DianeG3 (Pennsylvania)
Posts: 1
Posts: 1
Posted:
Can the Board Reverse a decision made 9 years ago by a prior Board to allow a large plastic storage container to sit on the deck?
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REVERSE DECISION
Started by DianeG3 • 6 replies • 615 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Maybe, but why was the decision made the first time? If there was a rule to this effect, has that been changed? It may be this container is now designed and used in such a way it wasn't being done at the time. What will this container be used for this time?
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
CathyA3 (Ohio)
Posts: 6,299
Posts: 6,299
Posted:
When I was on the board, I always hesitated to reverse a previous board's decision unless it was clearly wrong (for example, illegal or contrary to the CC&Rs) rather than a difference of opinion. Otherwise, you encourage homeowners to keep pestering the board until they get the answer they want. This will waste time that is already in short supply, and it gives owners the idea that the board doesn't really know what they're doing. Both are counterproductive.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By CathyA3 on 06/18/2019 11:05 AM
When I was on the board, I always hesitated to reverse a previous board's decision unless it was clearly wrong (for example, illegal or contrary to the CC&Rs) rather than a difference of opinion. Otherwise, you encourage homeowners to keep pestering the board until they get the answer they want. This will waste time that is already in short supply, and it gives owners the idea that the board doesn't really know what they're doing. Both are counterproductive.
When I was on the board, I always hesitated to reverse a previous board's decision unless it was clearly wrong (for example, illegal or contrary to the CC&Rs) rather than a difference of opinion. Otherwise, you encourage homeowners to keep pestering the board until they get the answer they want. This will waste time that is already in short supply, and it gives owners the idea that the board doesn't really know what they're doing. Both are counterproductive.
Well said.
BarbaraT1 (Texas)
Posts: 821
Posts: 821
Posted:
Are they reversing a prior approval, or reversing a prior denial in order to approve?
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
I know our governing docs do not make any provision for rescinding an ARC approval. I think you would be on shaky ground trying to do so, and would likely not prevail if the owner fought it in court. Even without an ARC approval, a violation that's 9 years old would probably have passed any statute of limitations and be legally allowed. Do you have an association attorney? I would seriously consider running this by them before proceeding.
Escaped former treasurer and director of a self managed association.
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
If the prior decision contradicts (or is in conflict) with the Declaration of Covenants, Articles of Incorporation or the Bylaws, then the Board would be correcting the issue (as the first decision would have been an error).
If the prior decision was a resolution (formalized decision of the board), future boards can modify or abolish said decision. This is typically a good thing but could be abused.
If the prior decision was a resolution (formalized decision of the board), future boards can modify or abolish said decision. This is typically a good thing but could be abused.
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