Question:
The Architectural Committee of my HOA refused to approve my backyard gazebo because it has metal roof and does not have wooden shingle roof as the rules requires. However, there are 4 gazebos with metal roof currently existing in backyard of home in my community. How they were approved but mine rejected? The board of my HOA is not taking any action against this bias treatment of a homeowner. What avenue I should pursue to get unbiased treatment?.
– Suresh
Answer:
Hi Suresh,
According to the Davis-Stirling Common Interest Development Act Section 4765(a), the association’s decision must not be arbitrary, capricious, or unreasonable and it must provide a fair decision-making procedure. You may raise this with the board and ask for a reconsideration, noting the selective enforcement.
You may appeal to the board by sending a letter, attending a board meeting, or requesting to host a special meeting as provided in your governing documents. You may also present records or evidence of selective enforcement when making your appeal. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
