Overreaching ACC

Recently we've have been experiencing an overreaching of our ACC (Architectural Control Committee). One of the board members is the liaison but seems to be placing himself in control. This is a board member who likes to stir controversy as well.

Our ACC approves plans for additions to homes, cutting down trees, etc. They do not have any authority to enforce building codes and are not qualified to do so but have been involved in recommending to homeowners that they fire their contractor because the work wasn't been done to code.

We recently repaired two walking bridges on the property. They maintain that they weren't done to code. We, the board, believe that they have no authority in this area especially since they report to the board and not the other way round.

We're even getting the impression that they are beginning to think of themselves as a second board of directors.

Any recommendations on this? At this point I believe the only thing to do is to disband the current ACC members.

Thom, you need to read your Declaration carefully. Some Developers write their Declaration to make the ACC independent of the Board of Directors. The purpose is to maintain control of contruction details if there are undeveloped units AFTER relinquishing control to a homeowner controlled Board. Your HOA may have such a Declaration. If so, the Board can establish Rules and Regulations for the ACC to effect desired control. The next time your association has occasion to amend the Declaration wording can be included to provide Board control over the ACC.

Thom:

Roger has a good point, however, in our case the ACC is volunteers and can be relieved of duties by the board. Check it out, you may have that authority. As for building codes, if the city approves and it conforms to their requirements I am not sure what these people are complaining about, seems like they are a little power hungry and need to be stopped.