HOA POA serving as Arc

GeneG3 (Arizona)
Posts: 29

Posted:

In texas, a community of 43 homes, can the hoa president serve as the arc committee person. He is not nominated to that position, but serves as arc as no one else wants to serve. I am dealing with much bias in what a violation, i got rescinded via an appeal. Now that my neighbors have applied bambo fencing to our adjoining iron fencing, i have requested i be avle to put up wooden fencing, and he has denied it, completely misunderstanding easements between our homes, and considering a utility easement being owned by my neighbor 5ft into my property. I was satisfied with my violation being rescinded, but this POA just keeps screwing up.

KerryL1 (California)
Posts: 14,550

Posted:

Well, we know from your last post that you & the prez don't get along.

But your governing documents might help you here. Your covenants (AKA deed restrictions, CC&Rs, declaration) might have an Article about Architectural Guidelines. Or there might a a separate document about architectural guidelines.

In my HOA, our CC&Rs require an Architectural Committee and it must comprise three members. From time too time, not enough Owners want to serve and so a board members must fill in until a candidate volunteers.

You use the word Committee, which certainly suggests more than one member.

So....what do you documents say? If silent, Texas code might help such as the one cited for you in your other post.

RogerJ1 (Texas)
Posts: 550

Posted:

No. He cannot even be on the ARC. Also, the spouse, or anyone residing in the same home as someone on the board cannot be on the ARC in Texas.

RogerJ1 (Texas)
Posts: 550

Posted:

Senate Bill 1588 adds Section 209.00505 to the Texas Property Code, which imposes new rules on the denial of an application by an architectural committee for a subdivision development with more than 40 lots and creates a procedure for appealing such a denial to the property owners association’s board of directors. Section 209.00505 also restricts members of the property owners association’s board of directors, and their spouses and household members, for serving on the architectural committee. This provision takes effect on September 1, 2021.

GeneG3 (Arizona)
Posts: 29

Posted:

Thank you all for your responses. I was aware of the new house bill which states he can not serve also as arc. I just wanted to see how others maybe knew the same. Im just curious why he does not know this, and although no one in community wants the arc position, and there certainly is no committee. It seems they need a property mgmt company to fulfill that role and report back to board.
Its enough for me to be handling my own issues with them, and in doing so have discovered how inept they are in serving this community in a professional manner, and are breaking many of the house bills that were passed in recent years, and items already in the dnr’s/ccr’s.
I dont know our president, but he certainly acts like he knows me, with the bias he bestows on me and i dont know if he does that as a defense because he just doesnt know what the hell he is doing. Its a mystery.
I guess ill do a another appeal for his denial of my fence, to see how he explains how he came up with what he outlined to me which was not actually factual. He needed to do more homework prior to sending me denial, and should have investigated, as he should have investigated my bogus violation, but did not due his due diligence, so its being rescinded. I really have grown to dislike hoa’s.

GeneG3 (Arizona)
Posts: 29

Posted:

Thank you all for your responses. I was aware of the new house bill which states he can not serve also as arc. I just wanted to see how others maybe knew the same. Im just curious why he does not know this, and although no one in community wants the arc position, and there certainly is no committee. It seems they need a property mgmt company to fulfill that role and report back to board.
Its enough for me to be handling my own issues with them, and in doing so have discovered how inept they are in serving this community in a professional manner, and are breaking many of the house bills that were passed in recent years, and items already in the dnr’s/ccr’s.
I dont know our president, but he certainly acts like he knows me, with the bias he bestows on me and i dont know if he does that as a defense because he just doesnt know what the hell he is doing. Its a mystery.
I guess ill do a another appeal for his denial of my fence, to see how he explains how he came up with what he outlined to me which was not actually factual. He needed to do more homework prior to sending me denial, and should have investigated, as he should have investigated my bogus violation, but did not due his due diligence, so its being rescinded. I really have grown to dislike hoa’s.

GeneG3 (Arizona)
Posts: 29

Posted:

Thank you all for your responses. I was aware of the new house bill which states he can not serve also as arc. I just wanted to see how others maybe knew the same. Im just curious why he does not know this, and although no one in community wants the arc position, and there certainly is no committee. It seems they need a property mgmt company to fulfill that role and report back to board.
Its enough for me to be handling my own issues with them, and in doing so have discovered how inept they are in serving this community in a professional manner, and are breaking many of the house bills that were passed in recent years, and items already in the dnr’s/ccr’s.
I dont know our president, but he certainly acts like he knows me, with the bias he bestows on me and i dont know if he does that as a defense because he just doesnt know what the hell he is doing. Its a mystery.
I guess ill do a another appeal for his denial of my fence, to see how he explains how he came up with what he outlined to me which was not actually factual. He needed to do more homework prior to sending me denial, and should have investigated, as he should have investigated my bogus violation, but did not due his due diligence, so its being rescinded. I really have grown to dislike hoa’s.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By GeneG3 on 02/20/2023 9:06 PM

Its enough for me to be handling my own issues with them, and in doing so have discovered how inept they are in serving this community in a professional manner, and are breaking many of the house bills that were passed in recent years, and items already in the dnr’s/ccr’s.

Are you willing to serve on the board?

GeneG3 (Arizona)
Posts: 29

Posted:

Absolutely never. But if i did, i would make sure i know the rules and would never be biased in my decisions, nor make a decision based off just what i think, and have no evidence.

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By GeneG3 on 02/21/2023 5:45 AM
Absolutely never.

Then I think reality calls for acknowledging the high likelihood that either (1) the board will keep screwing up; (2) you will have to present the covenants and the law to the board time and again and hope that the board cooperates with your requests to follow the governing docs and statutes; (3) you have to use https://azre.gov/consumers/hoa to file a complaint with the state; or (4) you lawyer up.

If you file a complaint with the state, you should try to know the covenants and Az HOA statute inside and out.

SheliaH (Indiana)
Posts: 6,964

Posted:

Quote:

Posted By GeneG3 on 02/21/2023 5:45 AM
Absolutely never. But if i did, i would make sure i know the rules and would never be biased in my decisions, nor make a decision based off just what i think, and have no evidence.

Then how do you propose this issue be resolved? As Kerri noted, you and the president already don't get along, so if you don't want him to be making all the ARC decisions, you'll need a committee. If you don't want to serve, you'll have to persuade some of your neighbors to go to the board and offer their services. And since you feel the president doesn't know what he's doing, I find it interesting you don't want to volunteer - afraid of the same kind of pushback from other people?

PS: you don't know for certain that the HOA president doesn't know about the proposed legislation - you didn't know either until this conversation. No one knows everything and right now I think you're too angry at the HOA president to look at things from another perspective. Take a deep breath and consider there are two issues - your ARC request and the lack of an ARC committee. The two aren't related, so you can file an appeal on the first issue and lobby your neighbors on the second

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

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By ElleN on 02/21/2023 6:00 AM

Posted By GeneG3 on 02/21/2023 5:45 AM
Absolutely never.

Then I think reality calls for acknowledging the high likelihood that either (1) the board will keep screwing up; (2) you will have to present the covenants and the law to the board time and again and hope that the board cooperates with your requests to follow the governing docs and statutes; (3) you have to use https://azre.gov/consumers/hoa to file a complaint with the state; or (4) you lawyer up.

If you file a complaint with the state, you should try to know the covenants and Az HOA statute inside and out.

The HOA is in Texas.

MaxB4
Posts: 3,513

Posted:

Quote:

Posted By ElleN on 02/21/2023 6:00 AM

Posted By GeneG3 on 02/21/2023 5:45 AM
Absolutely never.

Then I think reality calls for acknowledging the high likelihood that either (1) the board will keep screwing up; (2) you will have to present the covenants and the law to the board time and again and hope that the board cooperates with your requests to follow the governing docs and statutes; (3) you have to use https://azre.gov/consumers/hoa to file a complaint with the state; or (4) you lawyer up.

If you file a complaint with the state, you should try to know the covenants and Az HOA statute inside and out.

The HOA is in Texas.

TimB4 (Tennessee)
Posts: 21,062

Posted:

Quote:

Posted By GeneG3 on 02/20/2023 5:58 PM

but serves as arc as no one else wants to serve.

You identified the problem.

My suggestion to resolve the problem is to volunteer to serve on the committee.