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Subject: Architectural Control Committee and no HOA
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Author Messages
LoriD5
(Nevada)

Posts:1


01/06/2018 10:54 AM  
My question relates to a vacant parcel of land within a Subdivision that has recorded CC&Rs that established an Architectural Control Committee (ACC). The problem is that there was no HOA established and as far as we can tell, no existing ACC. The last recorded info was from 25 years ago. If a person wants to purchase a vacant parcel in this Subdivision and build a house, the CC&R's require approval and sign off by the ACC. But it is apparently 'defunct'. With no HOA to contact and none of the people who were on the ACC 25 years ago still own property in the Subdivision, can the buyer of the lot simply submit his plans to the County Planning and Building Divisions for approval w/o a sign off by the non-existent ACC? Don't want someone coming back later saying he didn't get the needed ACC sign off.

We've tried everything - including trying to locate anyone who was ever on that Committee, as well as the individual who built the most recent home in the subdivision (2 years ago) to see if they got approvals. Even contacted Planning and had them look up the most recent home plan built to see if there was a sign off by the ACC. Hit a brick wall.

Does an attorney need to be involved in this? Any other suggestions?
TimB4
(Virginia)

Posts:15999


01/06/2018 11:43 AM  
If you have CC&Rs recorded, I expect it gives a name for an Association.

Check to see if that Association was ever incorporated and, if so, who the registered agent was.

The County/Municipality will have zero records of an ACC approval. That is separate and something not recorded. It's simply an internal process of the HOA.
GenoS
(Florida)

Posts:2430


01/06/2018 2:38 PM  
If no association was ever incorporated, under whose authority was the ACC supposed to operate? What was the ACC's charter? What provisions exist to amend the CCRs? What entity filed the CCRs in the first place?

The CCRs may allow you to incorporate an HOA, or you and your neighbors maybe, after which you can amend the CCRs to dissolve the ACC or change what it is supposed to do.
TimB4
(Virginia)

Posts:15999


01/06/2018 3:03 PM  
Posted By GenoS on 01/06/2018 2:38 PM

If no association was ever incorporated, under whose authority was the ACC supposed to operate?




There are unincorporated Assocaitions (HOA/COA).
The authority to exist and operate comes from the CC&Rs.
The act of incorporating (a requirement in some, but not all, States) gives certain additional protections and advantages.


Posted By GenoS on 01/06/2018 2:38 PM

What provisions exist to amend the CCRs?




That would be within the CC&Rs and applicable property laws.

Posted By GenoS on 01/06/2018 2:38 PM

What entity filed the CCRs in the first place?




My guess would be the initial developer (just like other Associations)


Posted By GenoS on 01/06/2018 2:38 PM

The CCRs may allow you to incorporate an HOA, or you and your neighbors maybe, after which you can amend the CCRs to dissolve the ACC or change what it is supposed to do.




Why can't they amend the CC&Rs without being incorporated?
GenoS
(Florida)

Posts:2430


01/06/2018 5:41 PM  
Posted By TimB4 on 01/06/2018 3:03 PM
Why can't they amend the CC&Rs without being incorporated?

Perhaps they can, it all depends on what's in those CCRs. I'm just suggesting that perhaps the CCRs mandate that the owners belong to some sort of owners' association and no one ever bothered to set it up, whether incorporated or not. Wouldn't be the first time a developer built a half-baked project and left the homeowners holding the bag.
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