Get 1 year of free community web site hosting from Community123.com!
Monday, December 06, 2021











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: ARC requests / residents with violations
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
DavidG45
(Delaware)

Posts:144


06/14/2021 9:45 AM  
We have a resident who made an exterior change (painted their front door pink) which, by our Declarations, requires an ARC request. This resulted in a violation and a fine. They have now filed an ARC request in an attempt to be in compliance, but that request has been denied. Because pink door.

They have now filed an ARC request for a patio. Our property manager has said that so long as they have an outstanding violation no new ARC requests will be considered. This makes sense to me, but I can't find it addressed in our Declarations and I'm curious to know if this is standard operating procedures.

TIA
SheliaH
(Indiana)

Posts:4290


06/14/2021 10:00 AM  
You may be looking in the wrong place - have you tried your CCRs? These usually dictate how the common area is to be used, and rules regarding exterior changes to one's unit often fall in there. Your Bylaws - the ones that tell how the community is to be run (e.g. how many people serve on the board) may have language authorizing the board to establish additional rules that flesh out the CCRs or Bylaws without superseding them (they can't do that).

Although I agree with your property manager, if you're on the board, it seems to me you should already know the answer to this. While it's helpful to see what other communities do or don't do, you need to have policies and procedures that work for YOUR community. If your documents or community rules don't address this, you could tell the homeowner the board won't review the patio request because he/she hasn't corrected the door issue? Tell the homeowner he/she can request an appeals hearing and then all of this can be addressed at that time.

Afterward, if the board wants to establish such a rule (and your documents allow it), draft it, vote on a resolution to establish it during an open board meeting, and notify homeowners accordingly with an effective date.
JackJ9


Posts:0


06/14/2021 10:01 AM  
Posted By DavidG45 on 06/14/2021 9:45 AM
We have a resident who made an exterior change (painted their front door pink) which, by our Declarations, requires an ARC request. This resulted in a violation and a fine. They have now filed an ARC request in an attempt to be in compliance, but that request has been denied. Because pink door.

They have now filed an ARC request for a patio. Our property manager has said that so long as they have an outstanding violation no new ARC requests will be considered. This makes sense to me, but I can't find it addressed in our Declarations and I'm curious to know if this is standard operating procedures.

TIA




We had a similiar policy on our neighborhood - the ACC request for the back patio would be put on hold until the owner cleaned up the front yard to make it compliance with our policies, for example.

This requirement was undocumented but it is what we did for a while. Haven't seen it used recently.
MaxB4
(California)

Posts:1601


06/14/2021 10:07 AM  
Declarations are the CCRS.

You would be surprised at how many CCRs don't address Architectural standard within a community. There may have been at the beginning, but things get lost from one board to another and/or one MC to another.
DavidG45
(Delaware)

Posts:144


06/14/2021 10:11 AM  
As I said, I cannot find the situation addressed in our Declarations. So I'm curious to hear how others address the issue. We are a new community and I'm a new board member - we don't have our own experience to draw on.
JohnC46
(South Carolina)

Posts:11665


06/14/2021 10:13 AM  
Posted By SheliaH on 06/14/2021 10:00 AM
You may be looking in the wrong place - have you tried your CCRs? These usually dictate how the common area is to be used, and rules regarding exterior changes to one's unit often fall in there. Your Bylaws - the ones that tell how the community is to be run (e.g. how many people serve on the board) may have language authorizing the board to establish additional rules that flesh out the CCRs or Bylaws without superseding them (they can't do that).

Although I agree with your property manager, if you're on the board, it seems to me you should already know the answer to this. While it's helpful to see what other communities do or don't do, you need to have policies and procedures that work for YOUR community. If your documents or community rules don't address this, you could tell the homeowner the board won't review the patio request because he/she hasn't corrected the door issue? Tell the homeowner he/she can request an appeals hearing and then all of this can be addressed at that time.

Afterward, if the board wants to establish such a rule (and your documents allow it), draft it, vote on a resolution to establish it during an open board meeting, and notify homeowners accordingly with an effective date.



Sound advice.
AugustinD


Posts:1920


06/14/2021 10:54 AM  
I support the following:
Posted By SheliaH on 06/14/2021 10:00 AM
if the board wants to establish such a rule (and your documents allow it), draft it, vote on a resolution to establish it during an open board meeting, and notify homeowners accordingly with an effective date.
The reason I support this is because ACC covenants typically allow the Board to create "reasonable rules" (quoting case law). I think a rule requiring the clearing up of one ACC violation before considering a new ACC application is a reasonable rule.

Until this rule exists, and barring more info from the HOA's covenants and rules and regs, I would say the manager is just making things up. The supposed fiction the manager invented here is not unreasonable, but it's enough that I'd keep an eye on him/her. To me, a good manager will be able to reference the CC&Rs, Bylaws or Rules and Regs when reasonably questioned about an action.
DouglasK1
(Florida)

Posts:1689


06/14/2021 10:54 AM  
Posted By DavidG45 on 06/14/2021 9:45 AM
Our property manager has said that so long as they have an outstanding violation no new ARC requests will be considered. This makes sense to me, but I can't find it addressed in our Declarations and I'm curious to know if this is standard operating procedures.

TIA


I don't have any experience with this situation so can't speak to that, but the PM should not be creating the rules and policies of the association. That is the board's responsibility. Ask the PM where that rule is documented. If this is based on a properly approved motion by the board at some point in the past, and doesn't conflict with the CCRs/Declaration, then it could be a valid rule. If this is just something the PM made up out of thin air, it probably would not hold up to a court challenge assuming the owners want to pursue that.

Escaped former treasurer and director of a self managed association.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > ARC requests / residents with violations



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement