Architectural Committee - Maryland

Started by KarenH19 • 11 replies • 1050 views

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

⚡ Takes 30 seconds

Already a member? Log in

KarenH19 (Maryland)
Posts: 26

Posted:

Is there anyone on this site that lives in a HOA in the state of Maryland, and
1) On the Architectural Committee and/or on the Board, and
2) The Architectural Committee do not make decision instead they make recommendations to the Board or makes the final decisions, and
3) The Architectural Committee has Open Meetings that are open to the members.
Thanks

KerryL1 (California)
Posts: 14,550

Posted:

Right now we have one good person from MD, CJC, on this forum but s/he doesn't always participate. Still, HOAs usually are incorporated and some aspects of corporation laws & codes are the same or similar in other states.

What's probably the same: board appoint committees, the chairs & the members. Boards can terminate members, the committees or the chair. Boards can tell the committees what they're expected to do. For architectural committees, often called ARCs, the board most likely will till them to make sure the Architectural guidelines in their governing documents and ARC guidelines are followed. Boards often give committees a charter--a board-approved description of the duties of the committees.

In our condo building, the ARC, which is required by our CC&Rs (aka covenants, declaration, restrictions) does make final decisions. Occasionally, the ARC will put an aspect on the board's meeting agenda because it's very unusual or might threaten the structural integrity of our building.

Our ARC meetings are not open as most discussions & decisions happen online. I also think that in CA, the drawings, etc. of the propose ARC changes are documents that Owners may inspect.

Again as with your other post, Karen, more details will help. What is it you're trying to learn?

KerryL1 (California)
Posts: 14,550

Posted:

Sorry, I believe that Owners may NOT inspect ARC materials, e.g., drawings, requests for ARC changes, etc.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Karen,

I am in Northern VA and have served on our Architectural Committee and on our Board.

How the Committee works (actually approving or simply making recommendations) would be determined by your governing documents.
For us, the Committee actually makes the decision which can be appealed to the Board.

Regarding open meetings, MD Maryland Homeowners Association Act, specifically § 11B-111, limits what meetings of the Board can be closed and specifies committee meetings are to be open to the membership.

If you are in a condominium Association, see the Maryland Condominium Act.

Hope this helps,

Tim

CjC
Posts: 210

Posted:

Our committee has an open meeting right before board meetings monthly. Anyone can attend but it is rare that anyone other than those with business before the committee attend.

The committee usually does site visits to anything needing approval and comes to the meeting ready to discuss the proposal. The committee makes the decision and then reports to the board the number of applicants and whether they were approved or not. Homeowners names are not mentioned at Board meetings, but if you took the time to go to ARC meetings you would know. The Board likes to know this data after a really horrible debacle a year ago when something was approved by ARC and should not have been. Cost HOA $$$$ to get it corrected.

The Homeowner has the right to appeal to the board if they believe that they were not approved properly. It rarely happens, but the Homeowner has a right to.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I say Committees serve at the pleasure of the BOD and all decisions are pending BOD approval. BOD's are elected to run the association, not committees.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

John,

While that seems reasonable, not all states or all CCRs say that.

KerryL1 (California)
Posts: 14,550

Posted:

You're right, George.

PaaN
Posts: 219

Posted:

Quote:

Posted By JohnC46 on 09/10/2018 6:49 AM
I say Committees serve at the pleasure of the BOD and all decisions are pending BOD approval. BOD's are elected to run the association, not committees.

Unless the CCRs specify the duties of the ACC including appealing to the BOD.

My HOA's CCRs wording:

Section I. Function. The Architectural Committee is to preserve and maintain the aesthetic
value of the Community in accordance with these Restrictions and Protective Covenants. No
construction or alteration of any structure, building, wall, walkway, patio, deck, bulkhead, fence
or improvements of any nature shall be erected, placed or altered on any Lot until the
construction plans and specifications, including a location plan, have been submitted to and
approved by the Architectural Committee. This includes external house painting but excludes
landscaping .

Section 4. ~ Any Owner may appeal the decision of the Architectural Committee
provided that all parties involved comply with the decision of the Architectural Committee until
such time, if any, as the Board of Directors amends or reverses the Architectural Committee's
decision. Appeals petitions must be legibly written, state the grounds for appeal, and be
submitted to the Board of Directors within fifteen (15) days of the Architectural Committee's
decision. The Board of Directors shall act upon the appeal by amending, reversing or confirming
the decision of the Architectural Committee within fifteen (15) days of receipt of the petition.
Any owner must exhaust this avenue of appeal prior to resorting to a court of law or equity for
relief.

ONCE AGAIN IT IS THE ACTUAL COVENANTS AND RESTRICTIONS, not opinion, which actually matters.

KerryL1 (California)
Posts: 14,550

Posted:

PaaN's Sec. 4 is a lot like ours and, in CA, how owners can appeal ARC decisions must be in an annual statement we send out.
An ARC is required in my CC&R

With our other committees, the board approved s the formation of them and an ad hoc committees it might want. Right now, for instance, we have an ad nov committee that's exploring how to get Electric vehicle chargers for our underground garage. They wrote their own chafer, whciht he board approve along with their requested chair an the 5 members.

KarenH19 (Maryland)
Posts: 26

Posted:

In our association the arc only makes recommendations tto the board and than the board makes the final decision. Also the community does not have to approve. I am still struggling with the open meeting requirement. It makes no sense that the arc meeting is open and than the board has to have a open meeting to discuss improvement applications.

TimB4 (Tennessee)
Posts: 21,059

Posted:

The committee has to have open meetings because it's required by statute.
The Board has to have open meetings because it's required by statute.

Those submitting applications are submitting for Association approval, not membership approval. The Association is ran by the elected Board or appoint members to committees to assist them in that running.

Why your committee recommends vs. approval/disapproval would be in your governing documents or past meeting minutes.

🎯 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

Terms of Use and Privacy Statement