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JackieB4 (California)
Posts: 398
Posted:
An owner, doing extensive work on their single family home, resubmitted their 2nd ARC app. to continue the work for another year. The original approved ARC app. was for 1 year of work, 4/2022-4/2023. Our documents are silent on this issue so my question is do they need NEW neighbor impacted consents, which were signed in 4/2022? Also unsure if any current neighbor is a new neighbor since 4/2022? Our PMC advice has been unreliable so ???
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JackieB4 on 08/07/2023 7:22 PM
The original approved ARC app. was for 1 year of work, 4/2022-4/2023.
One year is what was agreed to. Someone had a reason for including this condition and, if more time were needed, requiring a new application subsequently. My director's vote: New application, new consents required.

Hope you're hanging in there with your hostile, illogical fellow directors.
JackieB4 (California)
Posts: 398
Posted:
Ellen, I was hoping you weren't on vacation. I brought this issue to HOATALK because PMC + 2 BOD approved new (resubmitted ARC) without new consents. Yes, they ignore my concern.
But moving forward, yesterday I personally asked 7 owners (140 homes) to consider a Board position with applications due March 2024. Hopefully I receive feedback in 1-2 weeks and we can schedule some meetups.(Prayer!) We have 7 streets here and I attempted to suggest running with owners on 5 streets. This isn't BRAIN SURGERY since we only have basic amenities. We only need 2 to commit + me. Then campaign as a team. I just completed a 7 day jury-duty trial of a terrible criminal case.
Watching 7 days of 2 lawyers food-fight was reminisent of our HOA leadership. Thanks again for your advice and humor.
AidylP1 (California)
Posts: 173
Posted:
Quote:
Posted By JackieB4 on 08/07/2023 8:28 PM
Ellen, I was hoping you weren't on vacation. I brought this issue to HOATALK because PMC + 2 BOD approved new (resubmitted ARC) without new consents. Yes, they ignore my concern.
But moving forward, yesterday I personally asked 7 owners (140 homes) to consider a Board position with applications due March 2024. Hopefully I receive feedback in 1-2 weeks and we can schedule some meetups.(Prayer!) We have 7 streets here and I attempted to suggest running with owners on 5 streets. This isn't BRAIN SURGERY since we only have basic amenities. We only need 2 to commit + me. Then campaign as a team. I just completed a 7 day jury-duty trial of a terrible criminal case.
Watching 7 days of 2 lawyers food-fight was reminisent of our HOA leadership. Thanks again for your advice and humor.

New application, but no new consent is required.
KerryL1 (California)
Posts: 14,550
Posted:
Do your CC&Rs require neighbor consents? What's the wording in your ARC Guideline about neighbors' "consent?' Is there something the applicant wants to do that'll block neighbors' views, or daylight or infringe on their privacy?

Is the applicant in the new application. requesting approval for something different than was approved in the first app? Or simply more time?

I'm also wondering how it is that a PM is "approving" their app. Surely the PM didn't vote to approve it, right? The PM recommended approval?

Great, Jackie that you'r putting tougher a a slate to run in the spring. When is the actual election? I was part of a slate once in my condo HOA, of which I'm still a member, and it worked out very well !
JackieB4 (California)
Posts: 398
Posted:
Kerry, Our ARC application (of many years) requires affected neighbor(s) consent. Lack of consent doesn't necessarily stop the project. NO...nothing damaging or new about applicant's project.. Sorry, didn't mean to mislead that PMC approved it. However I feel it's fair to say we expect PMC guidance and their expertise on these routine ARC apps. When I asked PMC if new consents were required with new application for another YEAR, she dodged the question by saying "consents were obtained 4/2022." Dodge ball has become management and BOD's favorite sport. Apathy has been our quicksand. Yes, PMC (owner) is recommending approval.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JackieB4 on 08/07/2023 8:28 PM
Ellen, I was hoping you weren't on vacation. I brought this issue to HOATALK because PMC + 2 BOD approved new (resubmitted ARC) without new consents. Yes, they ignore my concern.
But moving forward, yesterday I personally asked 7 owners (140 homes) to consider a Board position with applications due March 2024. Hopefully I receive feedback in 1-2 weeks and we can schedule some meetups.(Prayer!) We have 7 streets here and I attempted to suggest running with owners on 5 streets. This isn't BRAIN SURGERY since we only have basic amenities. We only need 2 to commit + me. Then campaign as a team. I just completed a 7 day jury-duty trial of a terrible criminal case.
Watching 7 days of 2 lawyers food-fight was reminisent of our HOA leadership. Thanks again for your advice and humor.
Regarding your recruiting steps: This sounds like excellent strategizing to me.

I really do not want to hijack the thread, but I am curious: Do you think the jury did a good job? Do you think your fellow jurors had reasonable explanations for taking the positions they did?

I hear you about the attorneys and food fighting. Interesting. I never got as far as being voir dire'd for serving on a jury. I know I would go into the voir dire segment saying something like, "Look attorney so-and-so, I am not what is known as a team player. I expect I may hate working with the other jurors. I think the judge will regret my being seated." Unfortunately I think many lawyers might like the anti-team player attitude and say, "Accepted." And I would be miserable.
JackieB4 (California)
Posts: 398
Posted:
Ellen, This was a terrible criminal case alledging child predator issues plus possible entrapment. Unsure how I was one of the original jurors selected, ? RN/NP??, mother of 5, 80 years old, or simply a roll of the dice? During the 3 days of jury selection, the only question I was asked was something about being a mon of 5 kids. "How did you handle their conflicts?" "By number 3, my eyes and silence sent chills down their spine. Not much surprised me." At first vote in deliberation room, it was 6 vs 6. Yes, I completely understood their reasoning. We had agreed to be respectful of disagreement and it worked. Impressive panel!! The Judge and the 2 lawyers were excellent. The judge kept reminding us the evidence had to prove BEYOND ANY REASONABLE DOUBT...and we eventually had Court Reporter come in and re-read testimony. Then 11-1. The 1 vote was a young gal who NEVER made a comment during the entire deliberation. No questions, no comments, no eye contact with anyone. Never sat with anyone at lunch (which forbid trial conversation). Next vote became 12-0, not guilty. During jury selection (took 3 days) many had experienced or had a relative/close friend with issues discussed with this case. They were eventually excused. One
final juror fell asleep days 1 and 2 of trial and Judge excused him, recommending he have F/U with his physician. None of us waited after verdict to "talk to lawyers." We were drained!
ElleN (Idaho)
Posts: 4,420
Posted:
JackieB4, thanks for the fantastic, pithy account.

It makes me feel good that at least the jury part of the legal system seems to be working well.

I do not think I have ever heard someone say they were disappointed in the experience. Cynic that I am, this surprises me. Perhaps I have spent too much time in the kangaroo courts of Board-run HOA Land.

I laughed out loud when I read your answer to the attorney's voir dire question.

I am not the least bit surprised you were selected. I bet the attorneys saw brains and humility.

I now return to our regularly scheduled programming of "HOA Talk."
JackieB4 (California)
Posts: 398
Posted:
Ellen, LOL...returning to HOA Talk, my criminal case juror experience just reinforced how apathy and assumptions can hurt the innocent. Remember I was CENSURED by BOD 3 months ago for "failing to uphold your fiduciary duties as a Director" at an executive meeting I wasn't allowed to attend. Censuring is meant to intimidate(failed!) and my failure to uphold fiduciary duties was/is EXACTLY the opposite of the facts. My recent juror experience reinforced the meaning of democracy.
JackieB4 (California)
Posts: 398
Posted:
Ellen, just heard from PMC ARC Manager: "THERE ISN'T ANY LANGUAGE IN THE GUIDELINES OR ON THE NEIGHBOR AWARENESS FORM THAT REQUIRES THIS." (updated neighbor signatures with new contract).
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JackieB4 on 08/08/2023 12:31 PM
Ellen, just heard from PMC ARC Manager: "THERE ISN'T ANY LANGUAGE IN THE GUIDELINES OR ON THE NEIGHBOR AWARENESS FORM THAT REQUIRES THIS." (updated neighbor signatures with new contract).
Logical thinking is not her forte, is it?
JackieB4 (California)
Posts: 398
Posted:
Ellen, Sadly we pay PMC $3000/month + "miscellaneous" for this??? LOL- it's simply more fodder for recruitment.
LetA (Nevada)
Posts: 2,679
Posted:
To my understanding an ARC application is for the completion of stated items on the ARC form, it has no time expiration.
KerryL1 (California)
Posts: 14,550
Posted:
Would you provide us with the language/wording of consent that is required for applicants? Please name the doc that it's in? Is the language of neighbor consent in the annual budget letter that must go to Owners every year and must include a summary of the ARC requirements?

It doesn't make sense to me that a neighbor who's new since the original approval would be permitted any voice in the new app. to extend the work. I'm glad you clarified that those who seek ARC approval must get consents of yes from neighbors. I'm thunking the word "consent" is strange since their consent is not really required.. It sounds more like neighbors' opinions are sought?

Oh, yes, Jackie, we, too, count on the advice of our PM and his MC. afraid ours are a little weak at the moment too.
JackieB4 (California)
Posts: 398
Posted:
Kerry, This conversation has run it's course but to briefly respond: ARCHITECTUAL REVIEW AND APPROVAL PROCEDURE, "all requests must be made on the standard Architectual application forms and include a completed copy of the submitted checklist and a Neighborhood Awareness Form. The actual ARCHITECTUAL CONTROL COMMITTEE MODIFICATION FORM has signiture spaces for 2 each- Facing, Adjacent, and Impacted neighbors and clearly states "I understand that neighbor objections do not in themselves cause denials." I didn't want to leave you hanging but I am choosing to redirect my energy to 2024 BOD recruitment. We often need to pick our battles.
KerryL1 (California)
Posts: 14,550
Posted:
Sorry, Jackie, my typo. I did see that you wrote above that neighbors' opinions don't necessarily doom or approve any ARC apps.

Since you're running for the Board again, which you definitely should!, it's important to use the language that your documents use. If "consent" is not a word in your docs, it truly should be avoided.

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