Need interpretation on Architectural Standards and Control

Could someone interperate our CC&R's concerning the Architectural Standards and Control section. I was told by a someone last night that we couldn't have the husbands of two members of the Board serve on the Architectural Review Committee and that they don't have authority to approve or reject any architectural changes to our homeowners homes/properties. We only have 36 homes in our POA, and it is hard getting anyone to serve on a committed that is not related to a board member. The CC&R's state: "No Building, fence,wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to and approved in writing as to harmony of external design, color and location in relation to surrounding structures and topography by the Association, or by an Architectural Review Board composed of two (2) or more representatives appointed by the Association. The Association or its designated ARB shall have the absolute right to refuse approval of plans, location or specifications herein required upon any ground which is consistent with the objectives of these Covenants, including purely asthetic considerations, so long as such ground is not arbitrary and capricious. In the event Asssociation, or its designated ARB, fails to approve of disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.

I'd appreciate any input on this. Thanks in advance.

Peggy, usually there is no restriction in an HOA's controlling documents which prevents spouces of Board members from serving on any committee. As a matter of fact, in small HOAs the Board or some of the Board members serve as the architectural committee. As to interpreting your architectural standards that is the responsibility of your architectural committee and your Board.

PeggyH: I would question the advice you recd stating ..."couldn't have the husbands of two members of the Board serve on the Architectural Review Committee and that they don't have authority to approve or reject any architectural changes to our homeowners homes/properties."

Your CC&Rs read that the Association (the Board) "OR ITS DESIGNATED ARB shall have the absolute right to refuse approval of plans..."; and a second statement "...In the event Asssociation, OR ITS DESIGNATED ARB, fails to approve of disapprove..." Both posted statements clearly allow the ARB and the Association (Board) equal authority for architectural changes.

I would strongly recommend that your Board define clearly, and according to all the parameters laid out in your documents, the role of the Architectural Committee and the development of a process for residents to follow when
submitting an architectural proposal. An Architectural Request Form is of tremendous value in providing complete info for the change (as quoted from your docs:nature, kind, shape, height, materials, color and location of the same...). Time constraints should be noted and a written response returned to the requestor; also follow-up by the Board once the changes have been implemented to ensure all has been done according to what was approved. And, lastly, complete file copies of all changes requested and completed. Some assns keep a binder w/spreadsheet showing an overview of architectural requests/approvals/denials.

It is Architectural issues which pose some of the biggest problems in communities. The Committee (normally appointed by the Board) is to be taken seriously, and especially in your assn. since they do have the authority to approve or disapprove. In some assns. the Committee only makes
recommendations and the Board has the final say.

The time statute here is 60 days. Clearly the ARB/HOA's job is to either approve or disapprove an application, and if they aren't doing that job then they should live with the consequences on not doing it...approval by default! You shouldn't be able to string applicants along indefinitely. Course there are ways of doing that too ie. Tell the applicant they need this that or the other or the application isn't complete. Never put it past a rogue board/arb to pull such stunts.

Hi Peggy,

I'm particularly curious about this part of what you were told last night "and that they don't have authority to approve or reject any architectural changes to our homeowners homes/properties." What was the context of that?

Your document gives clear authority for someone to approve or reject changes BUT, your CC&R seems to indicate that the Association appoints the ARB ". . . or by an Architectural Review Board composed of two (2) or more representatives APPOINTED BY THE ASSOCIATION. The Association or its designated ARB shall have the absolute right to refuse approval of . . ." Interesting.

As others have posted, the Board of Directors (BOD) 'usually appoints' ARB committee members so maybe Association means BOD in documents and its just a difference in terminology. However, I would check the sections that define Board/Committee roles and how they are seated e.g. by election of the assn. or appointment by BOD.

The document may go on to state the maximum positions that a member can serve, during a term, but I'd be surprised if they mention spouse participation.

Lets us know. Thanks.

Tracy

All of the associations we manage have either 30 days or 45 days from the time all ARC requested info is received.

Peggy, you bring up an ambiguous relationship between the Board and the ARC. Sometimes the Declaration is written be make the ARC autonomous from the Board and does not include language to define what happens after the Developer relinquishes control of the ARC to the homeowners. This results because the Developer wants to control the ARC until the end of the development. Thus, they sometimes write the Declaration to give the ARC final approval with no approval authority given to the Board. In such cases when the homeowners take control the Board they may appoint the members to the ARC, and establish guidelines for the ARC; but technically may have no ARC approval authority. Some Declarations provide for a sub-committee sometimes called an Architectural Modification Review Committee which approve modifications to the exterior of the property. Meanwhile, the MRC has no authority on original development of a property.