Can Architectural Committee force change to accepted plan

Started by LarryE3 • 11 replies • 670 views

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LarryE3 (Colorado)
Posts: 39

Posted:

We are a small HOA community in rural Colorado. All of the lots are built with wells and propane tanks. Some of the lots have their propane tanks buried and some are above ground. All lots were approved. We have a new Architectural Board that are proposing to change the CCRs to state that all above ground propane tanks be fenced so that they are not visible from the road.

Since the original above ground was approved without fencing, if the CCRs are changed, can existing above ground tank lots be forced to bring their tanks "up to code" or would CCR changes of this type be used to go forward?

Thanks!

MarkM31 (Washington)
Posts: 494

Posted:

Quote:

Posted By LarryE3 on 06/02/2019 12:08 PM
if the CCRs are changed, can existing above ground tank lots be forced to bring their tanks "up to code"

Probably not

AugustinD
Posts: 5,144

Posted:

First I want to know: How many members are there? What percentage must vote in favor of an amendment to the CCRs for the amendment to pass? How many lots have above ground propane tanks without fencing?

LetA (Nevada)
Posts: 2,679

Posted:

Likely no, your HOA can't force you to burry your LP tank because it has a variance and would be grandfathered in. In addition CC&R's must be logical and benefit the community as a whole.
The cost alone to bury a LP tank must be significantly expensive. I can't fathom why some people would vote to increase their cost like that.

LarryE3 (Colorado)
Posts: 39

Posted:

Hi Augustine,

We are a small community of 16 homes with 3 lots still yet to build. Of the remaining 13 homes, only 3 have above ground tanks. It takes 2/3 approval to change our CCRs

LarryE3 (Colorado)
Posts: 39

Posted:

Hi Augustine,

We are a small community of 16 homes with 3 lots still yet to build. Of the remaining 13 homes, only 3 have above ground tanks. It takes 2/3 approval to change our CCRs

LarryE3 (Colorado)
Posts: 39

Posted:

Thanks all. Annual meeting this Saturday. Will see what their intent is. Our president thinks it is only for going forward.

LarryE3 (Colorado)
Posts: 39

Posted:

Thanks all. Annual meeting this Saturday. Will see what their intent is. Our president thinks it is only for going forward.

LarryE3 (Colorado)
Posts: 39

Posted:

Hi Let,

The change is to fence the tank, not bury it. Thanks!

AugustinD
Posts: 5,144

Posted:

Hi Larry, thanks for the info. Is your HOA still under Declarant (developer) control? If so, then check your CC&Rs and see if the Declarant is allowed to make changes to the CC&Rs without a members' vote. Often CC&Rs give the Declarant a lot of leeway on issues like this, so the Declarant can sell the as-yet-unsold lots. Although if your HOA is still under Declarant control, and I had bought a lot with an above-ground propane tank, I'd ask the Declarant to pay for the fence.

LarryE3 (Colorado)
Posts: 39

Posted:

Hi Augustin,
We are no longer under Declarant control. The committee members are new (all of which have buried their tanks) Hmmm???
They are also asking that the CCRs be changed to enforce a "bury or fence" policy. I was under the impression that
CCR changes are forward looking and current properties would be grandfathered.
Thanks@

AugustinD
Posts: 5,144

Posted:

Larry, if at least 11 members ( = 2/3rds +) voted for the amendment to be passed, and push came to shove and this landed in court, I think it is hard to say which side would prevail. No hard fast rule exists for when an amendment, properly passed by the membership, is unlawful. Each case is unique.

I believe the reality is the cost of either the HOA or the three members fighting this in court would likely exceed the cost of either side just paying for the fences, with lots of ugliness and hard feelings on both sides. I think a thoughtful approach is needed. I suggest the HOA offer to pay for the fencing (that is, 16 members chip in for the needs of three members, who arguably were a tad shortchanged by the developer). Subsequently the member has to be responsible for maintenance and replacement (when needed) of the fence.

Do you have any idea what type of fencing the people (who want the fences) are thinking of? Could it be something as inexpensive (but in the countryside, attractive?) as coyote fencing? Has anyone estimated the costs of a few types of fencing that seem like it might be attractive?

Any amendment put on a ballot should be pretty precise about the type of fencing used and whether, when replacement is needed, the new fencing must be approved by your HOA's architectural board. Of course, if the lots are far apart, maybe a lot of leeway should be granted with regards to the type of fencing.

You all are in rural Colorado. Chances are good people bought lots there so that they would have freedom to do as they wanted. I'd try not to ruffle feathers, I would try not to be, ya know, dictator-like.

Here is a touch of general guidance on grandfathering: https://www.hoaleader.com/public/558.cfm

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