Arch Committee and Authority

Opinions please
I live in a small community in Jacksonville.

Our community had a Mod Committee established by the Declarant with authority in the Declaration of Restrictions and with the statement that the Mod Committee had jurisdiction over modifications . The rights of the Declarant were to establish the committee and choose the members and the right to assign Declarant rights to the Association. The Declarant did establish a committee. The Declarant has since finished the community and is gone. The Declaration has not been amended and needs 60% vote for any amendment. Another section states that any assignment of rights must be in writing. There are no documents showing any assignment of rights.

Based on this does the BOD have the authority to dissolve the committee and if so how do we handle modifications?

Thanks for any advice

I don't think it says we have to have a mod committee because it says "may".

Our declaration says the Declarant may establish a Modification Committee and if established has 100% control to choose the members until all lots are conveyed. The mod committee shall promulgate standards and procedures concerning its responsibility and practice. Plans, specs, location, harmony, etc...showing modifications have to be submitted to the mod committee for approval...The Declarant has the rights to assign to the Association the Declarants rights.

Since this is in our Declaration then I guess I am assuming that if it gets dissolved then in order to have modifications approved as stated above... we would have to have a committee and since the committee's definition is in our Declaration then it would have to still be as stated above.

Thanks for your input

John

I wasn't positive that we could just disband the committee since it had been established. I'm assuming we will have to give notice for this to the members.

I'm not sure what act as the Mod Committee means. Could you clarify please.

I appreciate the information and like the website so far.

Thanks

Expecting that there is a requirement in your CC&Rs to have changes/modifications approved by the Association, if the committee is abolished (and per your citation, I believe the Board could do this) the Board would have to review and approve/disapprove all changes/mods.

My suggestion, there is enough work for a Board to do. Let a committee make those decisions and the Board can listen to any member who desires to appeal the committees decision.

RichardP13, Florida does mention architectural control committees in its HOA law, but the references are all alike: "... neither the association nor any architectural, construction improvement, or other such similar committee of the association...".

"Mod Committee" is an odd name but I don't think it matters. Florida is pretty much hands-off when it comes to committees vs. standing committees or what have you. There aren't any restrictions on what you can have or how they should be organized and administered. In fact, it almost reads as though an architecture committee is optional.

Our Architecture Control Board is currently vacant completely except for the president who is an ex-officio member of every committee as per our bylaws. I think we've had 6 applications so far this year, all for minor things, and all approved by the full board at the regular meetings.

Your reasons for liking an HOA were our reasons exactly. I suspect that even though we have some differences here and there, we'd agree on a lot of things

Our Covenants have no standing committees. The the BOD can appoint any committee they so desire to appoint and they can disband any committee they so desire to disband.

In SC, committees serve at the pleasure of the BOD.