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MichaelS56 (Minnesota)
Posts: 858
Posted:
Our Association decks were built in the late 90's when cedar or redwood were the common materials available and the design of the railings was standard, now as the owners are wanting to update their decks the deck industry has made a lot of changes in design and available materials. Our Covenants state that we are to keep the exterior of the units "uniform" in appearance. This is becoming very difficult to accomplish as the past Board has allowed composite materials for deck boards and railings. The deck boards are not the issue, it is the design and the materials available for the railings. Suggestions to this conflict between "uniform design vs materials available.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Changes have been approved in the past.
I would follow past precedence and ignore the issue.

Depending on how long ago the first change was made, it's possible that a legal challenge could nullify that covenant.

AugustinD
Posts: 5,144
Posted:
I agree with TimB4.

The chances are decent that a court would say the covenant on uniform appearance has been abandoned through years of non-enforcement.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
There is no reason why you all can't make changes to your CC&R's for the new "look" or material. The documents are made to make such updates and changes.

Former HOA President
KerryL1 (California)
Posts: 14,550
Posted:
Please clarify for me, Michael: have some owners changed the actual design of the structure decks? Or just the materials?

Are the decks Owners' separate interest, i.e., Owners own them? Or are they exclusive use (or limited use) common area?

Are the dwellings joined (Townhomes or condos?) or are they detached from one another?
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Michael

I understand keeping a "common appearance" as we do such. There is not a large difference in keeping the railings looking alike between natural and artificial wood (slight color differences) then say wrought iron railings.

How different are people requesting?
MichaelS56 (Minnesota)
Posts: 858
Posted:
John, a couple of homeowners are seeking to have black aluminum balusters as part of their railing system. Presently all of the deck railings are very close to the cedar color.
KerryL1 (California)
Posts: 14,550
Posted:
Are you able to answer my questions, Michael?
MichaelS56 (Minnesota)
Posts: 858
Posted:
Kerry answer to question 1 is a no. Question 2, owners own their decks, Question 3 the townhomes are either in twos or a small number are three together. Yes the materials have changed but the design has remained the same.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Personally, I would be more concerned about uniform appearance (required in your documents) based on a view from the street and not the rear of the properties (I also live in a town home development).

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