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RonaldW
(South Carolina)

Posts:901

09/22/2007 3:40 PM
Our documents require written approval of the ACC before construction, exterior changes, cutting trees, etc. There are no application fees and there is no mention of how to make these requests. There is no official request form (although that might be a good idea in the future). A fellow board and ACC member dropped by my house today to say that a homeowner had stopped by her house to ask if it was OK to cut down a tree. The board member could not remember the homeowner's name or exact address, just what street they lived on and about where the house is. Is it too much to ask that the homeowner submit a written request with a simple diagram of the lot and the location of the tree to be removed? Wouldn't we want the request in writing in case the homeowner did work other than what was approved? We keep a book with requests and approvals sorted by street address.

Ron SC

DonnaS
(Tennessee)

Posts:5671

09/22/2007 4:37 PM
One of the first things that our B.O.D. did after developer turnover, was to form an ACC committee. Per the docs, we were required to have approval for any changes from this commitee. Set one up and draft a set of guidelines, following the C.C.&Rs. Set up a nominal fee schedule and also draw up a request form. This will all have to be kept on file because down the road, others will probably need approval for other changes. You need to be consistant. The committee works at the sole direction of the B.O.D and it is the Boards responsibility to follow the CC&Rs . Minutes will have to be kept. We use a 5 member committee but 3 will also work. Failure to have a committee will open up your association to interpretation of your C.C&Rs by anyone with a personal agenda and then the association has troubles.Clear cut guidelines is the simplest way to an organized community that works well.

RonaldW
(South Carolina)

Posts:901

09/23/2007 7:00 AM
Posted By DonnaS on 09/22/2007 4:37 PM One of the first things that our B.O.D. did after developer turnover, was to form an ACC committee. Per the docs, we were required to have approval for any changes from this commitee. Set one up and draft a set of guidelines, following the C.C.&Rs. Set up a nominal fee schedule and also draw up a request form. This will all have to be kept on file because down the road, others will probably need approval for other changes. You need to be consistant. The committee works at the sole direction of the B.O.D and it is the Boards responsibility to follow the CC&Rs . Minutes will have to be kept. We use a 5 member committee but 3 will also work. Failure to have a committee will open up your association to interpretation of your C.C&Rs by anyone with a personal agenda and then the association has troubles.Clear cut guidelines is the simplest way to an organized community that works well. We have an ACC but due to past difficulties with the ACC not following the board's wishes and lack of volunteers willing to do the necessary "inspections" and follow up, the ACC at the present consists of three members, two of whom are also on the board (there is no language in our documents prohibiting this). There is also no fee schedule mentioned in our documents. I believe charging a fee for approval to duild a deck or cut down a dead tree would just lead to more homeowners not requesting approval, just doing the work. A request form is a good idea and I may draft one, but for eighteen years, homeowners have just sent written requests. Sometimes in great detail, sometimes just scrawled on a piece of their child's school paper. I'm just thinking this particular homeowner ought to be able and willing to do the same, that I shouldn't have to write his request for him. That's what I'm asking for opinions on.

Ron SC

RogerB
(Colorado)

Posts:4686

09/23/2007 8:51 AM
Ronald, attached is our ACC request form.
Attachment: 1923512328971.pdf

PaulM
(Pennsylvania)

Posts:1347

09/23/2007 8:51 AM
RonaldW: It is not in the Board's best interests to allow residents to submit ARC request without use of a Community Approved Form. Some reasons, not the least of which are: 'pieces' of paper are difficult to file, it is a slip-shod way of doing 'business', and it leaves too much room for error down the road when it may come back to haunt you (the Board). An ARC form can be an asset to the Board by asking the resident to state details for: materials, placement, color, etc. Also, you could use this opportunity to remind the resident of those 'projects' which are allowed based on the docs or any rules/regs created and communicated to residents by the Board. If you do go the route of an ARC request form, be sure to include a portion where the Board/ARC Committee (whomever your docs state approves) has signed off on it for approval--or if its rejected, state the reason why. It is also helpful to have a formated page so the resident can alert the Board to the completion of their project for the Board/ARC Committee (again, whomever is designated) to inspect and sign off that all is done appropriately. Follow-up with a copy of all for the Community File, and one to the Resident himself. The process of an ARC request is one of the largest areas of miscommunication, with the possibility of ending in a court case, and is is imperative that nothing is left to chance.

RonaldW
(South Carolina)

Posts:901

09/23/2007 9:17 AM
Thanks folks. I think I will create an "official" form similar to the one Roger posted. We do send signed letters of approval on association letterhead for requests that have ben approved and we keep them on file.

Ron SC

DJ1
(Ontario)

Posts:781

09/23/2007 10:05 AM
Assigning each submitted request with a unique, consecutive identification number might also be a good idea. That way neither the Board nor the H.O. can claim the dog ate my paperwork should a file go missing. I do see one possible issue with Roger's form. "unless no response is received within 45 days of complete submission of all plans, specifications, paint chips, materials and other information required by the ARC." Does 'complete submission' give the ARC committee a way to come back to the HO evem if the ARC failed to respond within 45 days? They may find that they missed a 45 day deadline but if they had responded within 45 days they would not have approved the existing request in its submitted form, so now they can use the line 'you didn't submit everything we required'? (Only an abusive ARC might do that but the form seems to leave that as a possible argument to deny after 45 days even though they didn't respond. The HO has no way of knowing if the submission is complete unless the ARC tell him he needs to submit further info BEFORE the 45 days. After which even if the ARC discovers it wants a paint chip or something I would think the HO could proceed due to the expiry of the 45 days with no response, rather than fall for 'we know we didn't reply within 45 days but your application was not complete'.

DonnaS
(Tennessee)

Posts:5671

09/23/2007 10:18 AM
The ARC better not ignore a request. That is why you need good guidelines for them, including time schedules for replying. Ours has 30 days to approve or disaprove. If disapproved, the applicant is sent the reason or reasons why he has been turned down. He then has 30 more days to reapply and to correct or adjust his application. This should not be handled like it is a federal government application for a nuclear reactor, but neighbors working for a better community. Communication between the parties is so important. Remember, the ARC is just aiding the Board in doing their job. Florida just passed new laws stating that all architectural committees must spell out in detail, what they will approve or disapprove. That includes color samples, sizes and specifics on additions, etc. It no longer can be at the committees discression if they like or don't like a color or style or anyone with a personal agenda, controlling what is or is not approved. All ACC guidelines must be specifically stated.

RogerB
(Colorado)

Posts:4686

09/23/2007 4:07 PM
DJ1, I see your point. If the ARC does not request additional information the request is automatically approved as per the CC&Rs. However, as I have said before I would contact the ARC in writing at least a week in advance of the 45 day deadline. The letter can state I will proceed based on my ARC request, as per the Covenants, if I have not heard from you in ___ days. Always CYA.

DanaA
(Florida)

Posts:117

10/27/2007 6:45 AM
Donna, I think our HOA docs need to address this immediately, based on your comments. Will you be so kind as to direct me to the new Florida law changes regarding ARCs and specifics needed? Is this in the 720 changes that took place July 07? My dilemma: We have only the broadest of guidelines in our CCRs, community is 30 years old, (docs revitalized in 2006) and approvals are still at the "discretion" of the BOD, as stated in our docs. Appears we need to amend our docs to include specifics, vote by membership? If we don't amend them, what would prevent a present homeowner from ignoring our decisions because our docs do not address - for instance, any paint colors. Maybe a homeowner wants his house pumpkin orange, and if we say no, he could challenge us and paint it anyway, right? Another question for you - our CCRs/Bylaws do not make any reference to an ARC committee, so the BOD does the approving, and since I read that ARC committee meetings must be open in FL, like BOD meetings, perhaps we can keep our approval at the BOD level to handle in our meetings? We have 200 homes, and nine BOD members. Hard to find even those nine BOD members, and many of them only fog a mirror....thanks. Dana

DonnaS
(Tennessee)

Posts:5671

10/27/2007 7:55 AM
Dana, Florida Statute 720;3035 is the new section added this year to address ACC or ARB guidelines. You will want to copy paragraph (1) as this is what I referred to as the ARC must have written restrictions as to color, style, and exterior restrictions, etc. Our Documents committee spent a great deal of time last year writting new ARC guidelines and guess what. We need to go back and redo this entire section due to this new statute. Good luck with yours. Donna

RobertR1
(South Carolina)

Posts:5164

10/27/2007 7:57 AM
There is a possibility some association maycome under a county or city regulation about cutting down trees. Some times it is a restriction on the diameter of a tree, sometimes, the kind of tree or both. The same may be true about clear cutting land, building docks or boat ramps, roads, all kinds of things. I would suspect any associastion giving permission to do any of these thins should have a good knowledge of other requirements.

DonnaS
(Tennessee)

Posts:5671

10/27/2007 9:29 AM
Dana, I reread your questions and forgot to give an opinion on--if a homeowner chooses to ignore your decisions on some ARC applications? If you got down to a battle between homeowner and Board, I would bet that according to the new statute, the homeowner would prevail. You don't have mention of an ARC anyplace in your CC&Rs or By-Laws? Look in the By-Laws because I have found ARC committees sometimes stated in those. If you have absolutely no documentation of an ARC, then I would suggest that you have an amendment proposal to have one. But I believe that the B.O.D. can form one as a committee. NancyD might know that answer. Do you have any guidelines or written specifications? You will need to have those with just a committee doing the service. Luckily you only have 200 homes. The ARC committee and all committees are required to have meetings open to the entire membership. No committee should be closed to anyone. That's the Florida law. Alot of these older communities were formed under the old 617 statutes which were "not for profit corps" and since State Statutes 720 were enacted in 2000,(which is strictly not for profit H.O.A's) many associations have not updated their proceedures and documents. It takes time but it should be done to keep your Board and members in tune with the laws. Donna

DanaA
(Florida)

Posts:117

10/29/2007 5:35 AM
Donna, thanks, found 720.3035. Our documents state vague references to architectural guidelines (only 617 in place when written). Two mentions in our Covenants:" "Changes shall not be made without the Board's approval", and also in Covenants: "prior to the construction of any (deck,......etc,) plans shall be approved in writing by the Association". Second reference is in the bylaws: "An owner shall not individually paint or otherwise decorate or change the apprearance of any portion of the exterior of his home without first obtaining consent from the BODs, which consent will not reasonably be withheld. No structural changes or alterations shall be made to the exterior of any home without prior approval of the BODs". Based on this, do you recommend an ACC committee to stipulate ACC guidelines, colors,forms, and procedures? We could perhaps get this ready for February vote at annual meeting.

DonnaS
(Tennessee)

Posts:5671

10/29/2007 6:14 AM
Dana, After reading and rereading the new 720;3035, I am almost positive that in order to have any control over any architectural changes by owners, your association had better get some guidelines written and they must be pretty specific, according to this new statute. It does not matter what your old documents say as you fall under St. 720 now and that prevails over any association covenants. Our association uses a very large, well known Law firm in Palm Beach County who specializes in H.O.A.s and they sent us a notice that our ARC. guidelines must be rewritten in several areas because the specifics of colors, materials, structure type and several other items were not exactly written out. Without those being very clear and deliberate, the applicant can go with his own selections. So I suggest that you print out that new section and have a discussion on what it means and how to address it. Get legal opinion if it does not make sense to you. After all, it was written by the state lawyers and we know how clear thay can be (not!)

DanaA
(Florida)

Posts:117

10/29/2007 7:41 AM
Thanks, our community DID revitalize our old, crusty CCRs a year ago, in 2006 and have an acknowledgement that it complied with requirements of 720 Florida Statutes. I guess that is a baby step. Based on your knowledge, however, it appears we need to jump on this. Will be a topic tonight at BOD meeting. Thank you.

DonnaS
(Tennessee)

Posts:5671

10/29/2007 7:52 AM
Dana, Take a copy of that section and read it a couple of times. The more that I read, the easier it was to understand All Florida associations must now comply with the new statute part 720;3035. Our Board was peeved that we just spent countless hours and alot of money to rewrite our ACR. guidelines. Now we have to amend about 14 pages out of the 32 that we had just finished. All residents are required to have a current copy of the guidelines according to our lawyer.(565 copies)so back to the drawing board we go.

RobinL1
(Florida)

Posts:17

12/07/2007 12:46 AM
My development has an Architectural Control Committee. We have detailed applications for changes to the footprint of the house, such as adding trees, patio or extensions, fencing, shutters etc. We have a list of things we do not allow on property, like basketball poles, sheds, pergulas, lawn furniture,etc. We require neighbors to be notified of major additions next to them. We have homeowner briefly describe improvement, include the Insurance and LIcense info from vendor who will install or build. We approve based on regulations and or documents, We amend these when necessary to keep up with the times. We disapprove if the fence doesnt meet the necessary specs written in docs, or if the addition, or new roofing doesnt match exactly with materials previously used. Color of house must remain the same, only accordian shutters or builders shutters allowed, Tree replacesment is a big problem. YOU must have 3 palms in front and 2 or more hardwood canopy native trees on each property 1 per each 1500 sq feet. Can relandscape beds, but must stay within boundaries, not go into easements.

NinaA
(Florida)

Posts:8

12/06/2011 5:02 PM
Donna, Would you direct me to the attorney in WPB Florida your Association used regarding amending Covenants to come in line with FL 720.3035? We are in Boca and need to do same. Thanks

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