HOAleader.com - Tip of the Week - December 18, 2009
Published: Fri, 12/18/09
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Architectural Variances: When to Allow Owners to Break the Rules
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A couple paints their home what everyone agrees is a lovely
shade before the architectural committee has approved a color
pallet for the entire association. It turns out their color isn't
on the final approved pallet. They request a variance, and the
architectural committee stubbornly refuses to approve it, despite
an uprising within the community.
This week's tip deals with the lessons of that real-life scenario
experienced by Brian Lincks, vice president of City Property
Management Co. in Phoenix, which oversees 270 associations.
Lincks says there are several lessons in this sordid tale.
"Architectural committees must use a reasonable test, and they
should be looking at: How can I get people approved and still
uphold the standards of the neighborhood? Not: How can I deny
them?" he says. "In addition, when the board has the authority
to remove committee members, it needs to monitor and remove them
when they're not being reasonable or tell them they'll be yanked
if they don't come to a reasonable conclusion. If the committee
isn't following through with reasonable variances, the board
needs to pull the committee."
In addition, if your association is among those in which the
architectural committee has final say over such issues,
reconsider that system. "In 90 percent of my associations, the
documents say the committee's decision is final," says Lincks.
"There's no appeal to the association's board. So the board
needs to be careful about whom they appoint to the architectural
review committee.
"They should also insist that the committee set up a process
that allows the board to be part of its hearing process. Even
if the documents say the process is final, that doesn't mean
the board can't be involved in hearings to determine whether
variances should be granted. Or if there's a denial, there
should be an appeal process that includes a couple of committee
and board members."
The best way to handle requests for variances from the
architectural review process is to create a system for handling
every one fairly and reasonably. To learn more about how to be
fair and reasonable with requests for variances, see our new
article: http://www.hoaleader.com/members/374.cfm
Best regards,
Matt Humphrey
President
P.S. In observance of the Christmas and New Year's holidays,
there will be no "Tip of the Week" email for the next two weeks.
Happy holidays from all of us at HOAleader.com!
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Recent articles posted at HOAleader.com:
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HOA Architectural Review: How to be Fair and Reasonable With
Requests for Variances
It's inevitable that at least one of your homeowners will
approach your board and ask for a variance from the association's
architectural review standards. Can your HOA grant a variance? If
so, should it? Here are some answers.
Click here to read full article:
< http://www.hoaleader.com/members/374.cfm >
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HOA Construction Defects: Don't Shoot Yourself in the Foot
You face a dilemma when your owners encounter problems that might
be the tip of a construction defect iceberg. How can you
complete
necessary repairs quickly while still preserving any claims you
may have against your developer? This week's tip explores that
difficult problem.
Click here to read full article:
< http://www.hoaleader.com/public/373.cfm >
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What Your HOA Must Know About Construction Defects
If your condo, townhome, or homeowners association has uncovered
repair problems that may indicate there are construction defects
in your community, you need to know the basics of pursuing a
claim against your developer. Here's a summary.
Click here to read full article:
< http://www.hoaleader.com/members/372.cfm >
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What Financial Information Must Your Association Disclose to
Prospective Homeowners?
One of your members has put her unit up for sale. She gets an
offer and accepts it. You then get a request for all kinds of
home owners association records from the buyer. What's your
response? What must your association provide when prospective
homeowners ask for your association's governing documents? What
about your financial documents and minutes? What if the buyer
asks the number of delinquent owners and the amount of the
delinquencies? The answer to those questions depends on your
state's law and your internal practices. Some states have rules
requiring associations to provide extensive detail to potential
buyers. Others are silent on the issue. Here's an overview.
Click here to read full article:
< http://www.hoaleader.com/members/370.cfm >
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Discussion Forum Follow-Up: Is a President's Vote-tossing Proper,
and Other Election Shenanigans
If there are two board positions open for election, must owners
vote for two people for their ballot to be counted?
Click here to read full article:
< http://www.hoaleader.com/members/369.cfm >
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