Architectural Review Committee

Started by JosephB7 • 9 replies • 1637 views

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JosephB7 (North Carolina)
Posts: 11

Posted:

Our past ARC has been approving projects that don't meet the guidelines specified in both the ARC Guidelines and CCR's. These out-of-spec projects were approved by members of the committee that either acted out of ignorance, overlooked or just disregarded.

Current HOA Board says there is nothing that they can do but I beg to differ. I believe that the HOA has an obligation to have the homeowners with non-compliant projects bring those projects back into compliance. I certainly don't believe that the homeowner should have to bear the cost of having to bring those projects back into compliance. The home owner just followed the directions of the ARC.

Would the HOA be held liable for the costs associated with bringing these projects back into compliance.

Out of compliance for either or size, shape, materials used, siding, color ect.

TIA for your opinions.

MarkM31 (Washington)
Posts: 351

Posted:

If you bought a house for $500K and three years later the seller called and said they should have sold it for $600K, would you cut a check?

You have at least three problems with your scenario
1) Compelling those HO's who already have previous ARC permission to change yet again
2) Paying for it. Of coarse the HOA is liable, and probably liable for the attorney fees of any HO who fights you and prevails
3) You also probably have a statutory issue

In short, pre-existing contract, money and time.

Don't even think about it.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JosephB7 on 10/14/2015 9:13 AM

Would the HOA be held liable for the costs associated with bringing these projects back into compliance.

That would truly be an issue for the courts.

An argument can certainly be made that, in accordance with governing documents and good faith, the owner approached the designated approving authority and received approval for an exterior change. Costs were incurred for those changes. Now the approving authority is saying they made a mistake and the project is disapproved. Therefore, since you incurred costs based on the good faith approval, you should be made whole and recoup said costs to now correct the error.

An argument can be made that you were aware of the guidelines and covenants, yet still chose to submit a request that violated those guidelines and covenants. Therefore, any damage incurred because you were negligent in making such a request.

I do think that a judge would award something, but how much is hard to say.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Tim

and which way they would award is also up for grabs....

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JosephB7 on 10/14/2015 9:13 AM
Our past ARC has been approving projects that don't meet the guidelines specified in both the ARC Guidelines and CCR's. These out-of-spec projects were approved by members of the committee that either acted out of ignorance, overlooked or just disregarded.

Current HOA Board says there is nothing that they can do but I beg to differ. I believe that the HOA has an obligation to have the homeowners with non-compliant projects bring those projects back into compliance. I certainly don't believe that the homeowner should have to bear the cost of having to bring those projects back into compliance. The home owner just followed the directions of the ARC.

Would the HOA be held liable for the costs associated with bringing these projects back into compliance.

Out of compliance for either or size, shape, materials used, siding, color ect.

The current board is correct. If an owner sought approval for something prohibited and the ARC granted approval then the owner had reason to proceed with this project in good faith. Lawyers have a field day when they can claim that their client relied on the words of another party to the detriment of their client.

Those who felt the ARC acted incorrectly had a host of remedies including timely appeals to the BOD or civil injunctions to prevent construction. It sounds like at least one person sat on his hands when he had the opportunity to act.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

As a BOD I would hate to try and defend some action against an issue when my ARC approved it. I would say we have to live with their approval but first we whip and dismiss them.....LOL

CfD (Virginia)
Posts: 265

Posted:

This thread illustrates perfectly why Architectural Committees should be compelled to meet and conduct all of their business openly.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By CfD on 10/16/2015 1:22 PM
This thread illustrates perfectly why Architectural Committees should be compelled to meet and conduct all of their business openly.

Yes and no.

My experience has been that even when meetings are open, only those who actually have business with the committee attend.

Holding open meetings and actually having the membership attend said meetings in order to make sure business is being conducted properly, are two different things.

I doubt it would have made any difference if the meetings were open or not. The Committee from the original post would have likely still did what they did.

ShaneJ3 (California)
Posts: 21

Posted:

I am having the same problem with our HOA's Design Review Committee approving residents' requests to modify window and door styles on our mixed use building. The building is starting to look real odd with all the mismatched doors and windows fronting our major street. I contacted the DRC when I noticed the first modification was made thinking a homeowners secretly removed their cream colored french doors to add a white slider and they told me that they indeed approved the request. Now another unit has done the same and also changed their window styles as well. What are my options so this stops getting approved?

MarkM31 (Washington)
Posts: 351

Posted:

Quote:

Posted By ShaneJ3 on 10/17/2015 1:19 PM
What are my options so this stops getting approved?

Have your voice heard at the meetings, or better yet get on the board or committee.

Or continue to anonymously gripe here on this forum.

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