HOA does not have any "acc" members signed for the state.

Started by NoahA • 10 replies • 760 views

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NoahA (Florida)
Posts: 212

Posted:

On Sunbiz the Civic Association lists all the "members of the hoa board'

But lists none of the 3 that are on the Architectural Control Committee.

Why is this. I asked one of the members if they ever signed any paperwork , or filled out anything with the state to be on the Architectural committee she said never.

So if their not part of the home owners association, how can they have any powers to enforce any of the rules?

I don't understand the role how the ACC can perform duties at all, i.e. go on peoples property when not a single legal document seems to list them as any active officer or anything?

KerryL1 (California)
Posts: 14,550

Posted:

I doubt any ACC members anywhere are listed with the "state" unless they're simultaneously members of the board.

They're permitted to do whatever your CC&Rs say they can do and perhaps what your HOA's ARC Guidelines say. They may even have a board-approved charter that spells out their duties.

AugustinD
Posts: 5,144

Posted:

In another thread you posted the CC&Rs for "Nearly Broken Subdivision." Section 16.01 describes the Architectural Control Committee. The CC&Rs are very much a legal document. I doubt state law requires the names of the ACC members to be registered with the state.

NoahA (Florida)
Posts: 212

Posted:

I was trying to find out the hows about it, and you guys came thru again thanks.

I just did not want to join, I was asked today if I wanted to as the guy that stepped off it was scared of law suits.

Is their any more or less liability being on the ACC part for the HOA or its all the same ?

DouglasK1 (Florida)
Posts: 2,046

Posted:

When you register a corporation in Florida with sunbiz, you are asked to provide names and addresses for all directors and officers. ACC members who are not directors or officers would not be listed. There is no place on the registration form for ACC members, gardening committee members, etc.

The authority of the ACC does not derive from the state division of corporations (sunbiz), it is defined by the governing documents (CCRs, bylaws, etc.). If your governing documents provide for an ACC to be appointed by the board, and gives that ACC certain rights, duties, or responsibilities, that is totally independent of being listed as an officer or directory with the state.

It seems to me that you are grasping at straws.

Escaped former treasurer and director of a self managed association.

NoahA (Florida)
Posts: 212

Posted:

I was not asking that in terms of me suing the board.

I was just asking that if there were either side more risky for MYSELF . I would rather not be on a board that has TONS to be ironed out as I would not want to get on a bad board to try to help it get better and have someone sue the board, of which I would be trying to comply with the law.

I was thinking if the ACC was a safer position for me to be in, that way the board would have more pro-active members that would ba good idea. but honeslty I don't think anyone would sue anyway.

The most I understand that I could do would be to report to the HOA board what house number and what violation, and then it would be for the HOA board to mail out a letter to say you have 20 days .......

I don't think there is much worry about getting a lawsuit out of that , just as long as what your reporting is factually accurate.

CarolF (Florida)
Posts: 435

Posted:

Noah - I would suggest you ask if your HOA has D & O (Directors & Officers)liability insurance, which would
apply to the Board,not the ACC. If not, why not?
Also, become familiar with FL Statute 720 for Home Owners Associations. There are sections that deal with
Architectural matters, as well as important information that any Board member should know.

CarolF (Florida)
Posts: 435

Posted:

I didn't mean that the ACC members should be on the D & O policy. I just
reread my reply and thought perhaps that was not clear.
I meant that your HOA should have D & O insurance for the officers and
directors, and if you don't, you should ask why.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The board can overturn any ACC rulings/decisions ultimately. So you won't have anything "Over" the board. They always have final say...

Former HOA President

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MelissaP1 on 05/21/2018 3:38 PM
The board can overturn any ACC rulings/decisions ultimately. So you won't have anything "Over" the board. They always have final say...

Actually, that will depend on the language within the governing documents.

For example: My governing documents give interpretation rights (what is a work vehicle for example) to the ACC and not to the Board.

NoahA (Florida)
Posts: 212

Posted:

The why not part is the Dues for the year is 5 dollars per lot

The lots are 195

The DUES total if everyone pays is 975.00 dollars a YEAR

so yea dont laugh to hard but thats what it is.

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