Association’s inconsistency causes issue for homeowner
all pergolas in the development.
While we understand that one board of directors can differ from the next on what they think is nice and aesthetically pleasing, if the look of the pergola is consistent with others on the property, it shouldn’t matter what materials are used under the covers, so to speak. And, we wonder why they’d no longer allow what most everyone has already done.
Most association documents contain language that gives the board some cover, but typically association boards have a duty of good faith to their fellow owners and can’t act in a discriminatory or capricious manner.
The curt tone of the letter makes this seem like a capricious denial. You may want to wait until the next election of association board members and make your request again. (You might even want to run for a board seat, so you can see what is really going on.)
You could hire an attorney to review the issue, but we don’t know how far that will get you, whether you’ll make enemies or friends, or how much it will cost. You should also research the rules of the association to see if there is any document that describes what can and can’t be built.
If you can figure out what standard the board must use legally to evaluate construction and aesthetic changes to the buildings, you’ll have more insight on how to plead your case. You may also be able to review some of the older meeting minutes to figure out what other owners said to get those boards to grant the approval and see if your request is similar (or different enough) to instruct your appeal. Finally, we suggest you make friends with the owners of the other pergolas and solicit their suggestions on how to get your petition through the board.