Can a new Board recall a previous Board decision?

Started by PaulM • 6 replies • 2050 views

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PaulM (Pennsylvania)
Posts: 1,347

Posted:

We are going through a situation now with a 2004
architectural change of a small deck extension to our unit. The change request went through the proper channels for approval, was approved and erected in 2004, two years ago!!!

Now, in 2006, with a new Board, they are demanding we dismantle this small deck which has been functioning for two years with no problems. Further, it is erected of a wood composite material which is included on the CURRENT Approved Architectural Request List.

This new Board has decided they want all deck extensions made of concrete so they are recalling ours and want it taken down.

What does the HOA family say about 'grandfathered' approvals, and is there anything in Roberts Rules of Order or other official documents which would speak to this issue. Thanks to all for your insights. They are always helpful.

PaulM

JulieS (Georgia)
Posts: 412

Posted:

It's approved and been in for two years, I don't think they can do anything about it.

RogerB (Colorado)
Posts: 5,067

Posted:

Paul, as long as you have written proof of approval they can not make you remove the deck. Have they offered to pay to remove and replace it?

BradP (Kansas)
Posts: 2,640

Posted:

Paul:

If it is signed, sealed and delivered you are ok. Like Roger said if they don't like it I would listen to offers to remove and replace it to their approval at their expense.

HaroldS (Arizona)
Posts: 906

Posted:

There would be chaos if a present board were able to reverse previous architectural approvals. Always keep your approval letters in a very safe place. Harold

CharlesW1 (Georgia)
Posts: 826

Posted:

PaulM,
I’m glad to see you have gotten some advice on this particular topic. It confirms my beliefs which would be just that. It was approved by the board that made the decisions at the time it was approved. I would copy your approval that you got from them. Send it to them certified! So you get a signature from them saying they got it.

I don’t think they should even be able to remove it if they pay the expenses either. What about the hundreds and thousands of dollars spent on the materials alone, not to mention your time! If they agree to pay the expenses to remove it are they also going to pay you for materials and labor?
There is no way I would allow them to remove my deck that the previous board had approved. That is just ridiculous. I can’t believe any BOD would go through so much trouble or something like this. That’s just WRONG!

You are in the right. I don’t believe they have a leg to stand on with this one. Especially if you have your approval letter!

Chuck W.

Charles E. Wafer Jr.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

PaulM,

The Board absolutely cannot reverse your deck extension. This is a permanent modification, and from what you explain, all protocol was followed. If anything however, the board may require you pay the difference between what it cost you to put in the extension out of wood and what it will cost them to put in the extension out of concrete. Perhaps wood costs less, and that concept is moot. Dot your i's, cross your t's and provide them proof you followed the proper protocol and don't sweat it at all. The Board doesn't have a leg (or deck post) to lean on in this situation.

Best of luck,
GeraldT1
NNJ

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