Architectural Review Committee

Started by DavidO1 • 8 replies • 1401 views

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DavidO1 (Colorado)
Posts: 2

Posted:

1.Our ARC (3 members)is assigned by the Ex.Board to serve terms at the will of the Ex.Board. Is it common for ARC's to submit proposed guidelines, approval of construction/landscaping etc. to the Board for final approval.My thought is the ARC is a subcommittee of the Ex.Board and should not be attempting to make policy independently.

MicheleD (Kentucky)
Posts: 4,491

Posted:

Any guidelines our Architectural Committee drafts must be reviewed by our full board and approved by it before they can be enforced.

In addition, if any homeowner requests a WAIVER of any guideline, the Arch Comm cannot make a final waiver approval. The waiver is reviewed and voted on by the entire board.

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By DavidO1 on 09/07/2007 5:22 PM
1.Our ARC (3 members)is assigned by the Ex.Board to serve terms at the will of the Ex.Board. Is it common for ARC's to submit proposed guidelines, approval of construction/landscaping etc. to the Board for final approval.My thought is the ARC is a subcommittee of the Ex.Board and should not be attempting to make policy independently.

DavidO1 - For the ARC to submit proposed guidelines as a committee??? No. For the ARC to approv construction/landscaping for Board final approval? Yes, with the statement that the modifications adhere to the ARC as ratified by the Board. For the ARC to make policy independently??? Aboslutely NOT.

RogerB (Colorado)
Posts: 5,067

Posted:

I think if one reads their Declaration of CC&Rs carefully they may find the ACC, ARC, DRC, or whatever is totally independent from the Board. The Developer often writes the Declaration in that manner so they can control what some CC&Rs call the Design Review Committee (DRC) until all construction is completed; even after the homeowners take control of the Board. Of course once the Developer leaves the Board appoints and may control what some CC&Rs call the Modification Design Review Committee (MDRC).

RobertR1 (South Carolina)
Posts: 5,164

Posted:

Our situation is as Roger discribes. Our HOA is independent of the developer appointed ARC. Developement of the island started around 1961 and around that time an ARC was formed. To the best of my knowledge the ARC has been a tool used by the developer. And from the looks of things their doesn't seem to be any rush to turn over ARC to HOA association. The ARC carries some weight with the County Zoning office and has absolute authority on some aspects for the total island. Never beeen an harmonius relationship with the property owners but that's probably par for the course.

JoeW1 (New York)
Posts: 728

Posted:

RogerB & RobertR1 - In the beginning the developer is the Board. As construction completes its phases, the owners take control of the Board by election. The owner controlled Board assumes all powers. Unless an association's governing language specifically states that the ARC is independent from the HOA, don't tell me you honestly think the Board has no governance over owner modifications on common property.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

JoeW,
I believe I am correct when I say if the HOA Board wants to, as an example, build a playground areas on common property, they have to have ARC (developer) approval. We are presently renovationg our Chapel and Community center and we needed ARC and county zoning approval, We have HOA board representation at ARC and Club (non-equity) meeting. On both boards the developer has voting control over board actions.

JoeW1 (New York)
Posts: 728

Posted:

Quote:

Posted By RobertR1 on 09/08/2007 6:22 AM
JoeW,
I believe I am correct when I say if the HOA Board wants to, as an example, build a playground areas on common property, they have to have ARC (developer) approval. We are presently renovationg our Chapel and Community center and we needed ARC and county zoning approval, We have HOA board representation at ARC and Club (non-equity) meeting. On both boards the developer has voting control over board actions.

RobertB1 - If you are still under developer control (non-owner controlled association) than you need ARC approval, but the Board is the developer and has oversight. That power of authority will transfer to the owner controlled Board and the Board should have oversight of the ARC at that time.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

I believe you are correct also Joe, except for odd situations. When our HOA was turned over to the home owners the developer reserved the right to control and manage the ARB, still have it and until they have built all the platted homes they will continue to exercise control. I must admit they have done a good job (for the most part) in controlling appearances of houses, etc. Of course, as soon as one little section (Association) is built out, they immediately turn the roads etc, over to our HOA. It works pretty well with a resonable developer and it don't work at all with a tyrant. The developer also controls for the most part, the golf courses, the clubs, pools, rental and real estate on island offices, etc. I really suspect the developeer or his assigns will not give up the ARB no matter what. That point should occur in a couple years and at that time I imagine there will be a push to make this place an equity community, with control of just about everything.

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