AlexL1 (Florida)
Posts: 305
Posts: 305
Posted:
How do HOAs handle the ARC in their respective communities? We have a person who wants to put someting on their condo unit patio and they submit an ARC... how is it handled after that?
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ARC (Archetect Review Committee)
Started by AlexL1 • 5 replies • 1392 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
Hopefully, the homeowner provided details on what he or she wants to place on the patio. For example, if it's a storage shed, ask about dimensions (height width, etc), colors, materials (e.g. vinyl), who will build the thing, proposed dates of construction start and finish (after the Board approves, of course), etc. We always encourage homeowners to provide color illustrations of their proposed changes.
Finding out who will build this thing is important because if it's something that requires a city permit, the owner should be hiring someone who has the proper credentials (performance bond, license, etc.) We have a situation in our community right now where a previous homeowner had a rubber roof installed on her roof - it appears she got her son to do the work and he didn't do it correctly. The homeowner's since moved and two owners later, the new one has found lots of water damage (that owner #3 never fixed) and wants the Association to help pay for the repairs
(Why did he ask the Board to pay? Trust me, it's a LONG story that we're just now starting to figure out since all of this happened before the current board took office - some of us didn't even live here at the time)
Anyway, if you have design standards, you could compare them to the proposal and if you have concerns, discuss them with the homeowner - he or she could come up with alternatives for the board to consider. Once you approve the work, be sure your approval dictates that the owner is responsible for all maintenance and repairs of the item and this responsibility will be transferred to the next homeowner. Lots of people move into HOAs and get a nastygram about something the previous owner put in without permission and they rarely tell the new owner that he/she will now be responsible - instead the new owner has to take care of it at his/her expense and go after the previous owner or risk fines by the board.
Oh, and make sure the homeowner doesn't drag out the construction - Before he joined the board, our secretary put in an application for an ACR(we call our architechural change request)and it was approved, with the understanding the work would be done within 30 days. It took six months and when he put in another ACR for something else, I asked why the current project wasn't fixed and all he said was "I was working two or three jobs." I then asked why he didn't advise the board of the delay - he didn't have an answer to that, but then again, it was something we should have asked about when the first deadline expired. Lesson learned on both sides - he finished both projects within 30 days and we changed our procedures to check up on the area 30 days after we approve the request.
Finding out who will build this thing is important because if it's something that requires a city permit, the owner should be hiring someone who has the proper credentials (performance bond, license, etc.) We have a situation in our community right now where a previous homeowner had a rubber roof installed on her roof - it appears she got her son to do the work and he didn't do it correctly. The homeowner's since moved and two owners later, the new one has found lots of water damage (that owner #3 never fixed) and wants the Association to help pay for the repairs
(Why did he ask the Board to pay? Trust me, it's a LONG story that we're just now starting to figure out since all of this happened before the current board took office - some of us didn't even live here at the time)
Anyway, if you have design standards, you could compare them to the proposal and if you have concerns, discuss them with the homeowner - he or she could come up with alternatives for the board to consider. Once you approve the work, be sure your approval dictates that the owner is responsible for all maintenance and repairs of the item and this responsibility will be transferred to the next homeowner. Lots of people move into HOAs and get a nastygram about something the previous owner put in without permission and they rarely tell the new owner that he/she will now be responsible - instead the new owner has to take care of it at his/her expense and go after the previous owner or risk fines by the board.
Oh, and make sure the homeowner doesn't drag out the construction - Before he joined the board, our secretary put in an application for an ACR(we call our architechural change request)and it was approved, with the understanding the work would be done within 30 days. It took six months and when he put in another ACR for something else, I asked why the current project wasn't fixed and all he said was "I was working two or three jobs." I then asked why he didn't advise the board of the delay - he didn't have an answer to that, but then again, it was something we should have asked about when the first deadline expired. Lesson learned on both sides - he finished both projects within 30 days and we changed our procedures to check up on the area 30 days after we approve the request.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Alex,
To summarize our policy:
1) Homeowner submits application to Committee (depending on the change, homeowner is required to get signatures of neighbors indicating that the neighbor is aware of the request)
2) Within 30 days the Committee considers request. The following is from our manual:
Section 2: Procedures for Considering Design Change Requests
a) The Architectural Control Committee (ACC) shall review each Design Change Request on its own merits using the following as consideration factors:
• Compliance with the Declaration of Covenants Conditions and Restrictions
• Compliance with existing published Policy Resolutions of the Association
• Precedence established by past committees as identified by written approvals/disapprovals maintained by the ACC.
• Maintaining the soundness of repair, aesthetics and visual harmony of a colonial style community.
(b) If the consideration factors identified above does not provide a clear decision, or if a decision will effectively create a new policy where none previously existed, the Committee shall seek additional guidance from the Board prior to approval or disapproval.
(c) Individual personal tastes, preferences or opinions should not be a sole factor in approving or disapproving a design change request. However, since personal tastes, preferences or opinions are a factor when determining aesthetic value or visual harmony a unanimous consensus should be reached by the committee members present at the time the application is being considered before disapproving any application for the reason of aesthetics or visual harmony.
3) Notification is sent to homeowner.
4) Homeowner has right to appeal decision to the Board if they disagree with the ACC
Hope this helps,
Tim
To summarize our policy:
1) Homeowner submits application to Committee (depending on the change, homeowner is required to get signatures of neighbors indicating that the neighbor is aware of the request)
2) Within 30 days the Committee considers request. The following is from our manual:
Section 2: Procedures for Considering Design Change Requests
a) The Architectural Control Committee (ACC) shall review each Design Change Request on its own merits using the following as consideration factors:
• Compliance with the Declaration of Covenants Conditions and Restrictions
• Compliance with existing published Policy Resolutions of the Association
• Precedence established by past committees as identified by written approvals/disapprovals maintained by the ACC.
• Maintaining the soundness of repair, aesthetics and visual harmony of a colonial style community.
(b) If the consideration factors identified above does not provide a clear decision, or if a decision will effectively create a new policy where none previously existed, the Committee shall seek additional guidance from the Board prior to approval or disapproval.
(c) Individual personal tastes, preferences or opinions should not be a sole factor in approving or disapproving a design change request. However, since personal tastes, preferences or opinions are a factor when determining aesthetic value or visual harmony a unanimous consensus should be reached by the committee members present at the time the application is being considered before disapproving any application for the reason of aesthetics or visual harmony.
3) Notification is sent to homeowner.
4) Homeowner has right to appeal decision to the Board if they disagree with the ACC
Hope this helps,
Tim
AlexL1 (Florida)
Posts: 305
Posts: 305
Posted:
What I am looking for more precisely are steps involved.
Step one: the owner wants to tile his patio in/ofhis condo unit
step two: He submits an accepted form to the Board for approval
What comes after this, I do not know
Step one: the owner wants to tile his patio in/ofhis condo unit
step two: He submits an accepted form to the Board for approval
What comes after this, I do not know
TimB4 (Tennessee)
Posts: 21,047
Posts: 21,047
Posted:
Are you a homeowner, member of the board or member of the ACC?
A simplified step by step process may be (but check your governing documents to see what specifics are required by your Association):
1) Member decides what they want to do (lets say a deck)
2) Member verifies that what they want complies with existing guidelines
3) If Needed Member has plans drawn up (using the deck example)
4) Member submits request to Architectural committee.
- Request might include copy of plans, sample of material/colors etc.
5) ACC review request based on guidelines, aesthetic issues, etc. (see my previous posting)
6) ACC informs member of their decision and annotates Association files.
7a) If approved member may start project (which might include getting County permits, etc.)
8) Member informs ACC when project is completed
9) ACC annotates Association files.
7b) If disapproved, member considers appealing to Board of Directors
8) Member submits request to Board for appeal
9) Member attends hearing/Board meeting to discuss the plan
10) Board considers appeal based on guidelines, aesthetic issues, etc. (see my previous posting)
11) Board informs the member and ACC of their decision
12a) If Approved go to 7a and follow rest of steps.
12b) If disapproved member lives with decision or considers consulting with an attorney.
A simplified step by step process may be (but check your governing documents to see what specifics are required by your Association):
1) Member decides what they want to do (lets say a deck)
2) Member verifies that what they want complies with existing guidelines
3) If Needed Member has plans drawn up (using the deck example)
4) Member submits request to Architectural committee.
- Request might include copy of plans, sample of material/colors etc.
5) ACC review request based on guidelines, aesthetic issues, etc. (see my previous posting)
6) ACC informs member of their decision and annotates Association files.
7a) If approved member may start project (which might include getting County permits, etc.)
8) Member informs ACC when project is completed
9) ACC annotates Association files.
7b) If disapproved, member considers appealing to Board of Directors
8) Member submits request to Board for appeal
9) Member attends hearing/Board meeting to discuss the plan
10) Board considers appeal based on guidelines, aesthetic issues, etc. (see my previous posting)
11) Board informs the member and ACC of their decision
12a) If Approved go to 7a and follow rest of steps.
12b) If disapproved member lives with decision or considers consulting with an attorney.
AlexL1 (Florida)
Posts: 305
Posts: 305
Posted:
Thanks Tim..... very instructive
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