Sample Dispute Dossier

Dear Members of the Architectural Review Committee, I am writing to formally appeal the denial of my fence application dated April 15, 2026 (Application #2026-0342). After careful review of the governing documents, I believe this denial is improper for the following reasons: 1. THE APPLICATION IS DEEMED APPROVED UNDER SECTION 5.4 My complete application was submitted on March 3, 2026. Your denial letter is dated April 15, 2026 — forty-three (43) days after submission. Section 5.4 of the CC&Rs clearly states: "If the Committee fails to approve or disapprove a complete application within thirty (30) days after submission of all required materials, the application shall be deemed approved, provided it otherwise complies with the provisions of the Declaration." My application included all required materials as defined in Section 7.1: a written description, lot location, dimensions, materials list, and photographs. The 30-day deadline expired on April 2, 2026. As of that date, my application was deemed approved by operation of the CC&Rs. 2. NO PUBLISHED STANDARDS EXIST FOR FENCE IMPROVEMENTS Section 7.2(b) requires the Committee to "develop and publish written architectural standards for each category of exterior improvement." To my knowledge, no fence-specific architectural standards have ever been published or made available to homeowners. In the absence of such standards, the Committee cannot lawfully apply subjective criteria to deny an application. The denial letter references "aesthetic incompatibility" — a standard that appears nowhere in the governing documents. 3. THE RESTRICTION HAS BEEN INCONSISTENTLY ENFORCED An identical 6-foot cedar privacy fence was approved at [ADDRESS] in July 2025 under Application #2025-0189. Article IV, Section 3 of the Bylaws requires the Board to "enforce these covenants uniformly" and prohibits selective enforcement. Approving one owner's application while denying an identical application from another owner is precisely the kind of unequal treatment the Bylaws prohibit. REQUESTED ACTION Based on the foregoing, I respectfully demand the following: 1. Immediate written acknowledgment that my application is deemed approved under Section 5.4 due to the Committee's failure to act within 30 days; 2. In the alternative, if the Committee disputes the deemed-approval provision, a formal hearing before the Board of Directors as provided in Section 12.3; 3. A written response to this letter within fourteen (14) calendar days. Please be advised that I am preserving all documentation related to this matter. I reserve the right to file a complaint with the state HOA regulatory office and to pursue all available legal remedies if this matter is not resolved in accordance with the governing documents. Respectfully, [HOMEOWNER]