Question:
Can a HOA board hold a hearing when there is no active open violation on the account? Fence was built 3 years ago, there was a legit violation as we had to use a temporary fence during construction. Upon completion that temporary fence was removed, final fence was reviewed, all violations removed. The build request was then reviewed, finalized and also closed with no violations. Three years later a new Board takes over, asks the HOA to review everything and they report a fence violation. I provide the information from before to the HOA, they close the violation. The Board then insists we still have a hearing as they disagree with the decisions made by the old Board 3 years ago, and the current HOA.
– Dairen
Answer:
Hi Dairen,
Kindly check the governing documents to see what powers the board may have when it comes to changing prior architectural approvals. If the board does not have the power to change decisions, you may raise this with the board. Otherwise, you may need to comply with the board’s decision.
If the governing documents are silent, generally speaking, new HOA boards are allowed to change an old board’s decision unless the homeowners have acted in reliance on those prior decisions. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
