Aecc

Started by BrendaP5 • 7 replies • 166 views

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BrendaP5 (Tennessee)
Posts: 44

Posted:

When the aecc meets do they not need to keep up with minutes etc..Ours just gathers like a bunch of neighbors congregating.Also wondering if the aecc denies something are they not suppose to send u a denial in writing stating what was denied and why ?

KerryL1 (California)
Posts: 14,550

Posted:

What do the letters Aecc mean? Looks like some kind of Architectural Committee? Does the Committee make decisions? Is there anything in your Bylaws or CC&Rs (covenants, declaration, deed restrictions) or articles of incorporation about WHO has the authority to male the Committee's guidelines or rules?

Who appointed your Committee?

Tenn. doesn't seem to have many HOA statutes, but other states require that ARC's give reason for denying Owners' applications. Some states require that the board of directors make final decisions.

KerryL1 (California)
Posts: 14,550

Posted:

What do the letters Aecc mean? Looks like some kind of Architectural Committee? Does the Committee make decisions? Is there anything in your Bylaws or CC&Rs (covenants, declaration, deed restrictions) or articles of incorporation about WHO has the authority to make the Committee's guidelines or rules?

Who appointed your Committee? Most states' corporations code state that the Board appoints committee members. What about state or your Bylaws?

Tenn. doesn't seem to have many HOA statutes, but other states require that ARC's give reason for denying Owners' applications. Some states require that the board of directors make final decisions.

I think you'll get more answers if you provide more info.

LetA (Nevada)
Posts: 2,679

Posted:

For ua. we are a small HOA. We do not have committees like larger master-planned communities have.
Our ARC committee consists of ARC guidelines that are industry standard across the board. If an ARC request
goes outside the industry standard it goes to the board members for a yea nea decision. This is usually done via
email due to time constraints for the proposed ARC request. For nominal ARC requests, our PMC signs off on them.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Brenda,

Are you in a condominium development (tells us what laws should apply)?

Is your Association incorporated (most are, but check if you don't know - again, tells us what laws should apply)
To check see TN Secretary of State - Business Information Search

I will say that general practice should be that minutes are taken at Board meetings, General Membership Meetings and Committee meetings.

However, reality has shown me that what should be is not the same as what actually happens.
Minutes of committees should be taken, in reality they often are not.
Many architectural committees believe that their decisions act as the minutes (they don't but that is what I've heard).

Unfortunately, I have seen Boards not keep minutes of their own meetings as well.

If you can provide answers to my questions, we can check the statutes.
Keep in mind, if minutes were not taken - one can only correct the practice going forward.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Well, I learned something today.

Per TN corporation code for nonprofits (applicable to HOAs that are incorporated in TN) [emphasis added]:

48-66-101. Corporate records.
(a) A corporation shall keep as permanent records minutes of all meetings of its members and board of directors, a record of all actions taken by the members or directors without a meeting, and a record of all actions taken by committees of the board of directors in place of the board of directors as authorized by § 48-58-206(d).

A record of an action taken is not the same as minutes of the meeting.

Minutes can be the record of an action taken.
However, so can a copy of the approval/denial letter.

By the way - the condominium act only mentions minutes of Board meetings and General membership meetings.
This is in TN 66-27-112 and TN 66-27-503

BrendaP5 (Tennessee)
Posts: 44

Posted:

It’s not a condominium it’s an hoa made up of about 600 lots about 150 houses so far but been established for years.Its Cumberlandlakes.net it the webpage.My husband builds in there and it’s a mess.They pick and choose who does what.I went to a board meeting and spoke my problems so there retaliating.Weve been in there 6 6rs and never been denied a building request until now and its first one thing then another.Theyvdenied our request to build because we need to leave more trees was the last problem after taking care of 3 others.I ask for the denial in writing and mailed and that seems to be a problem.I went to one of the aecc meetings and requests minutes but was ignored and the one I was at they just gathered around like nuts and nothing was formal

TimB4 (Tennessee)
Posts: 21,059

Posted:

Brenda - Please take a look at the forums posting rules.

(3) No Mention of Community/Company/Person Names: In order to fairly enforce (2) and prevent liability, we do not allow the mentioning of any community name, company name or product. Please also do not post the full name of any person.

For all - Aecc stands for ARCHITECTURAL & ENVIRONMENTAL COMPLIANCE COMMITTEE (first I've ever seen "environmental" added.

If you are not and owner of a property within the development, or (if the company owns the lot) you are not designated by the company to be the representative, then you are not a member of the Association. If you are not a member, you do not have a right to view any of the minutes.

Are you a member of the Association?

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