Communication between Board and ARC/ACC

Started by JasonF6 • 5 replies • 506 views

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JasonF6 (Texas)
Posts: 2

Posted:

In Texas new legislation SB1588 was passed in 2021 that stated the Board Members or Board Members family can no longer being on the ACC/ARC. The legislation is forcing the separation so that there are 2 completely different groups of people deciding on new architectural reviews. My question, is does anybody know if this same legislation stops consulting or communication from the ACC/ARC Members with active Board Members? I ask this, because a lot of times the Board Members have knowledge that can be shared to a newly formed ARC/ACC group.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

The board typically overrides the ACC anyways in any conflicts.

Former HOA President

JasonF6 (Texas)
Posts: 2

Posted:

Yes, our process is that if the ACC/ARC denies the submission, then the homeowner can appeal to the board for an ultimate decision. I am trying to figure out if anyone has experience with the SB1588 legislation specifics that might cause a board member to not be able to offer advise to a member of the ACC/ARC before an acceptance/denial was submitted?

ElleN (Idaho)
Posts: 4,420

Posted:

Quote:

Posted By JasonF6 on 03/21/2023 10:04 AM
Yes, our process is that if the ACC/ARC denies the submission, then the homeowner can appeal to the board for an ultimate decision. I am trying to figure out if anyone has experience with the SB1588 legislation specifics that might cause a board member to not be able to offer advise to a member of the ACC/ARC before an acceptance/denial was submitted?

The relevant parts of the bill to which you keep referring now appear in TPC 209. TPC 209 has no prohibition against a director offering advice to a member of the ACC/ARC.

However, ideally, the two entities would stay independent. But reality says what you suspect: The directors may know much more about what the covenants say, statutes, case law et cetera.

If the situation is that confusing, just have the ACC pass it up to the board, who can then consult the HOA attorney as needed.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Our lawyer advised we not have an ARC/ACC as the BOD is the final decider. Easy for us as we have very few requests. If needed because of volume then make it clear the BOD has final say, not the ARC/ACC. Make it clear to ARC/ACC Members that they serve at the pleasure of the BOD.

BillC17 (Texas)
Posts: 26

Posted:

I live in Texas and have read the changes to the property code. Not a lawyer here, but it basically just says board members (or their spouse, or a member of their household) can't be on the ARC, and the ARC decisions can be appealed to the board. That totally makes sense to me. In the past a subset of the board also acted as the ARC, which is too much concentration of authority and there's no place to appeal the decisions.

But the board does appoint and supervise the ARC to make sure they have the information they need and that they are doing their job.

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