JimP2 (Maryland)
Posts: 2
Posts: 2
Posted:
Who would create and adopt general rules and regulations for an HOA when there is no Architectural Control Committee? Is the ACC appointed or Elected, we currently have NO by-laws?
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Architectural Control Committee in MD
Started by JimP2 • 6 replies • 1563 views
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TracyT (Maryland)
Posts: 228
Posts: 228
Posted:
Are you sure about not having by-laws? Do you have a Covenant? If you are in an HOA you should have these documents, They would have been provided at the time contract. They should answer your questions. Or is it a new HOA?
Our Covenant/By-laws (in MD) says the Covenant Community is appointed by the BOD. The CC or the BoD, if no CC, can from time to time implement rules . . .
Tracy
Our Covenant/By-laws (in MD) says the Covenant Community is appointed by the BOD. The CC or the BoD, if no CC, can from time to time implement rules . . .
Tracy
JimP2 (Maryland)
Posts: 2
Posts: 2
Posted:
I am sure about no By-Laws. I am the President of the HOA and we have taken over BoD over from the Developer and Builder of the community. There is nothing in the land records or the depository of the County. The DoCCR is recorded but nothing in there about how the CC is formed. If nothing is stated then is it up to the BoD to appoint?
JM2 (Oregon)
Posts: 439
Posts: 439
Posted:
Hi Jim:
I'm not in MD so there may be some folks who can improve on my answers.
I would suggest that you do the following:
1) Get some sets of bylaws from surrounding HOA's that are similar to yours, and appoint an ad-hoc committee of the board to pick & choose from them to create a set of proposed bylaws.
2) Refer this to your association's attorney for review/suggestions/ improvements.
3) If you CC&R's are silent on the issue of bylaws, request an opinion from the attorney on how to proceed, whether to have bylaws approved by the board or by the community; include such things in the question as how they would be chanaged, and if by a community vote, how much quorum or what percentage of all owners would be required.
Regarding an ACC, if there is nothing in your declaration, you will probably want to amend your declaration to include an ACC. First step, while you're getting copies of people's bylaws, ask for the section of the declaration that deals with ACC/ARC, and draft a proposed amendment, then run it also by the attorney. The board could decide how the ACC is appointed, terms, etc.
Best of luck in all of this!
J. Patrick Moore, CMCA
I'm not in MD so there may be some folks who can improve on my answers.
I would suggest that you do the following:
1) Get some sets of bylaws from surrounding HOA's that are similar to yours, and appoint an ad-hoc committee of the board to pick & choose from them to create a set of proposed bylaws.
2) Refer this to your association's attorney for review/suggestions/ improvements.
3) If you CC&R's are silent on the issue of bylaws, request an opinion from the attorney on how to proceed, whether to have bylaws approved by the board or by the community; include such things in the question as how they would be chanaged, and if by a community vote, how much quorum or what percentage of all owners would be required.
Regarding an ACC, if there is nothing in your declaration, you will probably want to amend your declaration to include an ACC. First step, while you're getting copies of people's bylaws, ask for the section of the declaration that deals with ACC/ARC, and draft a proposed amendment, then run it also by the attorney. The board could decide how the ACC is appointed, terms, etc.
Best of luck in all of this!
J. Patrick Moore, CMCA
StephanieF1 (Maryland)
Posts: 8
Posts: 8
Posted:
I am in the same situation. We have the Declarations of Restrictions from the builders, ours does include a section on an Architectural Control Committee, but these do not state how to elect the positions or what to include in the parameters that this committe can approve. Does your CC&R state that Dues for your community are mandatory. Our HOA dues are voluntary and I am just wondering if I need to ammend the Declarations.
TracyT (Maryland)
Posts: 228
Posts: 228
Posted:
I should posted here but see it at "Legal Question about CC&R's, and Bylaws for MD"
There is also a local organization (in Montgomery Co.) http://www.marylandhomeownersassociation.info/ who can get you down the right path for the state. You can join the org. for like $25 a year and have access resources knowledge of state laws.
This group is experienced in HOA law and applicability etc. There work has been referenced in many local and national publications.
Hope this helps.
Tracy
There is also a local organization (in Montgomery Co.) http://www.marylandhomeownersassociation.info/ who can get you down the right path for the state. You can join the org. for like $25 a year and have access resources knowledge of state laws.
This group is experienced in HOA law and applicability etc. There work has been referenced in many local and national publications.
Hope this helps.
Tracy
GloriaM (North Carolina)
Posts: 829
Posts: 829
Posted:
Jim:
The ACC is appointed by the Board of Directors. They are not an elected body. The Board of Directors adopts rules and policies. The Board of Directors can approve ARC's when there is no ACC in place.
The ACC is appointed by the Board of Directors. They are not an elected body. The Board of Directors adopts rules and policies. The Board of Directors can approve ARC's when there is no ACC in place.
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