πŸ’¬ Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in

DavidW14 (Florida)
Posts: 8
Posted:
I am in a homeowners association in Florida. Our Architectural Control Committee (ARC) has been approving things that are clearly not allowed in the Association Documents. For example, these wooden recreation structures with the canvas tops that parents get for their kids are not allowed. Yet the ARC has disregarded the Documents and allowed these structures for anyone that has submitted approval. There are a lot of these structures and probably only about 5% of homeowners bothered to submit an approval. In addition, the Documents clearly state that lawns must be fully sodded. Yet the ARC approved a homeowner to rip up her sod and put hay down. I’m not kidding. Boy does it look ugly.

So I’m wondering if the Association has any recourse against these approvals. Or are we stuck with the ARC’s decision? And if we are stuck, does that mean we forfeit the right to enforce that part of the deed restrictions? Has the ARC now set a standard that these structures are allowed with ARC approval and are we bound to it?
BradD2 (Florida)
Posts: 418
Posted:
I don't really have an answer other than to say that the ARC is a sub committee that reports to the board of directors; as such, they can be replaced after they have made a bad decision or series of them. They are required to uphold the covenants and are given the authority to approve or deny things. I am not sure the legality of overturning something that they have approved.

When was the Association formed? That hay on the lawn might qualify as Xeriscaping and per Florida Statute 720.3075.4 you may not deny a homeowner wishing to do that if the Association's covenants were recorded after October 1st 2001.
BradP (Kansas)
Posts: 2,640
Posted:
David:

If they have been approved by the committee and the committee has functioned properly then there isn't much you can do to current homeowners that I am aware of. It doesn't mean you can't enforce it on other homeowners if they ask, however, you have just made if very difficult. My suggestion is that your board get a grip on your committee and maybe even review requests before they are mailed out to be sure you are in compliance. It is the board's responsibility to oversee this group.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • βœ“ Ask follow-up questions
  • βœ“ Share your experience
  • βœ“ Get expert advice
  • βœ“ Access 350,000 discussions
Create Free Account β†’

⚑ Takes 30 seconds

Already a member? Log in here