Arch Form CC&R's...??

Some of you may remember me; we installed a washer and dryer in 2005 and are now being told we have to remove it by the BOD because of potential structural problems. The BOD Prez, her friend and one other person have been told they can keep there and that the HOA would work with them if any issues arose.

In talking to the HOA management company I was told I could submit an arch request form to them. I submitted one via e-mail to the HOA Manager on 10-3 with the form and some attachments. In the e-mail I asked him to notify me if they would need further information or documentation. I never heard anything. We went to the next HOA meeting and during the arch report we were not mentioned but another homeowner was.

Tonight I looked at my CC&R's and it says that the board has 45 days to reply to the applicant or 45 days to request further documents or the applicant can consider the plans approved.

"Decisions of the committee and the reasons therefore shall be transmitted by the committee to the applicant at the address set forth in the application for approval with in forty-five (45) days after receipt by the committee. Any application submitted pursuant to this section 4.2 shall be deemed approved unless written disapproval or a request for additional information or materials by the committee shall have been transmitted to the applicant within forty-five (45) days after the date of receipt by the committee of all required materials."

Am I interpreting this correctly? If so, how do I now proceed with them? I did get an e-mail reply from him on 10-7 that he was going to submit the packet to the board for review. I sent them to him on 10-3 which would make tomorrow 45 days from when I sent it. Since I sent it via e-mail is it safe to say that the receipt of delivery date is 10-3, or would it be the date they acknowledged receipt 10-7?

The decision is to be made by the COMMITTEE within the time frame ---- so what date did it get to the COMMITTEE (not the PM)?

I sent it to the Manager on 10-3, he sent me an e-mail that he got it and would give it to the board to review on 10-7, the next board meeting was 10-9. So the 45 days would work like this:

From date of receipt - 11-21 is 45 days
From HOA meeting and when given to the board - 11-23 is 45 days

Should we allow time for the letter to arrive? Does it matter from when we get it or when it is postmarked. So if they mail it say today, with in-45 days, and we get it mid next week, does that mean we were notified with in 45 days?

Yes, I thought that too, but it doesn't specify business days. It only says 45 days...

AH Kim!
You have the tiger by the tail and don't know when to let loose. Your questions are resonable albeit it a little late which makes it uncomfortable. You followed the rules and played the game and rightfuilly expect all ionvolved to do the same thing. Probably they won't, but, you have come this far, you have to press on.

May I suggest you send to the Board, by registered mail your complete request you are looking to get answered. Include your justification as per documents, your compliance, and a request for a prompt reply. You may want to go to a Board meeting and read this request and ask the Board for a response. Either way, keep a paper trail, and see what happens. I feel the Board would have to capitulate and approve your request. They may try and stonewall you, don't let this happen, get your request at the Board meetings entered into minutes. Don't be afraid to drop a hint that your next step is an attorney and do it if you don't get what you want.

I suspect the Board may be sandbagging you and have an ace up their sleeve. Have no idea what this could be, but your documents, as all documents are open to interpertation. So be it, the ball is in their court and time for them to make a move. I believe your treatment is this issue was a poor choice for the Board to make. They should have offered a solution to make all happy.

Do not enter into any argument with the BOD or M/C is there is one. Document all your contacts and try to get written responses to everything you do.

KimM8,
I like your attitude and also like your conclousion to wait a while and see what developes. I also think the next board meeting should have given them plenty of time to respond, and I would be there to extend my paper trail by requesting your issue be part of the minutes. I am impressed that you don't think the world is going to fall apart because the Board may be playing politics with you, and your sense of humor is intact. I find their position to be untenable and think they know it, however, being cool is the way to go. You might live there a long time and making enemies is not the thing to do, whereas, knowing your rights is the thing to do, Good luck.

Ha, "the only thing that is the end of the world is the end of the world". Why be upset! All I can do is give them a good fight, if I lose the battle, so be it. But I still have a lot of fight left in me!

I've done angry and I've played the hunter and it got me no where. Why grab the tiger by the tail and use so much energy to fight if I don't have to...

I will play it cool and see what happen's, I still have a pretty good hand! Sometimes I fancy they didn't reply on purpose, in a way to under-handedly help us, with out upsetting other homeowners. But that is speculation and fanciful.

If it were me, I would simply keep a couple backups of the contacts that you have had. And get a copy of the minutes of any and all meetings. I would not mention anything about why I wanted the copies. I would simply request a copy of such and ask what the fee is.

Then I would just keep my mouth shut and let the thing drop. I would not be surprised at all if the explanation that they are tired of this is exactly right. And sometimes the best way to deal with the squeaky wheel is to ignore it and hope it goes away. Their failure to act is your permission. And they have not given you their permission.

They likely believe that you won't go away if they fail to approve your washer. And they also don't want to publicly approve your washer. And if this lets the matter drop while saving them face, that is a small price. One washer didn't create the problem anyway.

So it's been 63 days since the HOA meeting (receipt by the BOD) since we sent out Arch form. The CC&R's say they have 45 days to reply.

Last month I never got an e-mail notice from the BOA prez like I do every month about the HOA meeting for November, I also checked where they post the agenda by my house before the meeting and there was never one posted. I assumed there was no meeting.

I got an e-mail a few days ago about the December HOA meeting and the agenda read that the November meeting minutes would be approved. I am concerend if they reviewed our arch form during the November meeting and we weren't present...would this impact the outcome? Would be have needed to be present at that meeting, or would that be a moot point?

Thanks!

Kim

MaryA and Kim,
I would tend to see this situation in a different light. It has been going on TOO LONG without explanation. If you receive a notice of each meeting Kim doesn't that mean the Board Meetings are open? Can't you attend each month and bring the issue to the floor? If you hope to resolve this at some point Kim, and if I recall right, wasn't it discussed in past threads how you are going to have to push for resolution and wasn't that what you wanted or still want. MaryA, I think from the past posting we have to assume the Board has some culpability in this. Kim asked for resolution from the Board, and there has been no resolution and no explanation. Granted we are not privy to both sides of this but the single issue of the Board not responding and not resolving the issue seems clear cut, the rest could well have all kinds of ramifications.
Why on why can't you find out if there was a meeting Kim and also if your issue was discussed? If they was a meeting and your issue was discussed ask formally why you weren't notified? Keep a written record. Kim, if you care enough and have exhausted all your options with the Board and have good records I would hire an attorney to draft the Board a letter asking for a response to your problem. Depending on their answer I would then decide if you want to invest more money. I will go back and read this thread again and see if anything else stands out.

I did send an e-mail to the HOA manager today at the management company following up. we have a HOA meeting yesterday so that has been three since we turned in our Arch form. I am still waiting to hear back from him, but hopefully he will respond with something. I would call, but I would like to have something in writing from him for my records...

I will look into the davis-sterling info, I have read some it before, but it's been a while.

Kim,
It is nice to see the log jam starting to move. You did good. Do not expect this response from whoever to mean anyomre than the ther run a round they have given you. Just keep watching and keep making notes and records of who you talked to etc. I think I would call this man up, ask for a personal meeting, present him with a wrtten summary of your problems, list your questions and describe why you ask. As he answers take notes. The digest what he says and wait till Jan for Board action. If you don't hear anything by first part of Jan call him and ask when you can expect to hear? See what that brings, do all this in a business fashion, no coffee at Starbucks, no hey Joe, what have you got for me. I think you got some movement, just keep the pressure on.

His response, offhand, is a little to reckless or casual. Doesn't have a concerned cntect.

Keep the BOD president out of it, leave the Board in it.

Kim,
You have been very patient through all this. Time to rest on your laurels and sit a spell. I think you got what you wanted, you did a service to the community. Don't waste your time at this point with he said what to you.
They are sending out a letter about the issue, that will be of course in hard copy, something you can take to the bank if things turn not to your liking. In the meantime, think seriously about getting involved with your Board. If you really can't do this then you must take measures to voice your concerns and take steps to change them a little or a lot. The very best way to change this stuff is to infiltrate and work from the inside out and you will find support as you go along.