Get 1 year of free community web site hosting from Community123.com!
Tuesday, November 30, 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: Architectural Approvals in Violation to ByLaws
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
MariaB8
(Florida)

Posts:5


08/27/2021 9:46 AM  
THere are some Homeowners in our community that have made improvements to their homes that violate the Rules and Regulations of the HOA. They argue that the approvals were given at the time of a previous Property Manager of which sis not transition the old records to the present Board.
Can the HOA trump the previous approvals and point the HO to the longstanding R&R's? Any feedback or suggestions would be much appreciated.
AugustinD


Posts:1859


08/27/2021 10:03 AM  
MariaB8,

-- Is this a condominium, subject to FS 718? Or is it a non-condo HOA, subject to FS 720? Or something else?


-- Nationwide, new boards often find that old boards (or their agents) approved things that in fact are in violation of the covenants (or rules and regulations based on the covenants). This issue comes up a lot here. My thoughts:

-- What exactly do your governing documents (Declaration and Rules and Regs) say about the procedure for approving architectural changes?

-- A condo/HOA board may delegate certain tasks to the property manager. Whether past boards could have delegated this to the manager depends on what the Declaration and Rules and Regs say, in part. As others noted in the other thread, it would be highly unusual for the manager to have this responsibility, as the governing documents often specify that this responsibility belongs to a committee of volunteers.

-- I suggest the Board begin by askin all owners whom the board thinks are in violation to provide proof of approval. Then see what the owners provide.

Thank you for starting a new thread.
SheliaH
(Indiana)

Posts:4280


08/27/2021 10:11 AM  
Didn't you already ask this question another conversation about your property manager? I believe you got the answer there (1) the hoa,not the property manager, is responsible for reviewing and approving exterior change requests (2) if these homeowners don't have anything in writing regarding approval, they're in violation. read your documents - they should already address this.

If you haven't discussed any of this with your association attorney, you should - immediately. Start with blasting the association records out of the former manager and If there are any former board members remaining from thatvtime, you'll need to have a meeting with them so they can explain how this happened.

Then you'll have to discuss whether you want to demand everyone bring their homes into compliance, which should probably consider how long ago these changes were made and how much effort and money it will take to fight this in court (because you can be assured some of these homeowners will want to go there). If the changes were relatively minor, it may make sense to grandfather those homeowners in, warning them they must bring it back into compliance before it's sold or transferred - otherwise the new owner will be held responsible (that'll help the house sell, I'm sure).

for major changes, you could Go After them now, such as repainting the house or removing a shed, but will all that be worth spending lots of money in legal expenses? Discuss all this with your attorney and decide what's best. Then make sure all homeowners are aware of proper procedure - Your my forward, there will be no excuses for non compliance. Make sure your new property is also aware.

MariaB8
(Florida)

Posts:5


08/27/2021 10:17 AM  
Posted By AugustinD on 08/27/2021 10:03 AM
MariaB8,

-- Is this a condominium, subject to FS 718? Or is it a non-condo HOA, subject to FS 720? Or something else?


-- Nationwide, new boards often find that old boards (or their agents) approved things that in fact are in violation of the covenants (or rules and regulations based on the covenants). This issue comes up a lot here. My thoughts:

-- What exactly do your governing documents (Declaration and Rules and Regs) say about the procedure for approving architectural changes?

-- A condo/HOA board may delegate certain tasks to the property manager. Whether past boards could have delegated this to the manager depends on what the Declaration and Rules and Regs say, in part. As others noted in the other thread, it would be highly unusual for the manager to have this responsibility, as the governing documents often specify that this responsibility belongs to a committee of volunteers.

-- I suggest the Board begin by askin all owners whom the board thinks are in violation to provide proof of approval. Then see what the owners provide.

Thank you for starting a new thread.




Hi Thanks for your reply.
This is a single home community so not a condominium. I have been a homeowner for the past 16 years and one of the original in the community. Our original PM was hired by the builder and we changed companies after the builder gave the residents control of the HOA. I know that there was a disruption in continuity and there were no previous records from them. I will see about asking for the Homeowner to provide their records. Thanks again
AugustinD


Posts:1859


08/27/2021 10:32 AM  
Posted By MariaB8 on 08/27/2021 10:17 AM
Our original PM was hired by the builder and we changed companies after the builder gave the residents control of the HOA.
Be aware that the builder/declarant has a lot of legal leeway when it comes to approving architectural applications. Why? My understanding is that the courts say that, a Declarant has a right to sell homes and make some adjustments to the covenants/architectural requirements to achieve the sale of homes. The adjustments cannot be too off the map. Compared to a post-Declarant board's legal powers to approve or disapprove architectural applications, it's really a whole other ball game.
MariaB8
(Florida)

Posts:5


08/27/2021 10:55 AM  
Hi SheilaH:
Someone asked me to start a new thread with my last question.

Thank you for your valuable information and suggestions.

Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > Architectural Approvals in Violation to ByLaws



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