ARB general powers established by governing documents

DebraP2 (Florida)
Posts: 1

Posted:

It is clearly stated in our governing documents that the arb has been authorized review painting projects colors used on exterior walls pertinent to an approved color palette. Now the Master board is telling the ARB that exterior walls "enclosed" in a caged area is to be treated as as interior walls and therefore if painted can be any color and does not need consistency with the other exterior walls of the home.the wall are visible contained in the caged area are in view of other homeowner.the master board is insisting thar this "change" (that exterior walls enclosed by a screen cage) be treated as interior walls be included in our design standards.

The Master board has not amended the governing documents and is basically changing the arb's authority and power over painting projects on the exterior of homes which potentially can create homes with 2 contrasting (not necessarily matching or blending) paint colors.
Can the ARB's powers, authorities and duties be changed without an amendment to the docs? If so how is the arb to maintain harmony and avoid harsh concepts within the community?

Of note the ARB still needs to approve the installation and color schemes of awnings inside the same screened area noted above and residents are not able to change the color of the framework on the interior only from white to bronze. Seems inconsistent at best. This "painting rule" was changed at a master board
meeting when one member had an approved painting project the following week and interestingly stated the exterior paint color chosen for their home would not match the new furniture they ordered, certainly some self interest here that now will change the look of the community going forward if an amendment and vote is not required.

I look forward to the thoughts on this issue and if the ARB has any recourse.

LoriM15 (Florida)
Posts: 1,009

Posted:

Our ARB is given general powers in our declaration. However, the ARB guidelines with the actual rules (color palette, yard decorations, sign and flag restrictions, etc.) is a separate document that can be changed by a vote of the board (not the membership) after it has been sent to the membership 14 days before the board vote.

Your case may be similar. Your board may have decided that the area in the pool cage doesn't have to be painted the same color as the exterior walls. However, if they don't have written documentation for this they could be open to a lawsuit.

Please provide more details about when and how they made this change and if your documents allow for your board to make changes to the document that has the ARB standards in it.

DeanJ
Posts: 1,786

Posted:

The board interprets the declaration and the ARB members serve at the pleasure of the board. In most situations, a member may be removed from the ARB without cause.