Arc Review committee doesn't follow CC&Rs

What do you do when an arc review committee has approved something that is blatently against the CC&Rs? A homeowner put up coach lights that do not follow the architectural standards to maintain the continuity in the homes of the neighborhood. Actually, they put them up without an arc review and then did the review after the fact. The proper lights are available, they just chose not to use them. What they have chosen is very inconsistent with the original architecture. Our CC&Rs state clearly that it is mandatory to use items prescribed to maintain this continuity.

Susan

Usually the BOD appoints all committees including the ARC.

I suggest you might appeal the ARC's decision on this issue to the BOD.

Go to a meeting and present your case. Others may agree with your opinion and bring them too. All you can do is lodge a complaint and have it recorded. It will be up to the board to take action or not. They may find they are actionlist and find out their future responsibities. It is usually a shock to a HOA to find they have no powers.

"use items prescribed to maintain this continuity."

That's a very VAGUE guideline. Did it specifically state style, color and design?

The CC&Rs DON'T state what type of lights are to be used.

The CC&Rs DO state the processs to make exterior changes.

If the process has been followed then how can you say they don't 'follow' the CC&Rs?

You may not like the light's style/design/etc. but that is a different issue.

You have not mentioned if you have talked to one of the ARC members and asked them what's up with the light that you think is not "conforming" to the CCRS.

Please post again when you have found out that info.

Then you can approach the board at a meeting and get your answers because you have all the info.

Susan

One of the nastiest HOA issues I ever saw centered around the ARC and their disapproving things that the docs said were allowed but the ARC "believed" they did not "fit in" so they denied all requests for such.

When several owners got together and threatened to sue, the HOA attorney advised the BOD that the owners had good cause. He said he believed the ARC was operating/controlling beyond their right to do so.

The President of the HOA was Chair of the ARC and he had his allies on the BOD thus they said let them sue.

Several BOD Members raised an effort to replace the President. It took one election to get enough new owners on the BOD so as to elect a new President and appoint a new ARC. It the took another election cycle (one year) to get the old President off the BOD as in not reelected him when he ran again.

Bottom line is it took a year to make changes on the ARC.

OK. Let me tell you exactly what happened. A present board member went to a previous board member to falsify a document for the approval of these lights. The document was backdated to make it appear as if it was done prior to the prensent board's installment. The actual arc request was never approved until this time. The present board member knew that the present board would not approve the lights because they had been put up before, with no approval, and asked to be removed. Also the approval, which now exists, is dated but it has no signature of approval. I think that in itself makes it invalid. Also, it was done by one member, not the committee. What do you think?

Is all this fuss worth it over lights?

You seem to have information that maybe second, third hand, unless you witnessed these actions. Are you sure of your facts?

Having said that..

If the/YOUR ARC committe has authority to give FINAL approval to requests then FL law requires there must be a duly called and noticed meeting of the committee open to the membership. So there would be minutes of the meeting and the proceedings. Otherwise this 'approval' would be made at a regular BoD meeting. Again there would be minutes.

720.303 (2) "Association powers and duties; meetings of board; official records; budgets; financial reporting." ends with this sentence...

'This subsection also applies to the meetings of any committee or other similar body, when a final decision will be made regarding the expenditure of association funds, and to any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.'

You are on your own to enforce this process. Hopefully you have a majority of other members 'with you' or you're just wasting your time.

Yes, if you expect every rule, etc. to be followed/enforced to the way YOU interpret it, move.

Pattern being set?
Things WILL change in your community over time. Guaranteed. Some you notice, some you don't.

What's wrong with change?

If you find you are the only one so concerned on this or any issue, it is best to accept it and move on. Especially if you are not directly involved.

Earlier I mentioned the meeting and related protocol for FL ARC committees with final approval.
This maybe sufficient to challenge the approval DOCUMENT itself (only).

Additionally, in Florida, there have been enhanced requirements, via FL SS720, on HOAs and/or ARC (or similar) committees, to produce design standards and to reduce arbitrary decisions.

If items are strictly forbidden (i.e. no chain link fences) OR can only be of 'such and such' material (i.e. gutters must be made of copper) then the assn. should have produced written guidelines stating such.

Regardless of the procedural errors you cited regarding how the approval may be 'back dated', etc. you have mentioned no restriction of these [style] lamps OR their [mandatory] approved replacement(s).

BoD and committeee members are volunteer laypersons. They will make mistakes. The Courts know this. That's why there is little you can do 'civily & personally' to a person serving on an HOA BoD.

So without official assn. or recorded documents stating such lights are not applicable (sort of speak) to support your disagreement with the style/design of the lights your arguement seems to be personal (i.e. "you don't like them").

Thus, the BoD or it's committee has authority to approve.

So is this a new community? Are they detached single-family homes? You're first house? Your first (FL) HOA?

You may be expecting too much.

Hi Susan:

You still have not answered my questions. LOL … I am with Peter in that if you are in FL and under developer control, you may be expecting too much.

Personally I would not purchase in an HOA in FL still under developer control due to the State laws which give developers pretty much carte-blanche control.

I understand the frustration but the truth of the matter is that the community will change and that the CC&R's are not specific enough for you to have a ground to stand on. You probably shouldn't have purchased in a HOA/POA because they all have these issues. In the end, it all depends on who is running the HOA at the time as to how the "rules" are interpreted and often who you're friends with on the board or ARC.

No.

Don't be disappointed in HOA communities (Yes they have issues).

Embrace change and diversity.

While you're at it, make a few personal changes to your property.

Allow a little self-expression and that of your neighbors too.

You might find some commonalities.

Fortunately the FL HOA can not act in a punitive manner with regards to this scenario.

If the paperwork is incorrect or incomplete or otherwise defective then all one must do is correct it.

If the approved or disapproved lamps (style/model/etc.) are not specifically spelled out in documentation than they cannot be denied regardless of any clerical (paperwork) error.

This is the punitive part I was talking about... You can't punish someone (by denying the lamps) because of application protocol you can ONLY deny/approve based on the published Architectural Guidelines.