural request for window frame replacement to my HOA mgmt company on March 17 . I rec'd and answered additional questions the board had for me up until April 19. Any communication I have with the board is through the mgmt company's AA. After 60 days of silence, I asked for updates and she keeps telling me she's emailed the board and they haven't gotten back to her. I also asked her what's the maximum time the board has to respond to my request and she said "there is an estimate time of 45-60 days but a Board of Directors may take a longer period of time to arrive at a decision." However, I live in CA and under the Davis-Stirling Act (§4765), the CC&Rs are required to state a maximum time. I relayed this to her and have not rec'd a response.

I got a copy of my HOA's CC&Rs from my title company since my HOA was going to charge me $100 for one. It's dated 1980 and does not comply with §4765. I wasn't sure if the title's company had the most current CC&R so I asked the HOA apt manager when the most current C&Rs was dated and he responds to me, "We don't have time for that." So this is the type of people I'm dealing with...

Any advice to speed up my architectural request would be appreciated.

MichaelB44 (California)
Posts: 33

Posted:

Our CC&Rs are date 1983 and they state the maximum time is 30 days. I'm not sure why yours don't, but it doesn't seem like it's hinging on the date. The board member and president of our association pulled a manilla folder out and handed me a folder titled, "CC&Rs" but they were the bylaws. I told him they were different and he said, well that's what we got!

Anyway, I got a copy from the county, digitized them, and now everyone has them. I'm surprised your title company gave them to you because I think they consider them their property after escrow. I think they have to send them to you during disclosure but not certain after that. Anyway, you've got them and if you want to check for the latest version they should be filed with the county records department. That's where we got ours from since no one around had a copy or had even heard of them.

RichardP13 (California)
Posts: 3,868

Posted:

There is no statue in California that spells out the time limit ONLY that they must be in either the CCRs or the Rules and Regulations.

NigelB (Texas)
Posts: 254

Posted:

Quote:

Posted By JulieN1 on 06/16/2017 3:22 PM
I submitted an architectural request for window frame replacement to my HOA mgmt company on March 17 . I rec'd and answered additional questions the board had for me up until April 19. Any communication I have with the board is through the mgmt company's AA. After 60 days of silence, I asked for updates and she keeps telling me she's emailed the board and they haven't gotten back to her. I also asked her what's the maximum time the board has to respond to my request and she said "there is an estimate time of 45-60 days but a Board of Directors may take a longer period of time to arrive at a decision." However, I live in CA and under the Davis-Stirling Act (§4765), the CC&Rs are required to state a maximum time. I relayed this to her and have not rec'd a response.

I got a copy of my HOA's CC&Rs from my title company since my HOA was going to charge me $100 for one. It's dated 1980 and does not comply with §4765. I wasn't sure if the title's company had the most current CC&R so I asked the HOA apt manager when the most current C&Rs was dated and he responds to me, "We don't have time for that." So this is the type of people I'm dealing with...

Any advice to speed up my architectural request would be appreciated.

Does your HOA have any Architectural Guidelines and Regulations in addition to the CC$R? Our published guidelines have the following provision:

"In the event the ARC falls to indicate its approval or disapproval within the thirty (30) days after receipt of a completed application, including receipt of all required documents, then the approval process and the related covenants set out In the Declaration shall be deemed to have been fully satisfied, provided that the proposed improvements are in general harmony with the scheme and aesthetics of the development as set forth In the Declaration and these ARC Guidelines and do not violate any of the covenants."

JulieN1 (California)
Posts: 13

Posted:

Unfortunately, I'm going through all this for my parents who have no idea about CC&Rs and where it is even if the did receive it during closing (~5 years ago). According to the title assistant, she looked for CC&Rs by searching for what was recorded at our HOA community so I'm pretty sure the copy they gave me is most current.

Our CC&Rs state: "Each Owner shall also be responsible for the maintenance and repair of the assigned Garage, Patio and Balcony/Deck, where applicable, which has the the exclusive rights to use including the interior, interior surfaces of fences and railing and any windows, and shall make repairs in such manner as shall be deemed necessary in the judgment of the Board to preserve the attractive appearance thereof and protect the value thereof."

The CC&Rs spend a lot of time talking about Common Area changes and this was the only section that I could find that mentions window replacement.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By NigelB on 06/16/2017 4:34 PM

Posted By JulieN1 on 06/16/2017 3:22 PM
I submitted an architectural request for window frame replacement to my HOA mgmt company on March 17 . I rec'd and answered additional questions the board had for me up until April 19. Any communication I have with the board is through the mgmt company's AA. After 60 days of silence, I asked for updates and she keeps telling me she's emailed the board and they haven't gotten back to her. I also asked her what's the maximum time the board has to respond to my request and she said "there is an estimate time of 45-60 days but a Board of Directors may take a longer period of time to arrive at a decision." However, I live in CA and under the Davis-Stirling Act (§4765), the CC&Rs are required to state a maximum time. I relayed this to her and have not rec'd a response.

I got a copy of my HOA's CC&Rs from my title company since my HOA was going to charge me $100 for one. It's dated 1980 and does not comply with §4765. I wasn't sure if the title's company had the most current CC&R so I asked the HOA apt manager when the most current C&Rs was dated and he responds to me, "We don't have time for that." So this is the type of people I'm dealing with...

Any advice to speed up my architectural request would be appreciated.

Does your HOA have any Architectural Guidelines and Regulations in addition to the CC$R? Our published guidelines have the following provision:

"In the event the ARC falls to indicate its approval or disapproval within the thirty (30) days after receipt of a completed application, including receipt of all required documents, then the approval process and the related covenants set out In the Declaration shall be deemed to have been fully satisfied, provided that the proposed improvements are in general harmony with the scheme and aesthetics of the development as set forth In the Declaration and these ARC Guidelines and do not violate any of the covenants."

I will have to sift through my parents' paperwork. Hopefully I can find what you're talking about it. I was hoping it was in the CC&Rs though. Thank you.

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JulieN1 on 06/16/2017 4:49 PM
Unfortunately, I'm going through all this for my parents who have no idea about CC&Rs and where it is even if the did receive it during closing (~5 years ago). According to the title assistant, she looked for CC&Rs by searching for what was recorded at our HOA community so I'm pretty sure the copy they gave me is most current.

Our CC&Rs state: "Each Owner shall also be responsible for the maintenance and repair of the assigned Garage, Patio and Balcony/Deck, where applicable, which has the the exclusive rights to use including the interior, interior surfaces of fences and railing and any windows, and shall make repairs in such manner as shall be deemed necessary in the judgment of the Board to preserve the attractive appearance thereof and protect the value thereof."

The CC&Rs spend a lot of time talking about Common Area changes and this was the only section that I could find that mentions window replacement.

Look for a section in the CCRs with the title Architectural.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By RichardP13 on 06/16/2017 4:27 PM
There is no statue in California that spells out the time limit ONLY that they must be in either the CCRs or the Rules and Regulations.

Hi yes, I'm not talking about a blanket time limit but rather a stated one in the governing docs.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By RichardP13 on 06/16/2017 4:57 PM

Posted By JulieN1 on 06/16/2017 4:49 PM
Unfortunately, I'm going through all this for my parents who have no idea about CC&Rs and where it is even if the did receive it during closing (~5 years ago). According to the title assistant, she looked for CC&Rs by searching for what was recorded at our HOA community so I'm pretty sure the copy they gave me is most current.

Our CC&Rs state: "Each Owner shall also be responsible for the maintenance and repair of the assigned Garage, Patio and Balcony/Deck, where applicable, which has the the exclusive rights to use including the interior, interior surfaces of fences and railing and any windows, and shall make repairs in such manner as shall be deemed necessary in the judgment of the Board to preserve the attractive appearance thereof and protect the value thereof."

The CC&Rs spend a lot of time talking about Common Area changes and this was the only section that I could find that mentions window replacement.

Look for a section in the CCRs with the title Architectural.

I just double checked the CC&Rs and there's no section with that title.

RichardP13 (California)
Posts: 3,868

Posted:

Do you have a paper version or electronic version?

JanetB2 (Colorado)
Posts: 4,219

Posted:

Some States such as CO if the ACC does not respond within 30 days then you are allowed to make changes as stated in your request per our State Laws. You have your past information to fall back on, so I would send the HOA a letter "Certified Return Receipt" (be sure to save your return card where they had to sign for the letter and staple to your copy of letter) and give the HOA 30 days to respond. Note your past dates and lack of responses. When they do not again respond ... I would do as I stated in my letter. After they had to sign for your letter I doubt they would pursue you ... if they did they would have a pretty high probablity of loosing that battle. By that time it will have been close to 6 months since your initial request ... I think any Judge would find that beyond reprehensible.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By RichardP13 on 06/16/2017 5:21 PM
Do you have a paper version or electronic version?

I have a pdf version.

KerryL1 (California)
Posts: 14,550

Posted:

It sounds like you're in a condo, right, Julie? In CA, condos and detached-home HOAs are treated the same under the Davis-Stirling Act. Your HOA is supposed to, by law, send every Owner a summary of its Arch. requirements annually.

In our condo HOA, Owners are responsible for repaving the glass in our windows--looks like yours too. But the HOA is respsonsible for replacing the frames. Richard has seen many more C&Rs than I have, but I haven't seen one with a specified time limit for an ARC to reply.

We do have Architectural guidelines and an Arch. committee. But it sounds like your HOA's board makes the decisions.

I'd poke around davis-stirling.com for info about architectural changes or whatever for some insights.

So far as I know, in CA, we don't have there ight to simply proceed if we don't hear back from the HOA.

JanetB2 (Colorado)
Posts: 4,219

Posted:

In CA under some court cases same as one noted here will state:

"An association that is seeking to enforce its governing documents must demonstrate that it has followed its own standards and procedures and that those procedures were fair and reasonable. The association must also show that the substantive decision was reasonable, not arbitrary or capricious, and made in good faith."

This is from a case noted in this article where an owner planted palm trees without HOA approval and the HOA sue to have them removed: http://lawforhoas.com/ResourceCenter/Download/21153~1474261. They also state:

The criteria for testing the reasonableness of an exercise of such a power by an owners association are:
(1) Whether the reason for withholding approval is rationally related to the protection, preservation or proper operation of the property and the purposes of the Association as set forth in its governing documents, and
(2) Whether the power was exercised in a fair and nondiscriminatory manner

Again, almost 6 months of NO RESPONSE to replace a stupid window frame is beyond ridiculous.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By KerryL1 on 06/18/2017 4:40 PM
It sounds like you're in a condo, right, Julie? In CA, condos and detached-home HOAs are treated the same under the Davis-Stirling Act. Your HOA is supposed to, by law, send every Owner a summary of its Arch. requirements annually.

In our condo HOA, Owners are responsible for repaving the glass in our windows--looks like yours too. But the HOA is respsonsible for replacing the frames. Richard has seen many more C&Rs than I have, but I haven't seen one with a specified time limit for an ARC to reply.

We do have Architectural guidelines and an Arch. committee. But it sounds like your HOA's board makes the decisions.

I'd poke around davis-stirling.com for info about architectural changes or whatever for some insights.

So far as I know, in CA, we don't have there ight to simply proceed if we don't hear back from the HOA.

Kerry, yes my parents are in a townhouse community. Where in the law does it say that every owner is supposed to get a summary of architectural requirements annually? I've lightly perused the Davis-Stirling Act but don't remember seeing that.

Also, it seems like your HOA is much more sophisticated or at the very least more professional than my parents'. I can't even get the HOA property manager to tell me when the latest CC&Rs was dated. He has responded "we don't have time for that" and "all this work we are doing now has to be paid by someone." I've been careful to keep all communication through email though so I can have gems those those documented.

As much as I would love to proceed b/c of lack of response, I know legally I cannot since it's not stated in our CC&Rs. Trying to look at other avenues/resources in the meantime.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By JanetB2 on 06/18/2017 9:38 PM
In CA under some court cases same as one noted here will state:

"An association that is seeking to enforce its governing documents must demonstrate that it has followed its own standards and procedures and that those procedures were fair and reasonable. The association must also show that the substantive decision was reasonable, not arbitrary or capricious, and made in good faith."

This is from a case noted in this article where an owner planted palm trees without HOA approval and the HOA sue to have them removed: http://lawforhoas.com/ResourceCenter/Download/21153~1474261. They also state:

The criteria for testing the reasonableness of an exercise of such a power by an owners association are:
(1) Whether the reason for withholding approval is rationally related to the protection, preservation or proper operation of the property and the purposes of the Association as set forth in its governing documents, and
(2) Whether the power was exercised in a fair and nondiscriminatory manner

Again, almost 6 months of NO RESPONSE to replace a stupid window frame is beyond ridiculous.

Janet, I agree. Considering the board has had 3 meetings since I submitted my request is ridiculous. It's a little suspect b/c when I first submitted my request, the board (via the HOA AA) were quite fast/responsive in asking me follow-up questions and then subsequently went radio silent. So I can't tell if it's the HOA mgmt or board or both that's causing the hold up.

Ideally, I'd want to avoid dealing with this legally to avoid ruffling any feathers since my parents still have to live in this community. And from my research through Yelp and BBB complaints, the HOA property manager seems a little aggressive. I'm hoping to get a copy of the bylaws from a neighbor since my parents, again, do not know where their copy is and the HOA wants to charge me $100 a copy. Hopefully, it details the architectural request procedure since it's not in our CC&Rs.

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By JulieN1 on 06/18/2017 10:40 PM

Posted By KerryL1 on 06/18/2017 4:40 PM
It sounds like you're in a condo, right, Julie? In CA, condos and detached-home HOAs are treated the same under the Davis-Stirling Act. Your HOA is supposed to, by law, send every Owner a summary of its Arch. requirements annually.

In our condo HOA, Owners are responsible for repaving the glass in our windows--looks like yours too. But the HOA is respsonsible for replacing the frames. Richard has seen many more C&Rs than I have, but I haven't seen one with a specified time limit for an ARC to reply.

We do have Architectural guidelines and an Arch. committee. But it sounds like your HOA's board makes the decisions.

I'd poke around davis-stirling.com for info about architectural changes or whatever for some insights.

So far as I know, in CA, we don't have there ight to simply proceed if we don't hear back from the HOA.

Kerry, yes my parents are in a townhouse community. Where in the law does it say that every owner is supposed to get a summary of architectural requirements annually? I've lightly perused the Davis-Stirling Act but don't remember seeing that.

Also, it seems like your HOA is much more sophisticated or at the very least more professional than my parents'. I can't even get the HOA property manager to tell me when the latest CC&Rs was dated. He has responded "we don't have time for that" and "all this work we are doing now has to be paid by someone." I've been careful to keep all communication through email though so I can have gems those those documented.

As much as I would love to proceed b/c of lack of response, I know legally I cannot since it's not stated in our CC&Rs. Trying to look at other avenues/resources in the meantime.

Nvm, I see it. Didn't read the last sentence the first time.

(c) An association shall annually provide its members with notice of any requirements for association approval of physical changes to property. The notice shall describe the types of changes that require association approval and shall include a copy of the procedure used to review and approve or disapprove a proposed change.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JulieN1 on 06/18/2017 10:40 PM

As much as I would love to proceed b/c of lack of response, I know legally I cannot since it's not stated in our CC&Rs. Trying to look at other avenues/resources in the meantime.

Well ... then about your only two avenues / resources is to send letters to your State Legislators with your copies of letters sent to the HOA ACC and ask them why CA the same as other States such as CO does not designate a time frames such as 30 days be added to Civil Code §4765. Procedures for Architectural Review. Keep in mind that legislation might take at least a year or more to pass. OR ...

Again ... I would send a letter "Certified Return Receipt" with what you have proposed and would point out that the State Law requires a maximum time frame (which are not noted in your documents). Give them another 30 days to respond (and point out the fact the total time from initial request will be in excess of 6 months) ... I bet you will get a response in shorter time frame because when they have to sign for that "Certified Letter" and the State Law is cited in that letter ... they will know you are tracking, know your statutes, and that you mean business.

If you have not sent a letter yet ... then you can continue down the same road to nothing.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Julie ... Usually the ACC Guidelines are in the CCR's. I personally have not seen it to date contained in the bylaws. The bylaws are generally for the running of the Non-Profit Corporation. The CCR's are for governing what you can and cannot do within the HOA via the members.

JanetB2 (Colorado)
Posts: 4,219

Posted:

To put it a little more simply the Bylaws dictate to the BOD and the CCR's dictate to all member.

KerryL1 (California)
Posts: 14,550

Posted:

Can understand your frustration, Julie. Imo, Janet's solutions are too complicated and take too much time. I also disagree with her citation, which seems to be about a decision against an applicant, not silence from the Board. The"enforcement" issue isn't quite right here.

I'd keep the heat on the PM, Julie. Ask, in writing, for instance, for a copy of the summary of ARC procedures. Make sure you cite the relevant Civ. Code. Does the PM work on the premises?

Google the names of your board members and contact one or more to politely ask if there's anything you can do to expedite your parents' request.

You'll find the CC&Rs at your county records office, but I would think the title co. has the most recent revision (if any) of your CC&Rs.

Board in CA HOAs are required to hold "open" meetings that Owners can attend. Usually the bylaws state they must be held quarterly. Do your parents attend? They should and demand to know why their ARC change request is being ignored.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

A word of caution. There was a long and expensive lawsuit here in SC when a homeowner applied for HOA permission to build a garage. He claimed the docs said f no reply to the request within 60 days then permission was granted. He began to build and during the lawsuit finished the garage. Well he lost the lawsuit and had to remove the garage.

My advice is do not trust the "if not heard from" type wording. Get permission.

PitA
Posts: 1,416

Posted:

..... I submitted an architectural request for window frame replacement to my HOA mgmt company on March 17 . .....

? Could you PROVE said claim ?

KerryL1 (California)
Posts: 14,550

Posted:

What PitA's last reply, Julie, suggests is: If your HOA has no arc. guidelines, what does the form say? Does it say something like: as per CC&R xxx? Or State law xxx?

RichardP13 (California)
Posts: 3,868

Posted:

Quote:

Posted By JulieN1 on 06/18/2017 2:11 PM

Posted By RichardP13 on 06/16/2017 5:21 PM
Do you have a paper version or electronic version?

I have a pdf version.

If you send me a copy I can give you a legitimate answer. The email is [email protected]

PitA
Posts: 1,416

Posted:

Quote:

Posted By KerryL1 on 06/19/2017 9:20 AM
What PitA's last reply, Julie, suggests is: If your HOA has no arc. guidelines, what does the form say? Does it say something like: as per CC&R xxx? Or State law xxx?

No, what I meant was:

Could you prove the submittal date ?

Did you get a time stamped receipt for the submittal ?

Certified mail receipt ?

What would prevent the HOA/ACC from denying receipt ?

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By KerryL1 on 06/19/2017 8:26 AM
Can understand your frustration, Julie. Imo, Janet's solutions are too complicated and take too much time. I also disagree with her citation, which seems to be about a decision against an applicant, not silence from the Board. The"enforcement" issue isn't quite right here.

I'd keep the heat on the PM, Julie. Ask, in writing, for instance, for a copy of the summary of ARC procedures. Make sure you cite the relevant Civ. Code. Does the PM work on the premises?

Google the names of your board members and contact one or more to politely ask if there's anything you can do to expedite your parents' request.

You'll find the CC&Rs at your county records office, but I would think the title co. has the most recent revision (if any) of your CC&Rs.

Board in CA HOAs are required to hold "open" meetings that Owners can attend. Usually the bylaws state they must be held quarterly. Do your parents attend? They should and demand to know why their ARC change request is being ignored.

I think I'll have to talk to more neighbors who have newer windows and see what their process was like to gain more insight. The most nearby neighbor told me he just installed windows w/o submitting many years ago. I'm not that bold.

I've also emailed the HOA AA for ARC guidelines. Still waiting for a reply.

If it comes down to it, I'll have to take a day off work to attend one of the board meetings since I'm about an hour away from my parents (who aren't fluent in English).

JulieN1 (California)
Posts: 13

Posted:

Quote:

Posted By PitA on 06/19/2017 12:58 PM

Posted By KerryL1 on 06/19/2017 9:20 AM
What PitA's last reply, Julie, suggests is: If your HOA has no arc. guidelines, what does the form say? Does it say something like: as per CC&R xxx? Or State law xxx?

No, what I meant was:

Could you prove the submittal date ?

Did you get a time stamped receipt for the submittal ?

Certified mail receipt ?

What would prevent the HOA/ACC from denying receipt ?

I submitted to the HOA AA via email.

KerryL1 (California)
Posts: 14,550

Posted:

I got the gist of yours, PitA, and it caused me to think about my own question.

It does seem, above, that Julie's MC has acknowledged receiving her request on behalf of her parents (I guess).

RichardP13 (California)
Posts: 3,868

Posted:

After reviewing the CCRs, there is absolutely no mention of anything Architectural, therefore, time limits don't apply.

KerryL1 (California)
Posts: 14,550

Posted:

So, Julie, nag, nag, nag. Or see what's in the CA-required annual summary of ARC procedures and nag about it.

JulieN1 (California)
Posts: 13

Posted:

Thanks all for the input!

& thanks to Richard who found and took a look at all the governing docs on my HOA's outdated site. To think the HOA property manager was going to charge me $100 each for the CC&Rs and Bylaws. Turns out I the CC&Rs my title company emailed me is the most current. Nothing in the governing docs mention the ARC guidelines, which is funny since the Architectural Request I submitted says,"The general guidelines for the ARC shall be the Architectural Guidelines provided in the CC&R’s and Bylaws." The only time architecture was briefly mentioned was in the CC&Rs as I mentioned before:

"Each Owner shall also be responsible for the maintenance and repair of the assigned Garage, Patio and Balcony/Deck, where applicable, which has the the exclusive rights to use including the interior, interior surfaces of fences and railing and any windows, and shall make repairs in such manner as shall be deemed necessary in the judgment of the Board to preserve the attractive appearance thereof and protect the value thereof."

So it seems like there are no ARC guidelines since the request form says to fall back on the CC&Rs & Bylaws. Looks like I will have to keep being persistent via email even though it's difficult when it feels like I'm dealing with amateurs.

JanetB2 (Colorado)
Posts: 4,219

Posted:

If you send emails send them requesting a read receipt. Of course the problem with that is they could click no, if desired. That is why I recommend you send "Certified Return Receipt" letters because when they have to sign for them and the card with their signature is returned to you ... there is absolute proof they received and they will have to hopefully pay more attention vs ignoring an email where they can claim they did not receive.

KerryL1 (California)
Posts: 14,550

Posted:

It looks like, Julie, that you don't board approval for replacement windows----only frames----maybe! At our HOA, Onwers replace window panes; the Board would replace frames if ever needed.

Say, er a copy of the reserves study of your HOA to see if your HOA is reserving for window frames.

PitA
Posts: 1,416

Posted:

Quote:

Posted By KerryL1 on 06/19/2017 1:58 PM
I got the gist of yours, PitA, and it caused me to think about my own question.

It does seem, above, that Julie's MC has acknowledged receiving her request on behalf of her parents (I guess).

Aaaaaaaaaah Ha : the actual MEMBERS of the HOA did NOT submit a request.

"On behalf of" the member(s) should be done by a properly appointed POA who has given notice of such to the HOA.

Else: hearsay and chaos

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By PitA on 06/20/2017 11:51 AM

Posted By KerryL1 on 06/19/2017 1:58 PM
I got the gist of yours, PitA, and it caused me to think about my own question.

It does seem, above, that Julie's MC has acknowledged receiving her request on behalf of her parents (I guess).

Aaaaaaaaaah Ha : the actual MEMBERS of the HOA did NOT submit a request.

"On behalf of" the member(s) should be done by a properly appointed POA who has given notice of such to the HOA.

Else: hearsay and chaos

Julie ... PitA has a point here ... Do you have a proper Power of Attorney (a.k.a. POA) to act on behalf of your parents with regards to their HOA? If you do not have one on file with the HOA that could be potentially part of your problem. Good point PitA!!!

RichardP13 (California)
Posts: 3,868

Posted:

HOA's can't keep track of who their tenants are and you're asking them to keep track of POA's. WOW!

I am sure that is the reason for the delay.

JulieN1 (California)
Posts: 13

Posted:

I'm actually the co-owner of my parents' home.

Anyway, I thought my HOA was just going to ignore me b/c I hadn't heard from them after following up twice about the max time but they finally got back to me today saying the board approved my request! I guess throwing out CA statues at them worked. Thanks everyone for all the input/info. I now know so much more about the animal that is the HOA.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By JulieN1 on 06/21/2017 10:27 PM
I'm actually the co-owner of my parents' home.

Anyway, I thought my HOA was just going to ignore me b/c I hadn't heard from them after following up twice about the max time but they finally got back to me today saying the board approved my request! I guess throwing out CA statues at them worked. Thanks everyone for all the input/info. I now know so much more about the animal that is the HOA.

Awesome!!! I felt you were in the right on this issue! When you know your documents and State Laws it can make a difference. Hope you and your parents have a great future!!!

PitA
Posts: 1,416

Posted:

I'm actually the co-owner of my parents' home.

Then you did NOT submit 'on behalf' of your parents.

YOU, as an owner / member, submitted a request.

Words actually have separate and individual meaning(s), else, chaos.

As in the tower ........................

also the proliferation of tauric ka-ka

KerryL1 (California)
Posts: 14,550

Posted:

Good for you, Julie. If you're up to it, I'd still take a look at your HOA's reserve study as perhaps the simplest way to see who pays to replace window frames. What you cited form your CC&Rs don't mention frames.