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EileenS5 (California)
Posts: 9
Posted:
California

We have an arch committee to approve all request to change homeowners outside exclusive use areas (adding fences to back patio, changing window/doors etc.)

Our board should consist of 5 members but we are down to three and soon maybe 2. We are bringing on a new member in the next few weeks. Here is my question

If the arch committee can't agree on an arch request and the only other board member is the person requesting the arch. change, what does the board do? I know the 3rd board member cannot vote on his own request so is the request just denied for the time being until we bring on more directors.

Thank you
Eileen
TimB4 (Tennessee)
Posts: 21,059
Posted:
The architectural should approve or disapprove based on majority vote (hence the reason not to have even numbers on committees). If there is a tie, then the request would be not approved.

If the issue comes before the board (appealing an ACC decision), then, as you expected, that board member should recuese themselves. The remaining board members should make the decision based on:

1) Is the change prohibited by covenants? (no - proceed to step 2, yes - deny request)
2) Is the change in compliance with published guidelines? (yes - proceed to step 3, no - deny request)
3) Has the change been approved for others? (no - proceed to step 4, yes - approve request)
4) Will approving the change create issues if others request the same change? (no - approve request, yes - do a pro and con paper on the issue the change will cause if everyone else wants the same thing and then make your decision).

SheliaH (Indiana)
Posts: 6,964
Posted:
I hope this third board member isn't one of the people from your last post who hasn't paid assessments. If that's the case, why is he or she still serving on an advisory committee in the first place, let alone the board ??? Personally, I'd tell him or her, the decision will be postponed until his/her account is ade current- why do you have the money for a new door or go paint your house but can't pay assessments?

If this doesn't apply, you'll just have to appoint another person to the ARC to help review and make a decision - tell the homeowner until that's done, the request will have to be delayed. Do the best you can to get someone within the next few weeks.

Normally, I'd say let the board decide if there's a deadlock of the remaining ARC members, but your board is also running out of people. Ultimately, you need to figure out why keeping board members has become problematic - has anyone tried talking to the soon to be departed board about staying at least through the end of the yearand help look for a replacement?


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

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