Board upholds DBI permit for 530 Kansas hatch; appellants told to pursue civil HOA remedies

On Oct. 23 the San Francisco Board of Appeals denied an appeal to revoke a DBI alteration permit that allowed a hatch to the basement at 530 Kansas Street, voting 4–0 that DBI had properly issued and inspected the permit.

Appellants argued the condo governing documents (CC&Rs) require unanimous owner consent for changes to common area and said the hatch was built without two owners' knowledge. "The HOA needs to vote," an appellant said, urging the board to consider whether the permit application required disclosure of HOA approval.

Permit holder Suneet Tamez and design professional Mark Sinclair said three of four owners had approved the permit and that the hatch replaces a pre-existing opening to access a 1,600-square-foot exclusive-use garden; Sinclair stated stamped drawings were submitted and a final inspection completed shortly after the over-the-counter permit was issued. "We obtained the permits and now she's appealing the permit," Tamez said.

DBI Senior Inspector Joe Duffy explained the permit was processed over the counter and signed off after inspections and that the department's records show the owner listed on the permit; he noted DBI can revoke improperly issued permits if later found to be wrong but that HOA internal disputes are civil matters outside DBI's purview. "If it was improperly issued there is ... sections in the San Francisco building code where we could revoke a permit," he told the board.

After hearing arguments the board said the dispute largely reflected an ownership/HOA disagreement and voted 4–0 to deny the appeal. Commissioners encouraged the parties to pursue mediation or civil remedies with their HOA while DBI will follow up on any outstanding notice-of-violation compliance items.

The denial preserves the permit; DBI said it may still review records if new evidence suggests the permit was improperly issued, and the appellants retain administrative and civil options.