Architectural control

According to Benny L Kass, attorney and columnist for the Washington Post, the following will be valid defenses by a unit owner when the board tries to seek enforcement of the architectural standards:

· Arbitrary and capricious actions have been taken. The architectural standards must be applied fairly and consistently, across the board and in good faith. They cannot be selectively enforced. It is improper for a board or its architectural review committee to pick and choose the enforcement of the covenants.

· Delays, or "laches," have occurred. This means that the board has permitted a lengthy time to elapse before taking action against a unit owner. For example, one court has ruled that a board's six-month delay in filing suit against an unauthorized fence barred the board from enforcing the covenants. If a unit owner is in violation of the architectural standards, or at least the board believes there is a violation, the board must begin prompt action to assure compliance.

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

According to the Condominium Act, § 55-79.80:2, the "unit owners' association shall have the power, to . . . assess charges against any unit owner for any violation of the condominium instruments or of the rules or regulations promulgated pursuant thereto . . . [C]harges so assessed shall not exceed $50 for a single offense, or $10 per diem for any offense of a continuing nature, and shall be treated as an assessment against such unit owner's condominium unit for the purpose of § 55-79.84. However, the total charges for any offense of a continuing nature shall not be assessed for a period exceeding 90 days."

"Before any such suspension or charges may be imposed, the unit owner shall be given an opportunity to be heard and to be represented by counsel before the executive organ or such other tribunal as the condominium instruments or rules duly adopted pursuant thereto specify."