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KarenS11 (Florida)
Posts: 148
Posted:
Today we discovered that a homeowner has contracted for new windows, but not gotten ARC approval. A dumpster was placed in their driveway last Friday, with signs of the company that will be doing the work.

We have contacted the company that has been hired to install them and they said that they are aware that an ARC must be approved and the family needs the okay of one more neighbor before giving it to the ARC for approval. The window company has stated that they have applied for a city permit, but it does not show up on the city website at this time.

We do not have fining authority. If they begin the job without the ARC approval, but WITH the city permit- can we go to court to stop the work until the ARC has been approved? How quickly can we get an order for this?

And how do we find an attorney who knows the ropes in this area and can hit the ground running?
MicheleD (Kentucky)
Posts: 4,491
Posted:
You not only can stop them, but you should stop them.

We have issued several "Stop Work Order" letters over the past few years.

I'm sorry you don't have an attorney readily available, but you really do need to get one in case they continue to ignore you.

We send the following notice: (Note we also include copies of the CC&Rs that gives us the authority for the process AND the part of the CC&Rs that show that we can recover all attorneys fees in the event we have to resort to legal action for enforcement.
---------------------------------------------------------------

Name
Address

Re: Unapproved construction -- Stop Work Notification

Dear XXXXX:

We have been notified regarding construction in process on your lot at the above address. The XXXXXXX Covenants, Conditions, and Restrictions do not allow any lot improvements, including but not limited to decks, room additions, patio covers, outbuildings or fences, without prior approval from the XXXXX Architectural Committee.

Residents must apply to the XXXXX Architectural Committee for a permit and receive approval prior to construction. This is to ensure that any proposed project is in compliance with established guidelines.

As we do not have a permit request for your current project, nor has the XXXX Architectural Committee approved any plans for improvements on your lot, we must request an immediate halt as of the date of this notification to all construction until the approval and permitting process is completed.

If the construction is not halted, and request for XXXXX permitting and Architectural Committee approval is not obtained, the work currently underway will be considered out of compliance. We regret we must then proceed with legal action to have the unapproved construction removed and the lot returned to the condition in which it existed prior to the current construction. As we would prefer not to spend Association funds in this way your cooperation is appreciated.

A copy of blank XXXXX Architectural Committee Permit and Approval Request forms is included for you convenience.

Best Regards,

HAND DELIVERED XXXXXXX, 2007

DJ1 (Ontario)
Posts: 798
Posted:
While the suggested letter to the homeowner is within the authority of the HOA I doubt contacting the contractor about this homeowners PRIVATE contract is. If it causes a problem between the homeowner and the contractor where either party then doesn't follow thru on the contract and a lawsuit develops someone's lawyer may include the HOA in some lawsuit for break of contract. A stretch, maybe, but why put the HOA into that position. What is between the homeowner and the contractor isn't the issue, what is between the homeowner and the HOA is. Deal with it from that point imo.
KarenS11 (Florida)
Posts: 148
Posted:
That's a good point, DJ1. I am dropping by our PM's office this morning and will ask them about it. Since the company has posted signs on the lawn, I don't think liability would be an issue. I also think, from the company's point of view, I would much prefer a friendly heads up via a phone call than getting my crew out there and beginning the work only to have a stop-work order slapped up. But it's a question to ask.

I know that there are several companies that do work here that actually walk the homeowners through the ARC process, even complete the forms for them.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Karen,
Even tho I am a strong supporter of getting ARC approval (I wrote the ARC guideline manual for my HOA) these are windows, probably using the same openings as before. Has the ARC had a conversation with the owner? This sounds like a good example of NO COMMUNICATION. Sure, the Dude should have gotten approval but these are replacement windows. If they are high energy approved, the the State will be thrilled with this. Stop al of the run around and go right to the owner, not the contractor or lawyer. The contractors who work in your area normally understand the process and ask for the approvals but this one just slipped thru the cracks.
KarenS11 (Florida)
Posts: 148
Posted:
Donna-

Donna-

We don't know- the dumpster and the sign just appeared on Friday.

As I have been called an "effing" nazi c-rhymes-with-runt by a renter when I went to take a pix of an outside deck with a deteriorating indoor dining table and chairs (at the request of the PM) two weeks after I had discussed it in a friendly manner with the renter. And was referred to in a meeting as the gestapo due to a request that Christmas lights be removed in March and 20 foot scaffolding be unpadlocked and removed from the front yard of a dwelling, I have deferred that responsibility to the new PM company handle it. (Emphasis on NEW!)

This place has been the wild west, but not any more. The word has to get out that we follow our rules now. Period. It isn't personal any more, it is business. We don't selectively enforce any more. New board, new PM.

In the past year and a half we have had community events in our park, clean-up days, requested input and ideas, set up a website. Much has been done to foster communication. The folks who have become involved get the friendly phone call or drop by inquiry, not in lieu of, but before the PM will contact them. They have indicated that they want to be part of the neighborhood and we have not needed follow-up by the PM. The ones who just want to live here and pay their assessments are not treated more harshly, but they have indicated that they want a more arms-length, professional relationship with the association. No, the board president doesn't go knocking on the door any more unless I know the resident.

Slowly, but surely, though, we are beginning to establish community here. We now have a separate landscape committee for the first time since I have lived here and two have stepped up offering to be part of an ARC committee. We have 15-20% reperesentation at meetings now vs 0-3% before the board transition.

Little steps!

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