💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

PramodP1 (Georgia)
Posts: 3
Posted:
I have issue where ARC Violation happened due to some communication GAP between earlier management and Current Management
I have ask for approval of my deck extension to the HOA (Old Management), and they approved the same.
However, we decided to cover the deck and also have one level increased.
When I approach the old management since they were active at that time, they told me that to cover the deck and add more level you need County Permission, which is very important.
We got the permission and gave the detail to HOA. The HOA point contact told us that they will keep these County Permission in the files and provide this to HOA.
So there is no need for the new approval. We got the approval from county and Deck is completed with Certificate of Occupancy.
But today I got a notice from new HOA management regards to violation of ARC rules.
I don't know what are my options, they mention subject line as "The deck is not approved by the ARC committee. Please Submit an architectural application for consideration. Your deck was approved for widening and not an addition to the levels, addition of doors or Change in Roof Pitch"

They are asking to correct this. I don't understand what it mean to correct this.
Although I have county permission.
Appreciate your help and Guidance
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By PramodP1 on 02/22/2022 3:32 PM

We got the permission and gave the detail to HOA. The HOA point contact told us that they will keep these County Permission in the files and provide this to HOA.
So there is no need for the new approval.
If you have no proof of this "approval," then I think your only option is to re-apply for ARC approval.
PramodP1 (Georgia)
Posts: 3
Posted:
Thanks for the reply.
But I have already completed my DECK inspected by county.
Does reapply will work in this case
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By PramodP1 on 02/22/2022 4:48 PM
Thanks for the reply.
But I have already completed my DECK inspected by county.
Does reapply will work in this case
Your HOA's covenants require ARC approval. What you had approved in writing was for something quite different from what you constructed. The HOA is legally in its rights to ask you to apply for approval a second time, this time, for what you actually installed.

The courts view covenants as a contract.

It was wrong for someone on the HOA side at one point to merely say (according to you) that you need not seek further approval. The problem is you did not follow the covenants and get this in writing.

This forum tries to give members who ask questions here an understanding of reality. Many of us have received extensive guidance from HOA/COA attorneys, case law, statutes, and covenants galore.

Let's see what other long-time hoatalk.com posters have to say.
PramodP1 (Georgia)
Posts: 3
Posted:
So If I reapply there will be no problem even though I have completed the construction.
AdamL1 (UnitedStates)
Posts: 559
Posted:
Quote:
Posted By PramodP1 on 02/22/2022 5:09 PM
So If I reapply there will be no problem even though I have completed the construction.

depends on how 'nice' your HOA leadership is. hehehe.

but seriously though, a noticeable amount of HOA leaderships would 'make an example' of you for not kissing the ring first. Hopefully you can submit an amended ARC request and they'll just pencil whip it.
LoriM15 (Florida)
Posts: 1,009
Posted:
Quote:
Posted By PramodP1 on 02/22/2022 5:09 PM
So If I reapply there will be no problem even though I have completed the construction.

It also depends what your covenants and rules say about decks. Maybe covered decks are not allowed per the rules. Maybe your deck can only be the width of your house and yours is wider.

We don't know your covenants and don't know the details of your deck. It may not be so easy to get approval.

In our community, according to our covenants, if you had already finished construction on a deck that did not meet the community rules we could ask you to tear it down since you did it without permission. I don't know what your rules say.

Ask the management company to give you a copy of the rules and regulations for decks and other structures.
MichaelS56 (Minnesota)
Posts: 858
Posted:
Again, my complaint is why a "Review" committee given the authority to determine make the decision about this deck. The members of the ARC committee are not elected, Board members are elected and should be making the final decisions.
MarshallT (New York)
Posts: 414
Posted:
The HOA is in its right to ask you to reapply. I would also explain your situation to management, however, even with approval from the county, you still need approval from your association.

There is a chance that you'll have to "undo" the unapproved changes you've made to the deck.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By AdamL1 on 02/22/2022 5:58 PM
Posted By PramodP1 on 02/22/2022 5:09 PM
So If I reapply there will be no problem even though I have completed the construction.


depends on how 'nice' your HOA leadership is. hehehe.

but seriously though, a noticeable amount of HOA leaderships would 'make an example' of you for not kissing the ring first. Hopefully you can submit an amended ARC request and they'll just pencil whip it.
Adding a second level and a covering is a big change from the original ARC application. As LoriM15, these may not even be allowed under the covenants or the ARC's guidelines.

As far as I am concerned, folks should try to kiss the ring (that is, the covenants). A deal's a deal, for the greater part.
BenA2 (Texas)
Posts: 1,273
Posted:
It sounds like there is a misunderstanding or your previous paperwork was misplaced. I would contact the ARC, explain what happened, and see what you need to do to correct the issue. It sounds like they just want to have the proper paperwork on file.

It is not unusual for an HOA to ask for approval of a project after the fact. This is a reminder to homeowners to get approval for projects first but, more importantly, it protects you. Without written approval for the deck, they could hold up the sale of your home because you technically have a violation.

If all goes well, they will approve the plans after-the-fact and you don't have to worry about it popping up later. If they do not approve it, you may have to appeal the decision with whatever evidence you have that you had prior approval. I think courts are very reluctant to to order things torn down so you probably have an advantage here.
BenA2 (Texas)
Posts: 1,273
Posted:
Quote:
Posted By MichaelS56 on 02/23/2022 4:10 AM
Again, my complaint is why a "Review" committee given the authority to determine make the decision about this deck. The members of the ARC committee are not elected, Board members are elected and should be making the final decisions.

This depends on the HOA and the state. I think it is typical for the Architectural Review or Control Committee (ACC/ARC) to make decisions on applications. Why else would they exist? The board may hear appeals and overrule them, but the ACC/ARC usually makes the decision without the board being involved.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By BenA2 on 02/23/2022 6:58 AM
Posted By MichaelS56 on 02/23/2022 4:10 AM
Again, my complaint is why a "Review" committee given the authority to determine make the decision about this deck. The members of the ARC committee are not elected, Board members are elected and should be making the final decisions.


This depends on the HOA and the state. I think it is typical for the Architectural Review or Control Committee (ACC/ARC) to make decisions on applications. Why else would they exist? The board may hear appeals and overrule them, but the ACC/ARC usually makes the decision without the board being involved.

I'm speaking from a condo point of view. I would never want our ARC Committee making the final decision. The Board needs to verify that the approval does not conflict with the governing docs or state law. For example, did they approve a request that encroaches on common land owned by the HOA and not the homeowner? (We are side by side condos) Did the approval lead to an improvement to a limited common element that will ultimately lead to more maintenance for the HOA down the road? Did the approval conflict with our state condo laws? (S.C Horizontal Property Act) In my 3 years on the Board we had several instances where the request was turned down by the Board because of issues like I described above.

With that said, we always tried to honor the ARC Committee's decision when we could. In my experience committee members did not understand the governing docs as well as our Board.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Our documents spell out that IF there is no ACC the Board is to act as one. They have FINAL approval. I would re-apply. What is the worst that can happen? They make you modify your design. It's not the end of the world. Just something need to be mindful of when doing anything in a HOA that requires ACC approval.

Recently I bought a house. Followed the steps for my fence to be installed. My neighbors next door did not. Ended up having to change my fence design 3 times! Mind you it was Approved all 3 times. The last time made sure I had the approval from the HOA in hand before did anything. However, I now have to deal with my fence being "wonky" even though it is 100% correct. My neighbors installed their fences so that my fence looks like it's out of compliance.

So just because you are in compliance doesn't mean you won't have to re-submit. In the end I got to install the fence that was in compliance to the rules.

Former HOA President
JohnC46 (South Carolina)
Posts: 14,265
Posted:
PRA

You went far beyond what the initial approval was for. Appeal to the BOID saying Mea Culpa..Mea Culpa. Be humble.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By PramodP1 on 02/22/2022 5:09 PM
So If I reapply there will be no problem even though I have completed the construction.

You absolutely need to re-apply, as already mentioned; because what you built does not match what was formally approved. Personally, I would re-apply, and send them a very friendly note in which you apologize, explain your confusion, and thank them profusely for their time in helping you make things right.

You are in a tenuous position here, because they have the right to turn down your application, which would create a massive headache for you. So I would proceed gently with them, with hat in hand.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here