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WilliamH1
(Pennsylvania)
Posts:7
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| 08/11/2006 12:43 PM |
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| Where can I get a reasonably clear understanding of what my HOA can and can't do legally. I live in Pennsylvania. Am specifically trying to find out if an HOA can allow a specific condition that is clearly banned in the bylaws to exist and still enforce the other bylaws. Also have some other more in depth questions. |
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JosephW
(Michigan)
Posts:787
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| 08/11/2006 12:53 PM |
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Please understand that most of the people who are on this discussion forum can't give you legal advice, as they, and I, are not attorneys. But from what I've seen in the past, the failure to enforce one bylaw doesn't negate the ability to enforce the others. Nor does the failure to enforce a bylaw in the past necessarily prohibit board's from enforcing it in the future. You can look up the Pennsylvania laws by clicking on the Community Associations Network link to the right and then selecting "State Laws" under the banner or using the drop-down menu at the top to go to Pennsylvania.
Joe |
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Joseph West
Official HOATalk.com Sponsor
Community Associations Network, LLC
www.CommunityAssociations.net
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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RogerB
(Colorado)
Posts:3725
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| 08/11/2006 1:06 PM |
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William, if you "want a reasonably clear legal understanding" you can hire an attorney knowledgeable in Federal, State, and local laws applicable to HOAs. Ask them to review your HOA's controlling documents and go over all of this with you. Warning - this could get expessive.
Or you could take an issue to court and possibly pay even more for the education 
Or you could ask a specific question and perhaps people posting here might be able to give you some help |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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WilliamH1
(Pennsylvania)
Posts:7
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| 08/11/2006 2:33 PM |
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| Ok, so more specifically. If a bylaw expressly prohibited (clearly stating "under no circumstances" something in the front yard (ie fence, fountain etc) and the architectural review committe approved an application with something like that in front yard, could they then turn around and deny someone else's similar request. |
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BrianB
(California)
Posts:1748
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| 08/11/2006 2:43 PM |
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keep in mind that the rules inside an HOA are not criminal, or even civil, law... think more "Contractual". So, can an HOA allow an exemption, then ban that same thing in the future? sure they can (shoot, even criminal law does that). Just how far they can stretch that is indeed up to a court, if someone were to file a lawsuit. Should an HOA do that, NO. Exemtptions should be well documented, and logical. Other items that fall inside that exemption should be allowed. Knowing what's inside and outside an exemption is the key, and that's why documenting exactly what a board is allowing, and why is crucial. There may have been a reason for it once, but everyone has forgotten. Or, it may have been a bad decision, in which case, the board can say "Hey, sorry. previous boards screwed that up. But we intend to follow the rules, so sorry."
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RogerB
(Colorado)
Posts:3725
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| 08/11/2006 4:23 PM |
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William, if your HOA has established proper procedures it would be organized with an ACC that is separate from the Board of Directors. In your case if the ACC rejects your request to modify (this should be on a completed form signed by you) they would provide a reason on the signed refusal form. You would then have the right to request a Hearing before the Board to challenge their refusal and provide evidence, such as pictures or witnesses, of similar items which were approved. You could also request they provide the forms showing approval of those items if the forms still exist (they should but often don't). This could establish if a variance was given and possibly influence the Board to approve a variance for you.
Just because there is a similar violation does not mean it was approved nor does it mean they have to approve your request. It would have to be proven to be absolutely necessary or I would not give a variance. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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WilliamH1
(Pennsylvania)
Posts:7
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| 08/11/2006 6:20 PM |
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| Roger, thanks for the info. In this case the "violations" have specifically been approved. Requests submitted and the approved by the acc. |
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