ARB - Too Much Power

Started by WilliamS1 • 5 replies • 1587 views

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WilliamS1 (South Carolina)
Posts: 113

Posted:

We are a single home residential HOA of 155 homes in Charleston South Carolina.

The ARB statement within our CCR is a very simple paragraph. In brief, all construction..alterations to any exterior shall not commence without written approval of ARB. Bylaws suggest ARB is appointed by Board Pres.

Here is what gets me " The ARB shall be the sole arbiter of such plans and my withold approval for any reason, including purely aesthetic consideration"

There is no appeals process suggested by CCR and the board has not put one in place. They said the CCR do not require nor permit appeals and that it would have to be amended. I argue that the CCR are very brief giving no pol/proc to the ARB and so it is up to the board to put procedures in place for appeals.

ARB issues are unique to homeowners and is difficult get the 75% need to change CCR's.

Any thoughts??

SusanW1 (Michigan)
Posts: 5,202

Posted:

The ARB's powers are vague and very powerful. Are they listed in the CCRs or the Bylaws.

Unless you can get other Members to change the application/appeal procedure of this committee, then I guess it's OK with them.

SusanW1 (Michigan)
Posts: 5,202

Posted:

I MEANT - that particular quote - is it in the bylaws or CCRs?

DonnaS (Tennessee)
Posts: 5,671

Posted:

William,

You must have written your other post out of frustration. Now you have given us the information that we need.

I agree, the ARB statement is really incomplete. There does need to be an amendment to what your CC&Rs have stated. There does need to an appeals process. The Board does not nor should not have the final word without due process for applicants to appeal any denial of an application.

But the CC&Rs state that you need 75% of who Members in attendance at a meeting, or 75% of the total membership? Either way, this change might take some really good campaigning to get your members interested in changing this covenant.

RogerB (Colorado)
Posts: 5,067

Posted:

Quote:

Posted By WilliamS1 on 11/17/2010 5:58 AM
We are a single home residential HOA of 155 homes in Charleston South Carolina.

The ARB statement within our CCR is a very simple paragraph. In brief, all construction..alterations to any exterior shall not commence without written approval of ARB. Bylaws suggest ARB is appointed by Board Pres.

Here is what gets me " The ARB shall be the sole arbiter of such plans and my withold approval for any reason, including purely aesthetic consideration"

There is no appeals process suggested by CCR and the board has not put one in place. They said the CCR do not require nor permit appeals and that it would have to be amended. I argue that the CCR are very brief giving no pol/proc to the ARB and so it is up to the board to put procedures in place for appeals.

ARB issues are unique to homeowners and is difficult get the 75% need to change CCR's.

Any thoughts??

The Board (or the Bylaws if necessary) does need to change the ARB approval process. Your statement "all construction..alterations to any exterior shall not commence without written approval of ARB" does not support the Board's position that the CC&Rs need to be amended. You do not need to change the CC&Rs but do need to further clarify that statement by establishing Policies and Procedures for ARB approval.
This would include:
First, the Board should be appointing the members of the ARB not the President.
Second, there needs to be the right to appeal to the Board when an ARB request is not approved which can be established by Rules and Regulations (Policies and Procedures).
Third, if there is an appeal which the Board approves and the members of the ARB will still not approve then those members of the ARB can be replaced by the Board.

WilliamS1 (South Carolina)
Posts: 113

Posted:

It is 75% of owners. It makes it very difficult especially on ARB issues. Proposed amendments " shall be first approved by majority of the board of Directors". I am guessing that the very close board will not want their powers diluted by such an amendment. Its worth a shot. Thanks..

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