Architectural review committee

Started by NatalieF1 • 8 replies • 2696 views

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NatalieF1 (Virginia)
Posts: 40

Posted:

Can an architectural review committee make a decision outside a meeting if the decision is unanimous? I am part of a newly formed arch committee preparing a written procedures for our duties. The Board of directors have been reviewing applications via email for the last two years and making approvals via email voting. We are a Virginia HOA and non stock corporation.

KellyM3 (North Carolina)
Posts: 2,239

Posted:

Natalie,

I'm in NC (which may be wholly different than Virginia) and live under a master association for my single family home neighborhood. Yes, the ARC, that regulates the single family homes, can authorize ARC Requests with the master association board holding the power to hear any appeals in the case of disputes.

Our community features standalone houses, condos and town homes. The houses have no "daily HOA board" but the condos and town homes do. The master association handles the common areas and ARC.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Natalie,

The decision would be called an action without a meeting (AWM). An AWM for Board members> consent of all members of the Board and the action noted in the minutes of the next scheduled meeting along with the written consent (copies of e-mails or signed statement) attached to the minutes. Ideally, AWM's should only be used for items that can not wait for the next scheduled meeting.

Since there is no statute that addresses AWM's by committees, the Association is free to establish their own rules and procedures. However, I would suggest using the statute for Board members as an example.

The Fairfax County Community Association Manual is a plain language guide based on VA laws for how Associations should run. I've found it very helpful on many occasions.

Hope this helps,

Tim

PeterD3 (Florida)
Posts: 708

Posted:

For Floridians, ARC meetings must be noticed 48hrs in advance and be open to all members. This can coincide with a properly noticed BOD meeting if an actual committee is not in place.

CfD (Virginia)
Posts: 265

Posted:

Tim, don't Virginia's open meeting laws apply to committees? Old thread I know, but I'm doing some research and came across this. Our Arch Standards Committee only approves applications through email and outside of open meetings. They freely admit they don't hold meetings and don't believe they are required to.

You already know I don't think this is correct. My issue with our HOA, and I've said this before, is our board believes the ASC (and the BOD) can secretly approve applications and variances without the membership's knowledge. They are on record stating variances and Arch applications are private.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Your understanding is the same as my understanding. Committees are to have open meetings.
Approving only by e-mail would require action without meetings and unanimous consent.

See: VA § 55-510.1 [emphasis added]

A. All meetings of the board of directors, including any subcommittee or other committee thereof, shall be open to all members of record. The board of directors shall not use work sessions or other informal gatherings of the board of directors to circumvent the open meeting requirements of this section. Minutes of the meetings of the board of directors shall be recorded and shall be available as provided in subsection B of § 55-510.

In my opinion, unless your Association elects individuals to serve on the Architectural committee, the committee (similar to nominations committee) is a committee of the Board. Here is an opinion by the Washington State Attorney General that supports this opinion:

MEETINGS ‑- PUBLIC ‑- APPLICABILITY OF OPEN PUBLIC MEETINGS ACT TO A COMMITTEE OF THE GOVERNING BODY.

(1) The definition of governing body, including any "committee thereof," covers both committees composed of members of the governing body and committees composed of nonmembers appointed by the governing body.

(2) A committee of the governing body is required to comply with the provisions of the Open Public Meetings Act when it acts on behalf of the governing body by exercising actual or de facto decision making power.

JanetB2 (Colorado)
Posts: 4,219

Posted:

NatalieF1:

TimB4 is from your state and has a lot of experience and knowledge regarding your State Statutes. My recommendation is to follow his advice. Tim has been on this site for a very long time and he has even been very helpful with questions from other states as he is more than willing to learn and research . I personally greatly value his knowledge and advice.

CyrstalB (Maryland)
Posts: 457

Posted:

Your docs state how long the ARC has to approve or not approve. So either prepare to meet monthly or prepare to take actions without a meeting. Our's met once quarterly, and we only had 45 days to give answer.

Depending on just what your ARC is being required to do, is it necessary to have a publicized meeting when they only have to review the application submitted that is asking to paint the house?

If they were to receive something that would be best to get HOA input, such as a four story addition, then a special meeting can be called and if it is not within the time limits set forth in CCR's, then the answer would be "no, until such time as we hold the special meeting", or something to that effect. If an HO doesn't like it, then the answer is flat out no.

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