Arc member being strong armed.

Started by TimN4 • 9 replies • 469 views

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TimN4 (California)
Posts: 2

Posted:

We have a situation where arc request was submitted for coloil r change. Committee consisting of 3 voted 2 to 1 and deneid color chang last week.

Now another ARC member is trying to pressure one of the two into trying and change their vote and approve a color that's not on approved list of color.

Once a committe votes can one change their vote week or more later ?

Is this reasonible and should it be allowed ?

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By TimN4 on 09/03/2020 5:43 PM
Now another ARC member is trying to pressure one of the two into trying and change their vote and approve a color that's not on approved list of color.

If the ARC violates the HOA's guidelines for color, I advise the board to step in and (1) inform the ARC that it will hold the HOA out to liability if it proceeds with approval of a color not on the approved list; and (2) if the ARC insists on going with a color not on the approved list, immediately replace the ARC members voting to violate the approved color list. Explain to the ARC that the Board has a legal duty to enforce the governing documents; ensure compliance with the association's own guidelines; et cetera.

SheliaH (Indiana)
Posts: 6,964

Posted:

And if this committee member insists on trying to go around the rules, he/she should be replaced - usually committee members serve at the pleasure of the Board.

If you're on this committee and this person is trying to pressure you, you need to put a steel rod in your spine. Tell the member the vote was taken and the color isn't on the approved list, so if he/she feels it should be added, make the request to the board as an adult.

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

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The board overrides the ARC everytime. So ultimately, if the house is painted the wrong color, the board can step in.

Former HOA President

TimN4 (California)
Posts: 2

Posted:

Unf. one of the committee members is the Current New President. (He prev. held position of Vice Pres.
(and had reciently approved a different house a totally different color pallate that really stands out from the other houses).

SheliaH (Indiana)
Posts: 6,964

Posted:

All the more reason to bring this person under control - this is how rouge board members (especially officers, and presidents in particular) get started. The next step is up to the rest of the board.

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

MichaelS56 (Minnesota)
Posts: 859

Posted:

Our Association has the ARC as a review committee and therefore does not have the final say. Theya re volunteers who have not been voted into office therefore we believe they should not be the final say.

MarshallT (New York)
Posts: 414

Posted:

Hi,

This is a situation where I would get the board involved. The committee is supposed to serve the board, but they generally don't have the authority to approve requests that go against architectural guidelines.

I hope you can get this situation resolved soon.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our attorney advised us not to have an ARC. Our BOD decides any ARC requests.

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