Veto power?

I have just purchased a 30 year-old home on a nice lot bordering a golf course in a new community with a HOA. Our architectural plans have been submitted and will be reviewed next week. The rear of the lot comes to a point (diamond shaped) between the 2 adjacent lots, and we do not have a long rear 'frontage' on the golf course. There is a second floor rear balcony in our plans that in my opinion is the nicest part of the house. The architect was very meticulous in not siting the house where it would obstruct neighbors views of the golf course. Further, the balcony is constructed at an angle and closed off by solid wallls on both ends that do not allow a view into neighbor's homes or rear pool/patio areas, but do allow visualization of their rear yards.

The bylaws do not specifically state rear balconies are forbidden, so the architect drew one in. Since then, we have been told by friendly neighbors that the ARC "does not allow" rear balconies. Even so, we know of at least one new home in the same community that WAS allowed to build one.

Does the ARC have the legal right to reject our rear balcony if our neighbor complains we could potentially look into the back yard of their lot? Does each neighbor essentially have a veto on what specifications of home their neighbors can build?

Benjamin, the ARC has the power to not approve anything which is in violation of their guidelines or which is not "of acceptable quality or in harmony" with the subdivision. They should listen to complaints by neighbors and while their comments should be given considerable they do not dictate whether or not approval is granted. Following is an example of a form we use for modifications once the home is completed(formatting probably will not be preserved). Prior to completion the Developer usually can approve whatever they chose.

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__________________________ Homeowner’s Association, Inc.

REQUEST TO MODIFY EXTERIOR OF PROPERTY DRC Form 1.1.06

Reference- Declaration, Article Six. Design Review Committee (DRC)

Address: ______________________________________, Phone: _______________

Submit this request in duplicate to: DRC Chairperson or if not available then to another member of the DRC which is listed in your Homeowner’s Directory, or to the managing Agent.

I understand that approval in writing by the Design Review Committee (DRC) is required prior to proceeding with any exterior modification; however, the request shall be deemed approved if a response is not received within 30 days after complete submission of all information required by the DRC. This approval expires one year from the date of approval. Also, I understand that DRC approval does not constitute approval by any other jurisdictional authorities.

I have discussed these modifications with all immediate neighbors who would see them and have attached their written comments to this request. The affect on their property will be considered when the DRC makes their decision. I AGREE (1) that failure to discuss these modifications with my neighbors or failure to submit negative comments, shall be grounds to require redoing or removing modifications made; (2) to maintain proper drainage away from my foundation and to not impede proper drainage on my lot nor to divert drainage on to any adjacent lot; (3) to complete improvements promptly after receiving approval; and (4) upon completion to promptly advise the DRC in writing. The DRC will inspect and confirm that all modifications were completed in a satisfactory manner and in accordance with their approval. If the modifications do not comply with the approved request, I AGREE to change the modifications to bring them into compliance.

By: ________________________ ______________________________ ________
Homeowner’s Printed Name Homeowner’s Signature Date
_________________________________________________________________________
Requested modification -provide plans, specifications, paint chips, materials and other information to completely describe.
For modifications to be done by a Contractor provide their name, address, and phone number.

Attachments are: ______________________________________________________
_______________________________________________________________________

_________________________________________________________________________
DRC Action: _______ Approved

_______ Approved subject to the following requirement(s):

_______ Not approved for the following reason(s):

By: _____________________ _________ By: __________________ _________
DRC Chairperson signature Date DRC Member 2nd signature Date

If this request is not approved, the Owner may appeal to the Board of Directors for a Hearing on their request.
_________________________________________________________________________

Did anyone notice the content of the very first sentence?
I have just purchased a 30 year-old home on a nice lot bordering a golf course in a new community with a HOA.

First problem: The person bought a 30 year old home. Bordering a new community with a HOA.

What does the HOA have to do with this house at all. He /She states bordering a golf course with a hoa.

Since when does a hoa have anything to do with anything outside its borders? Folks read before you write. Or straighten me out please cause if I was on the BOD with this person I would instantly attempt to find out if they are a member or just a neighbor of the hoa?

Benjamin - Seems like you are bending over backward to appease these neighbors. Did you get to weigh in on your neighbor's home? Why are you concerned about the neighbor's view through your property? Don't they also have a golf course view? Your ARC has already allowed another balcony similar to what you want. They've established the precedent and would have a hard time refusing you - especially in light of your appeasements. Actually, if that's what you wanted to do, you could stare into your neighbor's yard just as well from any second story window facing their yard. That's a hazard of living next to two story homes. I think you are being more than accommodating. Harold