HOA Board or ARC duties

Our HOA at its last meeting was informed of a roaming cat issue. Th board referred this issue to the architectural Committee for Action.

The ARC sent a letter to the resident that owns the cats. The body of the letter simply stated the Article of our governing documents "no animal, livestock, or poultry of any kind shall be raised, bred, or kept on any lot or on the Common Areas. However, dogs, cats and other indoor household pets may be kept on the lots subject to such rules and regulations as may be adopted by the Association, so long as they are not kept, bred, or maintained for commercial purposes or housed outdoors".

The letter ended with the following statement: "The neighborhood appreciates your compliance with regard to your cats".

The closing of the letter was simply "Thank you, the Architectural Committee".

In another action item of the Architectural Board the same evening, the board chairman was noted as saying in regards to an unsightly mold/mildew home that "I will personally contact the homeowner to discuss this issue".

My questions are as follow:

1) What board should have dealt with this issue?

2) Why wasn't the owner spoken to directly first, as others with issues within the community were given that opportunity?

It should be noted that we are in Florida. There is a HOA board of 5 elected members. Three of these elected members also sit on the Architectural Committee.

Are there any legal issues with this set up.?

There is so much more..Elections are coming up and a few of us are hoping we can right this ship.

Comments are greatly appreciated!

JimH29

Roaming cats are an Animal Control issue not HOA or ARC. Have no idea why the ARC would be involved unless there is cat cage type issues. Example: We have a city that cats are not allowed outside unless leashed or caged. Those cages may cause a type of "eye sore" issue the ARC may need to address. Like you don't want a huge "Chicken wire" mess of a cage prominent outside. It may need to be something a bit more appropriate.

Otherwise, it's all animal control as far as I can see.

ARC guidelines strictly detail any changes to the outside of homes. One board member believes that because of the wording
"have the right and power to promulgate, publish and enforce rules and regulations and guidelines...". The board member has conveniently excluded what follows in this sentence: "(including with respect to landscape materials, construction standards and colors and materials)."

An ARC is not responsible for issues outside Architectural Control Issues. They are not responsible for parking, pets, late dues, etc. etc.

Sounds like some BOD's have to grow a "set" versus pass things off.

Quite possibly. With a 5 member board, assuming 3 is quorum, is your board aware that 3 of the members of the board meeting to conduct HOA business turns every such meeting into an HOA board meeting? i.e. are the ACB meetings properly noticed (as is required for board meetings), open to the members, with minutes kept?

See FS 720.303(2)(a)

Good point, Art. The law is the same in CA.

Maybe this cite from the OP clarifies things: "In another action item of the Architectural Board the same evening, the board chairman was noted as saying in regards to an unsightly mold/mildew home that 'I will personally contact the homeowner to discuss this issue.'"

This makes it sound like the ARC & the Board meet simultaneously or maybe back to back? Is that correct JimH? If so, and IF the meeting adheres to any other FL statutes re: possible notice requirements, etc., perhaps it's OK.

Then it sounds like, JimH, that the ARC, which comprises a quorum of the Board, is not proceeding legally. Art cited 720 and I know there's also a 718 in FL, but since you won't say if you're a condo HOA or a detached home one, He can't know if 720 applies to your HOA.

Is there a reason you're not replying to my questions, JimH?

At present I am only the lawn committee. I was an HOA president in another 50 single family development and an active participant in a 566 single family development run by an management company.

I plan on running for the board in January and have been asking a lot of questions.

The covenants state that the owner is responsible for maintaining their homes in good condition. Ironically there are other homes that need some love and attention and they are overlooked by the current board.

My HOA's Declaration (CC&Rs) speaks of an "Architectural Control Board" and puts it at the top of everything having to do with architecture and landscaping. We have a lot of common property. What's more, our Articles of Incorporation contain the HOA's indemnification clause which indemnifies directors, officers, employees, agents and "members of the Architectural Control Board". Rather than fix that language - most HOAs indemnify committee members generically - we have structured most of our committees so that they are all, technically, under the ACB. It gets to be very clumsy.

What usually happens when there's a controversy is that the board, as a whole, doesn't want to make a tough decision so they will kick it down to the committees. Then the architecture committee proper will pass the buck to the landscape committee which contends it's not a landscape issue and try to pass it back to architecture. It's a perfect recipe for inaction.

Committees do not have an 'official' charter but rather a list of responsibilities and duties.

The purpose pf recently appointing two new BOD's to the AR committee was due to the fact no minutes were being kept and decisions were being made by the committee that the board disagreed with. By the way there are at least two other members of the community that had volunteered to join the AR committee prior to the HOA board appointing two members of its own board to membership along with the President of the HOA board who was already a member of the ARC.