Prompt decisions by the Board for approval of architectual changes

The Davis-Stirling Act in California part 1378, requires the Board of the Directors to respond promptly to written requests for modifications to units and common areas. The code required that a process with a time period for review must be outlined in the CC & R's.

In our CC & R's, this process is outlined with a 60 day period for review by the Architectual Committee which we do not have. I submitted plans for a change directly to the Board of Directors, in writting and with a signature confirming receipt of this request. Although, the Board reviewed my request and came to look at the patio, they did not reply within the 60 days as outlined in our rules.

Question: if the requirements of requesting a change has been properly submitted, and one does not received any written response from the Board within the required time of 60 days, is the request deemed approved? Can they come back after the fact and require I put things back as they were?

1378.(a)(1) states: The procedure shall provide for prompt deadlines. The procedure shall state the maximum time for response to an application or a request for reconsideration by the board of directors.

I know that the approval is required to be in writing. I guess the question is this: does the Board forfeit it's approval rights if it does not meet the deadlines required by law that are stated in its own CC & R's? What is the purpose of having a required "maximum time for response to an application or request" if it is ignored?

The request may be approved by default but be sure and get it in writing. We have a situation in our association where the exact thing happened. When a new Board was elected(three Boards later with none of the original Board members still on the Board), they made her life hell for not getting approval. The new MC said she couldn't locate any request for an architectural change and even though it had been four years since the homeowner made the changes, the proof lie in the hands of the homeowner, not the Board or MC. In the end, the homeowner had to change everything back or incur the daily fines this association will issue.

Sherry, look deeper into your CCR. My CCR says they have 90 days and if they don't reply then it is automatically approved.

However, if your CCR is silent then you need remind the BOD that your law says you must have approval or rejection in writing within the allot time and. Get it in writing.