Architectural Review Mistake

Started by AlexL1 • 6 replies • 1573 views

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AlexL1 (Florida)
Posts: 305

Posted:

We have an accepted/approved way that window shutters are to look at our HOA.... Unfortunately, two people that I know of put up/installed shutters that are not the approved types... Time slipped by and nothing was said.. Now a new person wants the HOA to approve her window shutters but the louvers to be wider than the accepted model... She says she has a right because two other units in the complex have them so either we make them conform or she will use what she wants... How, if possible, can this NOW be remedied?

MicheleD (Kentucky)
Posts: 4,491

Posted:

The resident who is demanding the change is likely not on very good footing.

I would not be surprised if your documents carry a clause that allows for enforcement even when/if a previous violation slipped by.

It might be worded something like this:

Section 1. Enforcement. Enforcement of these restrictions shall be proceeding of law or in equity, brought by an owner or by Developer against any party violating or attempting to violate any covenant or restriction, either to restrain violation, to direct restoration and/or to recover damages, failure of any owner or Developer to demand or insist upon observance of any of these restrictions, or to proceed for restraint of violations, shall not be deemed a waiver of the violation, or the right to seek enforcement of these restrictions.

So just because one or two people "slipped" by, does not invalidate the restriction/rule.

She still needs to comply.

Plus, it wouldn't hurt for the ARC to actually go back and request compliance from those who "slipped" by.

Would there be any reason why that couldn't be done? (For example, our documents let us go back and enforce at any time. Some documents/state laws have a statute of limitations. But that still does not invalidate the rule/restriction regarding future enforcement.)

SureshD
Posts: 268

Posted:

Alex,

You said: "We have an accepted/approved way that window shutters are to look at our HOA..."

Are these in writing or documented in some way (i.e. drawings, photos, dimensions, etc.)?

This is very important as Fla. has a specific statute (720.3035) that address the authority of such committees.

My limited (yet growing) understanding of the ststute is that if the shutter designs are not specified (documented) at to what is allowed then you may be able to seek relief in the denial.

Just a thought.

AlexL1 (Florida)
Posts: 305

Posted:

Yes, it/they are in writing and very precise... The PROBLEM IS... that some people go ahead with some work and do not submit an ARC(Arch. review )and thus, they have something tht is not approved and oft times we do not catch it until some weeks later.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By AlexL1 on 05/30/2010 8:37 AM
Yes, it/they are in writing and very precise... The PROBLEM IS... that some people go ahead with some work and do not submit an ARC(Arch. review )and thus, they have something tht is not approved and oft times we do not catch it until some weeks later.

Alex,

Simple solution: send the violation notice when it is "caught"! And, regarding the violator who claims she can have unapproved shutters because others have them, let her know her violation stands. Just because others violate a particular CCR restriction does not give other members license to do the same.

SureshD
Posts: 268

Posted:

Alex your post makes it sound like you are on a committee or otherwise charged with making a decision here, just my assumption.

+1 with Mary... If there are other violations cite them after denying the current unapproved design request.

Next!

MicheleD (Kentucky)
Posts: 4,491

Posted:

Quote:

Then those people need to come into compliance AND be fined for not obtaining ARC approval prior to starting the project.

Our fine schedule imposes a $125 fine for any project that was begun without first obtaining approval through the ARC.

We used to have people starting fences, decks, etc., all the time and then not trying to get approval until they got "caught" - usually in mid-construction.

That has all but stopped now that we fine residents who do not obtain approval before starting the project.

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