ACC Request

Our documents require written approval of the ACC before construction, exterior changes, cutting trees, etc. There are no application fees and there is no mention of how to make these requests. There is no official request form (although that might be a good idea in the future).

A fellow board and ACC member dropped by my house today to say that a homeowner had stopped by her house to ask if it was OK to cut down a tree. The board member could not remember the homeowner's name or exact address, just what street they lived on and about where the house is.

Is it too much to ask that the homeowner submit a written request with a simple diagram of the lot and the location of the tree to be removed? Wouldn't we want the request in writing in case the homeowner did work other than what was approved? We keep a book with requests and approvals sorted by street address.

We have an ACC but due to past difficulties with the ACC not following the board's wishes and lack of volunteers willing to do the necessary "inspections" and follow up, the ACC at the present consists of three members, two of whom are also on the board (there is no language in our documents prohibiting this). There is also no fee schedule mentioned in our documents. I believe charging a fee for approval to duild a deck or cut down a dead tree would just lead to more homeowners not requesting approval, just doing the work.

A request form is a good idea and I may draft one, but for eighteen years, homeowners have just sent written requests. Sometimes in great detail, sometimes just scrawled on a piece of their child's school paper.

I'm just thinking this particular homeowner ought to be able and willing to do the same, that I shouldn't have to write his request for him. That's what I'm asking for opinions on.

RonaldW:

It is not in the Board's best interests to allow residents to submit ARC request without use of a Community Approved Form. Some reasons, not the least of which are: 'pieces' of paper are difficult to file, it is a slip-shod way of doing 'business', and it leaves too much room for error down the road when it may come back to haunt you (the Board).

An ARC form can be an asset to the Board by asking the resident to state details for: materials, placement, color, etc. Also, you could use this opportunity to remind the resident of those 'projects' which are allowed based on the docs or any rules/regs created and communicated to residents by the Board.

If you do go the route of an ARC request form, be sure to include a portion
where the Board/ARC Committee (whomever your docs state approves) has signed off on it for approval--or if its rejected, state the reason why. It is also helpful to have a formated page so the resident can alert the Board to the completion of their project for the Board/ARC Committee (again, whomever is designated) to inspect and sign off that all is done appropriately. Follow-up with a copy of all for the Community File, and one to the Resident himself.

The process of an ARC request is one of the largest areas of miscommunication, with the possibility of ending in a court case, and is is imperative that nothing is left to chance.

Assigning each submitted request with a unique, consecutive identification number might also be a good idea. That way neither the Board nor the H.O. can claim the dog ate my paperwork should a file go missing.

I do see one possible issue with Roger's form.

"unless no response is received within 45 days of complete submission of all plans, specifications, paint chips, materials and other information required by the ARC."

Does 'complete submission' give the ARC committee a way to come back to the HO evem if the ARC failed to respond within 45 days? They may find that they missed a 45 day deadline but if they had responded within 45 days they would not have approved the existing request in its submitted form, so now they can use the line 'you didn't submit everything we required'? (Only an abusive ARC might do that but the form seems to leave that as a possible argument to deny after 45 days even though they didn't respond.

The HO has no way of knowing if the submission is complete unless the ARC tell him he needs to submit further info BEFORE the 45 days. After which even if the ARC discovers it wants a paint chip or something I would think the HO could proceed due to the expiry of the 45 days with no response, rather than fall for 'we know we didn't reply within 45 days but your application was not complete'.

DJ1, I see your point. If the ARC does not request additional information the request is automatically approved as per the CC&Rs. However, as I have said before I would contact the ARC in writing at least a week in advance of the 45 day deadline. The letter can state I will proceed based on my ARC request, as per the Covenants, if I have not heard from you in ___ days. Always CYA.

Dana,
Florida Statute 720;3035 is the new section added this year to address ACC or ARB guidelines.

You will want to copy paragraph (1) as this is what I referred to as the ARC must have written restrictions as to color, style, and exterior restrictions, etc. Our Documents committee spent a great deal of time last year writting new ARC guidelines and guess what. We need to go back and redo this entire section due to this new statute. Good luck with yours. Donna

Dana,
I reread your questions and forgot to give an opinion on--if a homeowner chooses to ignore your decisions on some ARC applications? If you got down to a battle between homeowner and Board, I would bet that according to the new statute, the homeowner would prevail. You don't have mention of an ARC anyplace in your CC&Rs or By-Laws? Look in the By-Laws because I have found ARC committees sometimes stated in those.

If you have absolutely no documentation of an ARC, then I would suggest that you have an amendment proposal to have one. But I believe that the B.O.D. can form one as a committee. NancyD might know that answer. Do you have any guidelines or written specifications? You will need to have those with just a committee doing the service. Luckily you only have 200 homes.

The ARC committee and all committees are required to have meetings open to the entire membership. No committee should be closed to anyone. That's the Florida law. Alot of these older communities were formed under the old 617 statutes which were "not for profit corps" and since State Statutes 720 were enacted in 2000,(which is strictly not for profit H.O.A's) many associations have not updated their proceedures and documents. It takes time but it should be done to keep your Board and members in tune with the laws.
Donna

Dana,
After reading and rereading the new 720;3035, I am almost positive that in order to have any control over any architectural changes by owners, your association had better get some guidelines written and they must be pretty specific, according to this new statute.

It does not matter what your old documents say as you fall under St. 720 now and that prevails over any association covenants.

Our association uses a very large, well known Law firm in Palm Beach County who specializes in H.O.A.s and they sent us a notice that our ARC. guidelines must be rewritten in several areas because the specifics of colors, materials, structure type and several other items were not exactly written out. Without those being very clear and deliberate, the applicant can go with his own selections. So I suggest that you print out that new section and have a discussion on what it means and how to address it. Get legal opinion if it does not make sense to you. After all, it was written by the state lawyers and we know how clear thay can be (not!)

Dana,
Take a copy of that section and read it a couple of times. The more that I read, the easier it was to understand All Florida associations must now comply with the new statute part 720;3035. Our Board was peeved that we just spent countless hours and alot of money to rewrite our ACR. guidelines. Now we have to amend about 14 pages out of the 32 that we had just finished. All residents are required to have a current copy of the guidelines according to our lawyer.(565 copies)so back to the drawing board we go.

Donna,
Would you direct me to the attorney in WPB Florida your Association used regarding amending Covenants to come in line with FL 720.3035? We are in Boca and need to do same. Thanks