How to get board to show ARC rules are being enforced?

Started by PaulB12 • 6 replies • 495 views

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PaulB12 (Virginia)
Posts: 56

Posted:

Hello, I have noticed that some owners put in applications for exterior and other owners don't in our HOA (usually friends of the HOA members).

I have complained about this to the HOA but they have responded saying owner files are confidential and can be withheld from inspection.

The ARC committee used to put approvals in the committee minutes but no longer do this. Just a lot# and approval type.

So what other ways can the HOA show others are following the approval process? Am I suppose to just trust the HOA and assume the rules are being followed?

TimB4 (Tennessee)
Posts: 21,061

Posted:

You can identify the lot number easily enough.
Simply go to the county property records (many are online)

I believe your ARC is doing the correct procedure by only listing the lot number. This is because the lot number won't change but the owner will.

If you are really concerned about the approval process, volunteer to serve on the committee or the board.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By TimB4 on 04/20/2021 2:56 PM
You can identify the lot number easily enough.
Simply go to the county property records (many are online)

I believe your ARC is doing the correct procedure by only listing the lot number. This is because the lot number won't change but the owner will.

If you are really concerned about the approval process, volunteer to serve on the committee or the board.

Sound advice.

ND (PA)
Posts: 792

Posted:

I believe you would be entitled to review ARC Committee minutes.

If they previously put in the approvals (meaning address and item being approved), then you have all that historic data which you can easily compile if you wish.
If they now just put in lot numbers and approval type, then you can easily associate a lot number with an address (via neighborhood plat/plan), and you will have all present and future data.

It appears you have everything you may want and need to prove whether an application had been approved. I suppose if an application was submitted but not approved, you may not have that since you stated that only approvals are indicated in minutes.

But now what? What's the end goal? I understand that you want to somehow show/prove that the process may not be followed all of the time by everyone . . . but why?

PaulB12 (Virginia)
Posts: 56

Posted:

Because I had to put in applications and others did not for the exact same exterior modifications, I received violations for some and the others did not, but who knows if the neighbors are telling the truth but I do want to know if some got approvals. The board would never appoint me to that arc committee, they know I would take issue with the inconsistent enforcement.

They know I can match the lot number with the address and owner, the reason they probably stopped the arc minutes.

Not much I can do, there is always court but I’m looking for other solutions.

TimB4 (Tennessee)
Posts: 21,061

Posted:

Quote:

Posted By PaulB12 on 04/20/2021 8:04 PM

Because I had to put in applications and others did not for the exact same exterior modifications,

If you complied with the covenants and requested approval that was denied, reapply.
Your reapplication should specify that you are not asking for anything that hasn't already been approved in the past (expect everyone applied for their changes here) and you don't understand why the application is being denied. If others were approved, I should be approved. If others were not approved - the board needs to enforce equally vs. selective enforcement. Then list the other properties with similar changes.

Quote:

Posted By PaulB12 on 04/20/2021 8:04 PM

I received violations for some and the others did not

If you were in violation, you should bring the issue into compliance.
This may mean submitting applications after the fact.

Associations don't always go looking for violations but must act upon any that are pointed out.

PaulB12 (Virginia)
Posts: 56

Posted:

Thank you Tim, I’m good on my applications and approvals. So are other neighbors. But the other similar one’s, neighbors claimed they didn’t put in any paperwork for approval or said there is no requirement to do so, one example would be changing out front yard landscaping and removing grass and putting stones, steps etc. it definitely requires prior approval. The arc guidelines state such and other neighbors have put in applications. But some neighbors say they never did an application and never received a violation. I don’t believe any of them but the question is how to go about knowing if others put in the paperwork.

I pointed the obvious modifications out to the board and they claim owner files are subject to privacy. Which is fine but I only asked for arc minutes. They refuse probably because there are no minutes. The enforcement is inconsistent or none at all.

Just looking for alternative solutions and perhaps some have come across this type of dilemma.

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