HOA Board Asking Homeowner to Fix Something After Approval

Question:

My HOA is targeting me and bulling me about a few things I have approval on and I need some guidance. They have give me a date to fix what they approved by Oct. 1

– Lauren

 

Answer:

Hi Lauren,

Kindly first double-check whether you have proper approval. Make sure what you’re doing is approved not just by local government agencies or departments but also by the HOA board. Many acts homeowners do, such as changing the exterior of their homes, require board approval. Moreover, make sure you are not violating the governing documents. Otherwise, you may need to comply with the HOA board.

If the approval is valid and you’re compliant, you may appeal to the HOA board and ask for a meeting. You can also utilize various dispute resolution mechanisms like arbitration and mediation as provided for in the governing documents.

If all else fails, you may try to remove the problem board member(s). If the HOA is incorporated as a nonprofit, it is subject to the Utah Revised Nonprofit Corporation Act Section 16-6a-808 which states that directors can be removed by voting directors or members if they were elected into the position. The procedure for removal may be outlined in the governing documents. For further guidance, kindly consult a lawyer.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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