Laws Regarding HOAs

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

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.

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.