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Side driveway battle

Submitted by owens_dm on Mon, 10/08/2007 - 4:24pm.

I'm new to this site so I hope I have posted this in the right spot.

Attn: To ANYONE who can help me.

I and my husband moved into our new home in 2003. My husband became the vice-president of the HOA. We had spoke on several occasions about our side driveway being put in at a later date with the other HOA members (4 total).

The president quit and moved away this past summer. ( july 2007 ) My husband spoke with the treasurer about the same time and stated that we were getting ready to have the driveway poured and a sunroom added to the back. He stated no problem but to submitt it in writing. We went on vacation at the end of July 2007 and the construction started while we were gone. The treasurer called us and stated "No" he did not like the look of it. Well, we did not submitt the written request. (our bad I know!) So, we stopped construction received the letter of abatement, complied with that and sent the request. Well, according the the HOA there is a 30 period for them to grant or deny a request by way of letter. We did not receive either. During this time I spoke with him and got him to sign the letter for the room but he was still not sure of the driveway. I told him that I would hire a lawyer to handle this for me (which I have). We waited the 30 days and my lawyer sent them a letter stating that we could begin construction per the HOA agreement. That was dated around September 16th, we decided to give him 37 days. Well, with no communication for the HOA (which now consisted of 2 people because they kicked my husband off the board stated that he was missusing his athority on the Board?) We set the driveway to be poured this week. My lawyer called me and stated the he just recieved a letter dated the 2nd of October stating the the HOA will not premit the construction to be performed due the fact we did not get athorization prior to constructon and did not apply to abatement (which we did). My husband said he is NOT stopping the construstion AGAIN and they could try to sue us if they wanted. The time frame is this.

construction stated 7-27-2007
they sent letter of abatement 8-6-2007
sent letters for approval 8-7-2007
recieved letter of abatement on 8-10-2007
HOA approved the sunroon 8-20-2007
hired lawyer 8-22-2007
applied to abatement 9-4-2007
lawyer sent letter stating 30 days for approval/denial 9-16-2007
lawyer recived letter stating NO to driveway and stated HOA would win case
10-8-2007 dated 10-2-2007

HOA waited almost 8 weeks to respond to the request letter for the driveway.

Can I fight this? and I have been told that my huisband was thrown off the board illegally.


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It depends on how the Bylaws

Submitted by Paul (not verified) on Tue, 01/29/2008 - 5:30pm.

It depends on how the Bylaws are written as to how you appeal the decision of the "board". Some states also allow mediation or have a pathway through special courts to hear these kinds of disputes. Sometimes you can use a lawyer and other times you can't. Your lawyer should become familiar with the CC&Rs as well as the bylaws. I hope you win!

In a perfect world, you would easily win the case since you waited the prescribed 30 days. I say perfect world because I went the same route as you. I applied, in writing, for permission to build a workshop in my back yard. I waited three weeks for a reply then I asked the members of the architectural committee to please review the plans and look at the site. They did and said they didn't see any problems (verbally). I waited until three months later to build the workshop per the plans they submitted. I never received a letter approving or denying my request.

At the next annual meeting (several months later), the president asked me when I was going to stucco the building. Stucco wasn't in the plans and wasn't discussed at any time. She said that they sent me an email with the conditions. I did not receive the email and told them that replies are required to be in writing and delivered by registered or certified mail. They said they could do it however they wanted and their "attorney" agreed. Arizona State University English department heads disagreed with their interpretation and suggested that the attorney go back to school!

Long story short, I finally tore the building down and sold the property! I will NEVER buy a home in an illegal government controlled area again.


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