Fence choices

Started by RR3 • 3 replies • 1254 views

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RR3 (Texas)
Posts: 40

Posted:

Our CCR's do not clearly state a color preference for type of fence. We want to update the rules/regulations to state only black fences are allowed going forward. Only Black metal, pvc fences will be allowed. This should be ok, correct?

Another question, can the ARC update the rules/regulations or do they need board approval? I figured the ARC is doing the work so they should update and finalize the rules/regs as it pertains to these items. It doesn't state anywhere in CCR's or bylaws that they need board approval. Please advise.

SheliaH (Indiana)
Posts: 6,964

Posted:

The ARC, like any committee assisting the board, shouldn't make the final decision - that belongs to the Board, because it oversees the operations of the Association, which includes rules enforcement (which also includes approving exterior changes to a home as required by the CCRs).

Remember, you also have Bylaws to consider - those dictate how the association is to be run whereas the CCRs usually address how the common areas are to be used. If the Bylaws say the Board has the authority to enforce the CCRs, you can't cede that authority to committees. Besides Board members are elected and committee members usually aren't (they either volunteer or are appointed by the Board).

Committees are helpful in reducing the Board's workload, as they can research specific topics in more detail and then issue reports or recommendations. In this case, it's ok for your committee to RECOMMEND the Board adopt a resolution stating black metal PVC fences are required, but the committee's decision doesn't override the Board. If your committee has done its due diligence, the Board shouldn't have an issue

CCRs don't always address each and every situation that the Association may face, nor should they. The Board should have some flexibility to establish policies and procedures - that's why they charter committees like your ARC to help with that.

As a practical matter, I hope your committee takes a poll of the community to see what it thinks about requiring black fences - it'll make your argument stronger when it recommends the fences should be black. Hopefully, the recommendation is based on things like cost (easier to maintain), continuity of design, etc. - things that are more objective than, say, "I think metal fences look cool" or some such.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

As Shelia pointed out, policy resolutions (which includes architectural guidelines) are approved at the Board level. They may not be in conflict with your other governing documents.

When my Association did a rewrite of the architectural guidelines we did the following:

1) Committee first identified all existing violations (to see what the trend was within the development)

2) Committee proposed revisions and new guidelines partially based on the findings above (why try to enforce something 80% of the members are violating).

The proposal listed the current guideline, the proposed guideline (or proposed changes) and the reason why.

3) Proposal was given to the Board for consideration.

4) The Board sought out (rightfully so in my opinion) members comments. Therefore, they published the proposal and held a special membership meeting to discuss the proposed changes.

5) The Board then amended the proposed guidelines and made any modifications they thought were required (based on committee comments, membership comments, legal review - done ourselves and past practices).

6) Board the approved guidelines as amended.

7) Board then published new guidelines to the membership (provided each member a printed copy in booklet form) along with a date the new guidelines would go into effect.

The process took over a year.
However, there was membership support for the changes because we included them in the process.

GwenG (Florida)
Posts: 669

Posted:

Committees are appointed by the Board and are subserviant to the board. They operate in an advisory capacity. I have never heard of any governing docs that permitted Committee--especially ARC committees--to change property use restrictions.

The board should be extremely careful not to impair homeowners's vested property rights in making architectural changes unrelated to updated building codes and health and safety. This is an area where legal advice is essential.

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