Another ACC appeal question

Regarding appeals, our CC&Rs say “The board will review the ACC decision at the board’s next regularly scheduled meeting (but in any event not later then thirty days after receipt of the notice of appeal).”

So if someone sends in an appeal and the board does not hear their appeal within 30 days, what happens? The CC&Rs does not spell out the consequences of failure.

And yes, someone made an appeal and the board did not hear the appeal at the next meeting and 30 days will have passed when they do get around to it.

Thanks.

Daryl,

It really depends upon what your CCRs or architectural guidelines say. The "30 day" rule is in many CCRs but not all. If it's in your CCRs then the h/o can make the improvement if the request is not addressed w/i the 30 day period and the BOD cannot fine them for doing so. However, if I was the h/o I would certainly wait a bit longer than 30 days -- just for safety's sake! BTW, my CCRs and Architectural Guidelines DO NOT have the 30-day rule, so the A/C can really take as long as they want to approve/disapprove a request although they do address them all at the next meeting. In most instances they let the h/o know of their decision at the meeting, if the h/o chooses to attend, and follow-up with a letter.

I would think that if the board did not respond within the amount of time mentioned in their covenants, it would reflect against the board and in favor of the homeowner (since the board was given an appropriate amount of time to rectify the situati
on but failed to do so)...

I would consider this to be the same as in other covenants where an initial request passes the deadline without notification of approval or denial, and is therefore considered approved.