CraigT (Pennsylvania)
Posts: 1
Posts: 1
Posted:
Our association's bylaws were written in 1959. They fit on 2 pages. The CCR's are less than a page. The HOA is in Pennsylvania and is about 700 single family houses of wildly divergent styles.
The CCR's state that only "buildings, parts of buildings, and alterations of buildings" require approval by the HOA. There is nothing about permits in the bylaws. The HOA has had a permit process in place since day 1 to address construction of homes on the empty lots sold by the original developer. Apparently, about 30 years ago, a Board decided to expand the permits to include driveways, landscaping, trees, and other things which aren't "buildings". No written guidelines exist as to when these are required, and no one really bothered to get these permits. There was little or no enforcement when permits were not obtained, although a few people did get these permits. About 20 years ago, the BOD created an "architectural review committee" whose mandate was to review and issue permits. However, this committee has apparently never met, has no members, provides no reports, and the process where permits were issued continued to be the approval of the BOD member responsible for issuing permits. There hasn't been much, if any, controversy or complaints over the permitting process. Our BOD is unpaid, and it's been said more than a few times that "there should be a minimum IQ required" based upon those people who have served on it. So, well meaning, but not particularly educated or sophisticated, much like all BODs of HOAs.
Recently, I began a back yard landscaping project (terracing my steep slope to match the terraces of each adjacent neighbor). I asked the BOD member responsible for issuing permits whether I needed a permit. He wrote back I "likely did not" but he would consult the board president. The board president wrote to me, him, and the rest of the BOD that I didn't need a permit. I began work. Two days later, the board president issued a "stop work" order, because other BOD members have now chimed in and want me to get a permit. Not wanting to delay the process, I paid for a permit and got it approved by the BOD member responsible. I began work again. Three days later, I was issued a "revocation of permit" without any explanation other than the BOD is "discussing" the permit (which has been going on for 2 weeks now). As far as I know, I am the first person in nearly 60 years to go through this level of scrutiny over landscaping.
It appears that a permit for landscaping, a permit fee (for anything), and an "architectural review committee" are all not authorized by the CCR's or bylaws. They're not in the Rules and Regulations, either. In addition, the CCR's and bylaws limit the enforcement to court actions to recover direct costs. That seems to preclude the possibility that the HOA can issue a fine, although the rules and regulations state they can. The HOA hasn't issued many fines over the years, but about 5% of the annual budget comes from permits. So, them losing the ability to collect permit fees, or even worse, having to refund permit fees collected, is a big deal to them.
So, my questions are:
1. Can an HOA pass a rule to to allow them to issue fines when it's not in the CCR's and bylaws?
2. How about passing a rule that would allow them to require permits not specifically listed in the CCR's and bylaws?
3. How about passing a rule to collect permit fees when not specifically listed in the CCR's and bylaws?
The CCR's state that only "buildings, parts of buildings, and alterations of buildings" require approval by the HOA. There is nothing about permits in the bylaws. The HOA has had a permit process in place since day 1 to address construction of homes on the empty lots sold by the original developer. Apparently, about 30 years ago, a Board decided to expand the permits to include driveways, landscaping, trees, and other things which aren't "buildings". No written guidelines exist as to when these are required, and no one really bothered to get these permits. There was little or no enforcement when permits were not obtained, although a few people did get these permits. About 20 years ago, the BOD created an "architectural review committee" whose mandate was to review and issue permits. However, this committee has apparently never met, has no members, provides no reports, and the process where permits were issued continued to be the approval of the BOD member responsible for issuing permits. There hasn't been much, if any, controversy or complaints over the permitting process. Our BOD is unpaid, and it's been said more than a few times that "there should be a minimum IQ required" based upon those people who have served on it. So, well meaning, but not particularly educated or sophisticated, much like all BODs of HOAs.
Recently, I began a back yard landscaping project (terracing my steep slope to match the terraces of each adjacent neighbor). I asked the BOD member responsible for issuing permits whether I needed a permit. He wrote back I "likely did not" but he would consult the board president. The board president wrote to me, him, and the rest of the BOD that I didn't need a permit. I began work. Two days later, the board president issued a "stop work" order, because other BOD members have now chimed in and want me to get a permit. Not wanting to delay the process, I paid for a permit and got it approved by the BOD member responsible. I began work again. Three days later, I was issued a "revocation of permit" without any explanation other than the BOD is "discussing" the permit (which has been going on for 2 weeks now). As far as I know, I am the first person in nearly 60 years to go through this level of scrutiny over landscaping.
It appears that a permit for landscaping, a permit fee (for anything), and an "architectural review committee" are all not authorized by the CCR's or bylaws. They're not in the Rules and Regulations, either. In addition, the CCR's and bylaws limit the enforcement to court actions to recover direct costs. That seems to preclude the possibility that the HOA can issue a fine, although the rules and regulations state they can. The HOA hasn't issued many fines over the years, but about 5% of the annual budget comes from permits. So, them losing the ability to collect permit fees, or even worse, having to refund permit fees collected, is a big deal to them.
So, my questions are:
1. Can an HOA pass a rule to to allow them to issue fines when it's not in the CCR's and bylaws?
2. How about passing a rule that would allow them to require permits not specifically listed in the CCR's and bylaws?
3. How about passing a rule to collect permit fees when not specifically listed in the CCR's and bylaws?