JimD17 (South Carolina)
Posts: 15
Posts: 15
Posted:
1) Can board of directors also act as the architectural review board 2)How do ARB guidelines work with covenant rules
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Architctural Review Board
Started by JimD17 • 6 replies • 1317 views
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JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By JimD17 on 08/25/2017 12:44 PM
1) Can board of directors also act as the architectural review board 2)How do ARB guidelines work with covenant rules
1) Can board of directors also act as the architectural review board 2)How do ARB guidelines work with covenant rules
2. Yes the BOD can act as the ARB as it does in my HOA.
2. Not sure what you are asking. One function of the ARB is to enforce Covenants guidelines. ARB Guidelines cannot usurp the Covenants. Typically ARB's will also notify owners of a Covenant Violation. Typically anything to be done to the property or the exterior of the home/unit (fences, sheds, paint color, tree planting/removal, etc. must be approved by the ARB. If a separate ARB and BOD, an owner can appeal an ARB decision to the BOD.
We are having a go around in my HOA about a basketball hoop. Our Covenants say they are not allowed unless approved by the ARB. Some owners are upset the ARB approved one and they are claiming the Covenants say no basketball hoops. They fail to accept/read the "unless approved by the ARB" part.
I drew their attention to a Section of the Covenants in the same Article that says no clothes lines and does not have the caveat "unless approved by the ARB". In this case the ARB could not approve a clothes line.
JimD17 (South Carolina)
Posts: 15
Posts: 15
Posted:
Our association is thinking of establishing an ARB and have the board act as the review board. I understand the ARB guidelines can not override the covenants restrictions. We are just wanting to clarify some of the covenants which seem to be very broad restrictions
TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Quote:
Posted By JimD17 on 08/25/2017 12:44 PM
1) Can board of directors also act as the architectural review board
1) Can board of directors also act as the architectural review board
Yes.
Our covenants actually specify that if a committee doesn't exist, then the Board acts as the ARB.
However, I think it's best to have a separate committee. This then allows a path for members to appeal the committees decision to the Board.
Quote:
Posted By JimD17 on 08/25/2017 12:44 PM
2)How do ARB guidelines work with covenant rules
2)How do ARB guidelines work with covenant rules
Keep in mind that guidelines are just that, guidelines.
They establish a basis for the approving authority to make it's decision.
Our model is:
1) Does request comply with existing covenants? Yes, go to #2 No, disapprove
2) Does request comply with existing guidelines? Yes, go to #3 No, disapprove
3) Is there past precedence for approval? Yes, go to #4 No, go to #4
4) Is there past precedence for disapproval? Yes, disapprove No, Go to #5
5) Does design meet colonial style (our development)? Yes, approve No, disapprove
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By TimB4 on 08/25/2017 1:44 PM
Our covenants actually specify that if a committee doesn't exist, then the Board acts as the ARB.
Our covenants actually specify that if a committee doesn't exist, then the Board acts as the ARB.
Exact same here.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By GenoS on 08/25/2017 9:27 PM
Posted By TimB4 on 08/25/2017 1:44 PM
Our covenants actually specify that if a committee doesn't exist, then the Board acts as the ARB.
Our covenants actually specify that if a committee doesn't exist, then the Board acts as the ARB.
Exact same here.
Ditto ... Also the OP needs to keep in mind even if the Board appoints others to the ACC .... the Board still has the ultimate authority and legal responsibility to oversee. If the ACC is not overseen and anything happens the Board is the entity who will have to deal with the problem.
GenoS (Florida)
Posts: 4,276
Posts: 4,276
Posted:
Quote:
Posted By JanetB2 on 08/25/2017 9:48 PM
Ditto ... Also the OP needs to keep in mind even if the Board appoints others to the ACC .... the Board still has the ultimate authority and legal responsibility to oversee. If the ACC is not overseen and anything happens the Board is the entity who will have to deal with the problem.
Ditto ... Also the OP needs to keep in mind even if the Board appoints others to the ACC .... the Board still has the ultimate authority and legal responsibility to oversee. If the ACC is not overseen and anything happens the Board is the entity who will have to deal with the problem.
Agree 100%. My own HOA's CCRs contain a section about architectural control and the authority to approve or reject requested changes. At the end of that section it says...
Quote:
XYZ HOA CCRs
In implementing said architectural control, the Association’s Board of Directors may delegate this responsibility to a committee; however, the final authority for control rests with the Board of Directors of the Association.
In implementing said architectural control, the Association’s Board of Directors may delegate this responsibility to a committee; however, the final authority for control rests with the Board of Directors of the Association.
I worry from time to time that our documets are too vague in some areas. This is not one of them.
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