Another HOA Situation

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Latest post 01-16-2012 6:48 PM by Drew. 7 replies.
  • 01-14-2012 8:05 PM

    • byrdie
      Consumer
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    Another HOA Situation

    An HOA is required to enforce the CC&R regarding construction requirements through an Architectural Control Committee.  The committee can approve or disapprove proposed building plans.  One paragraph states the committee may disapprove a proposed building plan "if the design is not in harmony with the surrounding area ... real property".  Such a decision would obviously be a subjective judgement on the part of the committee.  Can such a decision be upheld in court?  I have not found any case law on this specific issue.

  • 01-14-2012 9:50 PM In reply to

    Re: Another HOA Situation

    The reason you haven't found any case law is because homeowners in an HOA rarely want to spend the $20,000 or $30,000 that it would take to litigate when the HOA says no to how they want to build their building.

    When you buy into an HOA you give up a substantial amount of rights in exchange for some perceived advantage that supposedly comes with living in an HOA.

    As Ben Franklin said, "He who trades freedom for security deserves neither."

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-14-2012 10:21 PM In reply to

    • byrdie
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    Re: Another HOA Situation

    Your reply implies the judgment decision of the committee because no-one would challange it.  But what about the merits of the situation, i.e. would a court likely uphold the decision?

  • 01-14-2012 10:41 PM In reply to

    Re: Another HOA Situation

    byrdie:

    Your reply implies the judgment decision of the committee because no-one would challange it.  But what about the merits of the situation, i.e. would a court likely uphold the decision?

    You gave the HOA a contractual right to make subjective decisions about what you can and cannot do.

    My guess is that the decision would be upheld in court.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-15-2012 8:35 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Another HOA Situation

    Until and unless you had exhausted your administrative options under HOA rules I doubt courts would hear it and HOA rules may say something like its decision is final. You agreed to play by HOA rules!!



  • 01-15-2012 9:11 PM In reply to

    • byrdie
      Consumer
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    • NM
    • Posts 3

    Re: Another HOA Situation

    Sounds like you are saying that if the HOA board upholds the decision of the Architectural Review Committee that a court would not hear the case.

  • 01-15-2012 9:20 PM In reply to

    Re: Another HOA Situation

    byrdie:

    Sounds like you are saying that if the HOA board upholds the decision of the Architectural Review Committee that a court would not hear the case.

    Not sure why Drew put it that way but if you sued the HOA, the court would hear the case unless the HOA moved for summary judgment and the court granted it just based on the facts presented by the HOA. If the court didn't grant summary judgment you would go through the litigation process from start to finish.

    What I said was that I didn't think you would win against the HOA because you gave the HOA a contractual right to make subjective decisions about what you can and cannot do.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-16-2012 6:48 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    Re: Another HOA Situation

    If you agreed in fine print of HOA CC&Rs that an appeal to HOA board was final or some similar final step--you may well be bound to such as final.  So of like an agreement to arbtrate or mediate==the review by courts may be limited if any.



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