ARC Approved Items That Are Not Allowed

Developer and Declarant allowed our ARC to approve items that is prohibited in our CCR's. Developer and Declarant is not passing these issues forward to be addressed by the post transition Board to deal with. Is there anything we can do to force the Developer and Declarant to correct these issues prior to transition so it isn't handed to an inexperienced new Board?

Thank you

You will have to study your governing documents carefully to see what they allow the Declarant to do. If the exceptions do not alter the general scheme of the development, then the law may be on the Declarant's side.

Send a demand letter to the developer stating that members are considering legal action, and this letter denotes legal notice that the Declarant may be included as a defendant to this litigation if it does not nullify the waivers it granted. Preferably have it sent from an attorney. Given that turnover is now happening, time may be of the essence here.

Typically governing documents will allow an ARC some latitude to grant a variance - the Board almost certainly has that authority.

To rescind approval that had previously been granted would be opening up a very ugly can of worms.

What are the modifications that you want removed?

Question: How long ago were prior items approved? In my State certain items (especially construction type) if not challenged by HOA or other owners within one year essentially become null and void (owner gets to keep what they established).

To force anyone to correct issues it first needs to be determined via your CCR’s and State Laws whether any such issues truly exist. It will also depend on how much latitude your state allows for a developer. Some states allow total garbage while others allow fair and balanced between (developer / owner / secured creditors).