Rescinding an approval

Started by WilliamH1 • 5 replies • 1883 views

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WilliamH1 (Pennsylvania)
Posts: 7

Posted:

Can a board rescind an approval that has been given to a homeowner in writing? The reason given was a board error in process and no wrong doing or misrepresentation by the howmeowner

BradP (Kansas)
Posts: 2,640

Posted:

If the homeowner followed proper procedure and the board screwed up then there is nothing you can do. I would suggest talking to the homeowner if it is a big deal and see if you can work something out.

WilliamH1 (Pennsylvania)
Posts: 7

Posted:

I am the homeowner. I have an approval they are now trying to rescind. This is after I submitted modifications based on recommendations from a board member and the property manager. The builder still holds the entire board. They are acqueising to pressure from my neighbor who is on the Architectural committee and was the driving force behind my initial denial and is still trying to have my app denied.

RogerB (Colorado)
Posts: 5,067

Posted:

William, I would certainly consider rescinding the approval when an error was made. If an action has already occured based on the approval then any cost for correction which may be taken should be paid the association. And I would not try to force changes on an approved action.

CharlesW1 (Georgia)
Posts: 826

Posted:

I would have to agree with Brad on this one. Unfortunately mistakes will happen, that is one of the reasons why the CC&Rs requires there to be more than one person on the board as President, Vis-president, and Treasure. It’s an approval from more than one person so essencial multiply members of the board overlooked this as well.
If it something that is going to affect the rest of the community then I would speak to them concerning it. If not then it was a mistake, which will have to dealt with!

I hope there is something that can be done in this situation. Keep us informed as you what happens.

Best of luck
Chuck W.

Charles E. Wafer Jr.

HaroldS (Arizona)
Posts: 906

Posted:

WilliamH wrote: "The builder still holds the entire board." It is a neighbor on the ARC that is fussing about this approval. I would assume the builder also still controls the ARC. But obviously the builder overruled the neighbor which is his prerogative. That's why I always say: If you want changes, request them while the builder is still in control. Put your approval letter in a safe place William! Harold

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