Rescinding a BOD motion

EdieL, the Board can always take a vote which countermands a previous vote. But, the motion they passed remains in effect until recinded by another vote. If during those 5 days you referenced the owners received approval for and screened with a lattice then the Board should not ask them replace it.

I agree with Roger. And also, lattice is just as good as landscaping to accomplish the task.

Edie,

If special permission was granted twelve years ago to allow a single homeowner lattice, there have been no lattices since, and twelve years later it's motioned and approved to include lattices "in lieu of plants," (CC&R language), it would seem that this is a CC&R issue.

How can the Board vote to amend a covenant?

Dorothy

Edie,

I was under the impression you were talking about a board-adopted rule. Do the CCRs specifically state what type of screening or just say it must be screened? If the specific type of screening is stated in the CCRs then the board cannot change it; only a vote of the members to amend that CCR provision can change it. That's why I thought you were referring to a board-adopted rule to define the type of screening that would be allowed. This would be a rule to interpret the CCR restriction. In most CCRs, the BOD is given the authority to interpret CCR provisions as long as their interpretation does not change the meaning of the restriction and doesn't violate any other restrictions or laws.

Edie,

Well, there's your answer. The BOD cannot change this requirement; it's in the CCRs. That may be the reason the BOD rescinded the motion to change this requirement. They realized they do not have the authority to make this change. But, even if they didn't rescind the motion, it would not be legal. Anyone could challenge it in a court of law and the assn would most likely lose. IMO, they were wise to rescind the motion.

So the Board violated the covenants twelve years ago. They violated the covenants again. Now they have to figure out how to handle the three homeowners actions of purchasing and installing the lattices based on the Board's errant direction. Do they hold a Special Meeting pronto to try to amend the CC&R's, and hope they get the required percentage to do so? If that doesn't work, do they grandfather in these three lattices, no doubt, much to the chagrin of homeowners who were perhaps planning their own lattices but weren't quick enough. Do they require the homeowners to remove the lattices, and then compensate them? 'Tis a donnybrooke indeed, and all because the Board did not understand or chose to ignore their own covenants. Tsk. Tsk.

Dorothy

Dorothy, I suggest the Board may have the authority to waive those violation of the CC&Rs for which the Board errored. If the Board member who is enforcing the restrictions does not know the restrictions then another Board member should be assigned the job or else hire a professional MA to enforce restrictions.

Edie, screened from view would allow the Board to create a guideline for the ACC to define what type screening was allowable. Whereas screened by shrubbery is specific and does not allow the Board to clarify further.

So a board put out a rule and allowed other improvements that were in direct conflict with the CCR's. Owner went with the new rules while they were in effect for the short period of time. Who pays to have the Lattice removed? Is the BOD responsible for paying for the materials that the owners bought when they thought this was a sanctioned rule? Is this just tough luck for the owner or are they entitled to keep it?