ARC misconduct

Hi My name is Jay. I moved to a beautiful community with extremely high HOA dues. A new developer bought the community and now almost everything is mismanaged.
One problem we have is there is insufficient monitoring for architectural changes. When it is discovered that homeowners have made alterations without approval the ARC approves the alterations even if they do not meet the established community standards. The ARC asks the homeowner to submit an "after the fact" applica-
tion for the alteration rather than informing them of the inconsistencies of the alteration and to resubmit an application that is consistent with community stan-
dards. It appears that homeowners that follow our governing documents are one standard and homeowners that do not follow our governing documents are another
standard. Can I compel the ARC to comply with the standards by legal means? Does the Federal Trade Commission or the Florida Department of Agriculture and Consumer Services handle these consumer issues? I am interested in hearing from others that are in favor of maintaining the quality of their community and
their experiences of how they accomplish this. Than you!

As Michael noted, 5he developer usually runs the show until the community is turned over to the homeowners, so there may not be much you can do. It may be this developer has changed the rules zbd the other homeowners bought in after that, so the new rules apply to them. Have you talked to tge developer about the inconsistencies? If so, what was the response? What will they do, if anything about homeowners who complies under the old rules?

Generally if a HOA changes design standards, it will grandfather homeowners who made changes under tge old standards (sometimes there were no standards at all). If those homeowners make changes later, they would have to follow the new standards. Sometimes people are given a certain amount of time to bring the home into compliance before they get violation notices andc all that goes with it. There are some exterior changes that may be more critical than others, but even then just because you don't like the standards doesn't mean everyone else feels the same.

This isn't an FTC or department of agriculture issue either. Lori or other Florida posters can clarify, but I think there is state agency that might handle certain complaints involving HOAs and another that addresses complaints about condos. Go to the state government website to find out who it is and read the information to see if this qualifies. There may be an online complaint form you can use.

However, if this doesn't qualify, you may have to talk to a private attorney about your options

Well said.

I very much appreciate everyone taking the time to help out here. A comment above reflected what is happening where I live. The developer and Management
Company do little to no enforcement of our governing documents. Although I have much to learn, I have been reading much about this issue. One issue we
are having is the subcontractors are dumping paint and drywall compound into the ground and washing it into the storm drains. I have involved code enforcement and the FLA Dept. of Environmental Protection. My community was violated by both. The day these agencies left the premises it was back to
dumping as usual. The developer claimed the entire time that they were in compliance and were doing everything they could. Our doc's state that lot owners are responsible for behavior/law violations or doc violations. In these cases it is the builders. Same with enforcement of deed restrictions.
They claim they are enforcing, however, when someone builds whatever they want without approval, they make up some excuse why it was ok. Today they emailed
me saying, "The Board has delegated violation inspections to management, not individual homeowners." Our doc's state that homeowners have the right to enforce deed restrictions. Management has stated they are not inspecting for night time violations. I have sent in 100's of them. They will not send
violation notices for them. Yet, our doc's state the association is responsible for investigating allegations of violations. I have requested public documents via certified return receipt. They have not sent them. Apparently, the BODs had a meeting with no notice. It certainly wasn't posted. Personally, I believe our Board president made it up at the spur of the moment when he replied to my violation email. Basically, developer controlled BOD's are breaching their fiduciary responsibilities. I am reading about 'artful deception' and misleading statements and behavior and misrepresentation of facts. I have been told to file a complaint with FLA DBPR. I believe the FTC may take issue with the pollution issues, noncompliance with Florida statutes and laws governing HOA's and fiduciary responsibilities.

Jay,

When the documents specify that members may enforce, it means that one, or more, members may bring legal action against another member who is in violation.

You can certainly report the violations.
It would be up to the Board to determine if they will investigate or not.

If desired, you could bring legal action against the Association concerning enforcement.
Check with an attorney to see what your chances of winning would be.

As for the painters, take pictures and keep calling the county.

Some governing documents allow for waivers.
If your governing documents allow for waivers, you may have little control until the membership is running the Association.