ARC Committee

Started by YvetteR • 10 replies • 1987 views

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YvetteR (Florida)
Posts: 24

Posted:

Our ARC Committee was deactivated due to one member short. Our new attorney said our BOD could act as the ARC Committee until a 3rd member was found. Could we have just had the BOD work with us since our By Laws says 3 or more members for ARC Committee? Is it true that the President of BOD can not act as an ARC Committee member? WE are in FLorida.

PeterD3 (Florida)
Posts: 708

Posted:

Depends on your docs. There is no state statute preventing the bod or any member(s) of the bod being part of or comprising the ARC committee. Of course having non bod members fosters HO involvement.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Personally I don't think any board member should serve on the ARC. However, it would be better, in my opinion, to have one board member fill out the committee than to dismiss the other 2 volunteers and have the entire board fulfill the duties of the ARC.

CarolR11 (Colorado)
Posts: 2,563

Posted:

I, too, wouldn't be comfortable with an ARC comprised entirely of directors. In CA, if an ARC turns down an application, the applicant may resubmit to the Board. (Don't know about laws in other states.) Wouldn't do much good if the ARC & the Board are the same individuals.

Hasn't happened in the 6-1/2 yrs I've been on the Board, though.

JayP3 (Florida)
Posts: 154

Posted:

I agree it's best for them to remain separate (BOD/ARC). And that one BOD member (or more) should step in to avoid dissolution.

But it is really semantics since the ARC committee serves at the pleasure of the BOD and can be overridden by the BOD.

As Peter has said there is no state law at this time which addresses the eligability of the BOD members to serve on committees with the exception of a fining committee (along with certain relations to the BOD).

So you'll have to look elsewhwere if your trying to prevent the dissolution or participation of the BOD on the ARC.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By CarolR11 on 04/09/2013 10:45 AM
I, too, wouldn't be comfortable with an ARC comprised entirely of directors. In CA, if an ARC turns down an application, the applicant may resubmit to the Board. (Don't know about laws in other states.) Wouldn't do much good if the ARC & the Board are the same individuals.

Hasn't happened in the 6-1/2 yrs I've been on the Board, though.

I agree.

YvetteR (Florida)
Posts: 24

Posted:

Thank you all for your imput. Even though we have an ARC Committee I have been noticing a lot of homeowners doing things that needed approval. So Good Luck to the BOD/ARC Committee. They have done me a favor.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Yevtte,

Regardless if there is an existing committee or not, the owners who are making changes without approval are at risk of enforcement actions in the future for failure to request and receive that approval.

My advice, comply with your CC&Rs and request approval.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Oops, I hit the submit key to soon.

I wanted to add that the Request to and the Approval/Disapproval is to the Association.
Decisions of the Association are made by the Board.
The CC&Rs and/or the Board itself delegates the approving authority to the ARC.
If there is no ARC then the request needs to be considered and acted upon by the Board.

JayP3 (Florida)
Posts: 154

Posted:

If a board ignores a rule violation that is open and obvious for a significant amount of time, they have then “waived” the right to enforce the rule against that unit owner, and then, by extension, against anyone in the community.
And even if the violation is not open and obvious, most states have a limitation (called a “statute of limitations”) that says that, after a certain amount of time, covenant violations that have been ignored cannot be enforced for any reason, even if they were not open and obvious (in Florida, that time period is 5 years).

CarolR11 (Colorado)
Posts: 2,563

Posted:

The statute in CA also "runs" if violations have been ignored for five years after they have been first observed.

BTW, if you're in a newer HOA, certain construction defects that your developer should fix also will "run" out the statutes clock if the board makes no written request to the developer to make replacements or repairs at THREE years from when first noticed. Depends on your state's was. (I know I'm waaaaay off topic.)

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