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Subject: What rights does the ARC have within an extended lanai?
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Author Messages
SteveJ12
(Florida)

Posts:1


09/29/2020 1:40 PM  
Is an extended lanai considered “personal living space” and out of jurisdiction of the ARC?

Our guidelines state “Roll down hurricane shutters are not allowed.” We have 2 homeowners who were told by the past ARC chairperson that the extended lanai is their “personal living space” and therefore they can do what they want in that space. They installed roll down hurricane shutters on the exterior of the building, within their lanai, without full ARC approval.

What are your thoughts?
SheliaH
(Indiana)

Posts:3512


09/29/2020 3:27 PM  
READ your documents!!! They should dictate what's common area vs. homeowner responsibility.

If your guidelines stated roll down gutters weren't allowed, but this chairperson said otherwise, why didn't the call him or her out on this? it's also possible the homeowners are lying or took something the chairperson said andinterpreted it as saying they were allowed. You know how some people hear what they want to hear And believe the same despite what's in front of them.

(Explains a lot of what's going on in this country these days And I'm not just talking about the politicans).

if these homeowners don't have anything in writing saying this was or wasn't acceptable,treat it like any CCR violation. Send them a notice, quoting the CCR they violated and order them to remove it at their expense. Information about appeal rights should be in the letter, so they can have a hearing about this. If they refuse, the board will have to decide if they want to pursue it further, which I think they should. You can always look into alternative dispute resolution to settle the matter and keep everyone out of court.

As for the chairperson, did he or she leave the spot on his/her own, or was removed because of stuff like this? There was also a committee -where were they when this decision was made? If they didn't follow the CCRs as written, They should also be held responsible and removed from the committee if appropriate.

I assume you're on the board of perhaps the committee. I imagine you already knew this, but perhaps had to read it, so there's one person's opinion.

If you're one of the homeowners involved in this, this is what happens when you don't get things in writing or follow instructions OR go to the board and perhaps suggest updating the guidelines to allow roll down shutters. You may have to bite the bullet, bring your house in compliance and do better next time

As far as personal living space goes, the general purpose of exterior changes is that they should be disapproved so the original look and design of the community is maintained. They're not the 10 commandments - As communities change, tastes, materials, etc., can also evolve, so it's helpful to review design standards periodically to see what still works, what should be added, tweaked or subtracted.

Basically, if you can see it from the street or sidewalk, your CCRs may dictate what that should look like. That could range from no junk cars sitting on blocks to keeping rolling trash cans stored out of sight until it's trash pickup day.

All of that said, I don't know what the issue is with rolling shutters. Aren't the things supposed to be rolled up and out of They until you get a hurricane warning? At this, I'd roll them down and secure them, then get the help out instead of looking at them saying something like "I really hate the color of those shutters...". To me, the things are supposed to protect the house, which is usually more i. portent than looking pretty.

GenoS
(Florida)

Posts:4130


09/29/2020 4:42 PM  
Is it a condo or an HOA? Regardless, I agree with Shelia. Start by reading your documents and see what they say. About half of the homes in my HOA have lanais. I don't know what an "extended lanai" is though.
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Forums > Homeowner Association > HOA Discussions > What rights does the ARC have within an extended lanai?



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