Lost ARC approval letters and lost HOA records

Started by StephenZ • 9 replies • 462 views

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StephenZ (Texas)
Posts: 13

Posted:

I live in Texas and recently resigned from the HOA board. our neighborhood has 400 homes and is 17 yrs old. The current HOA board is requesting all home owners to provide ARC approval letters for all changes to their properties. Here is the issue:
HOA board only has records dating back 10 yrs. Prior records were lost. So all home owners that made changes to their properties are required to show approval proof, I am told 200+ homes had their approvals at the time they moved in. Many of these homes have changed ownership multiple times and hardly any homeowners have the approval letters.
HOA board is sending letters to submit new ARC requests and these are being denied left and right.
Question: If the HOA board have no records over 10 years and the homeowner did the work or purchased the home with work completed over 10 years ago, does the HOA have the right to enforce removal of changes? Some removals would cost homeowners thousands to remove.
All responds are appreciated.

KerryL1 (California)
Posts: 14,550

Posted:

Several Owners might want to chip in together and buy the time of an HOA-knowedgable attorney for a legal opinion.

Offhand, there might be statutes of limitation whereby if an ARC change has been in place more than 4-5 years, it can remain. This would need a legal opinion.

What are the reasons for the Board to make such unreasonable demands on owners? Do you see the decisions for these demands in board meeting minutes?

SteveH35 (Washington)
Posts: 339

Posted:

Quote:

Posted By StephenZ on 06/18/2022 8:59 AM
I live in Texas and recently resigned from the HOA board. our neighborhood has 400 homes and is 17 yrs old. The current HOA board is requesting all home owners to provide ARC approval letters for all changes to their properties. Here is the issue:
HOA board only has records dating back 10 yrs. Prior records were lost. So all home owners that made changes to their properties are required to show approval proof, I am told 200+ homes had their approvals at the time they moved in. Many of these homes have changed ownership multiple times and hardly any homeowners have the approval letters.
HOA board is sending letters to submit new ARC requests and these are being denied left and right.
Question: If the HOA board have no records over 10 years and the homeowner did the work or purchased the home with work completed over 10 years ago, does the HOA have the right to enforce removal of changes? Some removals would cost homeowners thousands to remove.
All responds are appreciated.

Asking homeowners to provide historical approval documentation in hindsight isn't going to fly. There was another recent thread with a similar situation limited to one owner and a pre-existing trampoline.

Rule of thumb: CICs are required to keep appropriate records. They can ask, but cannot demand that homeowners provide records after the fact under threat of penalties.

PatJ1 (North Carolina)
Posts: 568

Posted:

Not exactly the same situation as yours, but we have been replacing all our railings. There are many condo units that screened in their rear porches and patios 10-15 years ago. These would have to be removed to install our new railings. Prior to starting the project we asked our attorney about possibly having to replace them. His response was "if the owner can produce an approved ARC request, call me". We heard of a few mumblings from owner's, but never received anything from an owner about replacing their screened in porches.

You may have an issue regarding how long ago the change was made and the CCR's were not enforced. The HOA may not be able to go back and force owner's to remove the change because the CCR's had been ignored for so long. The HOA may be able to enforce going forward, but may be stuck with what was allowed and ignored by previous board's.

The HOA may have to look at each case individually. The HOA or an owner may have to seek an attorney's opinion on the matter.

StephenZ (Texas)
Posts: 13

Posted:

To add more info. Developer had responsibility for first 7 years and approved pretty much all ARC requests. Homeowners took control for the last 10 years. Developer lost all records when turned over to Homeowners. The next 8 yrs various HOA boards have poorly or not at all enforced Deed restrictions. The last two years have had an effective fining policy and enforced the basic stuff. Now HOA board is going after everything. I quit the Board once they were looking to say all yard art was not approved. Only approved bushes and flowers should be in front yards. Inspection tour is coming up, let’s see if they send out 100’s of letters for yard art. Oh, HOA is spending $3k a month sending out letters but could not even open the pool this year due to repairs they had all year to complete. If letters go out that yard art is illegal, I plan to rally all homeowners to overturn the board.

BillH10 (Texas)
Posts: 1,217

Posted:

Your Board has very misplaced priorities.

$3k a month on enforcement is unbelievable unless they are sending everything FedEx Overnight or having the attorney write the letters.

I say start the process of rallying the troops now, don't wait for some other trigger.

Lost records are lost records, no one is going to jail over that. I strongly recommend the board consult with the association attorney before proceeding with whatever process is they have put in place or are contemplating. I cannot believe a judge would look favorably on the board attempting to reverse an architectural change with no records to justify the change was not approved.

They should grandfather what is in place. In some instances such as the wrong roof or paint color, the board can require that new paint or shingles must conform to the current approved colors.

StephenZ (Texas)
Posts: 13

Posted:

Again to note: Our Management Company (Real Manage) contract only allows for 40 free deed restriction notices, we generally have over a 100 notices per month. the added cost $25 each. The same with certified letters. The contract was up for renewal but could not get the other board members to spend the time to go to a better company.

TimB4 (Tennessee)
Posts: 21,059

Posted:

If, when you purchased, there was a statement from the HOA that there are no violations, I would submit a copy of that statement with every request I turned in, stating that the item was completed or on the property when you purchased.

BarbaraT1 (Texas)
Posts: 821

Posted:

Quote:

Posted By TimB4 on 06/19/2022 6:26 AM
If, when you purchased, there was a statement from the HOA that there are no violations, I would submit a copy of that statement with every request I turned in, stating that the item was completed or on the property when you purchased.

Good point! Texas requires disclosure of existing violations, which would include unapproved modifications.

We aren’t supposed to name company names here but I knew who it was when you said how much you were spending on enforcement. No other company charges fees like that.

Something has gone very wrong with your board. When’s the next election?

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