Question:
I recently purchased a townhouse with an HOA. Our CC&Rs govern that the board is to be 3 people, but it is currently 1. The current HOA rep has said that he is not giving me consent to obtain a permit because he does not think my contract (with general and subcontractors) is “genuine”. I dont know what that means and it isnt anything that is actionable by me. He also changed the ‘remodel rules’ 23 days after I closed escrow (and signed a remodel rules’ document), adding 4 more pages of requirements to get consent. What recourse do I have?
– ChiChi
Answer:
Hi ChiChi,
If your governing documents require 3 board members and you only have 1, those vacancies should be filled. Typically, that is done either through an election or appointment. Changing architectural rules usually requires a vote from either the board or the membership, depending on your governing documents. Generally, though, architectural standards are developed and approved by the board of directors. Adopting or amending architectural standards is considered an operating rule change that requires 28 days notice to the membership before it can be adopted.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
