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BillK15 (Washington)
Posts: 14
Posted:
I am a neighbor of someone who had two large slabs of cement installed for the sole purpose of parking cars. I found two violations in our CC&Rs. One - they altered the rain/runoff direction of flow (ever so slightly, but nonetheless), and 2) they aren't using their garage and original driveway for the required number of cars. There is one in the garage and zero on the original driveway. Do I have a right to know if they ACC approved this work? Or is that solely between the HOA/ACC and the homeowner? I have an email drafted and ready to send to the HOA, but I wanted to bounce the idea here first.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
I think we will need to see the language of your CCRs, and if there is a document related to how your Architectural control process works ...
AugustinD
Posts: 5,144
Posted:
BillK15, the Washington statute for records inspection appears at https://app.leg.wa.gov/RCW/default.aspx?cite=64.38.045 . I think you have a legal right to see the ACC approval, if it exists. I would make a records request as follows:

-------------------
Dear HOA Manager,

Pursuant to RCW 64.38.04 and the HOA governing documents, I request a copy of the ACC approval (if it exists) for the two concrete slabs installed on the lot at [address]. Please let me know when I may come pick this up, and the cost of the copy.

Thank you,

Bill _____
Member, ____ HOA
[Address]
--------------------

Once either you have the ACC approval, or the HOA tells you it does not exist, report back here as needed.
BillK15 (Washington)
Posts: 14
Posted:
Great. I will do that. Thank you.
MarkW18
Posts: 1,290
Posted:
So a poster says send "this" letter because I "think" you may have the legal right to see the ARC application.

Question, do you have a fairly defined set of Architectural Guideline that either a committee of Board can reference? You mentioned that the direction of the flow was altered. Is there a specific guideline for that, and if so, was any Board member on site when the work was done to oversee? Who actually did the work, the homeowner or a contractor?

If the committee or Board met via email, those documents would be public and therefore you would have no access until you took them to court, in which case the records become part of discovery.

I am sure you have within your CCRs, strict guidelines as how many cars are allowed and how they are supposed to be park on every lot. Is there a clause in your CCRs that say you have to park the required car on the "original" driveway, or can it possibly be parked on the "new" extended driveway?

Just food for thought.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
Bill,

Are you really going to act, based on a single input, on a forum for which you have not provided background for consideration?
BillK15 (Washington)
Posts: 14
Posted:
Not necessarily. I'm still gathering information, considering all the advice. Thank you all.
AugustinD
Posts: 5,144
Posted:
I do not see anything wrong with making a request for a record.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By BillK15 on 01/31/2020 10:31 AM
I am a neighbor of someone who had two large slabs of cement installed for the sole purpose of parking cars. I found two violations in our CC&Rs. One - they altered the rain/runoff direction of flow (ever so slightly, but nonetheless), and 2) they aren't using their garage and original driveway for the required number of cars. There is one in the garage and zero on the original driveway. Do I have a right to know if they ACC approved this work? Or is that solely between the HOA/ACC and the homeowner? I have an email drafted and ready to send to the HOA, but I wanted to bounce the idea here first.

No harm in asking. Do not accuse. Just ask.
BillK15 (Washington)
Posts: 14
Posted:
My emotions were getting to me this morning. I probably won't do anything right now, as it probably won't accomplish anything. Thanks again everyone for your input.

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