Architectural Control Commiittee - Do we have authority?

Started by WilliamS1 • 4 replies • 1765 views

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WilliamS1 (South Carolina)
Posts: 113

Posted:

We are a 106 unit townhome community built in the early 1980's. Our BY-Laws require us to have a ACC but it does not spell out the duties or powers of except to control new changes to be made. Our BiLaws state

"In the event that the need for maintenance or repair is causd throught willful or negligent act of the owner, his family or guests, invitees, and not covered or paid for the insurance on such lot, the cost of such maintenance or reparis shall be added to and become part of the assessment to whcih such lot is subject."

Here is the problem. Some windows have seals broken and are foggy, some the decorative deviders are broken or warped, and some are missing screens. Some exterior lighting is missing parts and are crooked. Finally there is becoming a nest of excessive cable wires building up on some units.

These are issues that we want to bring up to homeowners and have them take care of. Do you feel that we have the authority to take action, send letters and impose fines if not complied with?

Thanks

RogerB (Colorado)
Posts: 5,067

Posted:

William, the items you mention may be violations of restrictions. Check your Declaration for restrictions. Your HOA can establish additional restrictions as Rules and Regulations. Prior to sending out letters advising on violations which need to be corrected you should establish Rules. Following is an example:

Rules and Regulations on Enforcement of Covenants and Rules

In order to maintain property values, safety, and quality of life the Association enforces restrictions itemized in the Declaration (Covenants), Bylaws, and the Rules and Regulations (sometimes called Policies and Procedures). This may be referred to as Covenant enforcement, or Covenant control, or Covenant compliance.

The Property is monitored weekly by the Management Company for Covenant compliance. Owners can also report problems to the Managing Agent and may request anonymity. The Agent will investigate and shall photograph potential violations. A Demand letter will be sent to the Owner advising of the alleged violation, the controlling regulation, a time limit for correction (typically 10 days), and the right of the Owner to request a Hearing before the Board of Directors to challenge the cited violation.

To dispute a cited violation the Owner shall promptly submit a written request for a Hearing. Upon receipt of such a request, a Board of Directors meeting will be scheduled and arguments heard. The Owner shall be mailed a Notice of the Hearing date, time, alleged violation, and the proposed sanction if a violation is confirmed and is not corrected within a revised timeframe which will be determined by the Board. The Owner will be allowed to present a statement, evidence, and witnesses to support their position. After the Hearing the owner will be advised in writing of the Board's decision.

When a violation is not corrected within the specified time limit, an initial fine of $50.00 is assessed. If a violation is not corrected, subsequent citations may be issued and the fine will be doubled compared to the previous Demand letter. If necessary the Association shall get a court order to correct the violation and effect corrections required. The owner’s property shall be assessed for all costs involved. This will include, but is not limited to, the costs to correct the violation, fines, fees, attorney fees and court costs.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

WilliamS1,

Did your condo association develop ACC guidelines, do your by-laws state restrictions on the things owners can and can not do, do your by-laws state what elements are the responsibility of the unit owners to maintain, likewise the responsibility of the condo association to budget to maintain?

It sounds like only the excessive cables fall under the category of ACC guidelines, since they were probably added by the unit owners.

The windows, broken or warped dividers, screens, may or may not be the responsibility of the unit owners to maintain, depends on how your by-laws are written. I wouldn't categorize the current condition of the windows, dividers, and screens as neglectful act or ommision by the unit owner because the condo association is either responsible for the maintenance and replacement, or responsible to notify or remind the owners of the approved style and the unit owner responsibility for replacement. Was the later done in your ACC guidelines/standards?
Were these standards well published?

The condition of your association is typical for one of it's age, my previous coa experience the same type of problems as well.

A window replacement, element upgrade program needs to be implemented with one approved styles per type (exterior elevation) of unit and one or two vetted contractors at most. Encourage the owners, or condo board to collectively seek replacement of the elements so as to reduce the cost and increase the purchase power of the association. That is the ultimate benefit to condo living.

Best of success!!
GeraldT1
NNJ

WilliamS1 (South Carolina)
Posts: 113

Posted:

Thanks for the great replys!!

To answer a couple questions. Our Covenants and Conditions do state certain ongoing things that owners can and cannot do (ie: clothslines, antennas, dishes), as well as establish what the lines of responsability are.

Windows and lighting fall under owner responsability yet replacement guidelines are not specific. That charge is being given to the ACC. I really like your idea about collectively seeking a bid for window replacement.

The board has established some new rules, but mianly regarding usage and conduct in the common area amd facilities. There is the rub. Should we assume the authority to create rules and requirements regarding the upkeep and maintenance of items which fall under homeowner responsability? (ie. windows, front doors, lighting, cable wires, general housekeeping)

I think we have to.

GeraldT1 (<Not Specified>)
Posts: 519

Posted:

WilliamS1,

I agree that you have to create rules regarding upkeep and maintenance of the unit owners.

GeraldT1
NNJ

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