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There is a long back story, but here is the very short version. We were stopped at the framing stage of construction last July and required to re-survey to verify what we were building matched the plans submitted. After it was verified with no changes (costly for us), in order to re-start construction, we were required to submit a retaining wall plan (over a year ahead of construction completion, which is difficult and unusual). The plan included only walls and did not include other planned features like landscaping or stairs since it was just a wall plan. During the construction of the retaining walls, we added the assumed to be approved stairs providing access from our east facing street front (we have two street fronts on a corner lot) to our front door. Stairs are needed due to a steep driveway posing a slipping hazard, the 400 ft walk to access our east side of the house without any stair route (it is a large lot and house), no sidewalks, children in the family, and handicapped parents who live with us for part of the year. It is a huge safety issue for us. All other Association residents were afforded similarly constructed stairs. The stairs conform to the HOA guidelines and look great. All neighbors surrounding our property are in total support of the walls and stairs. Because I submitted a request for variance from the year-old wall plan to add stairs as depicted on the landscape submittal PRIOR to receiving the written approval from our ARB, I have not been able to receive approval of my landscape plan. Their reason is, because I started the stairs (that every other home owner has) without the letter, I must tear out the stairs. The only reason they have cited that I cannot have them is because I submitted my request late and therefore they are denied. Their denial decision is based only on the permission timing (which I asked for on the landscape submittal). The ARB has not considered any of my justifications, concerns for safety, functionality, or the similarly installed stairs of my neighbors. They do not seem to be acting in good faith, they are not being reasonable, their decision is capricious and based on their approval of other property owner’s front door access, they are making an arbitrary ruling in a punitive, make-an-example out of me manner. Do I have any rights or recourse as a current and long time dues paying resident to get them to allow my stairs? Is the FFHA in play here? Or our fear of injury if I do not have them approved due to slipping hazards and lack of sidewalks at a 3 way intersection (I have a friend in this same neighborhood being sued for a slip on his driveway). Reasonable use of my property is restricted without the access. They have not made an attempt to meet with me after numerous requests. This denial for a routine access that every other homeowner has seems punitive and vindictive and defies logic! I need help.
You contend that the HOA is targeting you and that your plan has been rejected on an arbitrary and capricious basis. You may well be right and the HOA does not have the legal authority to defend its action if you are right. Many times the best first step is for us to draft a demand letter to the HOA explaining the facts as we see them, how the law supports our position, and how if we are forced to bring a lawsuit we will win at great cost to the HOA. I recommend that you contact us to schedule a case assessment so that we can review the facts and your desired outcome in detail. Just call 303-688-0944 or schedule online at robandhen.wpengine.com/locations.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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DisclaimerThe response posted is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.