ARCHITECTURAL COMMITTEE DUTIES
Q.
I am on the board of directors of my homeowners association. We
have an architectural committee. Traditionally, the architectural
committee has been concerned with building code compliance. Is this
an appropriate matter to be commented upon by an architectural committee?
A.
No. Architectural committees should be concerned about compliance
with the CC&Rs, Rules and Regulations and the appearance of
proposed modifications. Compliance with building codes should
be left to the local city or county. If your architectural committee
assumes responsibility for making comments on possible code violations,
it places your association in a position to be held liable in
the event that it makes an error in judgment. There is no reason
for an association to assume that responsibility. Top
RIGHT TO
VIEW
Q.
I have an incredible view from my townhouse. Do I have a legal right
to a permanent unobstructed view?
A.
A property owner has no natural right to an unobstructed view
unless created by the legislature, local government or by
private parties through either an easement or CC&R provision. Top
SATELLITE
DISHES
Q.
Under the FCC rules, does an owner within a homeowner association
have the right to install a satellite dish within the common area?
A.
No. Top
SATELLITE DISH RULES
Q.
How do I learn more about Satellite Dish Antenna Rules for homeowner associations?
A.
Visit Satellite Dish Antenna Rules on our website.
Top
CHRISTMAS
LIGHTS
Q.
Our homeowners association has a restriction against members attaching
anything, including lighting, to the common area. The common area includes
the roofs and exteriors of the buildings. We interpret this to mean
that members cannot attach Christmas lights to the exteriors of
their townhomes. Can
the board make an exception to the restriction so members can
put up their lights?
A.
I believe your board will be safe in making a temporary exception
to the restriction, however, don’t be shocked if someone complains.
Any rule concerning Christmas
lights should include the following:
1) The first date they may
be installed,
2) The
last date for their removal,
3) Any
limits on the number of lights permitted (if applicable),
4) The
type of hardware permitted to be used for installation, and
5) Any
daily fine to be imposed if the lights are not removed on time. Top
ARCHITECTURAL RESTRICTIONS
Q.
Our homeowner association’s 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?
A.
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.
In making such decisions, association boards have wide
latitude. Top
VIOLATION
OF ARCHITECTURAL REQUIREMENTS
Q.
May our homeowners association record a “Notice of Violation of
CC&Rs” against a member’s property for a serious architectural
violation?
A.
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
TOWNHOUSE
OR CONDOMINIUM
Q.
What is the difference between a townhouse and a condominium?
A.
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.
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