DianeW
(Florida)
Posts:67
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| 10/06/2008 8:18 AM |
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| A small 13 lot community I live at periodically in north GA is trying to establish building/housing guidelines to have in place when new plans are submitted. My question is does the ACC have the authority to determine rules pertaining to construction and/or what can they do without overstepping their authority? The few that moved in already want to preserve the "vision" they had when they purchased. All the lots are sold already but half of them are speculators. I can post a link to their proposals if desired. |
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MaryA1
(Arizona)
Posts:2485
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| 10/06/2008 8:31 AM |
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Diane,
Your declaration should state who is to develop the A/C guidelines. In many instances it is the A/C committee. |
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SusanW1
(Michigan)
Posts:2316
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| 10/06/2008 6:58 PM |
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Diane - are you saying that there are some lots already with homes on them and NOW the community (I am assuming you mean the board) wants to pass some CCRs that help preserve the community's "look?"
Seems a little late.
Post the guidelines, anyway.
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MaryA1
(Arizona)
Posts:2485
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| 10/07/2008 2:22 AM |
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Susan,
A/C guidelines do not have to be contained in the CCRs. They can be a stand-alone document adopted by the board or the Architectural Committee. The CCRs should state who has the authority to adopt, amend and repeal the A/C guidelines. My CCRs give this power to the Architectural Committee. Once adopted, these guidelines (or rules) should be given to every member of the assn. My assn A/C guidelines are quite extensive as there were quite a few lots left for custom built homes (after 14 yrs a few are still vacant) so the guidelines include all elements of home construction. |
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DianeW
(Florida)
Posts:67
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| 10/07/2008 7:15 AM |
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| Thank you Susan and Mary. I did some further research online yesterday and found quite a few samples of other communities guidelines. That being said, the rules being proposed really are not that limiting. Obviously there are a couple I do not agree with at all but I am sure I am in the minority. Do we need to send them out for approval from all current owners before adopting? |
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DonnaS
(Tennessee)
Posts:2946
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| 10/07/2008 8:06 AM |
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Diane,
NO!. The Board adopts them but copies must be mailed out to the owners before . They are a stand alone guideline and must use your CC&Rs as reference. In other words, IF your CC&Rs say that no yard ornaments, then there can be no yard ornaments unless an amendment to the CC&Rs is passed by the stated percentage of the members by a vote. ACC guidelines are enforceable just as other covs, bylaws and rules are. They should coincide with established building colors, sizes and setbacks, etc that the developer has established unless changed in the Covs. |
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DianeW
(Florida)
Posts:67
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| 10/07/2008 8:59 AM |
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| Donna, before what? before adopting? before they purchase a lot? Sorry to be asking but our annual meeting is Saturday and they want to have this in place by then. |
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DonnaS
(Tennessee)
Posts:2946
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| 10/07/2008 9:18 AM |
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Diane,
Before adopting. When we did our ARC Guidelines originally, our Master Board President just had them mailed out and the meeting followed in 3 days. We had an AWESOME Palm Beach HOA attorney who stopped us in our tracks. Follow the Statutes he demanded. He said that this is by far the most ignored Statute in his experience. We had not a clue which he meant. I have them for you. They will be given to any subsequent purchasers of lots or homes as your ARC guidelines.
It's your Boards call but this is the Statute on the requirements.
720:306-(5) Written notice of any meeting at which special assessments will be considered or at which amendments to rules regarding parcel use will be considered must be mailed, delivered, or electronically transmitted to the members and parcel owners and posted conspicuously on the property or broadcast on closed-circuit cable television not less than 14 days before the meeting.
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MaryA1
(Arizona)
Posts:2485
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| 10/07/2008 3:16 PM |
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Diane,
Donna is stating that the board adopts the A/C guidelines. Have you checked your CCRs to see if this is correct? My CCRs give that authority to the Arch. Committee. However, regardless of who has the authority to adopt the guidelines, they must be sent to all members as they are considered part of the gov. docs.
The statute that Donna posted sounds like it only applies to a meeting of the members where a vote will be taken to approve new rules. If the board or the Arch. Comm. has the authority to adopt the guidelines then it appears to me this statute does not apply. |
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DianeW
(Florida)
Posts:67
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| 10/07/2008 3:50 PM |
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The covenants do appear to give the ACC the authority to make guidelines. Since the covenants are rather ambiguous, they are trying to set up some guidelines in keeping with the style of the 4 homes already built such as addressing roof pitch and location of homes to the road. Really seems like they are not going overboard with the regs but I was concerned as to whether the ACC had the authority to do those things and it seems everyone is saying they do.
We originally purchased at this community because we felt the lack of restrictions and design rules were exactly what we were looking for. Unfortunately, that is not remaining so. |
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MaryA1
(Arizona)
Posts:2485
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| 10/08/2008 9:58 AM |
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Diane,
Well, it appears you answered your own question! It's not uncommon that it takes more than one read of the gov. docs. and even after reading them over 100 times you'll find something you weren't aware of! |
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