Expedited request for change
Hi, my HOA is trying to establish an “expedited process for the review of owners requests for change” with a goal of 24 to 48 hour turnaround. Items such as dead plant replacement with like for like, or painting a home the same color, same paint brand, doorbell cameras, and ac units in the same location…items that typically are typically and automatically approved. The HOA wants to make sure that this communication is documented and forwarded to the management company for inclusion in the record. They would like these items to be approved by the ARC without board approval but don’t believe this benefit to the owner can be done because of the open meeting law. They were thinking of calling it something other than a request for change, but then it opens the Pandora’s box of what should and should not be included and may open the association up to legal challenges by other owners submitting major changes. Any ideas? Thanks.
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Daniel,
First, I applaud your board’s application of common sense on this issue. The fact is that other than specific restrictions in the declaration, the association is free to establish thresholds for how the ARC operates and what level of modification warrants detailed review and approval or any review and approval at all. The ARC is subordinate to the Board and subject to its direction. My suggestion to you and your community is to draft a policy statement for how the board wants to address minor or insignificant modification requests, and then, in an open meeting of the board, make a motion that the board vote to adopt that policy or directive. If you anticipate opposition to this from the community, you can also call for an informal meeting on the topic to address questions and concerns, and make adjustments as necessary. If enacted, that becomes a record of the association, and the management company must comply as well as the ARC.
Truth be known, the association has actually very little power to create design control standards or rules above and beyond the specific restrictions of the CC&Rs. Most of these trivial restrictions in rules and design guidelines are actually inappropriate and beyond the authority of the association to implement. The explicit restrictions in the CC&Rs are the sum total of the restrictions that the association can place on private property, under case and common law.
With any luck, I’ll codify these principles in statutory law during the upcoming legislative session.
Your board should not be afraid to do the right thing for your community. Your attorney and community manager will probably object to this approach, but only because it diminishes their power and ability to reap additional income from your community.
Dennis