What to do about a dispute with an HOA Board over prevoiusly approved windows and frames?

UPDATED: Nov 13, 2011

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What to do about a dispute with an HOA Board over prevoiusly approved windows and frames?

My in-laws have a home in an HOA. They wanted to replace their windows and followed the process of submitting the required architectural form. After a few emails with the window company regarding the type of windows, pictures that represent the basic window, the board approved the windows. The board has since inspected the windows and decided they don’t like the new frame size as the previous windows had only a small frame. So it now wants the frames removed and for them to resubmitted for approval. I believe based on all written communication and the wording in the CC&R’s that this is baseless.

Asked on November 13, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your in-laws went through the proper process with the association for the approval and installation of the windows they wanted, the board approved the windows, they were installed, and now the association wants the windows removed, I would take the position that once approved and installed, the windows remain.

If your in-laws get pushed by the association about the windows, they may need to consult with an attorney experienced in dealing with planned unit developments.

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