Architectural Committee Has No Right to Remain Silent

A waiver has been granted. If the board fails to enforce a covenant in the case of one owner in similar situations, it may be prohibited from enforcing the same standards against another owner.

Often, the association documents require that the committee make a decision within a specified period of time (for example, 60 days from receiving the request) or the request "will be deemed to have been approved."

In my opinion, you have added yet another defense: silence.

The board -- and its architectural control committee -- must act reasonably. If the committee refuses to tell you why it rejected your proposal, it could be argued that its decision was based on factors other than reasonableness.

Indeed, if no reason is provided to you, what will the committee's defense be should you decide to take the issue to court? Clearly, its silence would be considered by a judge to be arbitrary and capricious.

I could find no law on this subject in the Washington metropolitan area. However, California laws specifically require that the committee state all reasons when they deny a homeowner's application.

Take this issue to your board of directors. Its members may not be aware of this issue, and they have the authority to overrule the committee -- or at least provide you with the reasons for the denial.

Given all the negative press that community associations keep getting, it's unfortunate that your committee has not been more responsive.

Benny L. Kass is a Washington lawyer. For a free copy of the booklet "A Guide to Settlement on Your New Home," send a self-addressed stamped envelope to Benny L. Kass, 1050 17th St. NW, Suite 1100, Washington, D.C. 20036. Readers may also send questions to him at that address or contact him through his Web site, http://www.kmklawyers.com.