Board voting for the ACC

Started by DianaH4 • 3 replies • 1603 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

DianaH4 (North Carolina)
Posts: 2

Posted:

Is a HOA Board allowed to vote in place of the ACC on an issue? Here are the details as far as I know them on the situation at hand:

1) Submitted ACC Request April 2011
2) Attended ACC Meeting in May 2011
-Status at the end of meeting was to await input from the Board on Landscaping Requirements
3) In May 2011 the first HOA Board Member rejected the application
4) In May 2011 another HOA Board Member rejected the application
5) In May 2011 the third Board Member rejected the application
6) At the end of May 2011 a rejection letter was sent based on Board Vote

Thanks for the help!

MelissaP1 (Alabama)
Posts: 13,836

Posted:

In our HOA, the absence of a ACC, the BOD is responsible for making ALL the ACC decisions. The BOD is also responsible for backing up and approving ACC decisions if there is one as well.

Your documentation should dictate this same information.

Former HOA President

BradP (Kansas)
Posts: 2,640

Posted:

Diana:

your documents should spell out your procedures but the Board is above the ACC and can vote/make decisions in their absence.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Diana,

As Brad pointed out, the process for application approval would be within your Associations governing documents.

Typically, an Architectural Committee's decision may be appealed to the board. Based on your post, it sounds like the request might have been something a little different then the usual request or the committee members were new and wanted guidance on what they should do. Based on this guidance, your application was rejected.

You should still appeal the decision to the Board. Ask for a hearing on the request in front of the Board. This will allow you to address any concerns the Board might have had with your request. The worst thing they can do is say no. However, depending on the request and the Association rules/regulations, you might be able to work out a compromise that will be acceptable to both sides.

Tim

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here