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View Full Version : HOA Covenants on Architectual Changes


JohnMark
05-12-2006, 05:11 PM
I am Pres of an HOA in Texas. I need to know what the following section in CAPS in our Covenants means (I've included the whole sentance) : "In the event said committee fails to approve or disaprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, OR IN THE EVENT NO SUIT TO ENJOIN THE ADDITION, ALTERATION OR CHANGE HAS BEEN COMMENCED PRIOR TO THE COMPLETION THEREOF, approval will not be required and this Section will be deemed to have been fully complied with.

Specfically does this pertain to only if they submitted changes or if they make a change, regardless if they submitted changes.

I think what it says is that if a homeowner makes changes, regardless of weather or not he submits a request for approval of said changes and regardless if those changes are approved or not approved, as long as the HOA does not file a lawsuit against him for making those changes, before he completes the changes, then the HOA cannot enforce the penalty for making the changes without approval, as said changes have met all the requirements by the HOA for changes, as specified in our covenants and are, in effect, approved.

Is that correct? Because if so, then home owners could literrally overnight make a change (like change out the exterior light fixtures) and if not caught before they complete the change (in a few hours) then the HOA cannot do anything about it. (I hope I am wrong on this). If I am right, why on earth would an attorney for the Association put that in there?

elklaw
05-29-2006, 07:55 PM
Your question is too specific for a reply on here. Also, it is poor form to try and interpret a HOA covenenat without seeing the entire document. I suggest that you take the document to an attorney for review and interpretive help.

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