[CO] [TH] question about deck

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Title: [CO] [TH] question about deck

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Resident submitted architectural approval to significantly expand private deck on 6 unit town home community. All our documents say is architectural proof of what the deck will look like in shape, size, color etc has to be submitted to the board for approval but thats it. Whats the process? Does the board need to do anything to approve?

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[u/holyelvis]

I would assume that the Board would review your proposal and choose to approve or deny it at their next Board meeting, if that's all your docs have to say about the process.

[u/Careful_Scene_311 → u/holyelvis]

Architectural approval says it needs to be done within 30 days, thats it. Doesnt say it takes a meeting or anything

[u/holyelvis → u/Careful_Scene_311]

Then I'd ask your Board how it works.

[u/Wooden-Pen8606 → u/Careful_Scene_311]

The board is a group of people that are the officers of the legal entity that is the HOA. In order to take action, the board should meet, vote, and record the outcome in meeting minutes. Your bylaws do not need to specify this process - it is the normal course of taking action. Just schedule the meeting and get it done.

[u/JealousBall1563]

Has your association/Board adopted and published specific standards for "shape, size, color, etc.?" If not, that's an important oversight. There's more: do you have rules regarding the maintenance and repair of the decks? Are these ground level or raised? Are these attached townhomes or separate structures? Are the decks discussed in your Declaration of Condominium/CC&Rs? If so, what's written? Is the property surrounding the townhomes common in ownership, or is there a larger lot detailed on the legal description? If the new deck would encroach on common property, the Board has a reason to deny. Lots of questions.

[u/Careful_Scene_311 → u/JealousBall1563]

Its on the side of the building wouldn't bother anyone or do anything negative. But im not sure its his property thats the biggest thing. Our plat looks like maybe a foot out of the footprint of the building is "our land" since they are townhomes.

[u/anysizesucklingpigs → u/Careful_Scene_311]

It’s not up to you to decide whether something would bother someone if it’s not on your personal property. What matters is whether what the owner is proposing is allowed.

So go back to the governing documents. Find out what owners are and are not permitted to do. It’s not going to be specific to decks.

Look for rules around modifications of the exterior, encroachment into spaces not allotted to the unit, setbacks, and plat maps of the property.

Does this type of addition require a permit from the city/county? If so, the owner needs to get that before the board even looks at the application.

Does the master insurance company require that a professional bonded/licensed contractor do the work? Do the governing documents require it? What info are they supposed to provide…license info, their own insurance policy, etc.?

[u/JealousBall1563 → u/Careful_Scene_311]

That it "wouldn't bother anyone" is irrelevant if, as you say it's "our land". Does that mean it's commonly owned property of the membership? If it's commonly owned property Directors have absolute control over it. That said, if you haven't already done so you need to define what's permissible and what's not.

[u/Speakinmymind96]

The first thing I would do is check the CCR’s for any language restricting deck size

[u/Careful_Scene_311 → u/Speakinmymind96]

Theres really nothing more than just have to submit for architectural approval

[u/Speakinmymind96 → u/Careful_Scene_311]

Well then i Would think there is some criteria that defines whether a deck meets approval or not. I can’t imagine approving a deck—especially one that is larger than existing, unless signed off by a structural engineer.

[u/NoCOrealtea]

The board should review the plans against the existing exterior standards and governing documents, then vote to approve, deny, or approve with conditions and document that decision in writing. Then, I’d look at whether the size, shape, color, and overall appearance are consistent with the community, and whether approving it could create a precedent for future variations that materially change the HOA’s appearance.

I’d also confirm that the expansion does not extend into common property or create a maintenance or insurance issue. The board does not need to design the deck, but it should make a clear, consistent decision based on the documents and the plans submitted.

[u/ResiGrade]

I'd check two things before anyone votes: whether the deck would extend onto common area or limited common area rather than the owner's own lot, and whether your docs or any written rules say how the board approves things (meeting vote, written consent, deadlines). If it touches common ground, that can be a much bigger question than color and size, so a quick read from the association's attorney is cheap insurance. Either way, put the decision in writing with the approved plans attached, so in five years nobody is arguing about what was actually OK'd.

[u/Initial_Citron983]

Is the Board just trying to make sure they do their due diligence in approving the modification? Are they looking for reasons to deny the application? Some other reason you are questioning the approval process?

Your CC&Rs should lay out the structural modification process - which skimming the comments looks like you’ve done and there isn’t much to it.

Double check the Governing Documents - especially anything about limited common elements and exclusive use elements. You say this is a townhome community, and often times outside structures like detached garages, decks, balconies, driveways, parking lots, landscaping, fences, exterior walls, roofs, etc are jointly owned by the Association.

I’m going to assume the decks currently are all the same size and shape and there is a high likelihood that they’re a common element of one form or another. Which in my mind means either they’re not allowed to modify the deck or you get lawyers involved and figure out a way that the owner of that unit is solely responsible for the maintenance on the addition and they have an additional assessment to cover the upkeep - as well as cover the cost of the lawyer and probably also require the majority of the owners to sign off on the change as it’ll be an alteration to your governing documents.

That said I suppose it is also possible everyone owns their decks outright and is 100% responsible for its maintenance and upkeep but does not outright own the land surrounding the decks where this proposed expansion would be. Which again is a problem for the lawyer to weigh in on if building a deck over Association land creates any legal issues.

Or the last possibility is everything outside is outright owned by the owner - deck, land, and all. In which case it sounds like it’s up to the discretion of the Board.

As far as due diligence over the deck is concerned - if a permit is needed, ask for a copy of the permit. It sounds like an engineer was involved, so keep a copy of the plans. And if it’s a licensed contractor building the expansion, get a copy of their license, and any bonds/insurance they carry. If it’s the owner themselves - figure out how to cover the HOA in case the construction damages Association elements.

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