arc docs and covenants

Started by LarryL5 • 6 replies • 1918 views

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LarryL5 (West Virginia)
Posts: 4

Posted:

Our Arc documents were not filed with the by-laws so they could be amended by the Board. The ARC documents say they are an extention of the ARC portion of the covenants. The covenants say that "All owners or occupants shall abide by the by-laws and any rules and regulations adopted by the Association.

Are the ARC documents part of the covanents and/or rules and regulations?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Larry,

You stated that the ARC documents say they are an extension of the ARC portion of the covenants, but I'm not quite sure what that means. Either they are actually a part of the covenants, meaning they are actually included in the covenants, or they are not if they are a separate document. However,they carry the same weight as the covenants meaning they can be enforced the same as the covenants. The rules and regulations are also a separate document but can be enforced the same as the covenants.

SureshD
Posts: 268

Posted:

"ARC documents" is a bit vague.
Are you referring to the covenant's arch. control portion?... meaning how ARC changes are to be requested, or are you referring to the ARC "guidelines" specifiying what materials, colors, sizes. etc. may be used?

The former is often more difficult to ammend typically requiring membership voting. The latter may be easily changed by the ARC committee, HOA board, or a combination of both.

LarryL5 (West Virginia)
Posts: 4

Posted:

The ARC document in question is a separate document from the covanents and by-laws, entitled "Architectural Design Guidelines and Application Procedures". This document was approved by the Board and the Association. The President of the Board has several violations and says that these are just guidelines and he does not have to follow them. The president plus three other members of the Board sit on the ARC Committee and are approving changes in violation of the ARC document. The Board also controls the Violation Committee.

SureshD
Posts: 268

Posted:

Well...

...Is'nt that special!

Typically the ARC guidelines are created and maintained by a/the committee or Board or both and not part of the "recorded" docs. Thus they can be abolished by the Board then since they (or a previous Board) created them.

If they don't have to be followed by the "rulers" then they don't have to be followed by anyone.

No point having them.

However, ARC control/review may still be required by the CCR's. With no guidelines it would just be a formality or "rubber stamp" sort-of-speak.

Review your docs. and state statutes for possible means to maintain (or regain) control and enforcement.

MaryA1 (Arizona)
Posts: 7,043

Posted:

Larry,

What a cop out!!!

The title may be ARC Guidelines, but they are still a part of the gov.doc. and are to be enforced just like any other gov. doc. If the BOD does not want to enforce the ARC guidelines then they should just abolish them, if they have the power to do that. Carefully read your CCRs to see exactly what is said about the ARC guidelines. BTW, I hope the BOD is not enforcing the "guidelines" that he is violating on any other member of the HOA! You may also want to carefully look at the enforcement provision in your CCRs. If it says the BOD has a "duty" to enforce the gov docs then they would be in violationof the CCRs if they choose not to do so.

IMO, it may be time to get rid of this board. The Pres violates the ARC guidelines and the BOD approves changes that are in violation of the ARC Guidelines. Two good reasons to vote them out of office or perhaps call for a recall election. If the BOD can so nonchalantly violate one provision of the CCRs don't be surprised to learn that they are violating others too. It appears to me they have no regard for the rules therefore should not be in a position of authority.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Hi Larry:

Read your CCR's and see how they refer to the Design Guidelines. You are in WV and here is a link showing a WV Supreme Court Case where they ruled the CCR and Design Guidelines were not considered two separate documents. This case was against a Declarant, but may shed some light on your situation: http://www.state.wv.us/wvsca/briefs/sept10/35308Appellant.pdf

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