Do promulgated Architectural Standards have to be filed with the CCR's

Started by MikeJ6 • 1 replies • 1477 views

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MikeJ6 (Georgia)
Posts: 1

Posted:

Our HOA has CCR's filed with the County Superior Court.

Within the CCR's the section referring to architectural standards is limited but contains the following statement:
"Written design guidelines and procedures may be promulgated for the exercise of review..etc."

There is a separate more detailed architectural standards document that contains the following statement:
"AUTHORTY. These architectural guidelines are promulgated for [sub division name] pursuant to authority granted to declarant under article 6 of the CCR's recorded in the XXX County land records...etc. The requirements of these architectural guidelines shall be in addition to and not in lieu of the requirements and provisions of the declaration"

The architectural standards document has been in existence from the HOA inception but are NOT filed with CCR's.

Q1: Does the architectural standards document have to be filed with the CCR's at the County to be enforceable?

Q2: Can the board unilaterally amend these standards to correct anomalies or would a majority of the community membership have to vote to accept the changes?

Looking forward to some help.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Mike,

NO, any ARC guidelines are not a filed document other than within the HOA. All members of the community should have a copy to insert with their CC&Rs but because these guidelines can be changed often, they are not something that requires a members vote but only Board and perhaps committee approval, therefore, they do not get filed. You documents will state If these guidelines need a vote of the community but I would certainly hope that they do not need member approval.

The guidelines are written off of the CC&R restrictions and it is up to the Board to understand, interpret and enforce these restrictions and then create the guidelines from those documents. I say NO to the community voting on them.

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