This pertains to California.
I would like to know how to interpret the 30-day clause concerning submittal of construction plans for approval in this language of the CC&Rs (I added the bolding to the last line):
“ARCHITECTURAL CONTROL: No building shall be erected or altered on any lot until the construction plan, specifications, and a plan showing the location of the structure have been approved by the Architectural Control Board ("BOARD,” herein), established by the Property Owners Committee ("COMMITTEE,” herein see Sec. 20). Factors to be considered shall include the quality of workmanship and materials, style, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. The Board shall respond to all submittals within thirty (30) days, or approval shall be deemed granted.”
Plans were submitted over 30 days ago. There have been some email exchanges wherein a Board member apologized for delays, but no approval or rejection has been stated.
Plans were submitted as pdf’s. After some weeks and requests for a decision, Board member eventually stated that he could not see the pdf of the plans clearly enough to read the notes. On day 28, Board member asked for blueprints to be mailed to him. A separate close-up of the notes was emailed since the deadline was looming. Now deadline has passed.
Property owner wants to proceed with the build, but wants to be assured that he is within his rights regarding the CC&Rs. Specifically, what is the meaning of “respond” in “The Board shall respond”? For example, does “respond” mean “make a decision” or does it mean “engage in a discussion without making a decision”?
Thank you. (Not sure which area is the right one for this question; hope this is it.)
I would like to know how to interpret the 30-day clause concerning submittal of construction plans for approval in this language of the CC&Rs (I added the bolding to the last line):
“ARCHITECTURAL CONTROL: No building shall be erected or altered on any lot until the construction plan, specifications, and a plan showing the location of the structure have been approved by the Architectural Control Board ("BOARD,” herein), established by the Property Owners Committee ("COMMITTEE,” herein see Sec. 20). Factors to be considered shall include the quality of workmanship and materials, style, harmony of external design with existing structures, and location with respect to topography and finish grade elevation. The Board shall respond to all submittals within thirty (30) days, or approval shall be deemed granted.”
Plans were submitted over 30 days ago. There have been some email exchanges wherein a Board member apologized for delays, but no approval or rejection has been stated.
Plans were submitted as pdf’s. After some weeks and requests for a decision, Board member eventually stated that he could not see the pdf of the plans clearly enough to read the notes. On day 28, Board member asked for blueprints to be mailed to him. A separate close-up of the notes was emailed since the deadline was looming. Now deadline has passed.
Property owner wants to proceed with the build, but wants to be assured that he is within his rights regarding the CC&Rs. Specifically, what is the meaning of “respond” in “The Board shall respond”? For example, does “respond” mean “make a decision” or does it mean “engage in a discussion without making a decision”?
Thank you. (Not sure which area is the right one for this question; hope this is it.)