ARB BOARD APPROVED CONSTRUCTION AGAINST OUR COVENEANTS

Your first step should be to read through your governing documents. Chances are the ARB meetings are supposed to be open. Failing that, then check state laws. Many state laws also require open meetings. Not that either of these will always get a board to open up, but it should.

Then you have two additional routes in which you can take. The more costly is to file a suit to force the meetings to open up. The other is to start getting support from your neighbors that these meetings need to open up. Get enough support and you can replace board members with ones who will open up the meetings. If the will is strong enough, you can recall your Board of Directors. Just be sure the ones who are elected will make things better.

Christine:

Ok...I am assuming the ARB is a committee...all committees serve at the pleasure of the board and the board is responsible for oversight of these committees. If when you say the meetings were closed was the board there or was it just committee members?

In my mind your Board needs to take responsibility for this committee and reign them in. If the board is part of the problem then the membership needs to look at procedures for recalling and replacing the board members.

As for the two structures that are built and were approved...My advice would be to let them go and learn a valuable lesson as a community. I see no good reason to waste even more association money in a legal battle....

Why do you say the committee "errored"?

They either have the power to grant variances, or they do not.

They did - now you need to know WHY.

These meetings should be open to all residents, especially if it concerns a variance request that impacts other homes.

BOD members were not present and they were not involving themselves with what the ARB was granting. They just removed the president and keep telling us it's done. By removing the president are they not admitting to error.

Thanks so very much for your inpt. We are 80% built out w/444 sites. Many have been turned down for guest homes. All pools are located behind the homes except for this one. Residents have met with 2 members of the board not wishing to involve the entire community at that time trying to fina a resolution that would be good for the community. We waited for the monthly meeting and nothing was ever said. When asked to the Pres after the meeting have you consulted with the attorney on these issues. NO and I am not it's done stop before you become hated in the community. Our next step is to present it at the next meeting or to call for a meeting. We feel bad about the construction but we don't want this to be a problem with another issue in the future. To us our BOD has sanctioned the construction as water under the bridge.

No this community was established in 1985 and the current lots are all owned by individual. Several lots have sold by individual owners for over $800,000.

Christine,

This is one of those nagging situations that someone, usually a committee or a Developer, has caused by their not being able to read or interpret documents, or they chose not to. Now the gates are open and you cannot change what has been done. To force this homeowner to change structures that are already done, would force the Association into litigation, very very expensive litigation. I think that almost all Judges would force a negotion to resolve this.

What can you do? Probably the least painful for the members, Board, the homeowner and the committee would be to modify or change the building requirements thru an amendment change and hope that it gets adopted in.

But I would put your ARC on notice. Being a committee member on this particular committee is very important and it' decisions reflect on the judgement of the Board if they cannot follow the guidelines of the documents.