standards

Started by NancyC7 • 5 replies • 1376 views

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NancyC7 (Florida)
Posts: 2

Posted:

The community I live in is a detached villa community. The oldest unit is approximately 13 years old. Trends in experior colors, lighting, and doors have changed and the association is not progressing as I and others would like it to. The general rule is to not let community "standards" slide but this is a very grey area where "standards" can mean quality and not the exact lighting, paint colors, doors that were established by the developer upon conception. These items go out of style and become discontinued.

In the area of Florida I live, keeping current directly effects the resale value of property. Three of the BOD, comprised of 4 people, have determined they want to fight legally any changes in the original color pallet, lighting, door styles, etc. The legal expenses are beginning to add up and the 3 BOD members have decided they will determine the characteristics to be carried forward by the community.

I know the laws regarding "standards" changed July 1, 2007. To date, there is no published "standards" other than a pallet of paint colors.

Almost all of the properties in this community have had interior renovations. Exterior renovations are needed also to allow property values to increase. When I try to search the web for information regarding propery values and updating, I find very little information to support that position. It must be out there. Where can I look?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Nancy,
You will find no good information on property values unless you go by what real estate companys use for their pricing. I would not use that as accurate information. Location is very relevent to property valuation but paint colors, etc will not be a good guide to what you are looking for.

Who pays for the outside maintenance and painting of the units? Who pays for the door replacement? Do you have an architectural control committee? Are there written guidelines? The wording on ARB control is very relevant here as the State has changed what associations can now control concerning your own building. Are these single, stand alone units only? The paint color wheel can be changed just by a Board decision?

You are telling us that your Board spends your money annually to go to court after it's own members because of the changes in doors and paint colors? That is where your membership should step in and force them to stop spending funds so blatently

Yes, after 13 years in Florida, paint is needed, doors are worn out and the environment has taken a toll on any outdoor structures.

NancyC7 (Florida)
Posts: 2

Posted:

The maintenance of the detached units is the individual homeowners expense. The shared items include maintenance of the pools and lawns and common areas only.

There is an architectural review committee that is supposed to decide the acceptable changes. Unfortunately, I have seen that committee change over the past year to include only those who agree with the 3 BOD members. I know this is sounding a little like sour grapes, but after a homeowner sent an email out asking for community opinion of a door she wanted, 19 responded positively and 7 responded negatively. Of the 7 negative responses, there were 3 already on the BOD or the ARB. Within a week the other 4 negatively voting residents were added to the BOD or ARB by a presidential decision.

I am a member of the BOD and the other 3 members have quit including me in the decisions being made. Communitcations go out to the community and I receive the information at the same time the entire community receives the information. Surveys have gone out, nominating committees were formed, and applications for the BOD positions are being collected. I know nothing until the entire community is notified.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Nancy,
Below is the new section to 720 and it is 720;3035 which is now what your ARC has to follow. I hope that it helps.

720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.--

(1) The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

(2) If the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants provides options for the use of material, the size of the structure or improvement, the design of the structure or improvement, or the location of the structure or improvement on the parcel, neither the association nor any architectural, construction improvement, or other such similar committee of the association shall restrict the right of a parcel owner to select from the options provided in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.
(

(4) Each parcel owner shall be entitled to the rights and privileges set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants concerning the architectural use of the parcel, and the construction of permitted structures and improvements on the parcel and such rights and privileges shall not be unreasonably infringed upon or impaired by the association or any architectural, construction improvement, or other such similar committee of the association. If the association or any architectural, construction improvement, or other such similar committee of the association should unreasonably, knowingly, and willfully infringe upon or impair the rights and privileges set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, the adversely affected parcel owner shall be entitled to recover damages caused by such infringement or impairment, including any costs and reasonable attorney's fees incurred in preserving or restoring the rights and privileges of the parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

(5) Neither the association nor any architectural, construction improvement, or other such similar committee of the association shall enforce any policy or restriction that is inconsistent with the rights and privileges of a parcel owner set forth in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not. Neither the association nor any architectural, construction improvement, or other such similar committee of the association may rely upon a policy or restriction that is inconsistent with the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants, whether uniformly applied or not, in defense of any action taken in the name of or on behalf of the association against a parcel owner.

History.--s. 11, ch. 2007-173.

TracyT (Maryland)
Posts: 228

Posted:

"I am a member of the BOD and the other 3 members have quit including me in the decisions being made." Uh oh. Sounds like another rouge BOD . . .

Donna, you're so fast with the FL laws maybe you could post the one about open meetings. It sounds like Nancy needs to remind the other board members of this requirement.

Tracy

DonnaS (Tennessee)
Posts: 5,671

Posted:

Nancy,
It sounds to me like you need some major reorganization of all of your Board and committees.

Since when are surveys considered the decision makers for ARC issues? Why are your meetings not posted according to the Statutes? Why are people being added to the BOD without voting by the entire membership? Why are you not being included in any of this? I could go on but I think that you know what I mean.
Go to 720:303 on Board meetings. I could copy them for you but it takes up too much space. But you need someone there to take charge.

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