Why & When Did the Board Approve This?
Read the rules for sheds in the Summit Modifications Committee Guidelines on the HOA's website. See Section 22 DETACHED STRUCTURES(SHEDS) on Page 15.
At the end of Section 22 authority is wrongfully claimed by the Committee.
"Note: The Modification Committee reserves the right to allow or disallow the construction of the detached structure for reasons not covered in this guideline. These are just guidelines and not meant to be hard fast rules for construction of a structure. This is a guideline for the homeowner who may be considering the construction of a detached structure on their property. The Modification Committee has the final say in what is or is not allowed." [emphasis added]
Why should the Committee have such broad discretion? Can it just thumb its nose at the rules? These are not "just guidelines". They are the guidelines.
Who has the final word in The Summit's HOA?
The Board of Directors has the final say, not the Modifications Committee. And the Board only has it, until the Voting Members stand up and challenge them. Beyond that, a homeowner (Member) could disagree and haul the HOA into court. So I guess it's a Court that really has the final word.
How and when did the "Note" make its way into the Guidelines? Has it been there all the time, or was it added about the time the owner of that blue house up the street from the office wanted to install a garage (shed) in his backyard that is larger than 10x10x10? Who was on the Modifications Committee when that garage was approved? If there is electrical in the garage, is it up to Code?
That "shed" (garage) never should have been approved. It's much larger than 10x10x10. Was the change in the fence to allow a double-gate approved, so the car could be driven out to the street?
Whose idea was it to allow the Modifications Committee to have more power than the Board of Directors? Who was President at the time this Note was added? Or was it in Section 22 when it was originally written?
Hint: when Guides (or the By-Laws or the CC&Rs are amended, changes should be notated with dates.
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