KevinJ2
Posts: 1
Posts: 1
Posted:
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??
Is this correct??
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HOA Landscaping Appproval Time Limits
Started by KevinJ2 • 4 replies • 1473 views
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GlenL
Posts: 5,429
Posts: 5,429
Posted:
It depends on what is contained in your CC&R's or ACC guidelines. The best people to ask would be someone on the ACC, a Board member or the Management Company. If possible get your answer in writing to avoid confusion.
MicheleD
Posts: 4,427
Posts: 4,427
Posted:
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.
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.
MicheleD
Posts: 4,427
Posts: 4,427
Posted:
By the way, if you haven't heard anything, why not just contact them and make sure they even received the request.
Or, if you know they received it, why not just ask them the current status?
Or, if you know they received it, why not just ask them the current status?
BarbaraD6
Posts: 347
Posts: 347
Posted:
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
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
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