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Subject: Architectural Control Committee

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JimM
(Arizona)

Posts:3

02/20/2006 4:36 AM
we have a community of 65 homes, there are not common areas so the builder did not establish a HOA, but they did create CC&R's that include a Architectural control committee to enforce the cc&r's. Im a member of the committee and we have been working at it for about 3 years now and the big problem is that we have no funds and no power to get anything done, frankly Im ready to give up. The cc&r's give us all the power in the world, but without money how to we get things done, the city is no help at all, we send out letters and for the most part they are ignored. An atterney offered to review our cc&r's and let us know what exactly we can and cant do, but that would cost about $300.00, which the other members didnt want to split with me. Any sugestions would be greatly appreciated. Thanks Jim

HankL
(Maryland)

Posts:47

02/20/2006 2:32 PM
You need to incorporate as an Association. You need to give yourselves the power to collect Assessments. Common land is less important than maintenance and good taste of the individual residential lots. Hold a meeting with homeowners, not for voting, but to discuss the situation, Then, no matter what the owners say, proceed with incorporation and establishing real standards.

LisaS
(Illinois)

Posts:339

02/20/2006 2:42 PM
It's going to be tough to establish an association if you can't even get response to your letters...but it is not impossible. The city would have no standing or ability to enforce your CC&Rs unless your violations are violations of their ordinances as well. If the CC&R's are not recorded and established to run with the deed, then no one is bound to follow them. This leaves you no choice but to move forward and put a whole lot of time into setting up your HOA (and possibly getting resistance and resentment from your neighbors...)or giving up and letting it go. Once people realize from precedent that you have no real authority to force compliance for any given issue, no one will comply. Best of Luck, Lisa

LuciusD
(Colorado)

Posts:139

02/25/2006 4:00 PM
It sounds to me like you have determined the consensus. The majority of the owners have no interest in an association or in covenants compliance. Consider yourself fortunate, you could have common areas to worry about and assessments to collect (or to pay).

LuciusD
(Colorado)

Posts:139

02/26/2006 1:46 PM
JimM, On second reading, you’ve hooked my curiosity. If you do not have an association, how is the membership of the architectural control committee determined? Do you have owners meetings? Do you hold elections? How many on the committee? Lou Day

JimM
(Arizona)

Posts:3

02/26/2006 4:00 PM
Hi LuciusD, the builder setup the architectural control committee. When the community was complete(no more lots owned by the builder) the builder sent out letters to all the home owners asking if they would like to volunteer to be on the committee, home owners that were interested in being on the committee sent letters in to the builder and the the builder selected five people to be on the committee. that is how the committee was setup, and it is up to us to keep it going. the cc&r's give us total control over who is on the committee,since this is an appointed position, we do not have elections and have the power to appoint new members when others leave. the neighbor hood can petition to have one or all of the members removed but that would need to be a majority of course. I'm starting to think maybe it realy doesnt matter I'm getting realy discouraged.

LuciusD
(Colorado)

Posts:139

02/27/2006 7:51 PM
Thanks Jim, If you hadn't explained it, I would never have imagined such a situation existed. I guess this shows how important it is to study a declaration carefully before buying a property. Lou Day

LuciusD
(Colorado)

Posts:139

02/27/2006 8:03 PM
Posted By HankL on 02/20/2006 2:32 PM You need to incorporate as an Association. You need to give yourselves the power to collect Assessments. Common land is less important than maintenance and good taste of the individual residential lots. Hold a meeting with homeowners, not for voting, but to discuss the situation, Then, no matter what the owners say, proceed with incorporation and establishing real standards. NO MATTER WHAT THE OWNERS SAY?? I sure hope it's not possible. Or, have you "been there and done that"?

LisaS
(Illinois)

Posts:339

03/04/2006 8:09 PM
I am pretty pro-HOA...but I find it disturbing that your current Architectural committee was appointed and can add/replace members at will. Also, there are no elections for these positions. The only democratic part of the process is getting the committee removed. Which sounds like it would be a difficult feat in your neighborhood. I can understand part of the resistance you are experiencing. If you were not on the committee,wouldn't you feel a little threatened as well? In the wrong hands, this is a potential nightmare!

JimM
(Arizona)

Posts:3

03/20/2006 9:30 PM
As with our government not all positions are elected many are appointed. everyone in this community was given the opportunity to be on the committee, most people in this community dont want a HOA and many of the homes that go up for sale are advertised in big bold words"NO HOA" which to many buyers is a good thing. the committe has no bite... Does anyone know how we would form an HOA in arizona? Thanks Jim

RogerB
(Colorado)

Posts:3724

03/21/2006 6:41 AM
Jim, unless your CC&R established an HOA save $300 and read the thread starting a Homeowners Association.

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

HaroldS
(Arizona)

Posts:904

03/21/2006 9:10 AM
What a crazy situation. Are your CC&Rs recorded with the county? Do new buyers sign a document acknowledging these CC&Rs? You say "most" don't want an HOA, yet you are forging ahead? Over their dead bodies? Jim - I have to paraphrase what they are always telling us - If you want to live in an HOA - do your neighbors a favor and move. They are certainly easier to find than non HOAs. As you mentioned - non HOAs have now become a homeowner premium - just like owning a home in a desirable school district. Harold

CarolynK
(Alabama)

Posts:15

07/30/2006 6:08 PM
we have an association but the architectural committee guy is legally blind. but board appointed him because he was the first person to purchase a home here. the board has even given him a plaque declaring him the mayor of Hertiage villiage and boy does he push his power around. his wife does his patroling of the neighborhood and points out all the happening in the villiage. then he and the president puts notes on the door.

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