ACC Committee

We are having some issues with our ACC Committee "adding"
their own "interpretation of guidelines" for the neighborhood that are not in the CCR's. Such as outside lighting. It is stated in our CCR's that 'All exterior lighting should be a low-level, non-glare type and located to cause minimum visual impact to adjacent properties and streets. The ACC Committe told a homeowner they have to remove their lights because they give off a soft purple hue when color is not stated in the CCR's because some of the committee members don't like the color. They have gone so far as to threaten them with a lean againist their property if they do not comply. Have anyone of you had problems of this nature before? I live in Georgia.

Sheri

Sheri,
If your ACC is in charge of Covenant Enforcement the members obviously do not have sufficient knowledge to do the job properly. Have you considered hiring a knowledgeable managing agent for Covenant enforcement?

In most cases, that's not correct. The ACC will have the authority to approve or dissaprove additions, modifications, etc. to insure "harmony" with the surrounding homes.

In the OP's case, the person who installed the lights would have been better served by requesting permission to install the lights before actually doing so. He or she would have been told in advance what was acceptable and what was not.

In our association, the members of the ACC are appointed by the BOD, are accountable to the BOD, and can be removed and replaced by the BOD. Check your CC&Rs. Somebody has to be in charge.

At the very least, the BOD can call the ACC to a meeting and outline expectations, responsibilities, and authority.

ron, you may be correct IF the covenants or by laws state that "harmony" is required, or a certain community standard must be adhered to. If the only rule about lighting in the code, however, is nothing more than "six inches above ground, no more than 50 watts, and must be on a timer", then I can choose whatever color I want, and the board (or ACC) can do nothing about it, as long as it is 5 inches tall, 48 watts, and on a timer.

The ACC can only enforce the codes that are written. If they are going to cite me for "disharmony" with my surrounding homes, there better be a code that says I have to be harmonious. a homeowner cannot be forced to abide by unwritten rules.

Our CC&Rs are in a PDF format so I can't cut and paste, but they do allow the ACC make decisions based on "harmony of exterior design, color and location in relation to ................ ". Yours may be different.

In general, the ACC is charged with approving or denying any exterior modifications such as additions or modifications to structures, fences, driveways, etc. including color changes, and landscaping. Are these "unwritten rules"? In some ways they are. That's why it's a committee, not an individual, and that's why the committee is subject to the BOD. Our CC&Rs do not prohibit a cinderblock home, but you can be assured the plans would not be approved by the ACC. ACC permission is required to remove a living tree more than a certain diameter. There's no written rule as to which trees may be removed, the ACC decides on a case by case basis.

In the case we are talking about, the owner should have submitted plans before installing the lights. If the lights were installed according to the plans there would have been no problem and no post to the forum. Everyone would have been happy. If the plans were denied, the homeowner could have attempted to negotiate with the ACC for a compromise or appealed the decision to the BOD.