Board vs ACC

Can the Board overturn an ACC ruling? We have some homes that are not going through the ACC process for replacing of roofs which is needed. Because of this the Management has sent letters out to the homes. A few of them wrote into the ACC writing up the proper paperwork for the roof being replaced along with the color change yet it still needs to be voted by the committee. I feel 2/3 of the members are just signing off on stuff because one roof color is unlike any in the neighborhood. My fear is that others will be able to fight to have an off color roof reducing the homes values in our community because of this.

I agree with Barbara and will add that under most governing docs once an owner gets a approval that's considered legally binding on the association and if they subsequently attempted to rescind it would probably not end up well if it goes to court.

But if the homeowners have already acted in good faith because they recieved ACC approval, overturning that decision could result in monetary damages to the homeowners.

I’m with Barbara – ultimately the Board is responsible for overseeing the association’s affairs and running it according to what’s written in the Bylaws and CCRs, so it should have final say and be able to overrule an advisory committee, unless the governing documents say otherwise.

The Board should have a charter for all committees, spelling out what they can and cannot do and perhaps the requirements the board will consider when appointing or removing committee members (I prefer people be removed for cause as opposed to “the sky is blue today – let’s get rid of Sue on the ACC because we can!)

It’s ok for some work to be referred to the committee, such as doing an initial review of an exterior request, but it may be best for the committee to issue a recommendation to the board (with an explanation if the recommendation is to deny). The board can then handle any appeals.

You really have to look at your governing documents. You should also look at the language in any ACC Rules and Regs you have published. Some will state that if the ACC grants a variance from those rules and regs, the variance is not binding on any other requests.

However, as the board appoints the ACC, it seems pretty clear that the board can also overrule any ACC decision that does not conform to the published guidelines. The board should be giving guidance to the ACC.

Our Attorney advised us to name the BOD as the ACC thus eliminating any confusion.

If the board wants a say, this is probably the best course of action. A snippet of my association CCRs below suggests that an approval by the ARC is final, and I would certainly expect that anyone who commenced work in good faith after the approval would have a strong legal case if the board tried to subsequently rescind.

5. PROCEDURE BEFORE THE ARC. Prior to the commencement of any
work on the premises contemplated for improvement, an applicant
must submit to the ARC two complete sets of plans and
specifications for any improvement or structure of any kind,
together with such fully executed application form and fees as may
then be required by the ARC and such additional information as
required by this Declaration. No later than fifteen (15) business
days after receipt of said plans and specifications, the ARC shall
respond to the application in writing by approving said
application, or disapproving said application. In the event the
ARC fails to respond within the fifteen (15) day period, the plans
and specifications shall be deemed approved. In the event of
disapproval of plans and/or specifications as submitted, no work
or construction shall be commenced in furtherance of the proposed
improvement, the initial address of the ARC shall be: xxx