SouthernYankee6
Junior Member
What is the name of your state (only U.S. law)? Alabama
My Property Owner's Association (POA) has an Architectural Control Committee to which the Covenants has language that reads: "With respect to all matters that are, by the terms of this instrument, to be decided by the ACC, the decision of the ACC shall be final and binding on all parties. No changes or deviations in or from such plans, specification or plan, as approved, shall be made without the prior written consent of the ACC."
What does this statement mean? Who are the parties?
a) Me as a lot owner
b) The ACC
c) The POA
d) All of the above
Background:
The ACC made a decision in my case by a majority vote (2-1) to approve my project as well as two variances I requested. The Board of Directors (the President and Treasurer) are denying the approval of the ACC and requiring me to provide details concerning ordinances, code, and structural information. The Covenants further specify: "Approval shall be limited to outward appearance only and shall not include any responsibility or authority to review for structural soundness, interior design, compliance with building or zoning codes or standard, or any other similar or dissimilar factors."
In my opinion:
(1) I am being treated unfairly (to my knowledge the board has never been involved in such decisions of the ACC).
(2) The Board of Directors are not following what the Covenants provide for by requiring information that is specifically prohibited from being considered by the ACC.
(3) The Board of Directors are in breach of contract by not following the requirements of the Covenants.
The President sent me an e-mail and in that e-mail he wrote "The covenants can be too perfect at times when Phase I is the only part of the subdivision stressing compliance. We all need to be on the same page so there will be no deception." I do not understand this statement and it make me think that the Covenants are not being followed.
Thank you!
Tom
My Property Owner's Association (POA) has an Architectural Control Committee to which the Covenants has language that reads: "With respect to all matters that are, by the terms of this instrument, to be decided by the ACC, the decision of the ACC shall be final and binding on all parties. No changes or deviations in or from such plans, specification or plan, as approved, shall be made without the prior written consent of the ACC."
What does this statement mean? Who are the parties?
a) Me as a lot owner
b) The ACC
c) The POA
d) All of the above
Background:
The ACC made a decision in my case by a majority vote (2-1) to approve my project as well as two variances I requested. The Board of Directors (the President and Treasurer) are denying the approval of the ACC and requiring me to provide details concerning ordinances, code, and structural information. The Covenants further specify: "Approval shall be limited to outward appearance only and shall not include any responsibility or authority to review for structural soundness, interior design, compliance with building or zoning codes or standard, or any other similar or dissimilar factors."
In my opinion:
(1) I am being treated unfairly (to my knowledge the board has never been involved in such decisions of the ACC).
(2) The Board of Directors are not following what the Covenants provide for by requiring information that is specifically prohibited from being considered by the ACC.
(3) The Board of Directors are in breach of contract by not following the requirements of the Covenants.
The President sent me an e-mail and in that e-mail he wrote "The covenants can be too perfect at times when Phase I is the only part of the subdivision stressing compliance. We all need to be on the same page so there will be no deception." I do not understand this statement and it make me think that the Covenants are not being followed.
Thank you!
Tom