Unapproved Structural Improvements

I recently recieved the new HOA Rules and Regulations which state: Beginning July 1, 2006, these standards shall apply to all construction, renovation, modification and addtion to homes and lots. Existing inconsistencies with these standards will be let stand until the home is either sold or the inconsistency resolved in another manner.

I have a patio cover, patio fence and spa which were not approved by the ACC prior to build. While it is not necessary at this point, I think it may be in my best interest to go ahead and get the approval in writing now rather than waiting for some vague repercusssions which may ensue in the future. I do not believe that I would have any problems getting these items approved as they look very nice and are consistent with the style of the neighborhood.

Should I try to get approval now or just let it ride.

I am worried because they made a new rule that you cannot park in your driveway but my truck will not fit in my garage, it is just too big. My concern is that they will take issue with the truck and then start picking at everything else they can.

Marlo, I would not seek approval of any item which has been there for over 1 year. I would also suggest the rule be modified so that any previous construction, renovation, modification and/or addition which has been approved or existing for over 1 year should (must) be allowed to stand when the home is sold.

Regarding the truck I would send a letter back to the Board advising that this vehicle will not fit in the garage and therefore you request a variance to this rule. Point out that a standard for all rules and regs is they must be reasonable.

Gerald, I am presuming courts in the state involved will only uphold restrictions which have been violated within the past year. Also, courts will require R&Rs be reasonable otherwise you will probably lose. HOA's should only create, and enforce, restrictions which can be upheld in court.

Harold, why do I think your questions are really statements of your opinions. Anyway, here are my thoughts.
1) Is a "rule" forbidding driveway parking within the parameter of the board's power?
Yes, if the By-laws provide for the Board to establish Rules and Regulations.

2) Or would such a rule require approval of the proper percentage of the membership?
No, unless the By-laws require it. However, it would be wise for the Board to seek the approval of members at a members meeting.

3) Is there somewhere an outline of what type of rules a board can institute and what would require the approval of the members?
Yes the Declaration and/or By-laws specify which, the Board or the members at a members' meeting, have the authority to establish all Rules and Regulations. However, the first guideline for any R&R should be - Is the Rule reasonable? Would a judge support the Rule?