Any rule concerning Christmas
lights should include the following:
1) The first date they may
last date for their removal,
limits on the number of lights permitted (if applicable),
type of hardware permitted to be used for installation, and
daily fine to be imposed if the lights are not removed on time. Top
Our homeowner association board of directors serves as the architectural
committee of the association. We recently submitted an
application to the architectural committee before having our home
painted. The color
is not an approved color and therefore, the architectural committee
rejected the application.
Can they do this?
Yes. A board of directors may
exercise its discretion and aesthetic judgment in deciding whether
to approve or disapprove an application for an architectural change
provided that its decision is made in good faith and is reasonable.
It must also treat all members equally.
In making such decisions, association boards have wide
OF ARCHITECTURAL REQUIREMENTS
May our homeowners association record a “Notice of Violation of
CC&Rs” against a member’s property for a serious architectural
No. Recordation of such a notice
is not permitted. However,
such a notice is required by law to be provided to a prospective
purchaser by the owner of the subject property. Top
What is the difference between a townhouse and a condominium?
A townhouse is an architectural style, whereas a condominium is
a legal form of ownership.
Townhouses are homes generally constructed in rows and are never
stacked one on top of the other. They are normally multi-story
homes with an attached garage at the lowest level. A townhouse
may be a condominium, but it may also be part of a planned development
or an apartment building.
A condominium consists of an undivided interest in common in a
portion of real property coupled with a separate interest in space
called a unit.
Should our association board expect our management company to write bid
No. Your board should ask the management company to have appropriate experts
write bid specifications. The expert who writes the specifications should
not submit a bid for the work in order to keep him or her as objective as
possible. For large projects, the board should consider hiring a
construction manager. Top
NOTICE OF NON COMPLIANCE
Can our homeowner association legally record a document against a lot within our community that would put a future buyer on notice that the home is in violation of our architectural requirements?
No. Up until a few years ago, an association could record a Notice of Noncompliance with the County Recorders Office describing any violation of the CC&Rs. The process worked very well in protecting associations as well as potential buyers. Unfortunately, an activist court overruled the State Legislature making the notice procedure unlawful. Top