ACC Approval requirements

Started by DerekS1 • 8 replies • 311 views

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DerekS1 (Wisconsin)
Posts: 8

Posted:

Hello there - I have a member of our HOA who is claiming they were given permission to setup a "temporary" fence in their yard that is strictly prohibited without written approval from the ACC per our CC&Rs. I'm a member of the ACC since long before this fence was up, and they claim a prior member gave them authorization. Before proceeding to ask the prior member about this..

I am reading through our CC&Rs that define an ACC and I am not seeing anything clearly defined that would prevent one member of the ACC from not consulting with the rest of the committee - but this seems to be common sense that the ACC as a body of 3 would require majority rule for approval?

Any Help/Guidance?

DerekS1 (Wisconsin)
Posts: 8

Posted:

Adding clarity here:

I have been a member of the ACC for 2 years.
This fence was erected within the past 4 months, it is not permanently anchored into the ground so they are saying it's "temporary" with no date they will take it down, or repeat this process next year.
They claim a member of the ACC approved it, but 2 of the 3 members of the ACC (me being one) have never seen a written request for this fence.

Any help how to proceed here would be great. Can I confront the prior member? Should I ask the HOA member that claims to have been given approval to show the paperwork? Or should I just escalate to the board president?

DerekS1 (Wisconsin)
Posts: 8

Posted:

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By DerekS1 on 03/04/2022 8:15 PM
I am reading through our CC&Rs that define an ACC and I am not seeing anything clearly defined that would prevent one member of the ACC from not consulting with the rest of the committee - but this seems to be common sense that the ACC as a body of 3 would require majority rule for approval?

Do quote exactly what your covenants say abou ACC approval.

Like you suspect, "ACC approval" does not mean one person's approval. It means the committee's approval. Furthermore any approval should have been filed with the HOA manager or whomever is keeping records.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Derek

Send the owner a letter saying the ARC never approved said fence and remove it within 7 days or face fining.

BillD16 (Texas)
Posts: 971

Posted:

Quote:

Posted By DerekS1 on 03/04/2022 9:44 PM

Any help how to proceed here would be great. Can I confront the prior member? Should I ask the HOA member that claims to have been given approval to show the paperwork? Or should I just escalate to the board president?

I concur with AugustinD that you should inspect your covenants.

That aside, I have to ask: is this some kind of ‘tricky’ situation in some way that isn’t obvious? I noticed you asked “Can I confront the prior member?” and (probably) sure, you can - but perhaps a more mellow “Can I ask?” would be more effective than a confrontation? I am not on my neighborhood ACC but I’m pretty sure that asking them (via email, say) “So what’s up with the temporary fence at ____?” is a fair question for you (as an ACC member) to ask.

All of that said: I strongly suspect that bringing the matter to the attention of the ACC will be viewed as the professional way to handle the matter (versus you independently asking the HOA member to see paperwork, which potentially leaves you standing there alone and looking like a cheesedick).

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

DerekS1 (Wisconsin)
Posts: 8

Posted:

Honestly it's more of a "I'm still new to this" situation and trying to keep everyone happy -- We are a very small HOA (10 homes), and in only 3 years here I could quickly say those who "have power" in this HOA, really try to bend the rules for themselves. I am very much for.. If we're going to keep the HOA, then everyone follows the rules, if not, let's vote to dissolve it.

Unfortunately the "member" who put up the fence is the VP on the HOA Board, and the prior ACC Member who acted alone stated they don't need ACC approval for the fence because it's "temporary" .. just so happens to be also the HOA Secretary on the board.

BillD16 (Texas)
Posts: 971

Posted:

The plot thickens!

Just MHO: is this ‘temporary fence’ issue a battle you really want to fight? Maybe it is, maybe it isn’t. But it strikes me as something that people might get touchy about.

I’ll say it again: I think you should endeavor not to be “the lone ranger” on this - if it’s important to you, you should try to build a consensus on the ACC and allow the ACC to make statements and ask questions.

Others may have some good advice for you. I’d suggest reading up on everything ACC-related and possibly working this as an issue of “the ACC needs to keep documentation of all of its decisions, and follow process” etc. At the very least, I think that any ‘temporary structure’ should have a documented expiration date.

Good luck,

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

BenA2 (Texas)
Posts: 1,273

Posted:

This sounds like it is as simple as a differing opinion if there is a violation. I think the solution is to bring it to the board and let the board decide on how to handle and define temporary fences. The important thing is that the rules are enforced fairly and uniformly. There are always going to be differing opinions on what constitutes a violation. The board should make the decision.

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