JohnA26 (New Jersey)
Posts: 43
Posts: 43
Posted:
Can the Board of trustees amend ARC regulations without a vote of the residents
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ARC Regulations
Started by JohnA26 • 6 replies • 211 views
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TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Probably.
The architectural guidelines is a resolution created by the board. Your association may, or may not, have decided how resolutions are to be adopted.
For example, ours require that the membership provide feedback, but leaves the decision with the board.
What the board may not do with the guidelines is disallow something that is allowed in the covenants.
Example: Covenants say that fences are allowed and can be 6 feet high.
Guidelines can specify materials that would be approved but can not prohibit fences or decrease the height.
Guidelines are just that, guidelines. They are a tool for the architectural committee to use to help standardize approvals/disapproval of requests.
The architectural guidelines is a resolution created by the board. Your association may, or may not, have decided how resolutions are to be adopted.
For example, ours require that the membership provide feedback, but leaves the decision with the board.
What the board may not do with the guidelines is disallow something that is allowed in the covenants.
Example: Covenants say that fences are allowed and can be 6 feet high.
Guidelines can specify materials that would be approved but can not prohibit fences or decrease the height.
Guidelines are just that, guidelines. They are a tool for the architectural committee to use to help standardize approvals/disapproval of requests.
KerryL1 (California)
Posts: 14,550
Posts: 14,550
Posted:
It also depends on what your CC&Rs require. And your state statutes. In CA, for instance, Architectural Guidelines are governing document; they are a set of Rules. (not simply board resolutions or decisions). Any changes a board proposes to the must undergo certain requirements that do require owner feedback but not votes.
So check your CC&Rs and relevant NJ sources.
So check your CC&Rs and relevant NJ sources.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
Quote:
Posted By JohnA26 on 03/30/2024 4:56 AM
Can the Board of trustees amend ARC regulations without a vote of the residents
Can the Board of trustees amend ARC regulations without a vote of the residents
Typically, yes.
DeanJ
Posts: 1,786
Posts: 1,786
Posted:
Normally the answer is yes.
LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
ARC's are usually just guidelines for boards to follow. Yes boards can go outside these guidelines.
Here are some examples. Applicant would like to put up a bamboo screen that is 2' higher than the block wall.
The bamboo screen is not a structure or a fixed instrument. ARC guidelines prohibit items except wall extensions
like iron fence tops etc.
Applicant would like to erect a gazebo or pergola in the backyard, ARC guidelines state backyard porch coverings, awnings
etc must be affixed to the house and not freestanding. The ARC does not mention pergolas or gazebos specifically.
The Board approves the owner to erect a pergola.
Here are some examples. Applicant would like to put up a bamboo screen that is 2' higher than the block wall.
The bamboo screen is not a structure or a fixed instrument. ARC guidelines prohibit items except wall extensions
like iron fence tops etc.
Applicant would like to erect a gazebo or pergola in the backyard, ARC guidelines state backyard porch coverings, awnings
etc must be affixed to the house and not freestanding. The ARC does not mention pergolas or gazebos specifically.
The Board approves the owner to erect a pergola.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
JohnA
What is your particular issue?
What is your particular issue?
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