ARC final colors picked without open meeting

Florida HOA (FS 720): ARC just set out a new color chart. The ARC did this without an open meeting before the members as per FS 720.

The president is saying his “authority” says 720 is a guideline only and our docs can override. He refuses to reveal his authority.
The CCR sentence behind his opinion is: “The Committee shall have full and absolute authority to approve or disapprove any such additions, changes or alterations.” That word "absolute" is the big word here. There is no mention who picks the colors or the process for making the decisions.

The president’s opinion is that this overrides FS 720, and he also says the board has no say and cannot interfere in this issue. I know that in specific issues docs if more restrictive may override (such as a number of days to post a meeting notice may be more restrictive tha FS 720 or substantive vs. procedural makes a difference), but the open meeting concept I interpret as ”procedural” and a protection for the members and I don’t believe that can be overridden by anyone.

720.303(2)(a) “…open to all members…any body vested with the power to approve or disapprove architectural decision with respect to specific parcel or residential property…” http://www.leg.state.fl.us/STATUTES

Qeustion 1: Do you feel our docs override FS 720 on this issue
Question 2: Just putting this out as a possible thought. Are ARC guidelines actually rules (a rose is a rose) and therefore would require the 14-day notice to the members before it is enacted.

I don't know Florida (law), but I just laugh at the thought that any state legislature went to all the trouble of meeting, working up a bill, and then made it "a suggestion" or "guideline".

Maybe i should try that next time I get stopped for a traffic violation... "But officer, those statutes are guidelines, we don't HAVE to follow them."

BJS

I am a bit confused. Is it the President of the ARC or the President of the HOA claiming he is "in charge"?

Thanks

We all agree that it should have been an open meeting, the homeowners should have been allowed feedback but at the end, open meeting or not it would still have been the ARC's decision.

From what I recall from a long thread a while back, Florida has very strict open meeting laws. There are very few reasons that the Board or ARC can make decisions in secret, if I remember right. I'd think that color choices would indeed be a very emotional issue!

In my opinion, homeowners should, at the every least, be able to give their opinions. Or even participate in an "advisory vote." There might be 3-4 choices posted somewhere.

BjS, are you on the Board? It sounds like it. In HOA's that I've heard about, the board approves the composition of committees, not the president.

Anyway, I'm sorry about your troubles!

BjS,

I just have to say that I feel for you. But you are lucky that the trouble maker president resigned. We should all be that lucky.

But like Lawrence advised me in another post, if something is not being followed correctly, go around the neighborhood and get support, then bring it up to the board. If you bring it up to the board before having support, of course they are not going to like to hear that they are doing things wrong. Either way they won't like it, but at least with support, you have stronger ground to stand on.

I have been in situations like this before, where there is a clic and if you upset one, they all gang up against you. It is horrible, especially when you are trying to do what is right. I had to deal with this in a workplace where I had to defend myself against another worker who approached me aggressively and his clic turned on me making working there unenjoyable anymore. The lesson of the story is to make sure you develop your own clic of ethical people because there is strength in numbers.

This is partially why open-ended C&Rs or bad. BoDs can try to circumvent Florida's laws by making such covenants that grant the BoD unlimited power at an unnamed date in the future.

If you are gonna make a covenant or rule, make it specific and live with the consequences. Don't like it? Go through the same process to get it changed.

The power should reside with the homeowners, not a select few behind closed doors. Sadly, a HOA has more resources at hand to fight petty things like paint colors than individual homeowners and chances are when threatened with a lawsuit most homeowners back down. Even though Florida can allow the reimbursement of legal fees if victorious in court, do you have enough time and money to see a fight to a judgement? If the HOA needs more cash, they could assess the membership. You can't.

Try and sway homeowners on your side and confront the board together in a civil manner. Maybe a group session could enlighten the president.