who handle the things that aren't summited to Architectural Review

Started by JudyP1 • 3 replies • 1766 views

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JudyP1 (Florida)
Posts: 24

Posted:

Whos job is it to notice and do something about changes done to a homeowners property that hasn't been submitted to, and okayed by, the Architectual Review Committee, and is against Deed Restrictions? Is it up to the Management Company to notice these changes? Is it up to the Board of Directors, or is it up to the Architectural Committee? In my community, here in Florida, everyone is blaming someone else. Any thoughts?

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

JudyP1,

It's conceivable that one of all three should have noticed something. If your MC is required to make a routine inspection of the site, and the modifications were done within that time frame than the MC missed something in the inspection. Same goes for the ARC. The Board members in my opinion are the least to blame since they probably depend upon the ARC and the MC. However, timing is everything and no one likes to be the bad guy when owners make mistakes.

The questions I would have are 1) What is going to be done about restoring the modification(s) to be in compliance? 2) What mechanisms can be implemented to more quickly catch unit owner modifications that are not in compliance with your ARC standards?

Finger pointing will get your HOA nowhere, in the meantime other owners could start modifying and could claim discrimination if the original modification is not restored. Precedents and grandfathering can cause HOA nightmares.

Just some personal info: I helped to develop our ARC standards, we have two classes of modifications. One is Application B that requires notification to Management (no approval) for low impact landscape additions of annuals and a short list of perennials in restricted areas (graceous planting beds directly touching the unit). The second is Application A for anything that falls outside of the detailed do and don't standards. This Application A is submitted to Management, gets forwarded to the Board and the Architectural Committee, the ARC has oversight, makes it's recommendations and the Board President must sign the Application A with ratification by the entire Board before any work begins.

The purpose of our standards is to create visual harmony by assuring that the appearance of the exterior of homes and properties are in agreement with the approved standards yet allow some individual freedoms for owners to personalize the common spaces directly related to their homes.

Best of Luck!!
GeraldT1

JulieS (Georgia)
Posts: 412

Posted:

All three of those you listed. Everyone needs to work together. I notice things as the board president and I ask the MC to send a letter. Since our MC drives the neighborhood once or twice a month, I believe it is the board members duty too act on things also, especially since we live here and see things daily. We do not have an ACC committee due to lack of volunteers so the board is the ACC.

LisaS (Illinois)
Posts: 341

Posted:

Judy,
This would be the perfect oportunity to set a formal 'internal procedure' for who is responsible to notice these thigns, and what should be done.

For the present improvement, blame is not the solution. Take it from the 'it happened, now what do we do' perspective and find a solution together. Afterall, the homeowner who proceeded with improvements without notification/approval is at fault here- not the Board or the MC or the ARC who missed it.

Lisa

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