Question:
It was recently determined that our ARC request form was outdated, the time allowed for review by ARC was shown as 30 days, but CCR states 45. The form was used by a previous management company and also had the wrong contact information. We have an application before us now that used the old form, and my board is saying they will not honor the 30 days, should be 45. Which period is correct?
– Neil
Answer:
Hi Neil,
While the CC&Rs should be followed, you must understand how the differing time periods can cause confusion among homeowners. It is best to clarify the situation to the applicant and let them know that you will be following the 45-day rule as reflected in your CC&Rs. However, if the homeowner complains that the form shows 30 days, perhaps it is a good idea to make an exception. Also, don’t forget to change your application forms to reflect the correct time period to avoid confusion in the future.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
