HOA Alteration Help

[loyolacub68]

What is the name of your state (only U.S. law)?

California

Ok long story I'll try to keep it short.

Of the four buildings in our association. Only one building is adjacent to a common area which is basically like a small backyard. About eight years ago, myself and two of the other condo owners asked for permission to install sliding glass doors in our downstairs bedrooms so that we may could have better access to this area, along with a deck to act as a landing as you come outside. This was approved and at the time the board agreed that any deck that an owner would install would be of the same style and size of the deck immediately above on the top story (these are 2 story units).

Two years ago, I was the first one to begin this project. We notified the HOA president (who was new to the association) before getting started and installed the sliding glass door with only a small staircase as I did not have the money for a deck. The HOA board was not pleased and claimed that such a project had not been approved. These board members had not been around at the time of this decision, and meeting minutes and agendas had been lost due to a switch a few years back to a different management agency. Several owners signed a petition and this was brought before the board who basically accepted that there had been a previous acceptance and that no further action would be taken.

Fast forward to today, I brought it to the attention of the board that I intended to finish the project by installing a deck and I asked for their guidance on the style and color. The HOA president said that we could not construct the deck, as this would result in the reduction of the amount of common area and that the CCR's needed to be changed before we could proceed, which would require it to be voted on by the association.

Two questions:

One: Since the previous board approved the project in the first place, can I continue with the project without the current boards approval as long as I meet the original approval standards of "same style, type, color and size of the above decks"? I feel that despite the current boards opposition, they legitimized it by allowing my sliding glass door to remain.

Two: What actions can an HOA take if I decide to proceed with the alteration? Do I have enough proof that the project was approved?

Thank you for any help.

 

[HuAi]

You don't mention in your post if you have any proof that your project was approved. Do you have the original written approval from 8 years ago? What if anything did the board issue to you in writing after you installed the glass door? If this comes down to a fight, condo association will hire an attorney at everyone's expense to bring suit to compel you to tear down the deck (and maybe the glass door depending on what they've done so far). I think one of the questions that will be asked at the lawsuit is why it took you 8 years to act on the first approval. 8 years is a very long time. There may be a rule in your condo bylaws on how long approvals last, but I think you'll have a hard time arguing that 8 years is reasonable.

Lastly, take a look at your bylaws, specifically at construction/alteration and common elements sections. That document may contain some answers. All bylaws will be different to some degree, but I would find it very unusual if bylaws allowed the board to permit individual members to build a deck on communal property for their private use. Such a provision would be ripe for abuse by the board.