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| Wednesday, January 07, 2009
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| IHG Insurance (National Insurance Provider) |
| Providing Community Association Insurance for over 25 years: D&O Liability, Crime Products, Umbrella Coverage and Property Manager's Errors & Omissions Liability. |
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| Author |
Messages |
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ThomM
(Georgia)
Posts:2
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| 08/10/2006 6:22 AM |
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Recently we've have been experiencing an overreaching of our ACC (Architectural Control Committee). One of the board members is the liaison but seems to be placing himself in control. This is a board member who likes to stir controversy as well.
Our ACC approves plans for additions to homes, cutting down trees, etc. They do not have any authority to enforce building codes and are not qualified to do so but have been involved in recommending to homeowners that they fire their contractor because the work wasn't been done to code.
We recently repaired two walking bridges on the property. They maintain that they weren't done to code. We, the board, believe that they have no authority in this area especially since they report to the board and not the other way round.
We're even getting the impression that they are beginning to think of themselves as a second board of directors.
Any recommendations on this? At this point I believe the only thing to do is to disband the current ACC members. |
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CharlesW1
(Georgia)
Posts:820
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| 08/10/2006 6:36 AM |
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ThomM,
I wish I could be of help to you, but I’m in the process of learning myself. I do think that they too are thinking they have the power that the board has. This isn’t any good at all. It’s like that saying “Too many chiefs and not enough Indians” or “Too many cooks in the kitchen” (LOL)
It sounds like they need to be told that their opinions is just that an opinion and it can not be enforced, IMO
Sorry to hear you’re having such difficulties
Keep us posted
Chuck W.
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Charles E. Wafer Jr. |
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RogerB
(Colorado)
Posts:3724
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| 08/10/2006 7:03 AM |
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| Thom, you need to read your Declaration carefully. Some Developers write their Declaration to make the ACC independent of the Board of Directors. The purpose is to maintain control of contruction details if there are undeveloped units AFTER relinquishing control to a homeowner controlled Board. Your HOA may have such a Declaration. If so, the Board can establish Rules and Regulations for the ACC to effect desired control. The next time your association has occasion to amend the Declaration wording can be included to provide Board control over the ACC. |
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Roger Borcherding
Official HOATalk.com Sponsor
DARCO Property Management (Colorado)
(303) 925-0150 
*See legal notice below (end of page) or go to www.hoatalk.com/legal |
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JulieS
(Georgia)
Posts:412
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| 08/10/2006 7:44 AM |
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| Check your documents as recommended by Roger. If the ACC does not have this type of authority, I would have a talk with the ACC. Our board acts as the ACC as we do not have any volunteers to do this. When we approve a request, we state that all permitting, etc., must be completed by the contractor and/or homeowner and that the project must comply with all local codes and ordinaces. Our board has two people involved in construction and a third with county government/building. While some of the board members may have advanced knowledge of certain things, we do not want to put the HOA at risk by getting too involved with what the homeowner is doing. |
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BradP
(Kansas)
Posts:1742
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| 08/10/2006 7:44 AM |
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Thom:
Roger has a good point, however, in our case the ACC is volunteers and can be relieved of duties by the board. Check it out, you may have that authority. As for building codes, if the city approves and it conforms to their requirements I am not sure what these people are complaining about, seems like they are a little power hungry and need to be stopped. |
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