Question:
My Architectural committee approved a fence modification I requested. The board overrode the request and initially denied it. The board agreed to it with certain stipulations that do necessarily enforce the CC&R’S. My question is, in Texas, if there is a stand alone Architectural committee, does the board have a right to override or take over that decision without an appeal?
– Mioshi
Answer:
Hi Mioshi,
Yes, the board may override the decision if there are no restrictions or provisions against this in the governing documents. According to the Texas Property Code – Restrictive Covenants Section 209.00505(i): “The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision’s declaration.” For further guidance, kindly consult a lawyer.
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