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LauraL3 (Arizona)
Posts: 21
Posted:
Just went thru another meeting were manners were left at home,so befor we have to go thru another one I need help with interpretation our ccr. We are a townhouse community with 51 units built in the 60's. The section being brought up states:"No building, fence,wall or other structure shall be commenced,erected or maintained, until the plans and specifications, showing the nature,kind,shape,height,materials,floor plans,location and approximate cost of such structure shall have been submitted to and approved by the board of directors." A homeowner believes the board thru this statement has the right to approve or disapprove interior renovations. This person also feals its the boards duty to call the city to make sure that the owners have gotten permits. The current board fells we have jurisdiction on exterior only. We are not even sure if we have the right to ok new windows and doors. I need everyones opinion on this.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Laural,

Well, it depends--on what your governing documents state. Normally in a townhouse situation, the owner can do interior remodeling without any ARC or Board approval. Meaning like a kitchen, bath, floor remodel would not need approval. Inside modifications do not need permits as well. If your are doing wiring or plumbing changes, the contractor will be licensed but permits usually are not required for that as well unless your city or municipality requires them, which is overkill for interior changes.

There may be restrictions in your documents which state that upper units may not have hard surfaced flooring except in the kitchen and bath areas. That would be something that needs approval by the Board or ARC if changed .

The window question is always a stickler. Your documents will spell out who is responsible for repair and replacement of windows and doors. Here again, normally in Townhomes, that is owner responsibility but must follow the rules on what materials and colors they must be.

So I would say that your Board is correct in that they have little or no jurisdiction over the interiors.
HB (Oregon)
Posts: 143
Posted:
I would say the Board has jurisdiction over the exterior only, which may include windows/doors if if they are part of the exterior of the townhome.

It is the duty of the homeowner to get the proper permits, however I do think it is always a good idea for the Board to contact the city to verify what permits are required and make sure the homeowner submits copies along with their application for approval.
RogerB (Colorado)
Posts: 5,067
Posted:
Laura, the Board is not involved in approval of any interior change and is not be involved with any of required City permits. The Architectural request form may state that the owner is responsible for obtaining anyother approvals required. Check your Declaration of CC&Rs. Approval of the Architectural committee usually is required for anything exposed to the exterior, including doors and windows.
RichardP13 (California)
Posts: 1,767
Posted:
Quote:
Posted By HB on 01/16/2010 10:33 AM
I would say the Board has jurisdiction over the exterior only, which may include windows/doors if if they are part of the exterior of the townhome.

It is the duty of the homeowner to get the proper permits, however I do think it is always a good idea for the Board to contact the city to verify what permits are required and make sure the homeowner submits copies along with their application for approval.

I am a little confused. Your first sentence say the board should have jurisdiction over the exterior only, while the second second is saying the board should contact the city for the required permit to make sure the proper paperwork is submitted for approval. Approval for whom?
HB (Oregon)
Posts: 143
Posted:
Verify permits in relation to exterior modifications.
Approval for exterior modifications.
MaryA1 (Arizona)
Posts: 7,043
Posted:
Laura,

The CCR restriction you quoted pertains to building a new home not exterior renovations. Many s/d's have vacant lots whereby the new home construction would be required to be approved by the A/C committee. My HOA is about 15 years old and we still have several vacant lots. If they were to be sold and home constructed the new owner would have to get approval of all stages of construction from the A/C Committee.
LauraL3 (Arizona)
Posts: 21
Posted:
Our CCR"S have not been updated since they were written. My feelings are there is nothing written that would give a board any power over someone's home interior. That would be a real invasion of privacy. Just wondering if anyone had CCR's that would allow such invasion.
HB (Oregon)
Posts: 143
Posted:
I don't know that I would call it an "invasion of privacy". Were talking modifications, not snooping in your underwear drawer!
Our CC&R's only require approval for exterior modifications. I don't know why it would matter to an HOA what the inside looked like unless it was something specific in the CC&R's for attached homes (ie. wood floors on a 2nd floor type thing).
DonnaS (Tennessee)
Posts: 5,671
Posted:

Laura,

Whenever there is a shared common element (your central wall with the other townhouse) that might fall under the HOA's jurisdiction, thus they have the duty and right to inspect that part of the interior. This is not an invasion of privacy but their fidutiary duty to maintain the integrity of the structured common element.

IF, they are looking inside of cabinets, closets, then you may have a case on invasion of your privacy but in this type of structure, you need to accept the fact that it is what it is and not a reason to get worked up about it. You are in a HOA and you signed documents allowing the HOA to function according to your documents.
GeraldT4
Posts: 1,022
Posted:
Further to Donna's post, certain interior modifications can have an effect upon the shared elements, or compromise the integrity of the unit itself thereby affecting the overall look of the HOA.

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