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Questions about Architectural Law

Architectural laws are laws that govern the landmarks to building and help to establish order in problems that may happen regarding architectural situations.

Is it acceptable that our architectural rules have changed without BOD approval 2 times in the last 3 months to fit AC needs? The BOD did not approve the changes and they have changed because I found a loop hole that worked for me in my problem.

These rights of the board and the AC are governed by the bylaws; neither the AC nor the Board is allowed to simply change the rules to suit themselves. Any change to rules impacting homeowners requires the vote of a certain percentage of homeowners as set forth in the bylaws; any change in contravention of this is not going to be enforceable. Furthermore, the attempt to circumvent the bylaws is a breach of their fiduciary duty to the homeowners, and the homeowners in this instance should initiate an action to have the offending members removed from their duties on the AC.

I purchased a gazebo that was approved by my condo association, and then to protect my small dog from a hawk, I purchased a second gazebo exactly like the first gazebo. The condo association is demanding I take the second gazebo down. Is there anything I can do, I need to protect my dog?

All owners and tenants must comply with the current board bylaws and rules; this is all based on contractual agreement and approval by the condo Association. The law states that the person needs to comply with the terms of the existing association. There is no state or local law addressing the issue where the person can put into effect the association laws for the protection of the animal; so as it stands the law would require compliance with the current association laws. If one appeals a decision of an Architectural Control Committee to the Board of Directors of an HOA, are there procedures that the Board must follow in Colorado in hearing the appeal? What options does the appellant have if the appeal is turned down? The procedures are not set down in statute; they would be set down in the bylaws of the Association. The person should have a copy or can request one. The board has the discretion but they have to also follow the rules. They cannot allow the person to do something that they are not allowing others to do. The ultimate recourse is to the courts of the county. However, in most cases the decision of the board will be upheld unless it is discriminatory.

I submitted a request to replace a door with a sliding glass door, but without the signatures and with an explanation as to why there are no signatures. The application has been returned for not having the signatures. Can an HOA enforce such a requirement without following their guidelines?

A person can retain officers to send them a demand letter with the objective of compelling them to act. If they do not so act, the person can complete the contemplated modification and defend any action against the Association on grounds of their failure to comply with their own guidelines, despite several requests to do so.

Having the right information about the architectural laws can help individuals deal with difficult situations and make the right decisions. Ask Experts about the architectural laws and other related topics.

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Tina, Lawyer
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