Reader Questions - Vague Agendas

Good Morning Mr. Richardson,

We purchased a condo in Laguna Niguel. We noticed that many condos have privacy fences. All of these fences are constructed using the same white fencing material and look very uniform. During escrow, we were given the Association’s Rules and Regulations, including the Architectural Guidelines.

We filed the correct application to the Board for a privacy fence, using the approved fencing material. We had our neighbors sign the form stating they approve the fence.

The Board denied approval, stating the Davis-Stirling Act (1985). To say the least, we were very disappointed in their decision. My question to you is, can an Association Board deny approval using the Davis-Stirling Act without changing the Association Rules and Regulations that are given to you in escrow? Nowhere in any documents do they state the Davis-Stirling Act.

S.C., Laguna Niguel

Dear S.C.,

The Davis-Stirling Common Interest Development Act does not contain architectural standards (although some parts limit HOA power to prohibit certain items). However, at Civil Code 1378, it contains requirements upon the submittal process. Subpart 4 of that section states: “A decision on a proposed change shall be in writing. If a proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board of directors.” So, simply citing the Act is not enough. You should have been provided an explanation of how you fell short of the HOA’s standards, so you could resubmit a compliant application.

Good luck on your re-application,
Kelly

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.