Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power? Facts In a […]
Declarant/Developers of Community Associations love to reserve themselves rights within the Declaration that extend far beyond their Declarant control powers. This is nothing new. But when a Homeowners Association puts it foot down, who will end up on top? It depends on how all the sections in the Declaration read together, and as this case
Post-Turnover Declarant Rights? Think Again…This One has a Happy Ending for the HOA Read More »
Issue Does a homebuilder need Association approval of its plans? NO, unless the condominium documents require it. Facts The plaintiff was the builder, Canyon Custom Home Builders (“Builder”). The defendant was Somerset Condominium Association, Inc. (“Association”). The Builder wanted to construct on eight vacant lots/units. The entire Association consisted of 37 units. Although some units
