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Subject: Can the ARB do things behind the Boards back
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Author Messages
MaritzaP
(Florida)

Posts:3


11/07/2017 7:16 PM  
I am in Florida. I am in an HOA community. The Board appointed 3 ARB members. We have many homes with cracked driveways. A few years ago the Board gave members an option to have driveway pavers. Now the ARB wants to give owners the opportunity to have stamped concreted driveways. Which is a lot more money than driveway pavers. The Board is just finding this out because a member brought it to their attention. Can they stop the ARB from doing this.
DouglasK1
(Florida)

Posts:894


11/07/2017 7:26 PM  
Assuming you are like most associations where the board appoints the ARB, sure, the board could just replace the members with ones who agree with the board.
MelissaP1
(Alabama)

Posts:6788


11/07/2017 7:38 PM  
The board trumps the ARB. So the board has final say.

Former HOA President
JanetB2
(Colorado)

Posts:3642


11/07/2017 8:10 PM  
The buck stops with the Board of Directors. They have the ultimate control and responsibility ... They are the entity who is supposed to insure the HOA follows your governing documents and the ACC (ARB?) is supposed to run items past them for final approval because if anything hits the fan it is their tails on the line.
GenoS
(Florida)

Posts:1631


11/07/2017 9:40 PM  
My HOA's Declaration says the board may delegate responsibility for the Architectural Control to a committee, however, "the final authority rests with the Board of Directors". Chapter 720 of the Florida Statutes (FS 720) governs HOAs in Florida and FS 720.303(1) says, "The officers and directors of an association have a fiduciary relationship to the members who are served by the association." The directors have a fiduciary duty, not anyone else, including committees or ARBs or anyone else. If the board isn't aware of what your ARB is doing then there's a good chance it's time for a new board; one where the directors understand their fiduciary duty and isn't so quick to let the committees run rogue doing whatever they feel like doing.
KerryL1
(California)

Posts:4381


11/08/2017 11:33 AM  
With others, yes, the Board has authority over the ARB Committee. If the ARB tries to go behind the Board's back, the board certainly can disband the ARB and choose new members or, depending on what your documents say, take over the ARB function.

But, Maritza, are you saying Owners would be forced to install stamped driveways versus, say, pavers?
DouglasM6
(Arizona)

Posts:438


11/08/2017 11:46 AM  
Stamped is just an option? Not sure I understand the problem if it's not being forced on you.
JohnC46
(South Carolina)

Posts:7010


11/08/2017 4:30 PM  
Shoot the ARB.
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Forums > Homeowner Association > HOA Discussions > Can the ARB do things behind the Boards back



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