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Keep HOA but remove Architectural Committee (AC)?

Started by MichaelD31 • 13 replies • 416 views

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MichaelD31 (Wyoming)
Posts: 5
Posted:
We are a small close knit group of a dozen or so properties. We have an HOA with bylaws that include an Architectural Committee (AC). We like the HOA but most of us feel the AC is overreach so we are wondering how we'd remove the AC but keep the HOA?

A simple amendment that would get > 75% of the vote I assume or is it more complicated than that?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
HOA stands for Homeowner's Association. So it's you and your neighbors in this "club". If there is no "ACC" then the board becomes the final say so. There is no reason one can not rewrite the rules if you do not like them. Just follow the rules on how to do that..,
Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
The Architectural committee is appointed by the board.
Having the committee is a good thing.
Any requests that are denied can be appealed to the board.

Options:

1) volunteer to be on the committee (make changes from within).
2) gather support and replace the board who can then thank the committee members for their service and replace them or not.
AugustinD
Posts: 1,027
Posted:
Quote:
Posted By MichaelD31 on 08/29/2022 2:25 PM
We are a small close knit group of a dozen or so properties. We have an HOA with bylaws that include an Architectural Committee (AC). We like the HOA but most of us feel the AC is overreach so we are wondering how we'd remove the AC but keep the HOA?
This leads me to ask: Are there particular covenants that the owners do not want enforced? If so, then try to get enough support to amend the Declaration and remove the covenant.

At this point reading the section of your HOA's Declaration that speaks to amendments would likely be helpful. Usually a super-majority (2/3rds or 3/4s of all owners) is required to amend the Declaration.
KerryL1 (California)
Posts: 14,550
Posted:
Are you on the Board, MichaelD? And your bylaws say the HOA must have an AC?
KellyM3 (North Carolina)
Posts: 2,239
Posted:
The lack of an ARC will not free up aesthetic limits placed on homeowners that are outlined in the covenants. Yes, it would force all "architectural review" issues to the main board of directors. With 12 houses in the entire HOA, it seems to make sense to eliminate the ARC and streamline things UNLESS the 12 homes consist of differing types of properties, like single-family with townhomes or condo building.
MichaelD31 (Wyoming)
Posts: 5
Posted:
I am not on the HOA board or on the HOA committee. We basically have one household / person out of all the homeowners that continually complains and harasses folks every time they make any changes that need to be approved by the AC. Of course they are not on the AC don’t have any jurisdiction over them and in theory. .

This I had been going on for the past 15 years and longer. They are not on any board or committee but it’s gotten point when the members of the AC are worried about litigation, this individual suing the AC. The homeowners are more concerned with harmony so in the past have generally complied with his requests to keep the peace. The solution put forward would be the elimination of the AC, the individual could still complain / sue but probably not any committee members.

It’s a messed up situation, like a lot of situation on this message board!
MichaelD31 (Wyoming)
Posts: 5
Posted:
There is nothing in particular that we don’t like, we want to get rid of it because of the individual who makes folks revise their proposals multiple times to suit their tastes.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our lawyer advised our BOD that there was no need for an ACC as the BOD has the final say.
MichaelD31 (Wyoming)
Posts: 5
Posted:
There are no aesthetic limits in our covenants I believe. I know some HOA have stuff like everyone needs to have white shades etc. We just want the bullying to stop. All units are similar and everyone gets along splendidly - apart from the one unit.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Sounds like your board needs to largely ignore the one unit. After a while, people earn the privilege of being ignored.
KerryL1 (California)
Posts: 14,550
Posted:
Agree with Kelly.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
I agree. THE ACC and the BOD should ignore this person. If the ACC approved a change, that is the end of it. If the ACC denies a change the requestor can appeal it to the BOD.
MichaelD31 (Wyoming)
Posts: 5
Posted:
Just like when we thought it was OK when a buddy rented his house and took out some of the deposit because the tenants left early. Slapped with court papers ……. Back and forward for month and $6000 later.
The AC is scared that this member will sue them.

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