Suspicious ARC approval

In my humble opinion (LOL), and to expedite the process, the affected owner should visit a reputable specialized attorney with every ounce of documentation. Sometimes "the expense saves one's sanity."

There are specific exceptions to the 45 day rule - this application had 2 of the forbidden "automatic denial" items, plus a 3rd item that isn't automatic denial but needs a board exception.

Isn't WHO approves ARC apps in your CC&Rs, Carolyn? Doesn't it specify the Board or an Arch, Committee?

Yes, the project was started. An immediate objection was filed. 4 months later - after multiple hearings, refilings, a stop order from the city for violating THEIR permit
, construction has begun again.

Usually exceptions to any time limits to process an improvement application require a written consent from the applicant.

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Isn't WHO approves ARC apps in your decoration, Carolyn? Doesn't it specify the Board or an Arch, Committee?

Or, somehow, your HOA's contract with the MC permits them to approve such apps?

Ah, but the City has stepped in--good.

Are you, Carolyn the "impacted owner" or a member of the Board, or?

Can you prove that? You may be correct, and from what you've said so far, the odds seem to be in your favor. However, it's not about what you THINK - it's about what you can PROVE.

Like Kerry, I don’t see where the BOARD approved this and you still haven’t said, so we can give you our opinions, but in the end, you will still need an attorney to hash this out because most of us aren't that, and we live in different states with different laws anyway. This will likely end up a throwdown between you, the neighbor, the city, the previous management company and the board, because someone wasn’t paying attention to what was going or let the committee do whatever it wanted for whatever reason.

Interesting that the previous company hasn’t coughed up the association’s 2023 records - you do know there has to be a back story behind that don’t you? I bet money has something to do with it and it may slow down part of this process, so be prepared for that as well.

In addition to getting a copy of the old management company’s contract, get the one for the new company and check if there’s language stating what they’re supposed to do regarding pending ARC requests at the time of the changeover – that may explain why they can’t retract the approval (you don’t know if the employee’s relationship with the homeowner plays into this or not – at least not yet, so focus on getting the paperwork. This is beginning to smell like a big big pile of horse, cat and dog poo – good luck to you.

I do not think this is relevant right now.

Also not relevant.

The only thing that matters is whether the approval unlawfully authorized a violation of the covenants.
Are you saying that what the application requests does in fact comply with the covenants? But then the applicant did not do construction consistent with the application?

If what the ARC application requested was in fact consistent with the covenants, but the owner then did something that violated the covenants (pretending he had approval to do so), then the correct approach is to submit a complaint to the board of a violation of the covenants, then escalate as needed.

Whoever has a problem with this alleged violation of the covenants needs to lawyer up. This forum cannot take you much further on the few hard facts you presented so far, in my experience.

I'm still stuck back at : WHO, according to Carolyn's declaration, approves ARC plans? I see there is a Committee. Doesn't it approve ARC plans? Ours does as is required by our declaration.

What verbiage is in writing in the governing docs or the contract with the MC that states the MC may approve such plans?? I have never seen such a thing in years on this forum.

The ARC committee approves the project. The MC writes the actual letter.