ARC approval

Started by TinaF4 • 7 replies • 125 views

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TinaF4 (new york)
Posts: 22

Posted:

Our CC&R's only require approval from our HOA.

But Management is saying it's also required by the master even if CC&R doesn't indicate.. If CC&R's only indicate ARC approval needed by HOA Design Review, , why would ARC approval by Master Association also be needed?

ElleN (Idaho)
Posts: 1,335

Posted:

TinaF4,

Giving a substantive, minimally speculative answer to your question requires having studied both the sub's CCRs and the master's CCRs.

If you care to post these, great. PDF and word files under 200 kilobytes can be attached.

Alternatively create an email address that you will use only for this forum, and post it. I will email you. You can then email me copies of the CCRs.

DeanJ
Posts: 1,786

Posted:

Quote:

Posted By TinaF4 on 03/06/2025 2:50 PM

Our CC&R's only require approval from our HOA.

But Management is saying it's also required by the master even if CC&R doesn't indicate.. If CC&R's only indicate ARC approval needed by HOA Design Review, , why would ARC approval by Master Association also be needed?

Because you are basically governed by 2 associations.

ArtB1 (Florida)
Posts: 97

Posted:

We have both our own HOA and a Master and have never sought any review or approval from the master

TinaF4 (new york)
Posts: 22

Posted:

Thank you everyone. Not too tech savvy about PDf. But just a bit puzzled as to how a masters would require ARC sent from huge Matser associations. the boards would be forver busy.

I just thought it odd our CC&R's only mention the "Association" approval needed. But management company insisted bith required.

ElleN (Idaho)
Posts: 1,335

Posted:

Quote:

Posted By TinaF4 on 03/07/2025 12:29 AM
I just thought it odd our CC&R's only mention the "Association" approval needed. But management company insisted bith required.

The manager might very well be technically wrong. On the other hand, if the Master is willing to contemplate the ARC application, then the Master's approval could help minimize disputes and litigation down the road. This could argue for the Sub-HOA to have a policy of requesting the Master's approval subsequent to any ARC approval the Sub-HOA issues, even if the covenants do not require it.

I admit I am spit-balling a bit, though based on a lot of reading of covenants and case law over the years and helping a couple people off line with Sub vs. Master disputes.

MarshallT (New York)
Posts: 414

Posted:

I'd ask management to show you where it says approval is needed by both. If the rule isn't in writing, it can't be enforced.

KerryL1 (California)
Posts: 14,550

Posted:

I agree with Marshall

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