[quote=XBoxBoy]
While I threw out the question without much detail, curious to see what people would say, I think this is the situation. The only provision in the CC&R that allows the Architectural Jury to do anything is to record a document with the City Recorder stating that the owners are in violation of the CC&R by building without Jury approval. From what I can make of the wording of this section, (Good grief why do lawyers have to write in this style!) the only thing accomplished by this recorded document is it gives someone some ammo if they want to sue the offending homeowner.
In the end I think the case basically comes down to the homeowner saying, “hey I want to do this, I’ve got money, and if you want to litigate I’ll bury you in costs.” Since it’s unlikely the community will pony up the cash to fight this, my hunch is it’s a done deal.
The interesting thing is that for 50 some years no one has ever done this. They moved in knowing the rules and they worked with the Architectural Jury to find a solution. Now, this is all going to get thrown out the window. While I don’t really care too much about these things, it does seem to me as well… how do I put this…. uncivilized? What happened to old fashioned decorum? Does one really just tell your neighbors, “oh piss off.” I guess so.
XBoxBoy[/quote]
I lived in a neighborhood in Poway that had similar CC&R’s. I think it was about 25 years old when I moved in, just as they were expiring. Dues were like $25 a year, mostly spent on an annual block party, and a “monthly newsletter” that was sent out once or twice a year. I never paid the dues and never went to the block party, so they were pretty much optional.
Just after I moved in, the CC&R’s were renewed. I don’t remember the process, maybe there was a vote. I asked neighbors about it, and there were some pretty stringent rules about getting things approved through the architectural committee, but after about the first 10 years, nobody paid any attention to it and it dissolved.
My point is, if this community is old, it’s possible that the CC&R’s have expired anyway. And just like in some condo HOA’s, it could be some old farts that just want to exercise power because they can. If it was me, and I wasn’t making any changes that any reasonable person could object to, i’d say screw em. The uncivilized ones are those making the demands.
