Architect Control Committee

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.

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.

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?

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?