My question involves real estate located in the State of: Washington
My HOA board has become aware of a number of instances where homeowners have constructed items without approval, where, if sought, approval would be denied. In many cases these are items not disallowed by the CC&R’s, but up to Board discretion. Due to the large lot size, the Board has generally become aware of these items a number of years after they were constructed. During that interval, the home may have been sold to new owners. The question the Board has is if these past constructed items can or should be grandfathered in, and approval for such items denied on new applications going forward? Does lack of retroactive enforcement create a precedent for future violations? Is there alternative action the Board should be considering?
My HOA board has become aware of a number of instances where homeowners have constructed items without approval, where, if sought, approval would be denied. In many cases these are items not disallowed by the CC&R’s, but up to Board discretion. Due to the large lot size, the Board has generally become aware of these items a number of years after they were constructed. During that interval, the home may have been sold to new owners. The question the Board has is if these past constructed items can or should be grandfathered in, and approval for such items denied on new applications going forward? Does lack of retroactive enforcement create a precedent for future violations? Is there alternative action the Board should be considering?
Articles and Bylaws: HOA - Handling Unapproved Changes to Homes
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