Who does your Design Review Board report to

Started by JeriD • 7 replies • 1569 views

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JeriD
Posts: 44

Posted:

Can anyone tell me, especially in Florida, who their design review board reports to? We have one that does not report to anyone except the 7 members that makes the decisions. If you, for example, want to put a pool in and they say no for these reasons, you have no recourse except their refusal. NO where else to rebutt your case.

KevinK5 (California)
Posts: 64

Posted:

Our covenants say architectural control is by approval of the BOD or by the ARB if one is appointed by the board. Our ARB is the board of directors. We are a small neighborhood, so the BOD does double duty without a second group. Our bylaws do not not spell out any method of appeal in the case of denial. Our documents are about 20 years old. I would say our documents would allow the BOD to over-ride the ARB decisions by way of re-appointing new ARB members if the BOD did not agree with the decisions of the ARB. If we had an ARB, an owner in my neighborhod would appeal to the BOD if they felt the ARB was wrong in their decision.
Gee, I feel like Robin Williams in that movie Good Morning Vietnam. ARB BOD VIP MIA
I'm in Florida too,
Kevin

LindaC3 (Florida)
Posts: 526

Posted:

JeriD....Is there anything specific that you are requesting approval of that they have denied ?? I ,too live in Florida but would be interested in knowing what is behind the question at hand ..The ARB Commitee is an extension of your BOD and thus would report back to them,but if the request you are making is not covered in your Docs....................LindaC

JeriD
Posts: 44

Posted:

What I am trying to find out is, how many HOA's have their ARB, DRB report to themselves and not the Board.

RogerB (Colorado)
Posts: 5,067

Posted:

Jen, the Developer often writes the Declaration of CC&Rs so that the DRC is separate from the Board. They do this so they can control the DRC until all units are sold. After that the Board appoints the members of the DRC even thought it may not be technically correct according to the CC&Rs. Other CC&Rs correct for this by having a second DRC which is sometimes referred to as a Modification Design Review Committee. It is not wise to have the Board be the DRC, unless it is a very small HOA, because this allows no means for an owner to appeal within the HOA.

JM2 (Oregon)
Posts: 439

Posted:

Hi Jeri:

I'm in Oregon and the HOA I work for has an ARC that is independent. There is an appeal process - first to ARC, then to BOD. You can view our CC&R's by going to www.fhhoa.com > Documents tab > Governing Docs > Covenants, Conditions & Restrictions. Our docs are about 18 years old so there may be differences in what's being written now, and there may be some Florida state law that I wouldn't be aware of.

If there's a problem with the question of appeals of review and there is nothing in your documents, you may want to write a resolution deaing with the appeal process.

J. Patrick Moore, CMCA

RonaldW (South Carolina)
Posts: 901

Posted:

Quote:

Posted By JeriD on 05/12/2007 11:14 AM
Can anyone tell me, especially in Florida, who their design review board reports to? We have one that does not report to anyone except the 7 members that makes the decisions. If you, for example, want to put a pool in and they say no for these reasons, you have no recourse except their refusal. NO where else to rebutt your case.

Your association documents will specify who the ACC or whatever it is called in your case reports to. If it doesn't specifically state this, it can be implied. For instance, in our case, the ACC members are appointed by the BOD. It's pretty obvious that this means that they report to us (the BOD). If we don't agree with their decisions, we can replace them.

Ron
SC

BradP (Kansas)
Posts: 2,640

Posted:

Jeri:

They should report to the board, therefore if they make a decision that isn't liked you can always appeal to the board. The board runs the association, therefore unless your docs say otherwise they would control this committee.

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