'They're angry, but hands tied': HOA declines building request over 30 days after it was submitted, homeowner throws their own rules back in their face and gets to build anyway

Author image for Elna McHilderson
Elna McHilderson • Managing Editor
Sep 2, 2024 9:00 AM EDT

It's rare to find a neighborhood that loves its HOA. Most of the time it's the neighbors complaining about how many fees they have to pay, but all they get are requests denied. Sometimes it's an HOA run by a bunch of old cranky Karens who thrive off of the power of having control over what color you get to paint your house or if you can build a fence. 

Speaking of, this homeowner put in a request to build a fence and was denied. However, she was able to toss that denial in the trash. How so? By throwing their own HOA rules right back in their face. You see, they have a deadline to reply to her request, 30 days to be exact. They didn't respond until over 80 days later. So she was able to, ever so satisfyingly, send an email basically saying, their opinion is void now. See the entire situation below!

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  • 01
    "Thanks for the verdict... [However], approval is not required for this architectural build and I have complied with the governing documents..."
    via Wonderlane via Flickr
  • 02
    HOA declined my fence proposal, but... × Project declined. 2 HOURS AGO me Hello, Thank you for the verdict letter provided on August 27, 2024. on 2 HOURS AGO This Architectural Review and the supporting plans and specifications were submitted to the HOA Board on June 4, 2024. As per Article VI of the HOA CC&Rs, dated and uploaded to "in the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifica
    via i-choose-science
  • 03
    X Project declined. 2 HOURS AGO 2 HOURS AGO me Hello, Thank you for the verdict letter provided on August 27, 2024. on This Architectural Review and the supporting plans and specifications were submitted to the HOA Board on June 4, 2024. As per Article VI of the HOA CC&Rs, dated and uploaded to "in the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approv
    via i-choose-science
  • 04
    t3lnet Cue up the threatening lawyer that your dues pay for for them to threaten you turbo_fried chicken • I wonder would there be grounds to actually claim that money back as damages? Your dues are being weaponized to threaten you. If you win whatever dispute, is it reasonable to say that you should be entitled to the money that YOU spent on the opposing lawyer? Surely there's some precedent for that.
    via t3lnet
  • 05
    yow 70. Keep us up to date on how this devolves into a huge mess. myspecialdestiny • I had this issue with my fence and the management company sided with me, even put in writing that the board was "unreasonable". Was mildly impressed, until the company sold and the new management company refused to deal with complaints because "good neighbors work things out themselves." Moved out a short while later and will never live in an HOA again.
    via yow70
  • 06
    Crutley • . If they come after you, lawyer up and go after them. You will prevail and you should be able to recover your attorney's fees. The covenants govern not just your behavior but theirs as well. They missed their deadline and therefore your submission was no longer subject to their scrutiny (unless there is something else in the covenants that would contradict).
    via Crutley
  • 07
    dude_himself Had to do the same in the spring, they approved with contingencies 49 days later, 18 days after I broke ground. Built as submitted, they're angry but hands tied. RamHands. Breaking ground day 31. Nicely done
    via dude_himself
  • 08
    oldcreaker • They're going to pull a "agreed, that's what it says, but..." Or "how dare you use the rules we impose on everyone on us?".
    via oldcreaker
  • 09
    i-choose-science OP. I'm expecting to just not hear back from them. The HOA is virtually nonexistent. There are multiple homes on my street that are visibly in non-conformance with the CC&Rs. When I purchased this house earlier this year, the HOA tried to charge me a $150 new homeowner set up fee, but the closing attorney had an invoice from the HOA for a $75 set up fee. I was told the HOA "would look into it" and was never resolved.
    via I-choose-science
  • 10
    Radiant Transition793. Better than what our old board tried with me. They were fining me for not painting my house, refusing to approve my request for said fines, and turned it over to the association attorney. I hired my own attorney who reminded the association's attorney that the judge would not be amused if it went to court. The old board quickly approved my request and rescinded all of the fines and late fees. We ousted that board at the next election and I won one of the seats. I actually
    via RadiantTransition793
  • 11
    Harrycrapper I almost had the same thing happen, my HOA board was taking their time approving my request to replace my 40 year old windows. They did approve it in the end at least Odd-Professor-8233 I'm still new to learning about HOAs, they can actually deny you're ability to repair your own house? Do they legit just have control of everything in and around the house?
    via Harrycrapper
  • 12
    javd You better make a local copy of your ARB request meeting those requirements with timestamps so you have it handy if they get snotty with you. I wish I had this clause in my ccr, our ARB is so slow. i-choose-science OP. Oh I do. I have saves of all the timestamps on governing document uploads, the submittal for fence installation, their reply to the initial request stating their deadline for a decision to be made by July 13th, etc.
    via javd
  • 13
    CWF182 Hopefully you have firm proof that your plans were received by the Board on the date you stated. Certified mail, signature required, return receipt requested would be good. i-choose-science OP. I do. I downloaded the page on the portal, and they responded to the initial request.
    via CWF182
  • 14
    kubatyszko My bet goes on HOA responding that they meant 30 business day and try to fake-stretch it to make it work in their favor... i-choose-science OP. In an earlier comment made on June 13th (not shown in my post), they responded to my initial request stating, "Our deadline to provide you our approval is July 13th".
    via kubatyszko
  • 15
    MTB_Mike_ I looked at the before and after photos in your other post, it looks good. What was their reasoning for the denial? i-choose-science OP. Haha thank you! All the verdict letter had was my name and address, today's date, the request #, and "Denied. Reason: (blank)"
    via MTB_Mike_

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