Quote:
Posted By MarkM24 on 08/20/2011 2:24 AM
There is more to the original question. Lets suppose a prospective client was wanting to build a home on a lot that was sold in a development by the RE gal that was on the ARC board and the house was borderline in style and size from the covenants. The other ARC board members wife is also a active RE sales gal. (they tend to stick togeather in their voting) Some consideration would be given to approving a house plan that otherwise may be voted down. It seems to be somewhat of a conflict of interest. This question relates to another post where the ARC voted to approve a house paint color(Pumpkin)after the house was already being painted without approval...The residents are in a uproar and the 2 board members voting for this approval claim the homeowner did not know about the covenants and to ask him to repaint would be a expensive proposition. The Board of directors is in a real bind as the very active secretary who hand walked the application to the homeowner and had him fill it out is also not in compliance as he has put a deck, hot tub and pagoda ON his house (attached) without a permit. He just wants to be friendly. This is one of the nicest gated communities on the Crystal Coast on the sound in NC. We just won a court case (illegal fence) that cost thousands to DEFEND. Now there are 2 more cases. The RE gals are thinking about not offending anyone and don't see anything wrong with a pumpkin house in a sea of muted grays and buffs houses. What could be their thinking in regard to property values with this ruling?
Mark,
As I believe most of the people here have posted, normally there shouldn't be any conflict of interest by having RE agents on the ARC.
However, in my opinion, your withholding of information in the OP was the equivalent of the prosecution withholding evidence from the defense in a court trial. You cannot expect to get answers that pertain to your particular situation unless you tell the whole story. Over the years I have seen threads on this forum go off in a particular direction because the OP failed to disclose important facts. As the threads went on, those facts would eventually come out and the opinions would change.
To answer your question, if the board appoints the committee members, the board can remove the present members and appoint new ones. However, in my experience, the bylaws are usually written so that the president appoints committee members. In that case, the president can remove ARC members and replace them. Can the board vote to direct the president to replace the ARC members? Probably not, because if the bylaws give that authority to the president, such a motion is in conflict with the bylaws and would be out of order.