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?

I am goign to suggest that you get a written legal opinion from an attorney to cover yourself.

That said, I think it says if an owner submits plans for changes or alterations, if the board does not act within 30 days, the owner can basically do what they planned to do without HOA permission.

My concern is the section in CAPS. To me, it says that regardless if an owner submits anything, if they start to make the change and complete the changes before a notice of being sued by the HOA (for starting to make changes without approval) is served to them, then the project is defacto approved, wether submitted for approval or not. Has nothing to do with 30 days.

For example, if an owner wants to knock out his front brick wall and put in a glass bay widow, and he can get someone to do that in a few days, then chances are he won't get a notice of being sued by then. If he finishes that project before he gets notice, then the HOA can do nothing...

PLEASE TELL ME IT DOES NOT SAY THAT.

I am VERY concerned if it does.

My interpetation is that when a homeowner applies for a 'change' the clock starts ticking.
The HOA has either 30 days to respond or the 'change' shall be deemed to have been approved.
Alternatively, upon the homeowner making application and thereby putting the HOA on notice, if the HOA does not commence suit against the homeowner to enjoin the homeowner prior to the 'change' being completed, then the 'change' shall be deemed to have been approved.
Why this interpetation? 1. Because that is what it says and 2. It would stop homeowners from (as you said) building in the middle of the night.
I would consider amending the original HOA agreement to remove this secondary aspect.

Steve @ www.buyingahouseandsavingmoney.com