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BarbaraM9 (Florida)
Posts: 5
Posted:
Can newly appointed Board of Directors reverse a decision that was made previously by the past Board of Directors? Our HOA recently held its Annual Election/Meeting. There are 6 new people, and 3 current Directors.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,
You need to give us ALOT more information on this. Was it a Budget , enforcement, contract or what kind of a decision. Was it already implemented or still in discussion. Was there a contract or a rule decision? Something strictly a Board decision?
BarbaraM9 (Florida)
Posts: 5
Posted:
DonnaS,

Thank you for responding. The last BOD made a decision on a homeowner who had his siding partially replaced. They finally decided in the March 2008 meeting that his repair job was not consistent with the rest of the neighborhood (Violation #2) as stated in the CCR's.

First, he did not submit an Architectural Approval Form to get approval (Violation #1), but went ahead and did the repair work. He removed an architectrual element over his front door due to leakage and water damage, then had the area resided. The new siding (2005) did not match the old siding (2000) due to sun fade. This has been going around and around since 2006 (it was not reported in 2005 because the walk-around inspection was done by the homeowners' girlfriend who is on the BOD, and she did not make note of the siding color difference). A new person did the walk-around inspection in 2006 and noticed the color difference.

That's when the games began. Now, there are new members of the BOD, and we don't know if they will stand behind the past BOD's decision to make him fix the problem. So, once again, my question is can a past BOD decision be reversed by a new group of BOD members?
GlenL (Ohio)
Posts: 5,491
Posted:
Can they? Yes. Should they? No. The new board should enforce the covenants notwithstanding the H/O's girlfriend being on the board.

Studies show that 5 out of 4 people have problems with fractions
DonnaS (Tennessee)
Posts: 5,671
Posted:

Barbara,
I remember last year when you were posting this. The answer probably was the same as it will be now. You have ARC guidelines to have a standards for following and that is what you should do--follow the guidelines that are in your governing documents. It doesn't matter who or why they were not approved at one point. Setting a bad precedence will come back to haunt your Board and following Boards, just as it is doing right now.
MaryA1 (Arizona)
Posts: 7,043
Posted:
04/11/2008 10:32 PM Quote Reply

Barbara,
I remember last year when you were posting this. The answer probably was the same as it will be now. You have ARC guidelines to have a standards for following and that is what you should do--follow the guidelines that are in your governing documents. It doesn't matter who or why they were not approved at one point. Setting a bad precedence will come back to haunt your Board and following Boards, just as it is doing right now.

Barbara,

I certainly agree with Donna that the A/C guidelines must be enforced. But, common sense should also prevail. The h/o had damage to his home which forced him to remove a portion of the siding. The new siding is somewhat lighter in color because of age of the old siding. Is this really an eyesore? Would you insist he replace the siding on the whole house? The fact that he did not recieve prior approval b/4 doing the work should not enter into the decision. Wouldn't the new siding have been approved if it was the same color as the old? This happened at least 3 years ago -- is the color really that different now that the new siding is not really new anymore?
BarbaraM9 (Florida)
Posts: 5
Posted:
Yes, it is still the same old problem from last year. And I beleive that this should all go by the book. Write him up, them start due process proceedings for non-compliance. What really pushed me from being a little bit empathic was the co-owner (the son) stood up and told the BOD to kiss his A--! He wasn't going to fix a thing.

The new siding is not lighter but much darker then the old siding, and it can be seen from 40-50 foot to the other side of the housing section. I'm thinking it will fade in time too, but yes it is still very noticable. We are moving in June and I'm resigning from the Board shortly, so hopefully I won't have to look at or hear about it ever again.

I just wanted to know if a BOD decision could be reversed so I could pass it on to one of the remaining BOD members. Thanks for your input. I'm a firm believer in common sense, but when it comes to out right arrogance, thinking his ace in the hole is his girlfriend's presence on the BOD, I want to beat a few drums.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Any motion can be amended or recinded by the same body (members) who voted its approval.

Having said that, repairing siding can be a pain, especially if you are trying to "match" a previous same color. How could that be a violation? Should he now be foreced to replace the entire siding, because a portion of it does not match?

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