ARC approvals

Started by RaghuramA • 7 replies • 908 views

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RaghuramA (Texas)
Posts: 26

Posted:

I have a question regarding ARC approvals.

Few residents are complaining that why the management company is asking them to provide City approvals.

Do the resident has to take City approvals wherever needed (like Pool, 8 ft fence etc) and attach it to the ARC approval request ?
As a HOA board member, can we approve the request without asking for City approval with a condition that, approved subject to obtaining required approvals from City.

Thanks
Raghu

RichardP13 (California)
Posts: 3,868

Posted:

As a management company, I have standard ARC approval application that is provided for each HOA we manage that requires that the owners is hereby notified that the owner must on their own provide city approval and permit when called upon. It is not required to have them prior to approval, but available upon request. The forms are customized if a HOA has specific requirements.

This is really to protect the HOA for not informing the owners to check with the city on ANY project to inquire if permit might be needed and a future buyer when purchasing the property.

BarbaraT1 (Texas)
Posts: 821

Posted:

I recommend that my boards add "must obtain all necessary permits and comply with all applicable city or county ordinances" as a condition to any approval. Like Richard, they aren't required to produce the permit afterward, unless we ask.

In some cities, the cost of a permit is not insignificant and the owner might reasonably want to ensure HOA approval before spending that money.

The ARC's job is to see if the proposed modification complies with the standards set forth in the governing documents, period. City code is up to the city to enforce.

KerryL1 (California)
Posts: 14,550

Posted:

As with Richard and Barbara, our high rise HOA's CC&Rs state in the Architectural Article the same thing. Up to owners to get them if needed. As a Board, we occasionally will require an Owner get the proposed remodel project approved by a structural engineer.

A recent one-year project: a 2-story 2,800 SF completely gutted, underwent its final city inspection and the Owner had to tear out his new stall shower as it wasn't ADA compliant.

BenA2 (Texas)
Posts: 1,273

Posted:

I think it depends on your CC&Rs. If the CC&Rs do not require that owners submit proof of City approval, I don't think the ARC can assume the authority to require it.

There is no law in Texas, that I know of, that grants authority to ARC's, so the only authority they have comes from the CC&Rs, and Texas courts have been consistent in ruling in favor of owners when HOAs try to enforce something not explicitly in the CC&Rs.

I'm sure some here will disagree but I would consult with an attorney before trying to enforce anything not clearly in the CC&Rs.

DouglasM6 (Arizona)
Posts: 724

Posted:

We added language that says buildings and/or structures 'should' meet all county regulations. Simply because if we, as an HOA, start inspecting and requiring, then we also become responsible for the build. I'm not willing to go there.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By DouglasM6 on 05/02/2018 10:35 AM
We added language that says buildings and/or structures 'should' meet all county regulations. Simply because if we, as an HOA, start inspecting and requiring, then we also become responsible for the build. I'm not willing to go there.

This is the reason.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By RaghuramA on 05/01/2018 11:27 AM
I have a question regarding ARC approvals.

Few residents are complaining that why the management company is asking them to provide City approvals.

Do the resident has to take City approvals wherever needed (like Pool, 8 ft fence etc) and attach it to the ARC approval request ?
As a HOA board member, can we approve the request without asking for City approval with a condition that, approved subject to obtaining required approvals from City.

Thanks
Raghu

In most cities you need to obtain approval for construction type items such as those you noted (pool, fence, etc. and could add homes, home additions, sheds, etc.). So ... Why on earth would you as a BOD want to approve anything which DOES NOT already have REQUIRED city approval??? The fact that you require city approvals is a great CYA for the HOA. LOL ... any of your residents who are complaining ... the only reason for their complaint is because they do not want to have to obtain the City approval. Sounds like you and your HOA board just want to become lazy by not making sure the city approvals have been obtained.

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