Bravo !!!! And what should have happened was when one person says 1 thing & another has a different opinion at this point the Board should NOT MAKE A JUDGMENT CALL ON THIS !!!! The Board should understand why would anyone want to tell a homeowner NO . I think it is human nature to sort of want things to be easy & if there is any way something could maybe be approved if a homeowner does this or that, I think anyone on ACC would give a conditional approval if possible to do so . This was disapproved 2x by the old ACC & as ALWAYS this Board over road them by allowing either the new ACC to have a DIFFERENT OPINION ON WHAT OUR LEGALS SAY & MEAN OR THEY THEMSELVES OVER ROAD THE OLD ACC & GAVE PERMISSION FOR THE FENCE TO BE BUILT . Someone approved this fence ????
AGAIN WHY DIDN'T THE BOARD CONSULT OUR HOA LAWYERS ??? How many more of these would you like to see ?
@bbk:
I wanted to add this to what I already wrote . Does the Board have the right or shall we say power to override the ACC decision ?( I think) yes they have the right . But should they also have to follow deed restrictions ??? Every person living in ACIA has to follow deed restrictions , & every Board member is a homeowner in ACIA .Does anyone really believe when the developer spent a bunch of time & money to set up all our legal documents that he said ok all homeowners have to abide by our documents, BUT THE 5 BOARD MEMBERS DON'T HAVE TO. They can just ignore all legal documents & override things and do as they wish . I think above all others the Board was meant TO FOLLOW & INFORCE THE DEED RESTRICTIONS .If you look at Clarification of Portion of Declaration of Covenants & Restrictions Atas Shores 1&2 go to page 7 Sect 3. I quote a portion that says . The initial Trustee shall serve for an initial term of 10 yrs & thereafter ,until his successor is duly elected & ( QUALIFIED ) !!!! Also says The Trustees shall have the power to select one or more ( ADVISORY TRUSTEES ) from the residents of the subdivision to serve for such period of time as the Board of Trustees shall deem appropriate,for the purpose of providing advice & counsel to the Board Of Trustees provided that such advisory trustees shall ( HAVE NO right to ACT ON BEHALF OF THE ASSOCIATION ).
So the developer put into place a plan of an advisory trustees to help the Board & HE WANTS THE BOARD TO BE QUALIFIED .. So when the Board overrides the ACC do any of you think it is OK to NOT FOLLOW OUR DEED RESTRICTIONS ? And if not certain because 1 or more are saying something different would not you think they should speak with our ( HOA LAWYERS )???? What will that phone call cost ? Very cheap to do if you end up being faced with a expensive mistake . I THINK a mistake has been made & I think a fence like that would have gone up at that house & others before now if it was OK to do so .