ARC Meeting Notifications

Lori - I recently looked into this concerning my own ARC committe. I found this recent information
posted by an attorney.
Editor’s note: Attorneys at Goede, Adamczyk, DeBoest & Cross respond to questions about Florida community association law. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law.
Q: The architectural review committee (ARC) in our community exercises a lot of power. When I asked to attend some of the committee meetings, I was told that the committee meets at a residence and the committee never tells management of the meetings, only the outcome of the decisions. How is this transparent? H.R., Naples
A: The committee is likely acting inconsistent with the statute. Pursuant to the statutes governing homeowners’ associations, an ARC is required to meet with the same notice and openness formalities as a regular board meeting. Specifically, Florida Statutes Section 720.303 reads, "the provisions of this subsection (related to open board meetings) shall also apply to the meetings of any committee or other similar body . . . vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.”
This means that the ARC must post a notice at least 48 hours prior to the meeting with the date, time and location of the committee meeting and that the membership must be permitted to attend the meetings. It is important to note that some ARCs do not actually approve or disapprove and only make recommendations to the board, so the answer also depends on the scope of authority of the committee.