Treating Homeowners Equally?

Started by JennieC • 4 replies • 2541 views

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JennieC (New York)
Posts: 6

Posted:

I just found out today that my Board had approved another homeowner's architectural change (mostly internal but affecting the external structure of walls), about 6-9 months ago, by telling her if the town approved it, it was OK with them.

I requested a different change 3 months ago, which was adding 3 ft to an existing 3'x11' balcony to make it 6'x11'. (see earlier post re: Architectural Changes). The town approved it but the Board told me that it was the Board who got to approve it, not the town. They consequently turned my request down as too major a change and detrimental to the appearance of the complex.

It seems I am being treated inequitably. The changes are different I admit, as my deck is outdoors, but it is only seen by 4 other homes, and is not visible from the road.

Do I have any recourse besides suing?

RogerB (Colorado)
Posts: 5,067

Posted:

JennieC, was it the Board or the Architectural Control Committee (ACC) that denied your request? Good associations have an ACC with established standards. Does yours? Good ACCs give the reason(s) for turning down a request. Did yours? One reason to have an ACC which is separte from the Board is to provide a means of appeal. If you have a separate ACC they should advise you of your right to appeal their decision by having a hearing before the Board. If you do or don't have a separate ACC you can request a hearing before the Board to reconsider your request--IF--you think they discriminated.

If I were going to appeal, I would first review all assocation documents (CC&Rs, Bylaws, ACC standards, and any others) regarding Architectural changes. In particular, I would determine if there was a time limit within which a response was required otherwise approval was by default.(could be my best argument)

Roger

JennieC (New York)
Posts: 6

Posted:

Thanks RogerB

There is no ACC, only the Board. There is no appeals process. The Architectural Control part of the CRCs and By Laws are very general and say Board or ACC decides based on if change harmonizes with surrounding environment.

We just had our annual meeting and my deck problem is minor compared to what is wrong.

The Board has been in control of everything for too long. They also tend to squash homeowner involvement. We just found out we are underreserved. The Board spent a lot of energy in the last 2 years to try amend our fines policy so they could heavily fine owners for infractions, and in which the Board would be the accuser, prosecutor, judge and appeals court. They also tried to pass an amendment to charge new owners 3 months assessments, just to move in. All amendments were defeated at this meeting. I believe they were trying to avoid facing the Reserves problem head-on.

Homeowners were unaware because the Board has been incommunicado for the last year. It's not a disaster yet and our units look good on the outside as we took a loan to redo front and back decks/stairs. It's hidden problems like roofs and siding which are sucking up the reserves. Builder did not install correctly. Complex is 20 yrs old so it's our problem now.

The good news is that homeowners are motivated to work together to resurrect Committees and start communicating in order to attack the Reserves issue. I am hoping that as part of that reinvolvement I can suggest an ACC but not right now.

How do we get a professional Reserves Study started?

AudreyB (Florida)
Posts: 104

Posted:

Hi Jennie,

When you go to change your balcony from 3'x11' to 6'x11', really you are only adding 3', you always go to your Architectural Committee first in writing and with your drawings for approval.

After the Architectural Committee/Board approves your plans in writing, then you go to the town.

What it sounds like to me, what you failed to do, was wait for answer from the AC/Board to answer you in writing before you got on the docket with the town.

From your previous forum:
correct: In mid-July I notified the Board in writing of my intent to contract with an architect for the plans they required.

wrong: I asked them to let me know of any concerns, which they did not.

They need to answer your letter in writing first within ten days of the date of your letter. If they don't, then keep on them for their letter of approval.

wrong: At the end of August I proceeded with the architect at a cost of $600 and got on the village calendar to get approval for a building permit.

Again, you needed the Board to respond to you within ten days of your date of your letter first before proceeding to anything.

wait: I gave the Board the set of plans at the beginning of September. The village approved the plans in late September.

Did the Board approve your plans in writing?

wrong: The Board contacted my neighbors who said they wanted me to add privacy panels.

The Board shouldn't have contacted your neighbors. They should contact you about this issue.

what?: In late September they presented me with this and I agreed to that condition.

Was it in writing? or verbal?

wrong: in October the Board then refused my request on the basis that it would negatively impact the appearance of the entire complex. The deck is in the back, invisible from any road, and in line sight of only 4 other houses.

what?: They say now I shouldn't have gone ahead and spent any money on plans without consulting them, too bad about the $600.

You said you did consult them in September with a set of your plans. Did they approve those plans in writing first?
If not then, the Board is right.

OR, If you received in writing from the Board their approval to add the 3' to your balcony, with an added condition which was also in writing, then the Board cannot rescind their approval which you have in writing.

Hire a real estate attorney who deals with this type of problem to have him/her infom your board that since they had approved your plans with conditions both in seperate writings, you should be able to proceed with your plans, and see what he/she says.

I remember reading a homeowner had just about the same problem as you do. The homeowner had written approval to put in his pool. Then, the AC changed their minds. The homeowner was told since the homeowner already had written approval, to go ahead and put in his pool.

I wish you a happy holiday, and I also wish you luck with this issue.

Let us know what how it ends.

Audrey

JennieC (New York)
Posts: 6

Posted:

Dear Audry

Thanks for your detailed reply! I believe where things went wrong was I had verbal acknowledgements all along the process but nothing in writing.

I verbally communicated with the Board President on several occasions regarding the deck expansion. I sent the letter about getting an architect and building permits from the town to the President who said he scans and emails to the rest of the Board. So I thought the Board was kept informed. Even though I have a copy of all my written correspondence, some Board members said they never heard of what I was asking for so obviously the President was not passing on correspondence.

I went to the town because the Board told me I needed architectural plans and make sure the plans met the building codes. The town put me on their calendar when I went to get the original building plans to give to the architect to make the new plans for the extra 3 feet.

When the Board presented me with the option of putting in privacy panels, it was verbal and done in their meeting (FYI, they refuse homeowner requests for minutes as a general rule). I assumed that this was a condition I needed to meet in order to get their approval so I agreed (in writing). So I felt deceived when they finally said no (in writing).

I believe my best option now is to wait for a new Board and reapply. There seems to be another agenda besides what I think is a straightforward request.

Thanks again for your help.

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