LaurineH (Florida)
Posts: 3
Posts: 3
Posted:
Can an ARC chairman be a member of the Board of Directors for an HOA?
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Florida Law regarding ARC chairman
Started by LaurineH • 8 replies • 3163 views
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SheliaH (Indiana)
Posts: 6,964
Posts: 6,964
Posted:
What do your documents say - always start with them. I'm not in Florida, so you'll have to check if your state HOA law addresses this - I seem to recall Florida has some sort of HOA ombudsman office that might be able to assist you.
Some associations have a different group of people serving on the committee while others put at least one board member on it to serve as a liaison to the board. Either method should work if you have good people, although I prefer having a separate group (some go on to become board members and committee work is a good way to determine if one wants the more demanding job of board member or is any good at it).
The Board usually appoints people to a committee, although most will happily accept volunteers. It should set up the board and state exactly what the committee should do to prevent confusion (and perhaps collusion). For example, an ARC committee might review initial ACR requests and then forward the information to the board with a recommendation to accept. This way, questions about what the CCRs say or don't say about the color of a house or landscaping have been already been address to ensure a quicker decision.
Some associations have a different group of people serving on the committee while others put at least one board member on it to serve as a liaison to the board. Either method should work if you have good people, although I prefer having a separate group (some go on to become board members and committee work is a good way to determine if one wants the more demanding job of board member or is any good at it).
The Board usually appoints people to a committee, although most will happily accept volunteers. It should set up the board and state exactly what the committee should do to prevent confusion (and perhaps collusion). For example, an ARC committee might review initial ACR requests and then forward the information to the board with a recommendation to accept. This way, questions about what the CCRs say or don't say about the color of a house or landscaping have been already been address to ensure a quicker decision.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
If I recall correctly, and you will need to verify this as I don't have time to look it up, FL statutes only prevent Board members from serving on fining committees.
Therefore, unless your governing documents prohibit it or if the ARC serves as the fining committee, then (expecting that my recall is correct) it would be permissible for a Board member to serve or chair the committee.
Personally, I don't like to have any Board member serve on any standing committee as this creates the perception of unfairness if a member wants to appeal a committee's decision to the Board.
Therefore, unless your governing documents prohibit it or if the ARC serves as the fining committee, then (expecting that my recall is correct) it would be permissible for a Board member to serve or chair the committee.
Personally, I don't like to have any Board member serve on any standing committee as this creates the perception of unfairness if a member wants to appeal a committee's decision to the Board.
AnnH6 (Florida)
Posts: 27
Posts: 27
Posted:
Our documents prohibit Board members from also being on the ARC. Which is a very good idea because if a homeowner has a dispute or issue with the ARC then it goes to the Board. The Board appoints the ARC members and also has the power to remove the ARC members.
LaurineH (Florida)
Posts: 3
Posts: 3
Posted:
I'm still on the subject of the Architectual Committee for an HOA. Is the decision of the ARC final or does it need to take its findings to the Board of Directors for their approval.
TimB4 (Tennessee)
Posts: 21,061
Posts: 21,061
Posted:
Depends on your governing documents and they are different for every Association.
Ours allow members who disagree with the decision of the Architectural Committee to appeal the decision to the Board (in fact, it's because of this appeal process that we also do not allow Board members to serve on the Committee).
Ours allow members who disagree with the decision of the Architectural Committee to appeal the decision to the Board (in fact, it's because of this appeal process that we also do not allow Board members to serve on the Committee).
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By LaurineH on 06/08/2014 5:20 PM
I'm still on the subject of the Architectual Committee for an HOA. Is the decision of the ARC final or does it need to take its findings to the Board of Directors for their approval.
I'm still on the subject of the Architectual Committee for an HOA. Is the decision of the ARC final or does it need to take its findings to the Board of Directors for their approval.
Generally if one does not agree with the ARC decision, they can appeal the decision to the BOD.
CarolR11 (Colorado)
Posts: 2,563
Posts: 2,563
Posted:
Tim and JohnC make sense, Laurine. None of us know what your HOA's docs state or what FL requires. You need to look it up. There are some posters here who live in FL, so they might know state law.
In CA, state laws say that if an ARC turns down an Arch. Change app, the owner can seek a different decision from the Board. In CA, HOAs are required to send a statement saying that with our annual budget.
In CA, state laws say that if an ARC turns down an Arch. Change app, the owner can seek a different decision from the Board. In CA, HOAs are required to send a statement saying that with our annual budget.
DouglasK1 (Florida)
Posts: 2,046
Posts: 2,046
Posted:
Quote:
Posted By LaurineH on 06/08/2014 5:20 PM
I'm still on the subject of the Architectual Committee for an HOA. Is the decision of the ARC final or does it need to take its findings to the Board of Directors for their approval.
I'm still on the subject of the Architectual Committee for an HOA. Is the decision of the ARC final or does it need to take its findings to the Board of Directors for their approval.
I'm not aware of any law that covers this. How the ARC works should be defined in your governing documents, such as in the CCRs. Typically, the board is not required to ratify or approve ARC decisions. If owners disagree with an ARC decision, they can appeal to the board. If they don't agree with the board's decision, they can appeal to the courts by means of a lawsuit. So no decision is "final" until the supreme court rules on it.
Escaped former treasurer and director of a self managed association.
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