ARC

Hello,

I am the ARC Chairman in a newly transitioned Community. The ARC committee of (5) has created Community proposed Design Guidelines in accordance with our covenants. We have sent the proposed Guidelines to the BOD, Landscape Committee and Compliance Committee for review and suggestions. We now have modified the guidelines to include the suggestions that the ARC deemed reasonable. We wish to send the proposed Guidelines out to the Community for them to review and give their input at an open ARC Meeting. (We understand the BOD has the final decision.) The president of our association (who does not personally agree with some of the guidelines) has mandated that the ARC conduct an open meeting (prior to distribution of ARC Guidelines to the Community) immediately followed by a special BOD/ARC meeting, at which time the BOD will make changes to the ARC Guidelines "to make sure the guidelines are what they (BOD) wants." He "President) states that the Community has no right to input and that the community may NOT be notified of the proposed ARC Guidelines until the President says so. I have disputed this and could not come to an agreement with him. He said he would call our HOA attorney and get the answer, but I would not be allowed to participate in the call and he will tell me what was said. I have no doubt what the answer will be. Since only the President and Vice President have the right to call our attorney, I can not verify his answer. This same attorney, in writing, advised that the correct procedure would be to develop the Guidelines, submit for review, revise, send to the community and then present to the BOD for approval. The President does not agree with this.

I need to know:

1) Does the BOD have the right to dictate to the ARC the content of the proposed Design Guidelines.

2) Does the Community have the right to have input and answers on the guidelines prior to BOD approval?

3) Does the ARC have the right to send the proposed Guidelines out without BOD approval?

1) Does the BOD have the right to dictate to the ARC the content of the proposed Design Guidelines. Yes...
2) Does the Community have the right to have input and answers on the guidelines prior to BOD approval?
Yes, but...Our ARC rules were written by the attorney when the HOA was formed, so we didn't have to deal with that problem, however, you have an elected or appointed ARC to establish and enforce the rules, so why would you want to get the general population involved? You would be opening a huge can of worms by getting far more conflicting feedback than you could ever want. Every homeowner has their own agenda and would like to see the rules written to favor themselves. The majority of homeowners don't know or care that the BOD and the ARC even exist, unless something comes up that affects them. You will find that out when you start having your meeting and you're sitting there alone. If they want a voice in the rules committee, let them run for office. You represent the people, make a decision..!
3) Does the ARC have the right to send the proposed Guidelines out without BOD approval?
No I would hope the BOD and the ARC work closely together and shouldn't be having major disputes. It's tough enough running a community without having disputes among the members,let majority rule.Just my 2 cents...

I need to know:

1) Does the BOD have the right to dictate to the ARC the content of the proposed Design Guidelines.
I say YES. The ARC serves the BOD.

2) Does the Community have the right to have input and answers on the guidelines prior to BOD approval?
I say NO. It might be smart to let them have input, but they do not have a "right" to know.

3) Does the ARC have the right to send the proposed Guidelines out without BOD approval?
I say NO. Until the BOD approves, the changes cannot be made.

With some others: 1, Yes, 3, NO

And it looks like that in FL as in CA, the memberships will have the opportunity to comment on the these proposed guidelines, which will be, in fact, rules.

Your HOA attorney wrote and: "...advised that the correct procedure would be [for the ARC] to develop the Guidelines, submit [to the board] for review, revise, send to the community [for xx days comment period?] and then present to the BOD for approval."

My brackets show how it must be done in CA per Civil Code. I assume your attorney gave his written opinion based on some FL statute or perhaps even your own governing docs' requirements for changing rules.

In CA, this written comment period is for 30 days. Then at the second board meeting on this topic, which must be open, Owners who are present are once again invited to give their opinions. Based on written & verbal feedback from the membership and the ARC's recommendations, the Board votes on a decision.