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MichaelS56 (Minnesota)
Posts: 858
Posted:
The Board of Directors are elected by the association owners and the members of the Architecture Control committee are not elected to the committee but volunteer, so why are the members of the Architecture Control committee given the power of deciding what architecture requests get done? That is the job for the Board of Directors who are the elected officials of the association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Michael

I say the ARC works under the direction of the BOD and the BOD decisions are final. The BOD was elected to run the association, not the ARC. If the ARC objects, the BOD should fire them.

Out attorney advised our BOD that as the BOD had the final say, an ARC was not needed so do not appoint one. Overall I agree, but when the work load gets to big, an ARC could be used to lighten the load.
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MichaelS56 on 01/22/2021 12:27 PM
The Board of Directors are elected by the association owners and the members of the Architecture Control committee are not elected to the committee but volunteer,
The Board typically appoints the ACC members. If needed, the Board can remove ACC members.
Quote:
Posted By MichaelS56 on 01/22/2021 12:27 PM
so why are the members of the Architecture Control committee given the power of deciding what architecture requests get done?
Because for many HOAs, this is a covenant.

Since the Board can appoint and remove ACC members, competent HOA attorneys say that the board has the right to the final say.

I wonder if you understand what a covenant is.

To me the purpose of an ACC is to take some of the burden of running the HOA off the Board.
ArtB1 (Florida)
Posts: 97
Posted:
I am the chair of our ARC, and was appointed the board.

Our covenants technically only mention an ARC reviewer (singular). We chose to use a committee to spread the load. Covenants are so complex we wanted more than 1 set of eyes reviewing the applications.

If any resident takes exception to the ARC decision, they can appeal directly to the Board.

We do take the load off the board.

TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MichaelS56 on 01/22/2021 12:27 PM
The Board of Directors are elected by the association owners and the members of the Architecture Control committee are not elected to the committee but volunteer, so why are the members of the Architecture Control committee given the power of deciding what architecture requests get done? That is the job for the Board of Directors who are the elected officials of the association.

Excellent question.

Some covenants grants such power to the committee, some do not.

Personally, by having two separate entities, it provides the owner an avenue to appeal the committees decision to the board. I think this is a good thing.

Reality is, there are often not enough volunteers to serve on the board, much less committees. Therefore, the board is grateful for anyone volunteering. Otherwise the Board would be the one's doing that work on top of their own. As treasurer, I spent 20 hours a month volunteering. As a Board member, add another 5 to 10. When I served on our ARC, that required 5-10 hours a month as well.

It takes time to serve and such time is taken away from family and friends.

MichaelS56 (Minnesota)
Posts: 858
Posted:
AgustinD, to answer your question, yes I do know what a Covenant is. We updated our Covenants and during that process changed the word from Control to the word Review. Our ARC does all the work that many of you have said. Our ARC reviews everything and many times helps the owner through the process. Our committee does a lot of the leg work and then makes a recommendation to the Board. The Board makes the final decision to approve or deny. In the state of Minnesota, the Board can be sued but a volunteer committee cannot.
GenoS (Florida)
Posts: 4,276
Posted:
Quote:
Posted By AugustinD on 01/22/2021 5:24 PM
To me the purpose of an ACC is to take some of the burden of running the HOA off the Board.

In a perfect world, yes. Sometimes you just get a lazy board and their purpose for an ACC is to ensure the directors can get away with doing even less than they normally would.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I have seen situations where appointed committees tried to rule over an elected BOD especially by those on a committee who could not get elected to the BOD. Sorry appointed committee people but you are not as important as elected BOD people.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By JohnC46 on 01/23/2021 3:12 PM

Sorry appointed committee people but you are not as important as elected BOD people.

Personally, I think they are more important.
If the volunteers weren't there to be on the committee, the board would have to do the work or the work simply doesn't get done.

Regarding what authority a committee has, that would be in the governing docs or the written resolution made by the board when the committee was formed.

RonM19 (Texas)
Posts: 41
Posted:
In my experience, boards appoint ARC committee members, and may remove/replace them at any time. Appeals to ARC decisions are submitted to the BOD, not the ACC.

The main issue I've sometimes seen with this process is that BOD members often tend to be biased in who they select to be on the ARC, i.e. cronyism.

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