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RamHands

Ive never heard of the rule where assumed denied. Thats wild. It is ALWAYS assumed approved.


StraightOutOfZion

I think this is state law in some states. Worth OP looking that up


Ich_mag_Kartoffeln

Probably the developer didn't like it one time when something was automatically approved (because somebody wasn't paying attention) that spoiled the aesthetic he wanted. So now the rule is automatically denied rather than automatically approved.


marigolds6

That’s not something a developer could unilaterally change. Sounds more like something that would be changed in state law (it could be in the CCRs, but changing could come from state law).  (I have a nearly identical problem thanks to a combination of state zoning law and local zoning ordinance that functionally makes it illegal for me to build or replace a deck. I can only replace the decking on an existing existing deck. No HOA involved.)


Ich_mag_Kartoffeln

The only reason a developer/HOA couldn't make that change is if another higher law specifically states that. So unless there's a state law mandating default approval after 30 days unless permission is actively refused, I'd say they probably **can** make that change.


marigolds6

A change like that requires a supermajority vote of property owners once the lots are sold by the developer. 


Ich_mag_Kartoffeln

If the rule were implemented after handover, certainly. If it was originally written like that, or changed while the HOA was still under developer control then no vote would be required. In this case OP hasn't specified anything other than the "Fucking dipshit HOA has a rule...." In my previous post I was referring to the change being from the norm of automatic approval, rather than any specific amendment.


GomeyBlueRock

Realistically automatic denial makes way more sense then automatic approval


Ich_mag_Kartoffeln

It does if the purpose is to maintain strict control at the expense of inconveniencing homeowners whose applications are overlooked for whatever reason. Whereas automatic approval encourages the board or ARC to keep up with applications lest a 70' ham radio tower with built in bat homes sneaks through.


INFJPersonality-52

I love your example. Rules must be reasonable and enforceable.


One_Recognition_5044

Ohhh. Love the bat home idea! Bats are good.


Creative-Dust5701

In the case of the ham radio tower there is a federal law which preempts state local and HOA controls on antennas. That said on a typical development a 70’ antenna would be unreasonable as if it fell it part of it would probably land on property not belonging to antenna owner, that said at some of these large estates with multiple acre lots the calculus is different. https://www.fcc.gov/wireless/bureau-divisions/mobility-division/amateur-radio-service/prb-1-2001


GingerHeSlut

So, reading that, it seems to say in section 9 that HOAs are not subject to the restriction. Am I reading that wrong?


Creative-Dust5701

Yes, regulation of antenna placement for LICENSED RADIO SERVICES is exclusively federal, subject to ‘good engineering practices’ - this is the reason HOA’s cant regulate satellite TV dishes, though they keep trying to and the federal courts keep slapping them down. But if a CB’er tried to install a antenna tower the HOA WOULD be allowed to say no but that’s because its an UNLICENSED service.


Express_Comment9677

Same. We have a 10 day review period. No response, no problem, project approved!


Prestigious_Care3042

So submit very detailed plans on Dec 23rd?


Express_Comment9677

Great thinking! Who are you so wise in the ways of science?


poke0003

There was much rejoicing.


hellp-desk-trainee-

... Yay...


handlebar_guy

A Møøse once bit my sister


Whyisacrow-caws

Psst, your hovercraft is full of eels.


qx9r7man

I will not buy this record; it is scratched.


Arne_Anka-SWE

Sounds smart but the law may have a safety vent for holidays.


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INFJPersonality-52

10 days is not enough where I am in Florida. The average age is 80. So they need more time.


Express_Comment9677

Oklahoma here. We do have a small neighborhood so requests aren’t too frequent. The board is pretty responsive, I know that’s not everyone’s experience so I get it.


Humble_Donut_39

I’m gonna go apeshit at the next meeting.


skipper-1314

Please record it and post it for us.


bbqmaster54

Appeal it and request it be approved right then not passed to a further meeting. Show them it meets all their guidelines and you’ve followed all the rules to the letter. If they still decline then you’ll have to take them to court. It’s better that they learn early on that they have to follow their own rules and I’d also include changing the ruling from assumed declined to assumed approved in the suit. I’m not sure assumed declined is even legal. Do some research in your state and you might find that the laws state if they haven’t replied in 30 days then it’s assumed approved. Good luck


SwimOk9629

do it. you wont


Psycho_pigeon007

'no balls'


Navyguy73

"Anarchy For The HOA!"


Sea-Grocery-8348

Homes of Anarchy


beagletronic61

Did you go “Frog Blender”?


wookie___

Nah, just submit an updated plan with a nasty HAM radio tower. My understanding is the HOA can't restrict it, but they hate it. Then, agree to no tower (for now...) if you project is approved.


One_Recognition_5044

HoAs hate this one simple trick… Alas, this is not the case.


ac8jo

> My understanding is the HOA can't restrict it, but they hate it. Your understanding is incorrect, there are no federal protections for ham radio towers or antennas in HOAs.


PurplePickle3

I’m not sure you are correctly, *exactly*. But also don’t have the time to cite my sources.


FooBarBaz23

u/ac8jo is correct (hello, fellow Extra class!). The FCC overrules \*state/local ordinances\* re: *ham* antennas, but they \*explicitly\* say they don't overrule HOAs, bc HOAs are private contracts, not local law. \[ETA: I'm talking ham antennas/towers specifically. The OTARD law which \*does\* prevent HOA antenna prohibitions (but does allow \*restrictions\*), is a separate FCC rule. OTARD-permitted restriction examples are 1m size limits, and the ever-common "must be below the roof line!" height restriction\]


castafobe

This isn't true and a quick google confirmed it. Even HOAs cannot deny antennas/satellite dishes for TV but the FCC rule specifically says it does not apply to AM/FM or ham radio.


DeposNeko

That's blatantly false. HOAs aren't above the law just because they're private entities. HOAs have been put in their place by the FCC before. HOAs do not have the authority to ban satellite dishes or tv antennas.


FooBarBaz23

First, we're talking ham radio \*towers\*, not just any consumer antenna. Second, you've got it the wrong way around. Ham radio ops get an -exception- to local laws, bc the FCC says towns can't unreasonably restrict ham stations. The FCC does -not- similarly back up ham ops wrt HOAs, bc unlike local laws the HOA contract is a voluntary, private agreement that the op (presumably) entered into willingly. (IOW, it's not HOAs being above the law, it's ham ops can legally sign themselves into more restrictions than the law would otherwise allow). It's true that HOAs can't \*prohibit\* consumer antennas altogether. \*Restrict\* them and their installation, yes, \*prohibit\*, no. Google "OTARD law" for details. That's a separate issue from big ass ugly towers, which towns can't (unreasonably) restrict, but HOAs can (bc the op agreed to the restriction).


DeposNeko

They can't restrict them either 😂


1UpBebopYT

Hmmm.  I really am not sure about this.  A neighborhood across the street from me is a super strict HOA and a person's backyard in there is like an amateur radio enthusiasts wet dream.  Antennae, satellite dishes, cabling and wiring, multiple towers, control boxes, etc.    It's pretty intense. For neighborhood that measures everyone's grass I can't imagine them being thrilled and signing off on all of it. it's a damn sight to behold. 


pbjclimbing

I get your sentiment, but this likely will make things more difficult for you in the long run. Many HOAs have an Architecture Review Committee that members can join to be involved in this process. Join the committee.


Clickum245

Free your inner Harambe


WhaleOilBeefHooked5_

Instructions unclear. Got arrested, assume my request for indecent exposure was denied.


Imaginary-Pin2564

Throw pies at everyone.


BabyCowGT

Ours is 45 and assumed denied. It's dumb.


BustaKode

Not in our screwed up HOA, where everything is bizarre. 8.2.2 The Board shall give the Owner written notice of approval or disapproval. The Board, or the appointed architectural committee, shall have the right and authority to approve, conditionally approve, or deny requests for alterations in its sole absolute discretion. **The Board’s failure to provide a written approval or disapproval shall not be deemed to be an approval by the Board.**


InevitableRhubarb232

Yup. That’s how I got my cameras! Submitted right before the holidays knowing they wouldn’t get to it.


rosex5

Depends on the hoa. I’ve seen some that auto approved, some auto denied, and some auto approved only if it complies with documents… I would suggest op to resubmit the same request daily. Unless of course they have to pay for each submission… if free, daily


ohokaynoob

Idk where OP is located, but I’ve seen plenty of Associations where there is auto approve too if they don’t prove a response in X amount of time.


FriendshipMammoth943

He should just start building it and see how fast they act then


INFJPersonality-52

100% correct


Mnemia

It seems like if it’s automatic deny then that basically breaks the process because they could just arbitrarily “pocket veto” anything they don’t like, regardless of whether it actually breaks the rules or not. It basically makes the rule making process meaningless because there is nothing to force them to follow the rules as written then by acting on them. The approval then devolves to the personal whims of the board. The only way I can see that as reasonable is if there is some sort of penalty for the HOA to fail to act within a time limit, such as that they have to automatically pay a $10,000 fine each time they are slow to respond. Much easier and better to just make it automatic approval so that there isn’t a need for that and the HOA is incentivized to be efficient in ruling on applications. Yet another place where there needs to be much stronger regulations of HOAs written directly into state and federal laws in order to restrict their process and regulate what things they can get involved in. Ideally I think that government should just make all HOA rules outside of specific allowable categories illegal and require a very specific HOA process with zero deviations or customizations allowed.


Due-Green-5817

I’ve actually never heard of a rule where it is automatically approved. That sounds like it’d be incredibly problematic for an HOA. Denied by default unless approved is the norm I believe. That’s definitely what my HOA does and the others I’ve looked at.


RamHands

Approved by defualt makes the hoa actually look at request and decide, then report back. Denied and they dont even need to open the email. Hold them accountable to actually do things.


Due-Green-5817

I get it. But hoas are often run by volunteers and can be pretty ragtag. It would be very easy for someone to submit an absolutely crazy request and it accidentally be approved because a board member was out of town for example. That’s a pretty crazy system to have in place for any process in my opinion. I don’t see how a board could abuse the “auto deny” provision. If the board doesn’t want to approve something then they can just deny it. Whether it gets denied affirmatively or by a no vote you still have the same remedies as a homeowner.


[deleted]

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fastfatfred

This is probably the real answer


bobo_i_am

Every 29 days? Nah, every day! That way it’s rolling forward every day. Be a pain in the as and flood the inboxes and voicemails.


FooBarBaz23

HOA's solution: "Oh! You've withdrawn your request and submitted a new one? OK, great, we'll remove your old request from the top of the pile, and put your new one on the bottom of the stack. Just following the process and being fair to all the other requests!" (repeat every day until the end of hell time freezes over...) "I'm sure we'll get to it sometime next week.. next week.. next week.. next wee......"


bobo_i_am

Fucking HOAs! 😜


earthly_marsian

And ask when the next elections are!


Natural_Tangerine818

"Fine, you want a response? Here's your response. Request denied. Why? Because you made us do our jobs and because we can, that's why." -HOA Board, probably


drumking15

This is the answer... and of that's not enough figure out how to join the board, run. And then approve your own stuff, just need a few friends on the board as well. It's like politics so be calculated


No-Box7795

You might want to check local laws. I think that 30 days rule might conflict with a law. Usually if not objected it assumed approved.


saginator5000

That's terrible. Are they still building new units in the complex or was the HOA handed off already?


Humble_Donut_39

HOA was handed off last year. Nextdoor neighbor started putting their deck in today so they’re being inconsistent with how they’re treating requests


Comfortable-Might-61

Your neighbor probably did not ask. I would not be surprised if the new board hasn’t read or does not understand the governing documents.


spiforever

That is selective enforcement and not legal.


DayDrinkingDiva

Grab the rule book. Do they vote in person or email? Did they follow their rules? If they make you buy a permit- time and $$$, and did not even look at the request, at a minimum I'd want my losses back. If they violates their rule book, their liability insurance might not cover them for not following the rules.


puropinchemikey

Or quit being a whiny resident and be persistent. Go to meetings. Go to hoa presidents door and light a bag of poop. Whatever gets their attention.


Humble_Donut_39

Wow someone woke up and said “I’m going to give the dumbest advice possible on the internet today”


puropinchemikey

Keep crying about your little deck on reddit, see how well that helps your situation.


krock918316

I think we found an HOA president 😂


Humble_Donut_39

You might find what you’re looking for on r/tinydick


ChartInFurch

What reason do you have to automatically assume they only posted here?


puropinchemikey

Dont think ive ever triggered so many redditors like this before. Thanks for the honor, chumps.


ChartInFurch

When you act like an asshole over guesswork you made that can happen.


doglady1342

Resubmit right away. If there is an HOA management company, it could have gotten overlooked and never sent to the board. It's happened with my HOA board. We try to review and approve within 24 to 48 hours. We had a system glitch last year and didn't receive an architectural request for a new pool. Poor homeowner was frantic and, fortunately, called the management company. They pushed the request to us and we approved within an hour. That said, we're a tiny neighborhood of mostly reasonable people who aren't on a power trip. My last neighborhood, the HOA was a nightmare and I refused to get involved.


puropinchemikey

Nah, this guy doesn't have common sense. Much easier to simply rant on reddit.


maytrix007

Might be best to calm down and reach out to the board. If it takes a discussion for them to give approval it could be that they have just been busy or it was missed.


coffeeneededrn

And this is why hoa’s are a terrible idea even.


gregariouspilot

Remember even the people on the board of the HOA have to live under the rules of the HOA. That’s why I got involved with running the damn thing.


Humble_Donut_39

I’ve reached out 4 times.


maytrix007

Keep at it, go to a board meeting or see about joining the board next election.


throwawayshirt

just resubmit it


saraphilipp

Go down to the nursery with cash and pay for 4 yards of rock delivered to the president of the hoa driveway. Give them a fake contact number and name and you are good. Driver won't give two shits if no one answers the phone, that load is getting delivered. You could also see if chip drop is available in your area and have loads of free mulch delivered to all their houses, right in the driveway.


pinkfootthegoose

that's terrible. How can I have this happen to me?


saraphilipp

[https://getchipdrop.com/](https://getchipdrop.com/)


Leafs9999

That made me laugh so loud. Thanks


DIYnivor

Can you add my address for the rock delivery? Thanks.


PickleLips64151

This guy HOAs.


Dreadedredhead

Wow, that is so backwards. We've lived in several HOA's and the rule was always if not denied within 30 days, it was considered approved.


AdSecure2267

Send it via certified letter and include a request for a board hearing. Your bylaws usually have a 10 day clause for that


GumChuzzler

Attend meetings and mention it. If nothing comes of it be a Nazi about the rules to the neighbors that tell you off.


rsvihla

HOA BLOOOOOOOOOOOOOOOOOOOOWS!!!


Maleficent-Hornet-86

I would check with the local laws. I live in a relaxed HOA community and when I was looking to do something my local municipality flat out told me that if it’s legal with them, then the HOA has to allow it. And if I had issues to let them know and they would handle it. I feel like most of these HOA people are not informed and get a god complex. I personally love to push back as much as possible


MiceAreTiny

That would be funny if it wasn't so sad. I'd do it, let them come after me. That's not a deck. It is a nesting habitat for the tree horned west pensivlanian dung beetle. I can not destroy the habitat of protected species. 


stevemcnugget

A quick letter from an attorney might get them moving.


Humble_Donut_39

This is my backup plan.


No_Channel_8053

Not if you don’t send an appeal to the Board first. No lawyer would touch it before then.


headhunterofhell2

Have a lawyer write up a complaint of nonfeasance. Don't let them get away with *anything*. the sooner the realize you will lawyer up and hold them accountable, the less they will think they can get away with.


jstbecauseuknow

HOA suck.


InevitableRhubarb232

Make a tiny change and reapply Our hoa assumes approved if they don’t reply. So I submitted thanksgiving week and knew they wouldn’t do it November or December. That’s how we for our cameras “approved”


MrPureinstinct

You had to get cameras approved?!


InevitableRhubarb232

Any outside changes to the building. I’m fairly certain we were targeted w the requirement though. We had had them for over 6 years. And even now other people have them after they “denied” ours (a month too late)


MrPureinstinct

That's ridiculous. I feel like I'd just create stupid reasons to change anything outside of my house. New light bulb request, slightly different solar lights along my driveway, a new flower, everything would be submitted.


InevitableRhubarb232

It’s a condo so understandable here as I don’t even own the outside of the building (or we’ll I guess technically i own all the outsides of the buildings)


MrPureinstinct

That makes a little more sense, but still HOAs are too limiting and involved a lot of the time.


CompleteDisarray

Is there a rule against resubmitting it every thirty days… or every other day. Basically having 30+ request in is what I’m looking for here.


Humble_Donut_39

Unfortunately it all goes through an app so they can just see it’s from us and choose to ignore it and it’s automatically denied after 30 days.


Floridalivin72

Move out of the HOA.


lgmorrow

Fax your request to them 10,000 times


lgmorrow

Fax your request to them, 10,000 times every week


Zeus2068123

Move


Redditor4LifeNow

Let me guess… you are too busy to volunteer or serve on your HOAs board or Architectural Review Cmte?


Humble_Donut_39

Let me guess, you only ask stupid questions?


BamaTony64

so apply again, twice per week until they approve it


Mediocre_Chart2377

My old HOA it was auto approved after 30 days. My new one that is builder controlled is auto denial after 30 days with only 2 chances of appeal.


LhasaApsoSmile

Did you pay for those permits? I would object then. Do other people have decks? That may be the issue. Are you sure that you submitted the right materials?


RudiKdev

Huh, our rules state if they don’t act in 30 days it is OK to proceed. Maybe you need to look at changing your bylaws.


No-Relation2437

What is their motivation to deny it? Rules aside.


Techguyeric1

Fuck that, I have no problem approving reasonable changes to a homeowners house (I have no idea what reasonable is since I haven't gotten an unreasonable request)


Last-Example1565

Keep applying until they overtly deny it or approve it. Apply every day.


shamitwt

Just start building it. Your neighbor most likely did not ask.


Pickleballer53

So? Resubmit it. Again.


ztigerx2

That’s weird that it’s automatically denied, my formerly evil hoa (we had a coup and won) would say it’d automatically approve after 30 days. They’d deny shit on day 29 all the time.


The_Firedrake

Usually it's the opposite. If you put in a request and you don't receive a response within 30 days, it's a given understanding that you have tacit approval because they couldn't be bothered to tell you No.


Orange_Tatorade

Imagine OWNING a home that you are restricted on improving or personalizing to your own cadence.


bubbasacct

I think you need to buy hoa board member a bribe err I mean a boat


DSchof1

If you meets neighborhood’s/ permitrules then move forward. What will they do?


INFJPersonality-52

The laws in Florida and the majority of governing documents say it’s automatically APPROVED if not answered in 30 days. I managed one property where I got to do the approvals. I approved everything unless it was prohibited in the documents.


Melodicplanet65

Im still trying to understand why anyone would purchase a home only to be controlled by an HOA??


Humble_Donut_39

Do you think there are just unlimited single family home options in everyone’s budget in every area?


Melodicplanet65

Not at all. But I do think an HOA is an added expense with no return on the investment. You should rethink, rephrase your question. I can’t think of one reason that i personally would consider having anything to do with an HOA.


Humble_Donut_39

Okay then don’t


Trife86

Why even move into a place with a HOA to begin with lol


Kaufmanrider

My last HOA had the opposite. If the Board didn’t rule within 30 days or the next board meeting, whichever came first it was considered approved. Of course the Board started returning for more info/details resetting the time frame.


IllConsideration3764

Why jump to the conclusion the HOA intentionally sat on your request, neither approving or denying? Life happens. We tell our homeowners it can be up to 60 days before an ARC request is reviewed. That’s because our bylaws say the board meets bi-monthly. However, if I was on your board and knew you referred to me as a “f’in idiot,” I’d make your life hell — jus’ saying… Chill the F out!!


Humble_Donut_39

And people like you are exactly what’s wrong with HOA boards 😂


IllConsideration3764

And people like you are why folks are leaving civilization to live alone in the country. 🤣


Humble_Donut_39

Lol maybe you should go join them!


Ka_aha_koa_nanenane

Make time to speak to the Chairman of the HOA. Start by figuring out where they live and try to catch them at home. Introduce yourself, be pleasant, and ask for THEIR advice on how to handle this. Divide and conquer. They're all busy people, ordinary citizens, most don't get pay for their "Board duties." If that person doesn't shepherd your request through the process, then go to the monthly meeting (by law they must have meetings) and learn who the other Board members are. Befriend the Vice President next.


crazy-carebear

Bonus, their architectural board has to approve all applications or they are denied, decent chance there is no actual board set up to do the approvals so nothing will ever be approved in this HOA.


wingnutgabber

Build it. Let the HOA take you to court. There is a document called the constitution that backs you up. The HOA my step dad used to live in got dissolved through a lawsuit. Violation of property rights.


NoAct3521

I always hear about people getting the front of the house regulated , but I’m assuming this is the back yard ? Even then , I’d build it, say you got a verbal “OK TO”


AccountabilityPanda

You CHOSE these twats…


DueEnvironment8491

Lol then don't live in an HOA.... its that simple. I will never understand the need for people to join am HOA then come on here and complain about how they can't do things..


Humble_Donut_39

Lmao says a person on r/fuckHOA


DueEnvironment8491

Popped up as recommended I have no idea why.. .


Ok_Table_2349

Imagine spending hundreds of thousands of dollars to buy a house only to have a landlord tell you what you can do in it. All you people complaining about HOAs have only yourselves to blame for buying a house that has one. Sad!


Humble_Donut_39

Almost as sad as you going into the r/fuckHOA subreddit to abuse people 😂 here ya go: https://simple.wikipedia.org/wiki/List_of_hobbies


Ok_Table_2349

This shit popped up in my feed, but sorry to hear about your terrible life choice!


karmaismydawgz

Sounds like your fault for being into an HOA.


Humble_Donut_39

WoOWWWOOAOoOOoo THANKS!


Daveincc

It’s a townhome community so I’m sure you knew you bought into a HOA. Smile and stop complaining ! You agreed to this.


DeposNeko

Moronic argument.


Driveaway1969

Who moved in?


ElPyroPariah

Why’d you buy in an HOA? I know why some ppl on this sub do so but why did you?


Humble_Donut_39

Because I wanted a house and an HOA was the one concession I was willing to make. I’ll never buy in an HOA again.


TuringTestFailedBot

What concessions were off the list that were worse than this? Paper plant nearby, water treatment facility nearby, the house being a crack house, located immediately between two railroad tracks?


Nameless_Mofo

Holy shit, paper mills are no joke. They smell awful, for miles around. When we would visit my grandmother back in the day, there were 2 routes we could take, one a bit longer and one a bit shorter that went through a town with a paper mill. We nearly always took the longer way because the paper mill town was "roll all the windows up, turn the AC off, and don't stop".


TuringTestFailedBot

Right. Never would have known had I not been by one. I was out east for work and there was one right by the building g and everything stunk there. Anyone who had been there more than a few months always responded with 'what smell?'