HOA Landscaping Appproval Time Limits

I was told that if an HOA didn't come back with a dissaproval of a landscaping architecture plan within 45 days of submittal, that lack of a reply was a tacit approval.

Is this correct??

Exactly, Glen.

As far as our documents or covenants or bylaws are concerned, there IS no time limit. When someone puts in a request, no reply is the same thing as a disapproval or a rejection.

To my knowledge, however, we've never done that (not replied). And from what I can tell, all responses have been provided within 2 weeks.

Kevin,

Our docs state that the reviewer shall make a determination on each application within 45 days after receipt of a completed application and all other information the Reviewer requires........

After the initial 45-day period has elapsed, if the Owner has not received notice of the Reviewer's determination , the Owner may make a second written request for approval of the plans previously submitted which shall be marked "Second Request". If the Reviewer fails to respond within 5 business days from the receipt of the Second Request, approval shall be deemed given. However, no approval, whether expressly granted or deemed granted, shall be inconsistent with the ARC Guidelined or other Governing Documents unless a written variance has been granted.

Barbara