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Subject: Submitted my Shed Request to the ARC
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Author Messages
DouglasM6
(Arizona)

Posts:537


11/27/2017 11:57 AM  
If you have to resend it, include these terms:

[I]According to the governing documents, The ARC is required to give approval or disapproval within 30 days of the receipt of the application. If no response is received the application will be considered approved and construction will begin[/I]

Or something like that. You get the picture. Force them to move on it.
GenoS
(Florida)

Posts:1761


11/27/2017 1:55 PM  
I'm with Douglas. "If I do not receive a response by then I will consider the request APPROVED as per our governing documents ."

That SHOULD cover you. Put your copy of that letter in a safe place for posterity.
GenoS
(Florida)

Posts:1761


11/27/2017 1:58 PM  
My previous post had "insert date here" and "insert chapter and verse here" in two (hopefully obvious) places. The site ate those words because I had surrounded them with angle brackets.
PaininyourA


Posts:0


11/27/2017 2:00 PM  
Assuming it was sent certified and either:

received/delivered as per the USPS tracking

or

refused/returned and saved UNOPENED for the potential Judge to open


THEN


you are protected.





YOU must PROVE the submittal of the request itself.
CarlJ2
(Texas)

Posts:187


11/27/2017 2:26 PM  
I've sent an email requesting a status and referenced my original request, but we'll see if they ignore me. If so I'll resubmit via mail and certified letter instead of hand delivery.
DouglasM6
(Arizona)

Posts:537


11/27/2017 4:53 PM  
Posted By GenoS on 11/27/2017 1:55 PM
I'm with Douglas. "If I do not receive a response by then I will consider the request APPROVED as per our governing documents ."

That SHOULD cover you. Put your copy of that letter in a safe place for posterity.





Years ago, back when I wrote paper checks, I would write "Void After 60 days" on the memo line. People thought I was crazy till one guy had to call and get a new check because the bank wouldn't cash his because he waited too long.

I don't know if it would stand in court, but it'll certainly get the board to move on it; because they don't know if it would stand up in court either. But with lawyers leaning towards the residents more and more, I bet it would.
GenoS
(Florida)

Posts:1761


11/27/2017 6:31 PM  
Posted By DouglasM6 on 11/27/2017 4:53 PM
But with lawyers leaning towards the residents more and more, I bet it would.


I hope that's a nationwide trend because we in Florida could certainly use a little of that.
CarlJ2
(Texas)

Posts:187


12/01/2017 8:47 AM  
The ARC Chairman got back to me late yesterday afternoon. They want me to resend the request with a cover letter that is addressed to The Board via the ARC. So an administrative technicality. I was told the HOA's lawyer wants it that way for paper trail purposes. This is not a big deal I just wish they had not taken a whole month to tell me I had made an administrative error. Anyway, I'll take this opportunity to insert the language that Douglas suggested referencing the governing documents. I will also go with certified mail this time instead of an in person hand off....and so it goes...
DouglasM6
(Arizona)

Posts:537


12/01/2017 9:25 AM  
That sucks, Carl. I'm sorry to hear that. I've been hoping for the best so that I could say "See Carl, the HOA is not that bad after all!" But I can't say that now, can I.
AugustinD


Posts:658


12/01/2017 11:34 AM  
I agree with what Douglas said.
CarlJ2
(Texas)

Posts:187


12/01/2017 12:04 PM  
The other bummer bit is The Board now has a fresh thirty day timer. I'm A-Ok with following an established process, but I do like to have that process laid out clearly so I can follow it.
AugustinD


Posts:658


12/01/2017 12:08 PM  
I think this particular paper trail requirement that the HOA attorney wants is bogus. Why is the HOA attorney involved at this point, anyway?

One long-simmering problem where I am is how long the Architectural Review Committee takes with requests. On the other hand, I know they are volunteers, not paid a cent, and that without them, I am confident many would change the external appearance of the homes such that property values would fall.
CarlJ2
(Texas)

Posts:187


12/01/2017 12:47 PM  
Posted By AugustinD on 12/01/2017 12:08 PM
I think this particular paper trail requirement that the HOA attorney wants is bogus. Why is the HOA attorney involved at this point, anyway?




To be clear,the HOA attorney is not directly involved with this request. I was informed that the attorney had advised The Board that having cover letters To: The Board Via: The Applicable Committee was a best practice and they are following that guidance.
KerryL1
(California)

Posts:4632


12/01/2017 3:15 PM  
IMO, Augie & Douglas are making a little too much of this situation. Volunteers on committees and on the Board too sometimes don't meet for a month so perhaps the ARC app wasn't even reviewed till a few days ago. It's also possible that there won't be an additional full 30 days before Carl gets a reply.

It took me, as a new director, a couple of years before I finally got used to how very slowly almost all matters move in my HOA.

CarlJ2
(Texas)

Posts:187


12/01/2017 3:27 PM  
Posted By KerryL1 on 12/01/2017 3:15 PM
It's also possible that there won't be an additional full 30 days before Carl gets a reply.




I am expecting the worst. I'm betting it will be another 30ish days before they respond. I am irked because it's all over a smail paperwork issue. If you want me to follow a format then provide it.
KerryL1
(California)

Posts:4632


12/01/2017 3:43 PM  
You'll do your neighbors a favor in the future if you write to the board to place on its agenda that the ARC forms should include that requirement. I'd wait though until your current request is handled.

Some small but very nice improvements to my HOA came from suggestions from Owners via the board, which approved them.
GenoS
(Florida)

Posts:1761


12/01/2017 7:13 PM  
Posted By KerryL1 on 12/01/2017 3:15 PM
It took me, as a new director, a couple of years before I finally got used to how very slowly almost all matters move in my HOA.

This is so true and my experience was identical from almost 3,000 miles away. It can be a drawback when a board doesn't want to move expeditiously on something. Sonetimes they're stonewalling and really don't want to do it. This borders on bad faith, in my opinion. But sometimes - and I've found this more times than not - they're just lazy. They don't come prepared to meetings, they want to pass the buck to another committee or the association's attorney, and sometimes if it's near the end of the year they'll just table stuff and leave it for the next board to tackle. It's very hard to counter bad faith. It can be easier to deal with laziness (elect directors who aren't lazy) but it can take just as long to get anything done. It's frustrating.
CarlJ2
(Texas)

Posts:187


12/04/2017 3:05 PM  
Reformatted and resubmitted yesterday afternoon. Given that they want a new 30 day timer we shall see what the the New Year brings.
JanetB2
(Colorado)

Posts:3744


12/04/2017 6:44 PM  
Posted By CarlJ2 on 12/04/2017 3:05 PM
Reformatted and resubmitted yesterday afternoon. Given that they want a new 30 day timer we shall see what the the New Year brings.


You sent “Certified Return Receipt” this time??? That way you have date sent proof for your date timeframe
CarlJ2
(Texas)

Posts:187


12/05/2017 7:00 AM  
I did send it via certified mail receipt this time. I don't trust this process so i'd certify it in blood if I needed to.
PaininyourA


Posts:0


12/05/2017 7:50 AM  
Trust

but

Verify

DouglasM6
(Arizona)

Posts:537


12/05/2017 8:24 AM  
Posted By CarlJ2 on 12/01/2017 8:47 AM
The ARC Chairman got back to me late yesterday afternoon. They want me to resend the request with a cover letter that is addressed to The Board via the ARC. So an administrative technicality. I was told the HOA's lawyer wants it that way for paper trail purposes. This is not a big deal I just wish they had not taken a whole month to tell me I had made an administrative error. Anyway, I'll take this opportunity to insert the language that Douglas suggested referencing the governing documents. I will also go with certified mail this time instead of an in person hand off....and so it goes...




This may have been asked/said already, but does it say any where in your governing documents that the cover letter is required? If it is required, the it should be offered from the ARC in a packet form when requested. This is absolute horsechit right here. They dropped the ball and are now making you jump through hoops instead of saying "Oops, we'll get on it right now and get you and answer in a couple days".

My board and I work very diligently to take care of ANY issue brought to our attention immediately. There is simply no acceptable excuse for taking more than 30 days to review any request.

If it get's denied I'd go check the state statutes on the waiting period and whether or not it becomes approved at the end of the 30 by default. Then I'd go talk to a lawyer and build my shed.

If your HOA BOD is paying a lawyer to look at ARC requests, they are inept and wasting HOA funds. My .02.
CarlJ2
(Texas)

Posts:187


12/05/2017 11:45 AM  
Douglas,

The lawyer is not directly involved with my request. The cover letter idea was recommended to The Board as a broadly applied "best practice" to help form a paper trails to and from The Board via an applicable committee. it's not in any of the governing documents that I've seen, and I've tried my level best to review them all.

My initial submission was mostly a copy of the 2005 request from the only other gentlemen who has a shed in the subdivision. I adapted what he did to my request and updated all the personal information, of course.
DouglasM6
(Arizona)

Posts:537


12/05/2017 4:32 PM  
Posted By CarlJ2 on 12/05/2017 11:45 AM
Douglas,

The lawyer is not directly involved with my request. The cover letter idea was recommended to The Board as a broadly applied "best practice" to help form a paper trails to and from The Board via an applicable committee. it's not in any of the governing documents that I've seen, and I've tried my level best to review them all.

My initial submission was mostly a copy of the 2005 request from the only other gentlemen who has a shed in the subdivision. I adapted what he did to my request and updated all the personal information, of course.




My point is this. They have 30 days to approve or deny and that 30 days includes having you resubmit with a cover letter. They waited 28 days then decided to tell you that you need a cover letter. That's BS no matter how I look at it.

Everything you're saying points to an automatic approval. It was approved once before for a difference resident. On day five they should have Carl, we have reviewed your request and it will be approved as soon as you can supply a cover letter......
CarlJ2
(Texas)

Posts:187


12/05/2017 4:46 PM  
Posted By DouglasM6 on 12/05/2017 4:32 PM
Posted By CarlJ2 on 12/05/2017 11:45 AM
Douglas,

The lawyer is not directly involved with my request. The cover letter idea was recommended to The Board as a broadly applied "best practice" to help form a paper trails to and from The Board via an applicable committee. it's not in any of the governing documents that I've seen, and I've tried my level best to review them all.

My initial submission was mostly a copy of the 2005 request from the only other gentlemen who has a shed in the subdivision. I adapted what he did to my request and updated all the personal information, of course.




My point is this. They have 30 days to approve or deny and that 30 days includes having you resubmit with a cover letter. They waited 28 days then decided to tell you that you need a cover letter. That's BS no matter how I look at it.

Everything you're saying points to an automatic approval. It was approved once before for a difference resident. On day five they should have Carl, we have reviewed your request and it will be approved as soon as you can supply a cover letter......




I do agree with you, of course. I just did not have an expectation that it would be a reasonable or easy process as my standard for HOA actions are about as low as it can get anyway. Thus, none of this surprises me. I'm counting on waiting another month since that is how they are interpreting the rules.
TimB4
(Virginia)

Posts:15081


12/05/2017 5:33 PM  
Posted By DouglasM6 on 12/05/2017 4:32 PM


My point is this. They have 30 days to approve or deny and that 30 days includes having you resubmit with a cover letter. They waited 28 days then decided to tell you that you need a cover letter.




Disagree.

However, the disagreement would depend on the language used in the letter from the Association.

From a different point of view, the Association disapproved the request due to not enough information.
Hence, when the properly formatted request is received a new 30 day clock starts.


Now, with that said, I do agree that any formatting requirements should be readily available. I also agree that the Association should not have waited 28 days before informing the member of the format required. The Association, in my opinion, is not acting in good faith. However, I can see the different perspectives and believe that an argument can be made for compliance with the 30 day timeline.
CarlJ2
(Texas)

Posts:187


12/05/2017 6:04 PM  
There was no letter from the association. The ARC chairman informed me via email that The Board wanted the cover sheet. He was responding to my query as to status on the 30th day after my initial request. In my resubmission I asked where I could find the guidelines for the paperwork and to please inform me as soon as he can if something is not how they want it. So I'm trying to play their game, anyway.
JanetB2
(Colorado)

Posts:3744


12/05/2017 7:19 PM  
Posted By CarlJ2 on 12/05/2017 6:04 PM
There was no letter from the association. The ARC chairman informed me via email that The Board wanted the cover sheet. He was responding to my query as to status on the 30th day after my initial request. In my resubmission I asked where I could find the guidelines for the paperwork and to please inform me as soon as he can if something is not how they want it. So I'm trying to play their game, anyway.


LOL ... Play their stupid control game. When they receive your last response via “Certified Return Receipt” they will comprehend the game is over. They will comprehend you understand the game and playing properly with your CYA.
BenA2
(Texas)

Posts:77


12/06/2017 3:59 PM  
Carl, you are right, you should be skeptical of HOAs given that so many overstep their authority. The good news is that your HOA cannot control anything on your private property unless it is in your deed restrictions. And in Texas, the deed restriction has to be unambiguous. So, you should be able to read your deed restrictions and know before submitting your application whether the shed is in compliance and the ARC should be able to tell you precisely why it is not compliant if they deny the application.

If the deed restrictions are vague and can be reasonably interpreted in more than one way, they are ambiguous and not enforceable in Texas. There are numerous court precedents stating just that.

You also have a right to a hearing if they deny it, which at least gives you the opportunity to state your case. In the end you have to decide if it is worth the fight.
BenA2
(Texas)

Posts:77


12/06/2017 4:07 PM  
Do your deed restrictions say what happens if you do not get a response? We have 30 days to respond and if we do not, it is considered approved.
CarlJ2
(Texas)

Posts:187


12/07/2017 5:59 AM  
Ben,thank you for the encouragement. Our Docs are silent on the issue of detached structures like sheds, but do prohibit the addition of attached structures. They also state that if you don't hear anything in 30 days it's considered approved. However, since I was notified on day 30 that they wanted their cover sheet it could be interpreted to that they did respond to me in some fashion within 30 days. As a result, I'm not doing a thing until they get back to me again with a signed, sealed, delivered and blessed approval.
CarlJ2
(Texas)

Posts:187


12/18/2017 5:38 AM  
Quick update... still no word back from the ARC or BoD.
BillH10
(Texas)

Posts:166


12/18/2017 2:06 PM  
Carl, I know your 30 day clock is running. In anticipation of a new wrinkle, you should read your documents to determine how the 30 day period is determined--calendar, business, adjusted for holidays, etc.

Frankly, my belief is they should have considered your revised application ASAP and not invoked a new 30 day interval. Should you have the opportunity to provide feedback/your thoughts regarding the process, you may wish to make this point.
TimB4
(Virginia)

Posts:15081


12/18/2017 7:05 PM  
Carl,

Did you send the second request by certified mail or, if using email, return receipt?
CarlJ2
(Texas)

Posts:187


12/19/2017 5:40 AM  
Bill, the documents say 30 calendar days and are silent on the matter of holidays.

Tim, I sent the latest via certified mail.
SheliaH
(Indiana)

Posts:2037


12/19/2017 8:21 AM  
Ick. I suspect all this is why we said we'd process this stuff within 45 days, although it never took that long. We said 45 days because we couldn't predict when the request would come in - for example, if we got it 10 days or so before the meeting, we would simply put it on the agenda and deal with it. If the ACR had to be processed quickly because of an emergency (e.g. someone had to replace a broken window quickly to ensure security), we might let the president handle it with the property manager and all of that would be noted in the next meeting's minutes. In my 10 years on the board, that only happened once. Most of the time, we had to deal with people who would submit ACRs after the fact.

We also gave people the option of presenting their request in person, provided they contacted the property manager at least 10 days in advance so they could be put on the agenda. If the request was missing information we needed to make a decision, we'd send it back, telling them what was necessary, and people usually took care of that via email or fax.

In any case, you should have received some acknowledgement of your request being received the first time. I don't see why they'd drag this out or ask you to resend the request with a cover letter - I would think the application had your contact information on it, so what's the point of extra paper? I hope you get your shed approved - and I definitely recommend you point some of this out to the ARC committee because they need to check their procedures - or at least learn common courtesy.

AugustinD


Posts:658


12/19/2017 8:24 AM  
Posted By SheliaH on 12/19/2017 8:21 AM
I definitely recommend you point some of this out to the ARC committee because they need to check their procedures - or at least learn common courtesy.


Even better, rather than criticize the hard-working volunteers that help ensure people are not leaving old refrigerators in their front yards et cetera, I think he should volunteer to serve on it.
SheliaH
(Indiana)

Posts:2037


12/19/2017 8:33 AM  
Amen!
CarlJ2
(Texas)

Posts:187


12/19/2017 9:27 AM  
I appreciate the input. Given that we're about to go into Christmas week I don't expect a response until after the New Year. There is no external timeline forcing the construction of my shed by a set date. I can wait, but just would rather not, of course.

It's unlikely I'll complain to anyone about the timeline. I don't want to poke the bear with a stick; I just want my shed.
BenA2
(Texas)

Posts:77


12/19/2017 1:50 PM  
Posted By SheliaH on 12/19/2017 8:33 AM
Amen!



I'm one of those hard working volunteers you speak of but I would never assume that all are the same. In fact, much of what I have learned over the years comes from reading court cases where board members and architectural review members either abused their positions or overextended their authority.
DouglasM6
(Arizona)

Posts:537


12/27/2017 1:54 PM  
Posted By AugustinD on 12/19/2017 8:24 AM
Posted By SheliaH on 12/19/2017 8:21 AM
I definitely recommend you point some of this out to the ARC committee because they need to check their procedures - or at least learn common courtesy.


Even better, rather than criticize the hard-working volunteers that help ensure people are not leaving old refrigerators in their front yards et cetera, I think he should volunteer to serve on it.




Carl's request was not approved in a timely manner because people were making sure there were no old refrigerators left lying around?? I'm not buying it. That's a liberal response if I've ever heard one. It takes how long, exactly, to drive through the neighborhood and document refrigerators? And how long, exactly, to read and act on a request for a shed.

I fear Carl is facing the exact type of HOA he hates/fears/loathes.

It's a typical response to say that everyone needs to get involved and volunteer, but that doesn't diminish the importance of those currently seated doing what they're supposed to do. And on this planet, taking 30 days to decide a cover letter is needed is plain stupid.
PaiN


Posts:0


12/31/2017 8:01 AM  
The shed is dead.

Long live the shed.
PaiN


Posts:0


12/31/2017 8:09 AM  
http://www.englishhomestead.com/2013/03/the-shed-is-dead.html
CarlJ2
(Texas)

Posts:187


12/31/2017 9:00 AM  
Posted By PaiN on 12/31/2017 8:01 AM
The shed is dead.

Long live the shed.




This is not the case; the request is alive and well.
PaiN


Posts:0


12/31/2017 9:05 AM  
I hope you learn to 'chill out' during the coming year.

Sheez, have a good laugh.
CarlJ2
(Texas)

Posts:187


01/04/2018 5:57 AM  
After an email inquiry back to the ARC Chairman I was advised that the final response would be coming tomorrow by close of business.
VicjosS
(California)

Posts:19


01/04/2018 3:45 PM  
Interesting I come across this issue.
I understand the frustration. My neighborhood didn't even have the word shed in it in the documents that we received which I reviewed thoroughly before signing escrow and before doing any type of yard landscaping improvement but found nothing in on storage cabinets or furniture or sheds. Yet the HOA sends a letter saying my backyard storage cabinet violates the convanents and needs approval or removal. We find it very arbitrarily they interpreted something that was not disclosed to us when we closed nor available for us to review. Yes in California the builder or the selling agent is required to disclose all documentation upfront at escrow. Fortuntetly it was approved after some tug of war between us and the management company, fyi our board is 3/5 developer's and 2/5 owners.
PaiN


Posts:0


01/07/2018 12:45 PM  
Posted By CarlJ2 on 01/04/2018 5:57 AM
After an email inquiry back to the ARC Chairman I was advised that the final response would be coming tomorrow by close of business.




? the response was ?
CarlJ2
(Texas)

Posts:187


01/11/2018 10:55 AM  
Hey folks I'm sorry to have kept you in suspense. I've been on business travel for the last week so it's been busy.

I got my shed approval back last Friday which was a full 60ish days after I had submitted my initial request. The cover sheet was signed by the ARC Chairman, the Board President, and curiously, the HOA's attorney. So I must have been mistaken in the earlier discussion and the attorney was involved. I am required to begin work within 90 days of receipt of the authorization and it must be completed with in six months of the start date. So I'll get crackin' on it when I get home this weekend.
DouglasM6
(Arizona)

Posts:537


01/11/2018 12:47 PM  
Congratulations! Sucks it had to take that long, but at least the outcome was good.
PaiN


Posts:0


01/11/2018 2:49 PM  
Posted By CarlJ2 on 01/11/2018 10:55 AM
Hey folks I'm sorry to have kept you in suspense. I've been on business travel for the last week so it's been busy.

I got my shed approval back last Friday which was a full 60ish days after I had submitted my initial request. The cover sheet was signed by the ARC Chairman, the Board President, and curiously, the HOA's attorney. So I must have been mistaken in the earlier discussion and the attorney was involved. I am required to begin work within 90 days of receipt of the authorization and it must be completed with in six months of the start date. So I'll get crackin' on it when I get home this weekend.





Be CERTAIN it is build PRECISELY as per the approved plans.

Do NOT 'improve' or change the plans UNLESS they are TOTALLY resubmitted and reapproved PRIOR to any construction changes.

Just a 'heads up'.

Get a building permit if required by the AHJ.

Get said permit 'signed off'.

Be CERTAIN it is build PRECISELY as per the approved plans.

Enjoy your new shed. Now you can store MORE stuff. Will you take some of mine away?

BenA2
(Texas)

Posts:77


01/11/2018 3:21 PM  
Posted By CarlJ2 on 01/11/2018 10:55 AM
Hey folks I'm sorry to have kept you in suspense. I've been on business travel for the last week so it's been busy.

I got my shed approval back last Friday which was a full 60ish days after I had submitted my initial request. The cover sheet was signed by the ARC Chairman, the Board President, and curiously, the HOA's attorney. So I must have been mistaken in the earlier discussion and the attorney was involved. I am required to begin work within 90 days of receipt of the authorization and it must be completed with in six months of the start date. So I'll get crackin' on it when I get home this weekend.



I would be upset about them spending your (HOA) money to have an attorney sign a building request for a shed. What a waste. Glad you got your approval though.
JohnC46
(South Carolina)

Posts:7113


01/12/2018 8:11 AM  
Carl

Glad to hear this. You joined out here with the attitude that HOA's suck and/or have to much power. I hope this has changed your thinking to maybe believing they are more there to protect us then harm us.
BenA2
(Texas)

Posts:77


01/12/2018 8:35 AM  
HOA's are created for the benefit the owners but, sadly, this is not an example of a board and ARC that is doing their job.
JohnC46
(South Carolina)

Posts:7113


01/12/2018 8:49 AM  
Posted By BenA2 on 01/12/2018 8:35 AM
HOA's are created for the benefit the owners but, sadly, this is not an example of a board and ARC that is doing their job.




In what respect not doing their job? If it was taking 60 days to approve keep in mind the BOD/ARB is not a full time, paid staff, standing there at attention, waiting there for your business. I am on my BOD and if you think we are going to drop everything and work as per your schedule, you are wrong. We will do so and have done so in the case of an emergency but for a non-emergency (such as a shed approval) within a month or three is generally acceptable.
DouglasM6
(Arizona)

Posts:537


01/12/2018 8:56 AM  
Posted By BenA2 on 01/12/2018 8:35 AM
HOA's are created for the benefit the owners but, sadly, this is not an example of a board and ARC that is doing their job.




Agreed. It's more an example of a Board and ARC making things as complicated and cumbersome as possible. Probably trying to set a precedent, or a "normal", so they can sit on their butts for 30 days before doing 15 minutes worth of work.


Posted By JohnC46 on 01/12/2018 8:49 AM
Posted By BenA2 on 01/12/2018 8:35 AM
HOA's are created for the benefit the owners but, sadly, this is not an example of a board and ARC that is doing their job.




In what respect not doing their job? If it was taking 60 days to approve keep in mind the BOD/ARB is not a full time, paid staff, standing there at attention, waiting there for your business. I am on my BOD and if you think we are going to drop everything and work as per your schedule, you are wrong. We will do so and have done so in the case of an emergency but for a non-emergency (such as a shed approval) within a month or three is generally acceptable.




Perfect example of what I call a self serving Board. The Shed, by your own admission, is not an emergency nor important to the board, so it gets put on the back burner. When a member requests something from the BOD or ARC, or any other faction of the HOA, it is because it's very important to them. You should be serving them, the home owners. It's that simple.
PaiN


Posts:0


01/12/2018 9:58 AM  
NOPE

The Corporate Board of Director's function is to serve the CORPORATION.

The Corporation's function is to 'serve' the COVENANTS.



We are NOT social clubs.


CAVEAT EMPTOR


(I did not, now I am financially 'stuck' having invested WAY too much in improvements.)
KerryL1
(California)

Posts:4632


01/12/2018 12:40 PM  
PaiN is right, IMO. Directors' duty in our CC&Rs is to serve the Association (corporation) and to protect, a maintain & enhance our common assets. I don't think 60 days is a big deal especially over the winter holidays. Though I'm opposed, our Board and Committees--including the ARC-- don't even meet in December though all normally meet monthly.
BancsS
(Iowa)

Posts:48


01/12/2018 1:27 PM  
Posted By CarlJ2 on 01/11/2018 10:55 AM
Hey folks I'm sorry to have kept you in suspense. I've been on business travel for the last week so it's been busy.

I got my shed approval back last Friday which was a full 60ish days after I had submitted my initial request. The cover sheet was signed by the ARC Chairman, the Board President, and curiously, the HOA's attorney. So I must have been mistaken in the earlier discussion and the attorney was involved. I am required to begin work within 90 days of receipt of the authorization and it must be completed with in six months of the start date. So I'll get crackin' on it when I get home this weekend.



That's great! It does seem as if 60 days was a lengthy response time but you got it approved and I think the Board is being pretty generous in giving you 90 days to BEGIN the project and completion within SIX MONTHS. Are you building it from scratch or purchasing a pre-made brought to the site type?
BenA2
(Texas)

Posts:77


01/12/2018 2:15 PM  
Posted By PaiN on 01/12/2018 9:58 AM
NOPE

The Corporate Board of Director's function is to serve the CORPORATION.

The Corporation's function is to 'serve' the COVENANTS.



The owners ARE the association/corporation. The covenants must be followed but the board's fiduciary responsibility is to the members, not a document.
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Forums > Homeowner Association > HOA Discussions > Submitted my Shed Request to the ARC



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