Question:
Can an HOA ACC deny a request simply because they personally don’t like what the homeowner is requesting even though it meets the rules and guidelines of the HOA and local government?
Also, if the ACC request form states that a plat is ONLY required for building structures and fences. Is it considered a breach of contract for the ACC and board, to ask for a plat to determine if a driveway widening request would be approved? The driveway request was within the width of the attached garage, meaning not going towards the property line.
Answer:
Hi,
The HOA ACC must evaluate requests and make decisions based on the guidelines of the association. They must not approve or deny requests based on personal biases or judgment. Otherwise, that would be tantamount to selective enforcement.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
