Real Estate Law
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Thank you for the detailed information:
I received confirmation of approval of the installation in October 2012 via email communication. The installation took place the same month. I received the official approval paperwork referring to the 10/12 installation 01/13. I received an email from the property manager and spoke to him in 04/13 alerting me of my violation. When I sent the supporting paperwork he said that there was a miscommunication. I had the dish installer out again today 6/8/13 with the HOA president to discuss the issues with the one wire. The HOA president said the paperwork was sent to me in error and it shouldn't have been approved. He said that he would not approve the wire to run along the exterior of the unit. I offered to paint the wire the exterior color to further hide the wire. He again said that he would not allow for approval of wire running along the exterior. There are no safety issues associated with his disapproval. Thanks! Your initial post: I live in Colorado in an attached town home. The HOA restricts satellite dishes from being placed on the exterior walls of the unit without approval. Additionally they restrict wires from being run on the outside along the building. The HOA does allow installation of dishes on the home patio. Due to the way my home faces I cannot put it on my patio. I sent the application for approval to put the dish on the exterior common wall and run wires from a new outlet. I received a letter approving the installation. The only restriction notes were received via email saying that the dish had to be pole mounted. There were no restrictions regarding the wires. They HOA is now saying that the wires are in violation and they sent the approval letter by mistake. I have had the dish installers and the HOA president put twice in an attempt to work with the HOA as much as possible. i am moving one wire in an attempt to appease the HOA. Unfortunately, due to the outlet position I will still need to run one wire along the exterior. Do I have any recourse since the HOA sent me an approval letter to the original modification request?
Response: Yes, you do have recourse. HOA cannot “UNAPPROVE” your installation after you have already installed it. You have a case to make against the HOA for detrimental reliance if HOA tries to penalize you. You relied on the approval to incur the expenses of installation, which you not have incurred but for the approval. You cannot undo it without incurring more expenses. If HOA insists that you undo it, then it has to be done on 100% HOA’s expense. Otherwise, you have every right to let the installation stand and let HOA spends money to sue you for the "unapproved" wiring. You can then defend the lawsuit by producing the approval received from HOA.