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TracyH
(Texas)
Posts:3
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| 07/26/2010 10:46 AM |
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| Our governing documents (restrictions, conditions and convenants) has in place, an Architect Control Committee. Our documents state that the Board Members are to fill vacancies within the ACC. The Board Members decided to take over the ACC July 2009. When I questioned the board as to why they have not filled the vacancies, the president's reply was that the members of the ACC are appointed not elected and serves at the "pleasure" of the board. Researching our State Law on this issue, there are State rules that an HOA must take in order to "take over" the ACC. When I asked the Board what State actions they took. I got no reply. Our board is charging fees to property owners for permits. This money is to be used for road maintenace, however our governing documents say that our dues go towards road repair. Has anyone had any issues with "permit" fees and Architecture Control Committee run by the board. |
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DonnaS
(Tennessee)
Posts:5671
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| 07/26/2010 11:04 AM |
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Tracy,
My HOA in Florida has a rate schedule for any permits granted by the ACC. The money is used for office supplies and an slight extra fee to the property manager who fills out the paperwork and files any permit which might need to go to the City or County.
Normal landscape changes---$25.00
Fence and any application which involves an inspector--$50.00
Swimming pool, lanai and construction involving structure--$100.00
But your Board should appoint at least 2 non Board members to the committee. Why would they not do so especially seeing that your CC&R's call for that committee.
You said that " This money is to be used for road maintenace, however our governing documents say that our dues go towards road repair. I would make sure that any permit fee is totally accounted for. Might be a slight stretch of the truth there. |
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TracyH
(Texas)
Posts:3
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| 07/26/2010 11:49 AM |
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| This area is a gated community with lots to purchase and build. We are a Non-profit property owners association. The "permit" fees has no affiliation with the city or county. It is the Boards idea of collecting more money outside the annual Assessment dues. When a property owner is wanting to put in a driveway, fence, or other structure on their lot, it has to be approved throught the ACC (now the board) and there is a "permit" fee. The monies according to a board member is to go toward road maintenance. Our annual assessment dues are written to be put towards maintenance. |
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DonnaS
(Tennessee)
Posts:5671
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| 07/26/2010 12:07 PM |
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Tracy,
I too am gated , a non profit corp which most HOAs are and that has nothing to do with ACC permits. A pool construction or driveway or addition to any structure will have city or County permits, even in big ole Texas.
I stated that your Board should have non Board members on that ACC committee and that is to lessen the load on the Board and get a different opinion of any applications. But that committee DOES work under the authority of the Board so you will need to accept that. Ask to see some documentation on where the application fees go. |
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MaryA1
Posts:0
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| 07/27/2010 8:31 AM |
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Tracy,
Unless the declaration specifies that board member may not serve on the ACC, then there probably is nothing wrong with the BOD taking over this committee. On the other hand, if there is a section regarding appeals which states appeals shall be made to the BOD, IMO, this would tell me the intent is NOT to have the BOD serve as the ACC.
What does your declaration say with regard to the ACC making rules and does it give the BOD the right to charge a permit fee? If the rules are only to serve as guidelines used in rendering decisions, and there is no provision allowing the BOD to charge permit fees then, IMO, they cannot do this. My declaration states the BOD may impose such a fee and also states the ACC has the authority to adopt, amend and repeal rules which shall serve a guidelies to be used in rending its decisions -- meaning the rules could not contain a requirement for a permit fee.
Bottom line, you need to read, very carefully, the section in the declaration on architectural control. The BOD may or may not be outstepping their bounds.
What does your declaration say about permit fees; architectural rules; members of the ACC?
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MaryA1
Posts:0
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| 07/27/2010 8:32 AM |
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Tracy,
OOPs. I also meant to ask, what does your declaration say about appeals of the ACC decision? |
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GloriaM
(North Carolina)
Posts:829
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| 07/27/2010 3:35 PM |
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Tracy:
Although I do not know what your CCR's state about ARC Committee; most of them are appointed by the board members. 1 Chair and usually not a big committe 2 or 3 members serve with the Chair. They only make recommendation to the board. The board's decision is final.
I have seen many boards take back the control because of lack of participation or the ACC taking too long in their recommendation to the board.
Perhaps you may place your name in the hat for Chair on the ACC? |
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