Retroactive approval
If a specific project was previously approved., can a new board come back later and say what happened before doesn’t matter?
Respectfully,
Kyle Cullen
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Kyle,
If your project was approved by either the board or the ARC then it is approved, and they cannot undo that approval. Obviously any documented proof of your projects approval will go a very long way to assuring that the association cannot change their mind.
Dennis
Hi Dennis,
Is there kind of supporting legislation that I can cite in addressing this matter with my HOA? The Property Manager and Board President state they can not be responsible for past decisions, but they can choose to override decisions that they don’t care for. Any advice would be greatly appreciated.
Bernadine,
While there is no statutory law addressing this issue the general common law assumes that once approval is granted by the board or ARC then the homeowner is free to make their modification proposed free of any threat of any future board changing the rule later on and then rejecting their previously approved modification. The key to this line of thinking is that the homeowner actually completed the modification without any changes to the plan approved by the board or the ARC. If you have to make changes then you need to also get prior approval from either the board or ARC however you community is organized. This is fundamental contract and property servitude law.
If you completed the modification without prior authorization, then you are proceeding at risk and have absolutely no recourse if the association calls you out on the modification even years in the future. There are no statute of limitations on the ability of an association to cite a violation of the governing documents that did not get prior authorization.
Dennis