Is there a Statute of Limitations?

We have had a number of different complaints brought to our HOA Board of seemingly ridiculous items that are pitting neighbors against neighbors. Our once wonderful neighborhood is turning into an angry bunch of people over silly things.

For now, we'll just concentrate on one question.

Two years ago a home in this neighborhood was bought and in the contract the buyer stated that the home beside him had a patio cover and a retaining wall which was an eyesore to him-and said that since it had not been approved in writing by the Architectural Approval Authority it made it a covenant violation. He (the buyer) asked in his contract that the violation be corrected by the patio cover being removed and the retaining wall being redone in rock rather than RR ties. Our developer, who was also acting as his realitor, agreed to his contract simply because he was desperate to sell the house which had been vacant for almost a year. ( We would like to add that the patio cover and retaining wall is very attractively done and everyone in the neighborhood thinks it's great)

So, almost two years later, he notifies the board of his complaint and now wants the board to correct what he deems as a covenant violation.

OK. So our question is this: Because of the amount of time which has passed (20 months to be exact) do we really need to even address this matter? Surely, these people who have had this patio cover and RR ties in place
now for over 2 years don't have to take it all down?

Hopefully, this situation can be resolved quickly.

Thank you for your time.

CjH

What was included in the sales contract is between buyer and seller. Neither the buyer nor the seller can obligate the association in that manner.

On the other hand, a violation of the CC&Rs is a violation. Likely, the association has the responsibility for enforcing the provisions in the CC&Rs. Accordingly, if either the seller or the buyer asked for enforcement of the CC&Rs against the neighbor by the association, the association is obligated to investigate and take appropriate action.

The two years wouldn't nullify the obligation to enforce.

You should check the specific language in the CC&Rs and the case law in your state.

Thank you Gerald T4 for your quick reply. You were right on!! We will request a copy of the contract.

You asked: "Is the claim that there was no architectural approval accurate?"

In the covenants it states:
The Architectural Approval Authority shall respond in writing to the Applicant within 30 calendar days after receiving the complete plans. The response may approve or disapprove the plans, approve the plans with conditions or make recommendations for changes or adjustments deemed necessary or appropriate by the Architectural Approval Authority. If the Architectural Approval Authority does not respont do the Applicant within 45 days after receiving any plans, the plans shall be deemed approved. However, there was no WRITTEN approval. But, would there have to be written approval with the way that covenant is stated?

Yes. The patio cover homeowner did submit the plans to the Architectural Approval Authority (which was solely and only the developer himself) and then waited 45 days to which the Arc. App. Auth. did NOT respond. They assumed it was approved and proceeded to build.

The covenants do NOT say that patio covers are not allowed.

And yes, the developer was in control of the association at the time. In fact, the HOA Board had not even been formed at that point at all.

We really appreciate your answering our questions. We're kind of stumped with this one. The homeowner making the complaint is obsessed with this whole thing and is demanding the board to fine and make the homeowner take down the patio cover.

Oh, and one more question. The homeowner with the patio cover and RR tie retaining wall had that all in place before the buyer ever bought. Can people actually look at a prospective home to buy, and put in their contract that they don't like something about the home next door and they'll buy the prospective home if the neighbor will change or take out whatever it is they don't like? (Don't know if I'm making myself too clear or not, but hopefully you'll understand what I'm trying to ask.

CjH - If it were me, I'd recommend the Board provide all the facts to the owner that is complaining, including the fact that the Developer did not respond to the owner's original ARC. App within the 45 days, sighting the covenants, etc. Your question, "Can people actually look at a prospective home to buy, and put in their contract that they don't like something about the home next door and they'll buy the prospective home if the neighbor will change or take out whatever it is they don't like?" My answer is YES buyers can try to include whatever contingencies they want in a sales contract however they have no leg to stand on to enforce a legal restriction, especially upon land they do not own. In your case the owner bought the home. It sounds to me like the owner is seriously deficient in real estate and association laws. Your board needs to provide the education. Based upon everything you've stated the owner has absolutely, positively, no leg to stand on this one. I would be very clear in writing to this complaining owner stating, "At this time, now presented with all the facts, the entire Board, and the association attorney, unanimously consider this matter forever resolved with the association. Please consider the same."