Architectural Review Disbanded by BOD

Our Association documents state that the our Association “shall” appoint members of the Association to “serve at the pleasure of the Board” on an Architectural Review Committee. Docs say that a minimum of three members be appointed to the ARC.

The BOD choose to disband the ARC at their last meeting as the President did not “like the direction that the ARC had taken”.

Neither did many of the Association members agree with the direction, or lack of enforcement unilaterally against the most common abuses that the current ARC was taking.

A few of us put forth a list of members of the Association to step up to fulfill this vital role.

It was rejected by the OD president outright.

What would you consider our alternatives at this point?

Thanking you in advance for your insights.

Legally the President does not make these decisions. The Board does. See if you can persuade a member of the board to make a motion to re-instate the ARC and find good people to serve on it.

?

I have never seen governing documents that give the President these powers.

I have never seen governing documents that give the power to appoint committee members to the committee chair.

Do your HOA's governing documents say the President and committee chair have these powers?

Our docs do not state that the president selects/appoints a chair person. The committee select their own chairs at the first meeting each year. Generally, the chair stays on in subsequent years unless they specifically say they are no longer interested in serving in that role.

Ellen, you had expressed curiosity about what my neighborhood’s governing documents said about appointing committees. Here they are:

ARTICLE 13.
COMMITTEES
13.1. Other Committees. The Board by resolution adopted by a majority of votes available to be cast by the Directors, may designate one or more other committees. Except as otherwise provided in such resolution, Members of such committee or committees shall be Members in good standing of the Association (or the designee of a Member in good standing), and the President of the Association shall appoint the Members thereof.
13.2. Term of Office. Each Member of a committee shall continue as such until the next annual meeting of the Members of the Association or until his successor is appointed unless the committee shall be sooner terminated, or unless such Member shall be removed from such committee, or unless such Member shall cease to qualify as a Member thereof.
13.3. Chairman. One Member of each committee shall be appointed chairman by the President of the Association.
13.4. Vacancies. Vacancies in the Membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments.
13.5. Quorum. Unless otherwise provided in the Declaration or the resolution of the Board designating a committee, a majority of the whole committee shall constitute a quorum and the act of a majority of the members of the committee present at a meeting at which a quorum is present shall be the act of the committee.
13.6. Rules. Each committee may adopt rules for its own government not inconsistent with these Bylaws, the Declaration or the Rules.

They may not be exactly what I stated earlier, but they’re close.

If you want to make the case that my HOA is “unusual” - I most certainly will not argue the point.

Bill

Members of the various Committees are nominations by a. Nominating Committee. Although not mentioned in the bylaws this has been an ongoing SOP.

Our bylaws mention nothing of the President from appointing members or chairpersons. The bylaws state that serving is at the “pleasure” of the BOD. There have been members of the certain committees removed after being appointed by the BOD, not the President.

FS 617 says that, when the bylaws and AoI are silent as to the appointment of committee members, the board appoints them.

The issue becomes…there is no ARC as there are no homeowners appointed to the ARC. There have been 4 people who have volunteered, 2 with experience and 2 new to serving. The President is a memo said, when the suggestion from another BOD member, after being g told of the 4 members of the Association were interested, simply said the BOD has voted and and has no interest in revisiting the issue.

Thanks for input. Should be interesting to see what happens going forward.. will post with an update to this saga.

I get what you’re saying. Around here, pragmatically, if Mr. X is really interested in the new ‘European’ club, they’ll volunteer to the Board or the President, get appointed as Chair, and then invite his friends Midge, Chris, Billy, and Warren, and perhaps any interested passing stranger to join. Although typically with large committees, most members just eat Vienna sausages and sleepwalk through their private lives.

[I tried, but I couldn’t fit Astradyne, Western Promise, or All Stood Still in there]

Bill

Every HOA doc I have read is clear the board can throw out an ARC decision.

If the board can remove members of the ARC, then the Board can throw out ARC decisions.

You state the Board disbanded the ARC, which is their right to do so when the members are not performing their duties properly.