Board Member Challenges

Started by BonnieA1 • 7 replies • 1286 views

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BonnieA1 (Washington)
Posts: 1

Posted:

I am currently the Treasurer of our Association, which also puts me on the Architectural Review Committee. The ARC has only two lines in the CC&R's, and no process, which is frustrating. Recently, I was the last member to receive a new lot owners plans to review, but by that time he had already begun the foundation pouring. The CC&R's also lack a process for handling complaints or violations. The other officers do not seem to be concerned or want to amend them at this time, but I think the way it has been run so far will just make for violations and further problems if we don't strengthen our CC&R's.......not necessarily put more restrictions in them, but to strengthen and support what we want in our small island development. Any advice or comment? Thanks.

RobertR1 (South Carolina)
Posts: 5,164

Posted:

BonnieA,
You are in a bad spot and trouble is brewing.

Get another small island like your or anything close to yours that has a active ARC. Copy their guideline, rules, what have you, modify them to fit your place and go to Board and say, here is how I am going to charter this ARC. Got any suggestions, let me know in two days, if not, unless I hear otherwise this is how I am going to run the job. It's a learning erperience anyway and on the job training is valuable. Be a little confident and a little assesrtive, someone out there is waiting in the wings to present you with a problem you haven't considered. That's where smarts come it, and good luck.

MicheleD (Kentucky)
Posts: 4,491

Posted:

If your documents do not allow for any project to begin without prior approval from the ARch Committee, then send him a "stop work" notice immediately.

I have hand-delivered many over the years in our Association.

The whole reason for the Arch Review approval is to prevent homeowners from costly reworks to either take down or revise various projects to bring them back into compliance in case they violate any of the restrictions.

It is for their OWN benefit to get the approval beforehand.

If the CC&Rs address and Arch Committee and/or an arch review prior to building or remodeling, then it is up to the BOARD to establish guidelines and policies for it.

Not EVERYTHING is written directly into the CC&Rs, which allows some flexibility to adapt to trends, etc.

JohnM3 (Florida)
Posts: 288

Posted:

Robert is correct
The next person posted it is the reason for a arc to prevent rework etc
Sorry you are mistaken. The real purpose of a arc is to prevent somebody from doing illegal things and destroying the look of the entire community and effecting the value of the entire HOA>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>Thats why most people opt for living in a HOA that there interests are always put in front of others thinking of oh that might look nice,

Our arc operates that way for a reson for 6 years we let people do what they wanted you should see the purple houses the illegal extensions and the car shops created in driveways, the welding shops the body and fender shops, the garbadge cans thrown every where.
We are in a court battle now over a stupid lady planting 4 palm trees in a swale of 2 foot deep. When asked why she did it? I wants ta keef the folksies offa my sidewalks" Her words not mine.............................................

MicheleD (Kentucky)
Posts: 4,491

Posted:

Um, we are arguing in violent agreement.

In order for the resident to be spending money to CORRECT something, they would have had to have put up a project that was not allowed or that was not allowed according to what they were doing.

I was stating the reasoning for it from a "what's in it for me" perspective for the resident.

The underlying reason for the Arch Comm approvals is to ensure that the rules of are followed.

When they are NOT followed what has to happen?

The resident will be forced to either REMOVE, SET BACK TO ITS ORIGINAL STATE, or RENOVATE whatever unapproved project they built and/or created.

What does that do? It COSTS THEM MONEY.

So, it's really for the resident's OWN benefit to get the approval PRIOR to beginning the project to ENSURE THAT THEY DON'T HAVE TO SPEND MORE MONEY CORRECTING IT IF IT'S ILLEGAL.

I'm not yelling -- I'm "emphasizing" certain phrases.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Quote:

Posted By BonnieA1 on 07/25/2008 10:03 PM
I am currently the Treasurer of our Association, which also puts me on the Architectural Review Committee. The ARC has only two lines in the CC&R's, and no process, which is frustrating. Recently, I was the last member to receive a new lot owners plans to review, but by that time he had already begun the foundation pouring. The CC&R's also lack a process for handling complaints or violations. The other officers do not seem to be concerned or want to amend them at this time, but I think the way it has been run so far will just make for violations and further problems if we don't strengthen our CC&R's.......not necessarily put more restrictions in them, but to strengthen and support what we want in our small island development. Any advice or comment? Thanks.

Bonnie,

What are those 2 lines in the CCRs concerning the ARC? In many instances the CCRs state the A/C shall develop rules and guildelines. But, some assn CCRs have very explicit guidelines on what is allowed or not. However, it is critical that your ARC have guidelines by which to operate. If the CCRs only give the board the authority to adopt them w/o specifying what they are, than the board should get busy and do their job. An amendment to the CCRs is not necessarily required. If the CCRs give the power to the board to adopt rules and guidelines then no amendment to the CCRs is required. Check your CCRs for this provisions. In most instances the board adopted rules do not require a vote of the members but are enforced the same as the CCR restrictions.

GlenL (Ohio)
Posts: 5,491

Posted:

Someone a while back posted a complaint because they started some type of project without ARC approval and got hit with a huge fine $250 - $500 dollars. If your documents allow for fining you could also try that.

Studies show that 5 out of 4 people have problems with fractions

GlenL (Ohio)
Posts: 5,491

Posted:

Sorry hit sent too fast.

But you should also have standards in place so that the approval or rejection of a project is not overly delayed.

Studies show that 5 out of 4 people have problems with fractions

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