HOA board threatened arc denial before it was submitted

First off what was the ARC request for? It sounds like your already assigning the issue what the problem is. I don't see how telling someone your plans prior to submittal means they are out to get you. They may have told you upfront that what your going to submit is going to be denied. They have the right to say "if submitted I will not approve".

I've had had several conversations with members whom tell me their plans they want to do to their property. Some of them are good and some are bad. I will be upfront and tell them it most likely will not pass if submitted. Doesn't mean they can't submit it anyways. Just most likely without modifications it will be voted down.

We had someone who wanted a basketball goal allowed outside their house. Their neighbor had one across the street. Technically basketball goals are not allowed unless they are portable and put away end of use. The goal they wanted to put up was going to be permanent and in a dangerous blind curve. It put their kids in straight danger. Not to mention drivers whom would not see the kids. Not every home supported the ability to have a basketball goal safely.

I told the person we would deny the request most likely due to safety. They ended up making us remove ALL the basketball goals for every member. If they could not have one then no one could. Does that sound fair or the board being drunk with power? I used to play basketball at the "safe" goal and was not against goals at all. Just ones that put lives at risk.

So don't start harrassing your HOA because you don't get what you want. Your also not going to hold your HOA hostage because you disagree how they spend their money. Get on the board or get off their heels... May get better results.

PS. I expect the OP to show attitude... They are yours Ellen...

Are you familiar with the covenants, conditions, and restrictions that apply to your home, and does your request comply with all of these? If it does not, there is your problem.

Boards are not cliques. HOAs are non-profit corporations with a corporate form of governance, which means that the board makes the decisions. While there can be some board members who are power hungry, by and large being a board member is a demanding, time-consuming, and thankless task. If your board has given you a heads-up that your request will not be approved because it does not comply with your community's CC&Rs, they're doing you a solid so that you don't waste your own and everyone else's time.

In your place, I would read the CC&Rs carefully and the community's Architectural Guidelines if there are any. If my request is not in compliance, I would change it accordingly. If after all that careful reading I believed that my request does comply with all requirements, I would write this up (bullet point by bullet point) and attach it to the request to make it easier for the board to say yes.

1. Take pictures (if possible) of other properties that have the same, or similar change.
2. Resubmit the request specifying, politely, in a cover letter that you are not asking for anything that has not been approved to others in the past.
3. Provide copies of the pictures along with the addresses of the changes.
4. Explain that since the change had been approved in the past, you expect that the board will treat everyone the same and provide similar approval.

Be polite.
Stick to the facts that are specific to the change request.
Remember, worst case you might need to bring legal action to obtain approval - so be civil and specific in the request.

Perhaps have your attorney review your cover letter prior to re submission.

Tina,

In the past you brought up the following on this forum:

Association not accounting for reserves in taxes
Concerns of a conflict of interest since the Property Manager was also a tenant to a board member
Concerns the Bylaws were not being complied with

Based on your past postings about your board, it would be logical to expect some push back from them on. I'm not saying it's right for them to do this, but it is logical to expect this behavior from humans.

This is why I specified to be polite and civil.
Not saying you aren't being that way, but I understand how easy it is to react out of frustration vs. acting upon the issue.
You get more flies with honey and, if you do have to swing a big stick and take the issue before the courts, you want the court (who will likely be ticked that such a case went to court) to direct any ire toward the board and not you.

Hope this helps.

Tim

Thank you Tim. I understand what yo are saying. But CC&R's and Bylaws are to be followed. And the board has to be monitored if they are mismanaging funds, have conflict of interest or being arbitrary. If they are not to follow their own governing rules and choose to be a dictatorship rather than do what they were appointed to do then what? There are laws against retaliation for a reason. They cannot simply follow CC&R's and Bylaws when they want to. They are written to keep the board and members in line.

As for being polite, I have emails sent that were nothing but respectful. I saved them all for proof. . Some of the replies to me have been insulting called derogatory names in capitol letters by board member who said they would not approve. They are all saved . If I had written or spoken in the manner the board member is doing, you better beleive they would throw the book at my and send all sorts of fines and attorneys. The board and management see those derogatory name calling on emails, yet say nothing!!!!

If you have the funds, perhaps you should have your attorney write the reply.

Sometimes, seeing a letter from a legal office can correct the boards actions.
They will likely still mumble about you but, hopefully, do the right thing.