We gave verbal go ahead on homeowner project then we changed our minds

Our project review committee gave verbal go ahead on a project and the homeowners spent $6,000. Then we went back to the homeowner and declined the project telling them that the approval must be in writing. We waited 53 days to tell them in writing after we gave them verbal approval. The project would be very difficult to tear down or remove and we have given many variences and exceptions to numerous other homeowners. The homeowners are asking to see our records of these variances and exceptions and we are not allowing them to. I think our review committee is wrong by trying to cover up what we did for other homeowners. Many of the exceptions were given to HOA board members also, I don't think we even have all the records and some have been altered and backdated to look like they were approved before they were done but they were not. I think we should just be honest and approve the project like we told them we would.

Jake,

The HOA cannot be selective in approval or inforcement of a project. It will always come back to bite you, as you now know.

I sure hope you are able to work all of this out. Selective enforcement is one of several issues that have us involved in an expensive court case. Almost all of our Board have granted permission to each other to violate the CCRs by non enforcement. Other property owners that even request such permission are told no and threatened with all types of legal action. Most have backed down. Trust me if selective enforcement is a problem there are many others. I can't understand why some rogue BODs act like they do. I hope you don't have to join in an expensive legal battle like we have.
MaryN

Jake, your ARC members need an education on proper conduct. Usually the CC&Rs provide a response time limit (30-45 days) after receipt of all requested information or else there is approval by default. The ARC members conduct is improper and should be reviewed by the Board of Directors. If the Board chose to take this to Court the HOA would lose and probably have to pay both parties costs.

Jake:

They are records of the HOA and therefore are available to all members. You should not be sidestepping their requests. It gives the impression of impropriety. Furthermore a verbal can be a binding agreement. As Roger said most CC&R's give a time limit of 30-45 days.

In my opinion the HOA should allow the project, if they don't the homeowners have a very good case and the HOA would be stupid to fight them.

Of course you should approve it now! Have you heard the phrase "poor planning on your part does not constitute a crisis on my part"? I find it amazing (as a new BOD member) that otherwise law abiding citizens, when elected to BODs or appointed to committees , seem to now think that law and order only applies to everyone else - and behave accordingly..... Stick to your guns, give written approval, and everyone will learn from the committee's "verbal" mistake. Good luck.

Jake:

I think your board owes these homeowners an apology. A verbal should never be given, it should always be documented. The review process, according to your documents can be 30, 45, I have even seen 60 days. That should give the board or ARC Committee plenty of time to make their decision.

To give a verbal and these poor Owners spent $6,000.00 on the project, come back 53 days later and take away their verbal is poor policy and leadership on their part.

IMO, the board should send an apology letter and recind their poor decision.