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The laws that administer the landmarks to construct buildings are termed as the architectural laws. There may be problems in architectural situations if there isn't a clear understanding of these laws. These laws help to prevent those problems by establishing law and order. Below are answers to few of the more common questions about architectural law: In the last 3 months, the architectural rules changed twice without BOD’s approval just to fit in the AC needs. Is it acceptable? The BOD did not approve the changes but still they changed. This is because there was a loop hole I came to know about that worked for me in my problem.
To begin with, it’s the bylaws that administer the rights of the board and the AC. Therefore, in such a case, it is not possible for either the AC or the board to change the rules according to their own conveniences. According to the bylaws, it is stated that if there are any changes made to the rules that can impact homeowners’ interests, it would require a certain percentage of the homeowners’ votes. If there is any violation to this rule, it should not be enforced. Moreover, trying to circumvent the bylaws in such cases would result in a breach of their fiduciary duty towards the homeowners. The homeowners, in this situation, have the authority to initiate an action in removing the offended members from their duties on the AC. I purchased two gazebos. The first one was approved by my condo association but the second one that I bought to protect my small dog from a hawk was not. The condo association wants me to remove it. What can I do? I need to protect my dog.
It is required that all the owners and tenants should abide by the bylaws and rules of the current board, since these rules are made on the basis of the contractual agreement and approval by the condo association. Moreover, according to the law, every person needs to go by the terms of the existing association. No person has the right to put into effect the association laws for protecting animals. There is no state or local law addressing this issue. Therefore, in such cases, you would need to be in full compliance with the current association laws. If the decision of an Architectural Control Committee is appealed to the HOA Board of Directors, are there any procedures the Board should follow to hear the appeal in Colorado? In case the appeal is rejected, what are the options the appellant might have?
The rules of the procedure are not laid down in statute. All these procedures are established in the bylaws of the Housing Association. The person, usually needs to have a copy or can request to have one. Normally, the board needs to function according to the rules. Therefore, even though the board has the discretion, they cannot let a person do something if they are not permitting others to do the same thing. The final recourse is to the approach the courts. However, unless it is proved that the appeal is discriminatory; the board’s decision will usually be upheld. A person can deal with any type of difficult situation and make the right decision, if that person has the right information about the architectural laws. If you need any clarification about your particular situation with respect to architectural law, you may wish to ask a real estate lawyer.
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