ARC being dissolved from HOA by community vote?

Started by HowardB3 • 13 replies • 652 views

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HowardB3 (Nevada)
Posts: 6

Posted:

Three members of our 104 HOA community are gathering signatures to eliminate the ARC process from our HOA, with the HOA structure remaining intact and continuing on with the CC&R's and paying the required dues. Is it possible to have one without the other?

AugustinD
Posts: 5,144

Posted:

If the CC&Rs do not prohibit removing the ARC sections, then I see no technical problem with it. The membership would have to formally amend the CC&Rs (a.k.a. "Declaration") to remove the ARC (and possibly related) sections. Using a HOA attorney is best for properly completing an amendment. Practically speaking, I think the effect of removing the ARC sections would be that the appearance of the homes in the HOA will tend to worsen.

BenA2 (Texas)
Posts: 1,273

Posted:

I think it would be unusual but possible. The question is who would take over their responsibilities. With a small HOA, the board could take it over.

My question would be, what is the purpose? If they don't want the restrictions enforced, they should try to change the CC&Rs to eliminate the restrictions they don't like.

DouglasK1 (Florida)
Posts: 2,046

Posted:

To build on what Augustin said, a member petition alone would not typically have any legal bearing. The CCRs (or Covenants, Deed Restrictions, etc.) would need to amended following the procedure defined within.

Escaped former treasurer and director of a self managed association.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Our rules state that if there is no one on the ARC then the Board acts as the ARC board. So the final decisions are up to the HOA board. Which is the way anyway for if a ARC did exist. So don't see the need to eliminate a ARC unless your talking about their specific documents.

Former HOA President

JohnC46 (South Carolina)
Posts: 14,265

Posted:

We do not have an ARC based on advice from our attorney, the BOD acts as the ARC. Ultimately the BOD "protects/enforces" the Covenants, not a committee.

HowardB3 (Nevada)
Posts: 6

Posted:

Thank you for your response.

SheliaH (Indiana)
Posts: 6,964

Posted:

The CCRs would continue, it's just that people would be able to put whatever they want on their property without a Board saying they can or cant. The problem is people don't read and/or have that "this is MY house damming and won't no g**d****** board gonna tell me what I can and can't do!"

So what happens when there's no board to try and regulate the process? Homeowners can enforce the CCRs against each other and if the neighbor tells you to kick rocks, you'll have to duke it out in court. That will be fine consuming and some people might not be able to afford it and then what?

Your neighbors might have a petition voing, but that does mean the ARC process will be dumped. They still have to convince enough people to vote for a change in the CCRs that addresses this. You don't say if you're on the board, but whether you are or not, I'd suggest a special homeowners meeting to discuss the matter, so people can hear about the pros and cons.

This may be a matter of people trying to use a neutron bomb to take out an anthill. Maybe what's needed are design standards that allow for some flexibility of the ARC process needs some tweaking. That might be fixed with a few board resolutions instead of amending the documents.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

HowardB3 (Nevada)
Posts: 6

Posted:

Thank you to everyone for your responses!

GeorgeS21 (Florida)
Posts: 3,808

Posted:

CCRs would have to be amended.

Eliminating the ARCh process? Bad idea, very bad idea.

KerryL1 (California)
Posts: 14,550

Posted:

DO your CC&Rs require an ARC, Howard? (Ours do.) If so, as others have noted there's have tone a vote by whiners to amend the CC&Rs.

Is it the case that these three owners want no architectural guidelines at all?

Is you HOA detached homes?

HowardB3 (Nevada)
Posts: 6

Posted:

Thank you again to all who replied! Your feedback got me looking in the right areas to negate the effort of those trying to remove the ARC in our HOA. What a great site!!

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