can one audit the architectural comittee approvals

JohnA3: I don't believe you, as a resident, are 'entitled' to architectural applications, per se'. However, if you want to follow the procedure as outlined in your official docs for a 'review' of records (and, in this case,
architectural applications w/approvals/denials), that is different. As long as you comply with the process set up by the docs and/or Board, they must allow you a review.

I suggest you write a letter to the Board or Mgmt. Company with your request for review, and cite the process as outlined. Kindly advise that you 'await a response with a time and date for review at their convenience'.....

John,
Why do you want to see them. Are you expecting that someone has not applied? I think that a total review of the records would be somewhat off limits for you unless you have an objective or suspision of non compliance with something. If that is what you are looking into, and I as chair of the committee, I would welcome you to review but with restrictions. Just going in to be nosy would not be something that I would like to spend my time having you go over all applications with you.

For what it is worth, if no one else has ever complied with the rules, and no one else has had to submit for review, you have been asked to, and the history is irrelevant. Each board is charged with enforcing the rules. The fact that prior boards or even this board has not yet done so, does not excuse anyone now, or in the future. Rules do not change or go away because boards are uneven in their enforcement.

There is then, no point or possible benefit to you, of your request for prior records, and you'd best be working to satisfy their requirements.

Keep in mind all boards are volunteers, and have limited time and resources. Few can be so lavish with either as to enforce all the rules all the time against everyone who thinks they should be the exception.

When our ARC committee submits an approval or denial there is notice sent to the Board. When the approval requires a variance to the standard ARC guidelines, there is a variance that is available for public review. The ratification of the variance is held at a meeting and a part of the minutes.

Attached you will find a sample of ARC guidelines (Snyopsis was a larger file so it is not attached in its full form)

Below is the draft of two variance that were reviewed discussed by the Board and one was adopted.

Conditional approval of the plan with the following conditional variance:

1184 is a home with a unique lawn configuration and existing natural landscape buffers. We will approve one of the following two alternatives for the homeowner to pursue.

The homeowner is to find a storage unit which is no more than 6 to 8 inches higher than the wall in the location approved in the current submission, and so long as such structure is placed at least 15 feet from the lot perimeter wall closest to the sidewalk on Antoinette or closest neighbor and landscaping efforts are made to provide additional landscaping buffer to minimize the visibility of a structure from the street and cul-de-sac.

Or

Because of the unique lawn configuration and existing natural landscape buffer in the form of a mature tree which would provide a natural visual landscape buffer we will grant structure proposed not to exceed 7'9" to be placed in a location closer to the house in a location, not to obstruct the drainage in the yard and at least 20 feet from the lot perimeter wall closest to the sidewalk on Antoinette or closest neighbor and landscaping efforts are made to maintain existing mature landscape tree and provide if necessary additional landscaping buffer to minimize the visibility of a structure from the street and cul-de-sac.

Thank you Donna, my association does clearly follow the CC&Rs and uses the guidelines to clarify the CC&Rs. Our process, unlike others, started at the beginning of the community, with the ARC committee, as appointed per the governing documents, created the guidelines, then reviewed by the attorney, distributed to the homeowners, discussed and adopted at a meeting of the Board.

JOHN'S QUESTION IS :Can a home-owner ask the community association managment co, for all architectural applications and thier outcome in the last three years, is it legal, do they have to supply the home-owner with that information, if yes within what time frame should they supply it.

ANSWER: Most homeowner lot files contain information that may be considered confidential therefore no homeowner should have access to another homeowner's file. Additionally, it depends on the method of documentation each Board takes and requires the management company to maintain. (I know some managers who purge files after a period of time. My ARC approval was purged and my only defense was my personal copy of the approval. - So in some cases it is a question of the Board's published policy on record retention.) Next question, what is reasonable. If this is a personal request, it is not unreasonable, if the state laws do not require the retention of such information in a log, which is available to the public, to allow the management company to charge the party asking for the information a fair and reasonable cost. If the association wants the information, they should negotiate a fair and reasonable fee for the manager to research and provide the documentation.

I'm lucky, our community started out documenting.