• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

When can construction commence (30-day clause)?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

oohlalaw

Member
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.)
 


Dave1952

Senior Member
If the plans, as submitted, were not legible then , I think, you did not submit the plans. I'd not proceed until 30 days after the "legible" documents have been submitted.
 

oohlalaw

Member
Dave:

This is indeed the issue. The plans are legible in that they are large format and very clear. On the computer, one can zoom in and out of the pdf, but the Board member doesn't seem to know how to zoom in and out. They can also be printed at 11" x 17" or larger (up to the size of a traditional blueprint).

Wish he had indicated this a month ago when the plans were submitted. Seems like a member of an Architectural Board should be able to view a pdf.

Thanks.
 

FarmerJ

Senior Member
I too would argue that they let the time frame pass by and have to approve it. Iit is not your fault they didn't either bring it on a flash stick to someone who could help them view it and that they couldn't go to a librarian in a public library and say ` Im having trouble with opening a pdf and getting it larger could you help me. ( and if they wanted it in just one format like say real on paper blueprints then the restrictions should say so. Id say your free to tell them just that, > you could have taken the file on a flash stick to someone like a librarian or someone else to help you with it so the time has passed according to the rules so Im going to build.
 

Zigner

Senior Member, Non-Attorney
Please post the portion of the CC&R's that speak to how plans are to be submitted. Generally, "plans" would need be hard-copy, not simply computer files.
 

oohlalaw

Member
Thanks for your replies!

Concerning this "Please post the portion of the CC&R's that speak to how plans are to be submitted." . . . the entirety of the requirement is included in my first message.

During conversations before submitting the pdf's of the plans, the Board member went over the things they would look for. The exterior views, notes, and plot plan that were submitted show that the proposed structure is in compliance (size of dwelling, minimum distance allowed from any boundary, roof pitch, stucco or siding, etc.).

Appreciate your comments.
 

Zigner

Senior Member, Non-Attorney
Thanks for your replies!

Concerning this "Please post the portion of the CC&R's that speak to how plans are to be submitted." . . . the entirety of the requirement is included in my first message.

During conversations before submitting the pdf's of the plans, the Board member went over the things they would look for. The exterior views, notes, and plot plan that were submitted show that the proposed structure is in compliance (size of dwelling, minimum distance allowed from any boundary, roof pitch, stucco or siding, etc.).

Appreciate your comments.
My comment is that the board may have an argument that you haven't actually submitted plans. I suspect that when they printed the files, the resulting printed copies were not legible because you designed them to print much larger than 8-1/2 x 11. I would suggest that you offer legible printed copies as a formal, written submission.
 

single317dad

Senior Member
In any situation where I have a decision to make, I like to weigh the pros and cons.

Let's say you wait to build. Your cost to do so will be X, which may include extra costs from contractors for the delay, additional interest, etc.

Now let's say you build before formal approval. Your cost to do so may be zero, but it may also be Y, which could include litigation, demolition and reconstruction costs, and penalties.

Weigh the potential outcomes and make your decision.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top