How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Roger Your Own Question

Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25986
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Type Your Real Estate Law Question Here...
Roger is online now
A new question is answered every 9 seconds

Our Declaration includes the following statement regarding

Resolved Question:

Our Declaration includes the following statement regarding Architectural Standards: "The NCC {New Construction Committee} shall adopt such Design Guidelines at its initial organizational meeting and thereafter shall have sole and full authority to amend them."

In our "Design Guidelines" document, there is the following statement: "This manual may be revised and/or amended by the Board of Directors from time to time." It also states a few pages later: "In all cases, the Board of Directors of the Association shall have the right to make the final decision on any applications that have been denied approval by the NCC (New Construction Committee)."

Are the statements in these two documents incompatible with one another?

If they are incompatible, are the statements in the Design Guidelines considered null and void because the Declaration "supercedes" the Design Guidelines?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Real Estate litigation attorney here to assist you.

 

The last two statements are compatible with one another. However, I think the first one does clash with the others.

 

The part that says "sole and full authority to amend them" cuts against what the other provisions say about the Board of Directors. I think you should try to re-word the statement to provide that the NCC shall propose design guidelines to be approved by the Board of Directors, and that any suggested amendments shall be approved or disapproved by the Board of Directors.

Customer: replied 2 years ago.

I wish I could re-word them. :-)

 

As the documents stand right now with the above wording, would a court decide that the Board of Directors do not have the authority to be the final say regarding the review of someone's houseplans since the latter two statements are contained in the Design Guidelines and the the first statement is contained in the Covenants?

 

How could the BOD have any oversight of this committee if they have no authority regarding this committee?

 

Thanks,

Shea

Expert:  Roger replied 2 years ago.
I think a court would recognize the inconsistency of the statements and direct the association to amend the provisions to work together and not contradict, and let the association vote on the new provision.
Customer: replied 2 years ago.

But if the way that the ACB is implementing the guidelines is contrary with FS 720, would a court be likely to rule that the BOD does or does not have the authority to step in and stop that particular behavior, even if all they do is approve a set of plans that the ACB has wrongly [according to the statutes] denied?

 

Also, if the architectural guidelines were written before FS 720, is the ACB still required to allow the homeowner the choice of materials as is required by 720? And, can the ACB require certain design elements that are not specifically stated in the guidelines, or does the fact that the guidelines were written before 720 give the ACB an "out" to not abide by them and afford the homeowners the rights that were provided for in 720.

Expert:  Roger replied 2 years ago.
Let me check on this and I'll respond.
Customer: replied 2 years ago.
The e-mail prompted me to accept answer but their is no answer to this question yet.
Expert:  Roger replied 2 years ago.

If the rule is in violation of any state statute, it would automatically be void as a matter of law.

 

Self-made rules must comply with any statutory or common law mandate. Thus, the provision should be automatically void.

 

Also, if the provision was made before the law went into effect, it would have to be changed to comply with the law.

Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 25986
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 12 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.