Arch Review of an Arch Committee Member's Application

Started by ND • 6 replies • 1801 views

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ND (PA)
Posts: 792

Posted:

How would you handle this situation?

A member of the Arch Review Committee submitted an application for their own exterior change and now the Committee needs to review that application and provide a recommendation to the Board.

Do you allow that Committee Member to actively engage in discussion of their own application? Do you exclude them completely from the process this go-around? Do you include them in the process but request that they abstain from providing comments or a recommendation? Is there another way to go about doing this without ruffling too many feathers?

In our particular case, the exterior change has the possibility of being rejected by the Committee because in my belief, it is not in accordance with our design guidelines. I want all Committee members to be able to speak their mind freely without fear of criticism or a fight from the one Committee Member who submitted the application.

Your thoughts are appreciated. Thanks.

JohnO6 (Georgia)
Posts: 424

Posted:

I believe in this case the applicant/ARC member recuses themselves from participating as an ARC member on this application. If it is normal, or permissible, for applicants to be present to explain/defend their application, then (s)he can act in the capacity of the applicant to do that. If not, then this person is out of the process altogether.

ND (PA)
Posts: 792

Posted:

John,

I appreciate your thoughts. In our process so far, the applicant has never been afforded the opportunity to explain/defend their application to the Review Committee. If the Committee requires additional information from the applicant, that information is requested and then provided, but the information in total should be enough for the Committee to come up with a recommendation. If the Board winds up rejecting an application, the applicant is afforded the opportunity to request reconsideration of their request at which time they may attend a meeting with the Board and plead their case. But only at that time are we currently allowing applicants to explain/defend their application.

Thanks again.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By ND on 10/04/2011 7:18 AM

Do you allow that Committee Member to actively engage in discussion of their own application? Do you exclude them completely from the process this go-around? Do you include them in the process but request that they abstain from providing comments or a recommendation? Is there another way to go about doing this without ruffling too many feathers?

Yes, the members should participate - just as any member may participate when their request is being considered.

Should the individual participate in the actual vote? I don't think they should as it is an appearance of a conflict of interest. It should also be noted in the committee meeting minutes that the member chose not to vote.

BradP (Kansas)
Posts: 2,640

Posted:

I would agree with Tim, this person gets the rights of any other member whose application is being considered, if they all get to speak and explain so should he. If none get to speak then he shouldn't either. It is a conflict of interest for him to vote on his own application

DorothyO (Washington)
Posts: 293

Posted:

I think what ND (and John) is saying, and this is the same way we do it in our HOA, that when someone submits an, we call it the ARF, Architectural Review Form, to the ARC, that applicant is out of the review process. The committee then does its review, and yes, if they have any concern and questions, they contact the homeowner before making their decision. Once the decision is made, they sign off on it, and the homeowner is notified. If the ARF is denied, the homeowner then has the option to present their appeal before the ARC. No homeowner is ever involved involved in the original "discussion," or "participation" of their application.

In our HOA, in the case of an ARC member submitting an application for review, then he/she recuses herself, and one Board member is allowed to cast that vote.

DorothyO (Washington)
Posts: 293

Posted:

P.S. I forgot to include that having the Board member assume a vote for an "absent" ARC member (for whatever reason) is written in our Bylaws.

Dorothy

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