ARC verbiage for patios

I think the Board's or ARC's requiring "professional installation," that includes "at least six inches of gravel and sand" tends to amount to the Board/ARC unlawfully amending the covenants. The Declaration often permits a Board to create "reasonable rules and regulations" pertaining to implementing the covenants, but to me, what you describe is pushing the limit of what is reasonable.

I am inclined to say an owner can just slap down concrete pavers and be in compliance. But when said concrete pavers becomes unsightly due to, say, poor installation, the HOA can issue a violation, based in the covenants, for, say failure to maintain a nice appearance.

Others will probably post their opinions soon. Let's see if what they say changes my mind.

David

The Bylaws are/do as you describe. Typically Declarations, Covenants, Deed Restrictions are the same thing. Additionally there are Rules & Regulations.

Typically it takes 51% or more of ALL OWNERS approving any Bylaw Change.

Typically it takes 2/3rds or more of ALL OWNERS approving any Covenant Change.

Typically the BOD alone can make and/or change Rules & Regulations. A R&R cannot override a Covenant nor Bylaw. Many BOD's get in trouble by doing this.

While under Declarant/Developer control, the Declarant/Developer can make any changes they want within reason. Typically when under Declarant/Developer some will violate Architectural Restrictions (part of the Covenants) to make sales. They have the voting power to do so.

Okay, I've read through the declarations more based on your suggestion that perhaps there is a "failure to maintain a nice appearance." I found a paragraph that says the ARC can turn down a request based on this:

"In reviewing such materials, the Architectural Board shall consider such things as aesthetic appearance, harmony with surrounding improvements,
compliance with this Declaration and any additional criteria adopted by the Architectural Board"

So I would say an owner who submits a request to throw pavers on the ground could be denied his request based on the above. Thanks for steering me there!

Thanks.

Yes, he is definitely getting a violation. I am just trying to make sure we are in a firm position to deny that kind of request should somebody file one through the ARC. If we can do that without changing the Declarations, that will make life easier.

I am not sure a person has to submit such a request. Driveways and parking lots have to be approved. But I am not sure a person needs approval from the HOA/ARC for a patio. The patio does have to be concrete pavers.

Sure thing. For what it is worth, any time a HOA member has a complaint or concern or similar, ask them to point out to you what the governing docs say on the subject. It is a start at getting everyone on the same page (sometimes literally).

From my reading, I believe architectural disputes are among the leading HOA topics that make it to appeals court decisions. An appeals court's first step usually is to read the covenants closely, just as you are attempting to do.

"But I am not sure a person needs approval from the HOA/ARC for a patio. The patio does have to be concrete pavers."

For clarity, my reading of this makes me think they do need to submit a request.

"No building, outside attached shower, fence, wall, deck, patio, bulkhead, retaining wall, swimming pool, tennis court, septic system, parking area, garage, and/or paving for driveways or garages, or other any other structure of any kind, other than those constructed by a Dealer, shall be erected, placed or altered nor shall a building peanit from the Town of Middletown for such improvement or construction for such improvement be applied for on any improved or unimproved property in the Planned Community until all fees to the Corporation have been paid and complete sets of building plans and elevations, specifications, and site plan (showing the proposed location of such building, drives and parking areas, etc.) shall have been reviewed and approved in writing by the Architectural Board."

So much of these long, convoluted sentences are difficult for my non-legal mind to comprehend. But I think that says you need ARC approval to construct a patio. That is certainly what the ARC tells everyone. And, yes, it does say "peanit", though I think it is supposed to be "permit."

Thank you for quoting the section that I presume is from the Declaration.
I agree.

Once one has submitted a post, an edit by the submitter is not possible. Just post your correction in a subsequent post, or don't sweat it. If an error is egregious, a moderator often fixes the problem.