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JohnC46 (South Carolina)
Posts: 14,265
Posted:
We are forming an ACC and looking to publish an article in our newsletter as to the overall goals, function, etc, of an ACC.

Looking for a good description of the goals of an ACC. An upbeat article versus a challenge, threat, etc. Maybe somebody had one published at one time.

Thanks

TimB4 (Tennessee)
Posts: 21,059
Posted:
Here is some info:

Architectural Control Committees: Do They Serve A Need? from Reality Times

ARCHITECTURAL CONTROL COMMITTEE CHARTER from an HOA

ARCHITECTURAL CONTROL COMMITTEE CHARTER Different HOA, Different Charter

Does a Homeowners Association Need an Architectural Review Committee? 2014 article by a MC

HOA ACC Guidelines and Procedures Read the introduction on page 2. I think this is similar to what you are looking for.

John,

Please share the articles when you have completed them.
KerryL1 (California)
Posts: 14,550
Posted:
Do your covenants state that such a committee is required in your HOA, JohnC? (Ours do require such a committee.)

If your docs do require an ACC, do they say nothing about its job? Ours say quite a lot. In part it's because we're a high rise, so there are lots of restrictions about wall penetration, plumbing & electrical changes,and also window covering colors etc. Beyond that we have a set of ACC Guidelines and an ACC Change request forms packet.

Ours do start out by positively stating all of the creativity we may use inside our own condos
JohnB26 (South Carolina)
Posts: 1,001
Posted:
The ACC may NOT add restrictions to the Covenants.

They may only define/explain existing Covenant restrictions.

There are NO goals except the administration of any restrictions in the Covenants.

Their sole function is to 'administer' the restrictions contained in the Covenants.

If the Covenants specify or require an ACC then by all means adhere to the Covenants.

Said Covenants will probably also define the ACC's duties and obligations.

If the Covenants are silent, STOP !
KerryL1 (California)
Posts: 14,550
Posted:
Good clarification, JohnB. Our Guidelines and Change Requests only elaborate on our CC&Rs ACC materials. Hours/days work is permitted, procedures reserving the elevators, forbidding kids/dogs accompanying the contractors. Shirts required in our common areas.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

I think you misread or I failed to explain better in my last few posts as to what I am looking for so allow me to try and explain.

We are in the process of transitioning our 112 standalone homes from the Declarant to we owners on 01/01/2015......yes in three days. Our Declarant was honest, a professional, a gentleman and will be leaving us in good shape (roads, reserves, etc.). The problem is he was to "gentle/polite" when it came to back dues and Covenant violations, etc. He freely admits this.

We had a General Member Meeting (about a 25% turnout) in early December explaining it all. With the exception of about 4-5 known Chief Complaining Officers (CCO's) the meeting went well. The new BOD (I am VP and Treasurer) intends to be a bit "firmer" on a few things (mainly past dues and Covenant violations) but we do not want to come in "cracking a whip".

We intend to enter quietly, involve people, educate people, appeal to their whatevers, etc. We want to create a sense of community. We have decided our first steps will be a few "informational/educational" articles in our newsletter (which reaches 80% of our owners) such as the positive aspects of what an ACC can do for you/us. We are also using the newsletter to ask for owners to volunteer to be on the ACC.

Saying you are going to crack down on late dues payers is a no brainer. 97% of our owners pay on time or close to. 97% want to crack down on those that do not pay. This "cracking the whip" is an easy sell.

Now kick it up a notch about Covenant violations. It could well be that all of us at one time or another violated one. Come on folks be honest. Maybe as simple as the trash barrel being put out a few hours early or taken in a few hours late. We have all committed such an infraction.

To get back on track. My last few posts have been asking for help/assistance in our "soft shoe" approach. I came from a sales/marketing background. I know how to schmooze/sell stuff. The issue is I do not want it all coming from me. I want to be able forward links to fellow BODers to plant the seeds in their minds so they might step forward to write the articles for our newsletter.

I am looking for an easy way out......LOL

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnB26 on 12/29/2014 4:12 PM
The ACC may NOT add restrictions to the Covenants.

They may only define/explain existing Covenant restrictions.

There are NO goals except the administration of any restrictions in the Covenants.

Their sole function is to 'administer' the restrictions contained in the Covenants.

If the Covenants specify or require an ACC then by all means adhere to the Covenants.

Said Covenants will probably also define the ACC's duties and obligations.

If the Covenants are silent, STOP !

JohnB of SC

Of our 27 double sided page Covenants, about 8 of the pages refer to an ACC and what they can enforce. The duties and obligations are there. The ACC has the power.

I assume you have read my earlier post about soft shoeing our take over.

JohnC of SC

KerryL1 (California)
Posts: 14,550
Posted:
I appreciate your clearer explanation, JohnC. Since you do know how to schmooze & sell, perhaps you can start a basic draft and shoot it off to your fellow directors for feedback??
JohnB26 (South Carolina)
Posts: 1,001
Posted:
.... Covenants, about 8 of the pages refer to an ACC and what they can enforce. The duties and obligations are there....


Publish same to members with a politely worded reminder that these REQUIREMENTS found in the COVENANTS will be administered/enforced in the future.

SIMPLE
KerryL1 (California)
Posts: 14,550
Posted:
Well, JohnB, JohnC was looking for something friendlier. In CA, a summary of AC policies is required to go to HOA owners with the annual budget letter. Our summary of our 10 CC&R pages and also Change Requests & ACC Guidelines is less than a page. You can make it sas breezy as you like.

1. Refers owners to our own CC&Rs article numbers.

2. Lists work that requires ACC approval. In your detached-home HOA, this might be where you specify colors, exterior materials or palettes.

3. Lists the forms they must complete--available on our website

4. States how H/Os may proceed if turned down by the ACC (req. in CA)..

5. States potential penalties for failure to obtain approval.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
as I said:

.... with a politely worded reminder ....
AmandaR2 (South Carolina)
Posts: 566
Posted:
We wrote a letter something like this one once.

Dear Members,
The board of directors were discussing rule compliance at our last board meeting. We have been failing in the rule enforcement area. We would like to focus on the rules that degrade curb appeal, market values and livability. In communities like ours failure to maintain certain standards can have a direct impact on our properties. So we would like to make fixing any issues a priority. We have some architectural design issues that need to be addressed within a reasonable amount of time. The rules, regulations and policies are designed to enhance the livability our neighborhood and help sustain all members home values.
We are attaching a copy of our ..........for your review and thank you in advance for any adjustment you may need to make in order to be in compliance.

Hope it helps. This approach worked for some rule breakers (not all) and it did not create a hostile atmosphere.
JohnB26 (South Carolina)
Posts: 1,001
Posted:
They are NOT rules but restrictions within the Covenants.

Much too 'soft soap' for my taste.

A softly worded BUSINESSLIKE letter referring to the Covenants would be my choice.
AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By JohnB26 on 01/01/2015 1:19 PM
They are NOT rules but restrictions within the Covenants.

Much too 'soft soap' for my taste.

A softly worded BUSINESSLIKE letter referring to the Covenants would be my choice.

The words in the example are able to be changed, rule, restrictions etc. Just throwing a different approach out there, it worked for us as a first step to create a sense of community. Might not work for all.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
As the OP allow me to back up some and clarify. We are looking to recruit owners for our new ACC. At this time we need to "sell" a few on joining the ACC. Once this is done, the ACC can do as needed but we need ACC members now.

Here is the initial cut on a article that will appear in our January Community Newsletter:

As per our Declaration of Protective Covenants, So and So HOA Board Of Directors (BOD) will be forming an Architectural Control Committee (ACC). The Committee will consist of three owner volunteers and one Member of the BOD.

The overall goal of our ACC will be to promote, develop, improve, and maintain the aesthetic quality of So and So and enhance homeowner property values.

The ACC will assist the BOD in the oversight and enforcement of Courtside Commons Declaration of Protective Covenants as they pertain to Article VI, Use Restrictions and Rules.

Some of you have made comments in our Newsletter on ways to improve our association and about problems you have observed. These people have shown they care about our community. We need more like them. The BOD is asking for your help. We need volunteers for the ACC. Please contact.....


Mel. Do not jump on the enhance property value. That is what many expect and want to hear.

KerryL1 (California)
Posts: 14,550
Posted:
I think Amanda's board wrote a pretty nice letter.

"The board of directors were discussing rule compliance at our last board meeting. We have been failing in the rule enforcement area. We would like to focus on the rules that degrade curb appeal, market values and livability. In communities like ours failure to maintain certain standards can have a direct impact on our properties. So we would like to make fixing any issues a priority. We have some architectural design issues that need to be addressed within a reasonable amount of time. The rules, regulations and policies are designed to enhance the livability our neighborhood and help sustain all members home values.
We are attaching a copy of our ..........for your review and thank you in advance for any adjustment you may need to make in order to be in compliance."

If it were me, though, and given your wish to make it it friendly, JohnC, I'd flip some words so that they become positive vs. scolding:

Your board of directors discussed compliance with our rules and covenants at our last meeting and realized that we need to do a better job of enforcement.

In communities like ours, upholding certain standards has a very positive impact on all of us! So we'd like to focus on the rules that enhance curb appeal, marketability and livability.

We board members are targeting the repair of existing issues our first priority and know we can count on you to address them in a reasonable amount of time. There also are some architectural design matters that need attention.

XXX HOA's rules regulations and policies are crafted to help sustain all members' property values. We've attached a copy of --------- for your review. Thank you in advance for working with us all to make the J&T Baker Estates among the top communities in xxx county!

Now JohnB won't like this rah-rah approach, but I think it can't hurt! Melissa, please don't start with your attractiveness doesn't maintain or improve property values. That is NOT the main point--a newsletter item is.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kerry

I agree and as I said in earlier posts, we want a soft shoe approach. Our first goal is to recruit owners for the ACC. That is where we presently are at.

Our second goal is for the ACC to "outline/inform" all fellow owners about the issues/problems we see and hope all will correct (which I doubt). Our third goal is for the ACC to "politely" inform individual owners about their personal violation and hope hey correct. Our fourth goal is for the ACC to "politely attack" individual owners that continue with their violations. Our final goal is for the ACC to "legally attack" individual owners that continue with their violations.

Time frame from forming the ACC (or the BOD will do it) to legally attack is about 4-6 months. Plenty of time to go about it politely/personally before shock and awe......LOL

AmandaR2 (South Carolina)
Posts: 566
Posted:
Quote:
Posted By KerryL1 on 01/01/2015 2:00 PM
I think Amanda's board wrote a pretty nice letter.

"The board of directors were discussing rule compliance at our last board meeting. We have been failing in the rule enforcement area. We would like to focus on the rules that degrade curb appeal, market values and livability. In communities like ours failure to maintain certain standards can have a direct impact on our properties. So we would like to make fixing any issues a priority. We have some architectural design issues that need to be addressed within a reasonable amount of time. The rules, regulations and policies are designed to enhance the livability our neighborhood and help sustain all members home values.
We are attaching a copy of our ..........for your review and thank you in advance for any adjustment you may need to make in order to be in compliance."

If it were me, though, and given your wish to make it it friendly, JohnC, I'd flip some words so that they become positive vs. scolding:

Your board of directors discussed compliance with our rules and covenants at our last meeting and realized that we need to do a better job of enforcement.

In communities like ours, upholding certain standards has a very positive impact on all of us! So we'd like to focus on the rules that enhance curb appeal, marketability and livability.

We board members are targeting the repair of existing issues our first priority and know we can count on you to address them in a reasonable amount of time. There also are some architectural design matters that need attention.

XXX HOA's rules regulations and policies are crafted to help sustain all members' property values. We've attached a copy of --------- for your review. Thank you in advance for working with us all to make the J&T Baker Estates among the top communities in xxx county!

Now JohnB won't like this rah-rah approach, but I think it can't hurt! Melissa, please don't start with your attractiveness doesn't maintain or improve property values. That is NOT the main point--a newsletter item is.

Like your version, now how to make the job description sound enticing might be the harder task, lol
AmandaR2 (South Carolina)
Posts: 566
Posted:
John, Actually why not send out something along the lines of Kerry's letter, then end it off by saying you need volunteers to serve? Maybe you could possibly gain some compliance early on because the members will have a preview of what's in the future for them? Hopefully make everyone's job a little easier--maybe kill two birds with one stone.
KerryL1 (California)
Posts: 14,550
Posted:
Ah, I got the HOA name wrong. it should be J&T Bakker Estates ; )
TimB4 (Tennessee)
Posts: 21,059
Posted:
John,

This is one we used:

The creation of a four tier rating system for the annual inspection was an important effort in this
relationship. One reason for creating this system was to acknowledge the benefit of apprising a
homeowner of current and future maintenance items without deeming them violations. Similar
to annual vehicle inspections, most car owners do not routinely crawl under their cars to look for
impending problems or pull off tires to inspect brakes. Likewise, most homeowners do not
routinely inspect their roofs, exterior painting, and fencing. As such, it's beneficial when
someone inspects your car or home and advises you ahead of time about maintenance that you'll
need to think about. The ACC hopes that our neighbors see these efforts as beneficial to
themselves and to the community by taking advantage of the time allowed to plan and complete
discrepancies before another annual inspection. While the importance of keeping your car on the road most likely outweighs the fence post you need to fix, the latter is noticeable to your
neighbors and when repaired is appreciated by your! neighbors.

As we share this community, we realize that our neighbors' yards are our vistas. These yards are
the views from our front and back windows. We take great effort to make our interiors
comfortable because they are sanctuaries for most of us. Likewise, we want the same for our
immediate exteriors, both our yards and our neighbors. The ACC has gotten a good number of
complaints about residents' yards. Most are about items not being properly stored or that should
be placed in the backyard and others are about yards not being kept neat. Now that the summer
is ending, we can expect most items to be stored for the winter and yards to get their final
makeovers and cuts. As you work through your outdoor projects and use your bikes and toys,
remember that when you're done for the day, take the time to keep your job site clean and safe
and to put your bikes and toys away for their protection. It's beneficial for you and it gives our
neighbors the pleasing vistas that they too deserve.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
JohnC,

As a leader of tiny ACC, your job is best done when you serve as a referee by comparing a property owner's project request against the covenants with as LITTLE subjective opinion as possible. It's that simple but it's not a job for wobbly-kneed individuals.

MichaelB36 (Georgia)
Posts: 2
Posted:
That's entirely inaccurate, at least in our association. The Covenants specifically designate the A.R.C. to establish and adjudicate from architectural guidelines. These guidelines are sometimes added to, modified, simplified, etc and subject to the approval of the BOD. With that being said, the Architectural Guidelines cannot override Covenants in any circumstance. An example: Covenants prohibit living space over a detached structure (read: garage) This even includes garages that are attached via breezeway. The intent of this covenant is to preclude a resident from renting out a portion of his/her property as a stand alone unit without incurring an appropriate assessment.

Our A.R.C. cannot approve any such modification that amounts to a violation of this covenant. With that being said, if there is no evidence that the space above a detached garage will be conditioned (on the plans, such as exterior stair cases etc) the A.R.C. will typically not investigate the matter.

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