Court Orders Homeowner to Reconstruct Driveway that was not Approved by Association’s Architectural Review Committee

This case involved a dispute between a homeowners association (“Association”) and the owner of a home situated within the common interest community governed by Association (“Owner”), over the material used by Owner in the construction of the driveway of Owner’s residence. The underlying action was commenced by Association in an effort to compel Owner to remove a “crushed oyster shell” driveway that was installed during the construction of Owner’s home in disregard of Association’s approval of plans that called for an “asphalt” driveway.

The governing documents for Association include provisions that prohibit the construction of any improvements on any land within the community without the prior written approval of Association’s Architectural Review Committee. Association’s Architectural Review Application was a five page document that requires an applicant to provide detailed information regarding the intended project including, “the proposed builder, architect, building dimensions, setbacks, square footage, siding, foundation, windows, doors, shutters, roof, patios, decks, front steps, walkways, driveway, landscaping and tree plan, fences and walls.” The application also required an applicant to describe the materials and colors of any proposed driveway that was not to be constructed of concrete, asphalt, or brick, and to submit samples or pictures of the desired material for the Architectural Review Committee to review.

In his application to Association’s Architectural Review Committee, Owner……………………………This content is for Subscribers. To continue reading, you must have a Subscription with HOA Member Services.