Florida - do ARC's need to give reason for denial

Hello everyone.

In Florida, if an ARC denies a request, do they have to give a reason?
(if they do, does anyone know that Statute or case law that would require this?)

I'm in CA, third time on our HOA Board. I feel a member should know the reason for any denial. #1- They can edit their request to accomplish their goal. #2- the Board should be educating their members about their governing documents. #3- Lack of transparency creates unnecessary ill-will in a community.

I am not sure if it's a requirement as much as "good practice". Usually providing a reason will help in making adjustments to the request if needed. Example: We had someone submit a request to build a 6 foot fence. Which is allowed. However, their lot/house was a corner lot. The layout of the 6 foot fence would appear to be in their front yard. We only allow fences in the back yard. Plus for safety concerns it would also block the view of the Stop Sign. We told the owner no to the 6 foot fence. We did decide they could have a variance on next application to taper the fence from 6 foot down to 4 foot when it turned the corner. This would allow them to keep their small dogs in the yard and still provide a view of the stop sign.

Now there are times where we have to flat out deny a request. Mostly if it's against the rules. We had a person request a basketball goal. The location they wanted was at a dangerous blind spot near the dumpsters. The kids could get run over by a car. Basketball goals are allowed if moveable. Have to be wheeled in and out for use. Can not attach to a home.

So you have to take the request and research it. It's not always one and done. There are factors that make one similar request different from another. You need to explain why.

The initials ARC stands for Architectural REVIEW Committee. They review the paperwork that has been turned to ensure that everything looks correct. Then the committee makes a RECOMMENDATION to the Board to approve or deny the request. The ARC members are not ELECTED by the association residents, the Board of Directors are. The Board should be the only ones to formally deny all requests. The Board is responsible to the Owners.

I chair our ARB. I prefer giving an explanation for denial. If you explain the denial, I find most understand where you are coming from. Leaving residents in the dark is poor business and only breeds hate.

I agree too, for gawd's sake, give the reason(s). Come application can be adjusted if the denials are fixable.

MichaelS of MN has posted numerous times that ARCs may not make decisions only the Board of Directors may. Perhaps that's tru in his HOA. Perhaps that even true in MN. But it is not true in many other states including in CA.

Lori's posting reflect CA. Th applicant may appeal to the board.