Seeking Equal Treatment by Board

Started by RickF2 • 6 replies • 1492 views

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RickF2 (Colorado)
Posts: 2

Posted:

Our HOA (in Colorado) is about 30 years old and the community is about 500 single family homes. The architectural controls state, for example, we can't have sheds, fences must be cedar or brick, driveways cannot be wider than the garage door, etc. Over the years many sheds have popped up (and remain) and I have counted 75 driveways (15%) that have been widened to accommodate additional parking. So I submitted a request to widen my driveway and the architectural committee denied it based on the covenant language (he stated his duty is to follow the language). I have talked to some of my neighbors and they say that I should have just done it and not asked. That seems to be the way others are getting away with violations (sheds, driveways, motorhome parking, etc). It seems I jeopordized my plans by asking and now it is on file that I asked and was denied. Is there a point that precedent (15% of other homes) would dictate that I could proceed? Can the board single me out if I proceed or would they have to require all other driveways to be torn up as well? I read that Colorado has a 1-year statute of limitations for a board to take action for unauthorized improvements. Does anyone know if this is correct? Does anyone have a suggestion on how to calmly appeal this situation with the board?

Rick F.

RogerB (Colorado)
Posts: 5,067

Posted:

Rick, I think it is foolish to do an alteration without architectural approval and anything in violation of the restrictions in the CC&Rs because you can be legally forced to remove any such alteration.
Yes there is a 1 year limit according to attornies I have heard at legal seminars.
Rather than asking a Board to go against the CC&Rs restrictions (which they should not), I would suggest you make a request to amend the document(s) which have those restrictions which are no longer reasonable 30 years later.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Rick,
Sorry, I could say a lot about your post but you would not like it. It appears your HOA has developed into a bunch of folks half way committed to do what is right and a bunch that are hell bent in getting their personal agendas settled. Nearly all the people that give opinions on this site are not going to tell you to listen to your friends and then fight the battle later. That is why you find yourselves where you are now.
If over the years your HOA has turned into a bunch of people bent on doing their own thing, they are not doing a good job of that either. So why not do the job right and re-commit your association to the present CCR's or change the CCr's? I can answer that for you, no one cares to take on the job of managing your association right, and if they did you all would be up in arms about that. So I guess my advice would be to sell out and move, or do what you signed up to do. If you had some of the folks that post on this site and God dropped them down in the middle of your HOA, by nightfall, fines would be flying through the mail. How would your friends like that. If you are looking for a way to circumvent your legal obligations, ask your neighbors, you can see what a good job that brings you.

RickF2 (Colorado)
Posts: 2

Posted:

Thanks for the quick response, Roger. It is a frustrating thing but we believe you are correct. Rick

MaryA1 (Arizona)
Posts: 7,043

Posted:

Rick,

I know of a case that came before a state review board here in AZ where the judge ruled that it didn't matter that others had violated the covenants, the board has a right to deny your request based on the architectural guidelines.

You may try petitioning the board to consider amending the rule regarding widening driveways in view of the number of h/o's who have done this. Also if you have a rule which prohibits parking on the street this may be used to reinforce your lobby to allow the driveway widening. In my neighborhood the majority of homes have 3-car garages and you would be surprised to know how many have also widened the driveway to accommodate a 4th vehicle or to allow one open space on the driveway.

SureshD
Posts: 268

Posted:

When does the one year clock begin?

Is there any documentation available to support "they" have known and done nothing for more than a year?

Of course this will just alienate you from those effected.

HB (Oregon)
Posts: 143

Posted:

Quote:

Posted By RickF2 on 03/26/2010 11:50 AM
Our HOA (in Colorado) is about 30 years old and the community is about 500 single family homes. The architectural controls state, for example, we can't have sheds, fences must be cedar or brick, driveways cannot be wider than the garage door, etc. Over the years many sheds have popped up (and remain) and I have counted 75 driveways (15%) that have been widened to accommodate additional parking. So I submitted a request to widen my driveway and the architectural committee denied it based on the covenant language (he stated his duty is to follow the language). I have talked to some of my neighbors and they say that I should have just done it and not asked. That seems to be the way others are getting away with violations (sheds, driveways, motorhome parking, etc). It seems I jeopordized my plans by asking and now it is on file that I asked and was denied. Is there a point that precedent (15% of other homes) would dictate that I could proceed? Can the board single me out if I proceed or would they have to require all other driveways to be torn up as well? I read that Colorado has a 1-year statute of limitations for a board to take action for unauthorized improvements. Does anyone know if this is correct? Does anyone have a suggestion on how to calmly appeal this situation with the board?

Rick F.

I am assuming if so many people are violating the CC&R's that your Board must be aware of the problem. I would say that regardless of how your neighbors have chosen to ignore the CC&R's it does not make it ok for you to do so. If a new Board is elected and decides to clean up all the violations, then you would be considered in violation as well.

I don't think it is ever an excuse or reason "so and so breaks the rules, therefore I should be able to". If it is wrong, it is wrong bottom line whether your Board chooses to enforce or not.

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