HOA Use of Indemnity Agreements as Condition of Approval of Owner Modifications

Most common interest developments’ declarations contain restrictions that impose aesthetic and architectural controls on the owners. Frequently, architectural control issues involve disputes concerning modifications that an owner seeks to make to the owner’s separate interest property (i.e. their individual unit, residence, or lot). In addressing owner requests for modifications to their separate interest, associations must be concerned about the future impact of the requested changes on common area. For example, an owner may ask for approval to install skylights, or windows, or doors that penetrate the common area building envelope. Such requests, if granted, could possibly have significant financial impact on the[…]