When the HOA denies your improvement request you may think there is nothing else you can do. Well, that might be the case, but don’t give up right away. R&H Litigation Attorney Dylan Becker, who handles HOA disputes, provides some direction for homeowners in this very situation.
Need Help With Your HOA?
Our real estate attorneys help homeowners who have disputes with their homeowner’s association. Start your free case assessment when you call 303-688-0944.
When the HOA Denies Your Improvement Request
It’s a common problem for homeowners around Colorado: you look forward to making some upgrades to your property only to have your plans quashed when the HOA denies your improvement request. Perhaps the HOA refused to grant your improvement request altogether or they are not in total agreement with it. So what can you do? The answers may lie within your HOA’s governing documents.
Step One: Check Your HOA Bylaws
The first thing you will want to do when the HOA denies your improvement request is to look at your governing document. You may be surprised to find that you actually do have the authority to make the changes you requested and that the HOA is overstepping its authority. In that case, pointing out this language to your HOA board may be all you need to do to proceed with your project.
If the HOA still refuses to reverse its decision, a strongly worded demand letter from an HOA attorney could be effective. Demand letters are an effective and economical legal tool to bring about a resolution.
Step Two: Request a Variance
Now, what if you discover the HOA has the right to refuse the sort of improvement you want to make? Well, depending on the circumstances, you may be entitled to a variance.
A variance is a request to deviate from the bylaws that would allow you to pursue your improvement plans.
Generally speaking, your HOA cannot arbitrarily render improvement decisions. If the HOA has approved similar variances in the past, then it should apply the same decision-making reasoning to your request, especially if it’s less extreme than those previously granted.
Making a variance request will be very fact-intense, so having an attorney to research the facts of your circumstance will help.
Get Help with Your HOA Dispute
Having your HOA deny your improvement project is frustrating. Our HOA attorneys can discuss with you what options you have to encourage a resolution. Call 303-688-0944 to start your free case assessment.