Legal Question in Real Estate Law in California

Background: My homeowners rules for architectural approvals state that "..process is a maximum of 45 days from receipt of a complete package..in the event A.C.C fails to respond within 45 days, such plans shall be deemed approved."

My issue:

1. 04/30: I applied to H.O.A for approval for a patio roof

2. 05/30: H.O.A officially recorded my application

3. 06/27: 45 days elapsed since 05/13. I did not receive H.O.A response by this day, hence started patio roof construction on 06/28.

4. 06/29: Received H.O.A letter denying my application for violation of arch. standards.

--> H.O.A letter was dated Jun 25

--> There are two postmarks on envelope: one dated Jun 27 and one dated Jun 29 (likely this second postmark is the delivery postmark). The second postmark at least proves that the post office did not deliver the letter to me until the 29th.

Is my claim valid that I waited the requisite 45 days, and deemed my application approved? H.O.A says that since their letter was dated on the 25th, they responded within 45 days. My claim is that the letter did not reach me within 45 days - it reached me on the 47th day, and I am within my rights to have constructed my patio cover beginning on the 46th day.


Asked on 1/06/13, 6:24 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't think it has to reach you in 45 days. It just has to be mailed within 45 days. So the question is whether the postal stamps are meter stamps for purchase, or cancellation stamps over stamps.

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Answered on 2/26/13, 9:23 am


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