ARC Documents
I have been asking to see a specific ARC Approval request and Approved Document. I have been told that these are not PUBLIC documents and cannot see them. However, I know for a fact (evidence) that the Management Company has shared this information with other homeowners. My question-are ARC approval request and approved documents Private or Public. I believe that these are HOA documents of record and as such, hold no PRIVATE information and should be shared if asked. The issue is that my recent request has been denied but another violation effort was approved by another “special” resident. Thanks
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Architectural Requests are “unprotected” documents and should be made available to any HOA member on request.
Steve
Absolutely any ARC request and the disposition of that request must be maintained by the association as an association record. It is public information and not confidential in any way obviously because the results of that decision will be on public display for anyone in the community to see. There is a legitimate need for the transparency of these request and disposition for the association to assure the fairness and reasonableness of any decision of the ARC. An April 7th a Nevada Supreme Court decision (Moretti v Elk Point country Club) was directly related to the authority of HOA’s to apply any design controls on private property coupled with a Connecticut Appellate court decision Grovenburg v Rustle Meadow Associated on the reasonableness standard for any design control issue. Both of these cases relied on the transparency of this process.
Dennis
Thanks! They did provide these to me….after review, it is proven in these documents that….(1) the resident submitted an ARC approval but did not list the size of the pots in their yard–the request was approved but he exceeded the rules for heights and qty. (2) He submitted ARC documents for approval AFTER I began my effort and since filing my request –this resident is/was the PRESIDENT of the board. He installed lights but called them yard art to get away from height requirements–again, height and AFTER the fact. (3) he has metal cactus (3 of them) that have not been submitted nor approved. Since this time, another question I have posted, he has filed a CODE OF CONDUCT violation against me for “harassment”… Never, have I reached out to him nor his wife directly, only the board (again, he is the President at the time, Secretary as a new year began) or the Mgmt Company. Now, because of this notice, I cannot apply to special committees that have been opened up. I have appealed this effort but, after nearly a month, they still refuse to resolve and discuss. — I have posted this as a question in another thread. Reasoning for my push on this–this board has sent a large number of violations to other residents for similar actions….I have received violation letters that were NOT violations-true harassment effort. The board contineus to overstep based on our rules and refuse to address