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KristelL (California)
Posts: 21
Posted:
the architectural committee recently changed the windows replacement guidelines and they make no sense.
the old windows in the building are aluminium windows, but some homeowners have replace theirs for white vinyl windows. Most replacements were done in the past 4-5 years
Two months ago the architectural committee changed the guidelines to black vinyl windows.

I have couple questions about that:
1- Can the committee make such decision that doesn't respect the CCRs ("...construction will not detract the beauty, wholesomeness and attractiveness...")?
2- Should it informs all homeowners about these changes? I was made aware of them, only because I'm trying to replace my windows
3- Should that decision be made during a meeting with all homeowners?
4- How can I dispute that decision? I requested a hearing, but the board keep rejecting my request.
KerryL1 (California)
Posts: 14,550
Posted:
Please tell us what your CC&Rs say about the powers of the Architectural Committee. If th refer to some sort of architectural guilds, what do those say about the Committee's power.

It seems to me that such a huge decision should be made by the Board. And, if they're use, they'd survey owners first, which is quick & easy nowadays.

Have you also asked your questions of the Board at an open board meeting during the required open forum?

What do your governing documents say about requesting a hearing with the Board? What steps do you need to take?
KristelL (California)
Posts: 21
Posted:
Thanks for your answer
Here is what the CCR says about the architectural committee (sorry it's a bit long):

ARCHITECTURAL REVIEW COMMITTEE
Section 9.01. Members of Committee. The Architectural Review Committee, sometimes referred to in these By-Laws as the "Architectural Committee or the Committee", shall consist of at least three (3) persons. The initial members of the Committee shall consist of representatives of the Sponsor Subject to the following provisions, the Sponsor shall have the right and power at all times to appoint or remove a majority of the members of the Architectural Committee or to till any vacancy of such majority until the "turnover date which shall be the date on which either (1) Close of Escrow has occurred For the transfer or issuance. pursuant to a Final Subdivision Public Report, of Certificates to which seventy-five percent (758) of the Units in the Project have been allocated, or (2) Five years following the date of issuance of the Final Subdivision Public Report for the Project, whichever occurs earlier. Commencing one (1) year Erom the data of Close of Escrow tor the transfer or issuance of a Certificate to a purchaser pursuant to a Final Subdivision Public Report, the Board shall have the power to appoint one (1) Member to the Architectural Committee, until the turnover date, Thereafter, the Board shall have the power to appoint and remove all of the members of the Architectural Committee. members appointed to the Committee by the Board shall be Erom the Membership of the Association, but Persons appointed to the Architectural Committee by the Sponser need not be Members of the Association. The Committee may designate and appoint representative who is a licensed architect and a majority of the members of said Committee may, from time to time, remove or ceplace such representative. The designatedrepresentative of the Committee may be, but need not be, a member of the Committee or a Member of the Association.

Section 9.02. Review oF Plans and Specifications, The Committee shall consider and act upon any and all plans and specific ions submitted for its approval pursuant to these By-Laws and perform such other duties as from time to time shall be assigned to it by the Board, including the inspec tion of construction in progress to assure its conformance with plans approved by the Committee. Ho construction, alteration, addition, modification, decoration, decoration of reconstruction of an Improvement in the Project shall be commenced or maintained until the plans and specifications therefore showing the nature, kind, shape, height, width, elevation, color, materials and location of the same shall have been submitted to the Committee and approved in writing by the Committee. The Owner shall obtain a written receipt Eor the plans and specifications from an authorized agent the Committee. The Committee shall approve proposals or plans and specifications submitted for its approval only if it seems thaT the construction alterations Committee may postpone review of any plan submitted for approval. Decisions of the Committee and the reasons therefore shall be transmitted by the Committee to the applicant at the address set forth in the application to approval, within thirty (30) days after receipt by the Committee of all materials required by the Committee. Any application submitted pursuant to this Section 9.02 shall be deemed approval, unless weinstein disapproval or a request for additional information of materials by the Committee shall have been transmitted to the applicant within thirty (30) days after the date of the receipt given by the committee for all required materials.

The HOA is small, the same four persons are in the board and the architectural committee (only two live in the building)

There has not been any meeting since the annual meeting last November...

There is nothing in the governing documents about request for hearing or internal dispute resolution.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Black windows are an old-fashioned style that is enjoying something of a resurgence lately. As far as I can tell, there is no difference in maintainability, it's just a matter of taste.

If I were on a board/architectural committee, I would want a more compelling reason to approve something other than taste or trendiness. It will be noticeable if both kinds of windows are installed (particularly in a condo community where you see lots of windows close together). If the goal is the make the community look more modern or fresher, there are other, less disruptive ways to do it.

I would ask:

* What is the purpose of the black windows?
* Are white windows no longer allowed?
* Will the board require everyone to replace their windows to comply with the new fashion? (Unlikely unless they want a community revolt on their hands.)

I don't know how much you can fight this if they dig in their heels, though. Personally, I hate black windows, I think they look old-fashioned no matter how much hype they're getting right now, and if I had to buy black windows, I'd probably move instead. :-) We don't know who will turn out to be right: the ones who claim the look is "classic" or those who say it's a trend that will look dated in a few years. (And don't get me started on gray interior paint.)
KristelL (California)
Posts: 21
Posted:
I'm still waiting for the board to grant me a hearing to ask these questions (and many more)

I talked to the management company who doesn't understand neither this change. Especially when some windows have been replaced in the building and they are all white. according to the MG, the white ones already installed don't have to be changed.

I don't mind black windows but because some windows have been changed in the building it will look odd and ugly to have black windows next to white ones.

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