Can the ARB do things behind the Boards back

Started by MaritzaP • 7 replies • 1019 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

MaritzaP (Florida)
Posts: 11

Posted:

I am in Florida. I am in an HOA community. The Board appointed 3 ARB members. We have many homes with cracked driveways. A few years ago the Board gave members an option to have driveway pavers. Now the ARB wants to give owners the opportunity to have stamped concreted driveways. Which is a lot more money than driveway pavers. The Board is just finding this out because a member brought it to their attention. Can they stop the ARB from doing this.

DouglasK1 (Florida)
Posts: 2,046

Posted:

Assuming you are like most associations where the board appoints the ARB, sure, the board could just replace the members with ones who agree with the board.

Escaped former treasurer and director of a self managed association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The board trumps the ARB. So the board has final say.

Former HOA President

JanetB2 (Colorado)
Posts: 4,219

Posted:

The buck stops with the Board of Directors. They have the ultimate control and responsibility ... They are the entity who is supposed to insure the HOA follows your governing documents and the ACC (ARB?) is supposed to run items past them for final approval because if anything hits the fan it is their tails on the line.

GenoS (Florida)
Posts: 4,276

Posted:

My HOA's Declaration says the board may delegate responsibility for the Architectural Control to a committee, however, "the final authority rests with the Board of Directors". Chapter 720 of the Florida Statutes (FS 720) governs HOAs in Florida and FS 720.303(1) says, "The officers and directors of an association have a fiduciary relationship to the members who are served by the association." The directors have a fiduciary duty, not anyone else, including committees or ARBs or anyone else. If the board isn't aware of what your ARB is doing then there's a good chance it's time for a new board; one where the directors understand their fiduciary duty and isn't so quick to let the committees run rogue doing whatever they feel like doing.

KerryL1 (California)
Posts: 14,550

Posted:

With others, yes, the Board has authority over the ARB Committee. If the ARB tries to go behind the Board's back, the board certainly can disband the ARB and choose new members or, depending on what your documents say, take over the ARB function.

But, Maritza, are you saying Owners would be forced to install stamped driveways versus, say, pavers?

DouglasM6 (Arizona)
Posts: 724

Posted:

Stamped is just an option? Not sure I understand the problem if it's not being forced on you.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Shoot the ARB.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here