💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

MuchelleM (Texas)
Posts: 7
Posted:
What are the rules of an ACC member emailing and disclosing information to a homeowner while they are serving in the ACC?
SheliaH (Indiana)
Posts: 6,964
Posted:
What do your documents say? Your bylaws may have procedures for certain committees like an ACC. If not, they usually state the board has the authority to establish or disband advisory committees, which should also include dictating what they're responsible for. Committee members also serve at the pleasure of the board, so if someone does something inappropriate, you shoukd take your complaint to the board with proof of wrongdoing.

In this case, I'd also like to know what was disclosed. Disclosing design standards for certain changes like paint colors shouldn't be state secrets- all homeowners should know them. If the issue concerns a request for an exception, that might be a problem, but once again, committee members can be outvoted.


If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
KerryL1 (California)
Posts: 14,550
Posted:
Disclosing what? To whom--which owner? Is this owner getting info the owner who has a submission in to the ACC?

Are you on the Board or ACC, Muchelle?
LisaB21 (Texas)
Posts: 97
Posted:
Certainly ACC modification applications should be confidential and not shared with other homeowners. Any discussion of the details of an application should stay within the ACC committee and the Board of Directors, not discussed as gossip with other homeowners.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By MuchelleM on 06/06/2025 3:19 AM
What are the rules of an ACC member emailing and disclosing information to a homeowner while they are serving in the ACC?

Are members of your HOA’s committees sworn to secrecy?

One of the functions of HOA committees is to promote communication.

MuchelleM (Texas)
Posts: 7
Posted:
It was discussed with a different homeowner. Why the ACC is rejecting the project and why it was delayed for building.
Several submissions were discussed. Contacted the board member privately and they dismissed the whole issue. It has now been sent to the association, so it won’t be ignored or dismissed. I even had emails sent to me about other committee issues.
I was on an ACC at a previous neighborhood and we couldn’t discuss these things with anyone. This is why I am asking.
KerryL1 (California)
Posts: 14,550
Posted:
So.....it was your application that the director shared with a different owner?? Including the reasons for rejecting the project? I'd say, with others , that the director was wrong.

I'm glad you're taking steps with the Board so that they cna stop this director from blabbing about what also is. confidential in my HOA.
KerryL1 (California)
Posts: 14,550
Posted:
Correction: I meant ACC member above, not director
KerryL1 (California)
Posts: 14,550
Posted:
Correction: I meant ACC member above, not director
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By MuchelleM on 06/06/2025 1:40 PM
It was discussed with a different homeowner. Why the ACC is rejecting the project and why it was delayed for building.
Several submissions were discussed. Contacted the board member privately and they dismissed the whole issue. It has now been sent to the association, so it won’t be ignored or dismissed. I even had emails sent to me about other committee issues.
I was on an ACC at a previous neighborhood and we couldn’t discuss these things with anyone. This is why I am asking.
I think an application for an architectural change is an association record. Under TPC 209, I expect owners have a right to review such a record.

If the ACC is trying to be secretive here about its reasoning, this is a mistake.
DeanJ
Posts: 1,786
Posted:
Application plans to paint house pink with purple dots. If the ACC approves it I am reasonably certain the community will know it and will want to know the discussion that lead to the approval.
MuchelleM (Texas)
Posts: 7
Posted:
Information about decisions on another home was disclosed to me and why they were denying it. They sat on the decision purposely because of the color and style of the home. They were supposed to use earth tones, blue, they denied it. blue is an earth tone. They didn’t like the modern with the metal frame, so they made them change it to stucco. Metal buildings, barndos, are approved in this neighborhood.
TimB4 (Tennessee)
Posts: 21,059
Posted:
If your Association didn't define "earth tones" (by which I mean specifically define the colors), then it is subjective as to what colors to include as an earth tone.

You believe that earth tone includes shades of blue. Some definitions of earth tone agree with you. Many definitions of earth tone do not. This is why I say that the term "earth tones" are subjective.

Since you are not on the committee any longer, you don't have a say in what is or isn't approved.

Approvals and disapprovals are typically available to the membership as records of the Association.

Expecting that you are friends with the owners who requested this change, they can always appeal the decision to the board citing selective enforcement (based on your posting that there are other buildings of the same color and materials). If the board sides with the architectural committee ruling, the owners can take the issue to court to see if they can win there. Of course, they can also simply go with the decision of the committee and move forward.
LoriM15 (Florida)
Posts: 1,009
Posted:
Shouldn't all ACC meetings be public? In Florida in most associations, we are required to post notice of the meeting and the agenda and keep minutes for the official record.

If the ACC is keeping secrets or having secret meetings or discussions, then I think that's the problem and not the fact that something was disclosed.
MuchelleM (Texas)
Posts: 7
Posted:
This is not about the colors or what was approved or not approved. This is about disclosing information of another homeowner submission to a non committee member and what are the rules in Texas.
ElleN (Idaho)
Posts: 1,335
Posted:
Quote:
Posted By MuchelleM on 06/07/2025 10:42 AM
This is not about the colors or what was approved or not approved. This is about disclosing information of another homeowner submission to a non committee member and what are the rules in Texas.
Can you please just straight up explain what your concern is here? Are you annoyed by something and wondering if you are wrong to be annoyed? If so, what annoys you?

What harm, of a legal nature, was done? Please be specific.

Do you think homeowner ARC submissions should not be disclosed to owners?

If so, you are mistaken.

Do you think the committee member who disclosed such-and-such to an owner should have gotten the committee's permission?

Best practices for best communications and optimal functioning: The committee member should have gotten the committee's permission.

On the other hand, if the committee had then refused to share this information, then this is a problem.

'Best practices' are largely not enforceable in court.

As far as rules are concerned:

Texas statutes do not speak to such a specific scenario.

Texas statutes do speak to the fact that owners have a right to inspect "association records." A homeowner ARC submission becomes a part of "association records," which others legally have a right to inspect.

MuchelleM (Texas)
Posts: 7
Posted:
I guess I have posted this in a way that is understandable.

An ACC member was discussing another homeowner submission to me. I am not the homeowner.
I am not on the committee. I am under the impression that this is not allowed.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By MuchelleM on 06/07/2025 7:06 PM
I guess I have posted this in a way that is understandable.

An ACC member was discussing another homeowner submission to me. I am not the homeowner.
I am not on the committee. I am under the impression that this is not allowed.

To my understanding, there is nothing legally wrong about it.

Ethically, perhaps.
DeanJ
Posts: 1,786
Posted:
Quote:
Posted By MuchelleM on 06/07/2025 4:04 AM
Information about decisions on another home was disclosed to me and why they were denying it. They sat on the decision purposely because of the color and style of the home. They were supposed to use earth tones, blue, they denied it. blue is an earth tone. They didn’t like the modern with the metal frame, so they made them change it to stucco. Metal buildings, barndos, are approved in this neighborhood.

Blue is not an earth tone.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here