Request for Architectural Change 30 day response limit

Started by ThomM • 9 replies • 1778 views

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ThomM (Georgia)
Posts: 5

Posted:

Our covenants state that the Architectural Change Committee has 30 days from the time it receives a request to give a response. We have a box which is accessible to the community where they can deposit these requests and it is checked at least once a week.

We receive a request which was back dated and now the requester is claiming we have been negligent and his request is 44 days old and is considering the request approved because we didn't respond within thirty days of the date on the form.

Has anyone had this difficulty before? Please also be aware that the request was submitted several months ago and denied.

Thanks

MaryA1 (Arizona)
Posts: 7,043

Posted:

Thom,

If the board has proof that the request was denied and the denial was well w/i the 30-day period, then the law is on the side of the HOA. The member must abide by the decision of the BOD if that decision was made w/i the 30-day limit as specified in your gov. docs. If, on the other hand, the Board failed to honor the 30-day limit then the member may make the architectural change even though it was eventually denied. Whatever is specified in the gov docs rules!!!

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thom,

It looks like you have an association scoundrel amongst you. I dislike these kinds of people---aways trying to beat the system.

First of all, you need to change the 30 day statement to include a reasonable grace period in case of holidays, etc which would relieve any pressure from this kind of applicant. Next, bring him before the committee and tell him point blank that the box was checked at such and such a time and that his application was not there. You might start to have a sign off sheet with dates that the box has been checked, again to prevent this from happening again.

Make sure that you have clear reasons that he is being denied and not just some arbritary reasons. Tell him that he will be in violation of whatever it is that he is being denied for if he proceeds. Remember, he is on the offensive to get his way and you need to have a good sound statement against his application.

ThomM (Georgia)
Posts: 5

Posted:

Mary,

Thanks for your response. This is the neighbor's second request. His first request was denied within the 30 day period. The second request for the same change was put in a HOA box which is checked once per week. This is a case of he said she said I guess.

ThomM (Georgia)
Posts: 5

Posted:

Donna,

Thanks for your response. We base all of our decisions on the existing covenants. Nothing is left to personal opinion. We think this neighbor is gaming the system. They didn't like their first denial so they resubmitted using one date on the form and placing it in the box three or four weeks later.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Thom,

As I said, do not play defense with him because he is trying to force you into that position. You have your covenants to enforce and that is what your trump card is, not that you MIGHT have been a little late.

GlenL (Ohio)
Posts: 5,491

Posted:

Thom as Donna said you need to start a log of when the application is received as that is the date the 30 days starts not the date on the form.

Studies show that 5 out of 4 people have problems with fractions

RogerB (Colorado)
Posts: 5,067

Posted:

Thom, Reply promptly to the owner's claim. Stating the date received, the number of days which has elapsed, and that a similar was previously denied. State why it is being denied now and the reason why. Also, I suggest you get rid of the box and require all requests to have an independant dating of the time the request was received such RRR mail if you want to remove any doubt of the timing.

HB (Oregon)
Posts: 143

Posted:

Quote:

Posted By ThomM on 02/14/2010 7:28 AM
Mary,

Thanks for your response. This is the neighbor's second request. His first request was denied within the 30 day period. The second request for the same change was put in a HOA box which is checked once per week. This is a case of he said she said I guess.

I would have immediatley returned the application to the homeowner asking that it be revised with the correct date before it can be processed so as not to complicate the decision process.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Thom,

If the second request is exactly the same as the first request, the board can just return it indicating the request has already been denied on such & such date. The fact that the 30-day period has expired is a moot point since the request had already been denied. I would also let this member know that unless they are making the required changes to the request that would ensure it being approved they need not continue to submit the request; the board is NOT going to change their mind.

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