Hearing in front of board of directors

Started by MonicaM • 6 replies • 1487 views

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MonicaM (Maryland)
Posts: 1

Posted:

I live in a new development (153 out of 393 single homes are built & occupied). The 3 board members are employed by the developer, which means that homeowners have no representation on the board. After installing a storm door with a center piece across the middle, I received a notice of fine from the HOA due to failure of submitting an architectural request prior to installing the storm door. Note that 10% of homes in my development have the same storm door with the center piece and most of them have had them for over 2 years, which means that the HOA failed to address this issue earlier. I then submitted the formal request form to the HOA but was denied. The HOA’s decision was based on a 2 page architectural control guidelines that states that storms doors have to be full-view style (mostly glass) and color to match from door, trim, or siding. This piece of paper is not part of the covenants handbook I received after purchasing the house. Furthermore, the HOA never sent me such guidelines. Now, I’m forced to remove the door and waste over $600. This will cause me financial hardship.
I requested a hearing in front of the board of directors but was informed that the board director that the board has held multiple hearings with other residents on this subject and in each case it upheld the decision to enforce the existing standard/guideline which required removal or replacement of the door. My questions are:
•Do I have any legal grounds or options to change the board’s decision based on the fact that the current HOA covenants do not include or specify this guideline and I never received a copy of such guideline?
•At what point do we have the right to have resident representation on the board so insignificant guidelines can be changed?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By MonicaM on 10/16/2008 10:17 PM
I live in a new development (153 out of 393 single homes are built & occupied). The 3 board members are employed by the developer, which means that homeowners have no representation on the board. After installing a storm door with a center piece across the middle, I received a notice of fine from the HOA due to failure of submitting an architectural request prior to installing the storm door. Note that 10% of homes in my development have the same storm door with the center piece and most of them have had them for over 2 years, which means that the HOA failed to address this issue earlier. I then submitted the formal request form to the HOA but was denied. The HOA’s decision was based on a 2 page architectural control guidelines that states that storms doors have to be full-view style (mostly glass) and color to match from door, trim, or siding. This piece of paper is not part of the covenants handbook I received after purchasing the house. Furthermore, the HOA never sent me such guidelines. Now, I’m forced to remove the door and waste over $600. This will cause me financial hardship.
I requested a hearing in front of the board of directors but was informed that the board director that the board has held multiple hearings with other residents on this subject and in each case it upheld the decision to enforce the existing standard/guideline which required removal or replacement of the door. My questions are:
•Do I have any legal grounds or options to change the board’s decision based on the fact that the current HOA covenants do not include or specify this guideline and I never received a copy of such guideline?
•At what point do we have the right to have resident representation on the board so insignificant guidelines can be changed?

Monica,

First of all you need to be aware of the fact that while the developer (declarant) is in control of the assn he has the authority to appoint anyone he wishes to the BOD. Oftentimes the declarant will appoint members (usually if it's a very large development that will take many years to complete) by they will not have a majority vote so, in effect, they are on the board in name only.

The Architectural Guidelines can be changed either by the Architectural Committee or the BOD, usually w/o a vote of the members. So, it's not unusual for these guidelines to change from time to time. Perhaps they changed over the past 2 years which is why some homes have a different type door. However, the members should always be given copies of any changes. Since there are guidelines in effect and you did not submit a prior approval request, I don't how you could prove having never received a copy of the guidelines.

You may want to thoroughly review your gov. docs and State law regarding the fine. In AZ, a fine cannot be imposed w/o first giving notice and an opportunity to be heard (BOD hearing).

If you are located in Montgomery Co. there is a county commission that will hear HOA complaints. Here's the website where you can obtain info: www.montgomerycountymd.gov/ocptmpl.asp?url=/content/ocp/ccoc/ccoc_law.asp

KirkW1 (Texas)
Posts: 1,665

Posted:

First, any challenge will be expensive. But having said that, there is a chance that you can indeed attack this. In most cases you have a right to actually have a sit in front of the Board. The fact that they have had others do the same and decided to just blindly follow the rules does not negate their obligation to do the same for you.

As a note, the rule book should have been mailed to each unit and probably recorded with he county as well.

But again, the unfortunate truth is that to fight this will require a court case. And as such, you are probably looking at a large lawyer bill.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Monica - if you had requested a hearng in front of the approving board FIRST, all this would not have happened.

One thing that is blaring to me - as an observer, NOT a condo owner - is the "ASK FIRST" requirement rule that seems to be core BEFORE doing anything to one's unit or home.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Monica,

There are new people to associations who don't fully understand how the HOA system works or chose to ignore the system. I feel that you just did not understand how the change to your door was supposed to procede. The fact that there are other doors already changed does not release you from having to apply for a change.

The reasons for other doors being already changed could be numerous. Someone goofed? Some previous Board did not enforce it's documents. Mabe the Developer did not enforce or care to do what he had an obligation to do and that was to enforce evenly. Either way, you did not follow the proper procedure. Once you did apply, the Boards denial was done incorrectly because of a precedent already established. The Board DOES have the power to rewrite the ARC guidelines and they should because of the 10% of already changed doors.

The intent to fine you is NOT being done correctly. You should have recieved a written notice of non compliance with a chance for you to appeal to the ARC committee or to remedy the change to your door.

The really hard news to follow is that your developement has not had turnover from the Developer. He still has full control of the Board and any rules that he wants to play by are his. Would it be worth going to legal with? I surely would not because of the cost. The door would be so much cheaper to change. Not what you wanted to hear but most sensible for right now. Later on you can have the ARC stuff changed once the members take over the asociation.

JeanneK3 (Maryland)
Posts: 562

Posted:

In Maryland, any changes in architectural guidelines must be brought to homeowners for comment before being implemented by a board. If the board is allowing some homeowners doors and not you, you may be able to file a discrimination suit. Check your own documents to see if fines are allowable and Maryland law before doing anything. You can get to Maryland HOA law through www.marylandhomeownersassociation.info, laws.

GlenL (Ohio)
Posts: 5,491

Posted:

Monica, as others have pointed out the whole thing could have been avoided if you had followed the proper procedure and had the door approved before you installed it. You can call the company that installed it and see if they can swap the door out for a reasonable fee or if everything is as you have stated you can sue the BOD in small claims court. To file a case here costs under $50 and you can argue it yourself. Walk the neighborhood and photograph all the doors that are like yours, this is your evidence that the door has been allowed. The onus will then be on the Declarant's BOD to prove that everything was done correctly.

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