Architectural Control Board Committee's acting outside the box

Started by RayB5 • 8 replies • 1832 views

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

⚡ Takes 30 seconds

Already a member? Log in

RayB5 (Florida)
Posts: 8

Posted:

Good evening: Has anyone else experienced problems with their ACB Committees acting like they are above the Board of Directors, not providing committee reports or establishing new guidelines as requested by the Board after an initial turnover from the developer, making public comments like the Board has to follow their direction in terms of implementing policy or installing such things as new gates? If our Bylaws and docs do not specifically say what the Board can or cannot do to censor, suspend or remove any ACB member or the entire ACB Committee altogether, for actions not consistent with Board direction, what recourse do we have as a Board to deal with ACB Committees that believe they can operate as a separate entity and do not have to get Board approval for anything they do or rules they create? I have heard in Florida where other HOA's have had to fire the whole ACB Committee and take over their duties themselves or appoint new members. Any advice is greatly appreciated. Thank you

SusanW1 (Michigan)
Posts: 5,202

Posted:

A rogue committee?

I am sure that the FL people will chime in.

But first a question: How did the members of this committee get established?

MaryA1 (Arizona)
Posts: 7,043

Posted:

Ray,

I would suggest you thoroughly reviewing your gov. docs. to see exactly how much authority the a/c committee has. How is the committee formed? Are they required to report to the board or do they operate autonomously?

RayB5 (Florida)
Posts: 8

Posted:

Our ACB Committee is part of our community docs, they (the three member committee) were appointed by the BOD's and they are not supposed to operate with autonomously. Our docs in Florida does allow for them to make reasonable rules and enforce our documents as well. Our docs to not state they are suppose to submit committee reports but as I am told Florida statue states standing committees are suppose to operate like Boards and they committees serve at the pleasure of the Board. One of the problems we are having with them is that they are trying to act autonomously and without oversight from our Board; they have stated that they do not need to get Board approval and the Board should not be sticking our nose in their business. Our Board has recently approved projects to improve security in our committing by replacing broken gates, installing new electronic locks, a bicycle rack and a few other items. Our ACB Committee has accused our Board of being in "violation" for not going through them first and has stated that the Board is not immune to their rules, they have gone as far as using their own attorney for reviewing their rules, when the HOA Attorney should be reviewing them; our ACB is beginning to act like a rouge committee. And they refuse to submit committee reports and minutes from their meetings.
Thanks for your help and guidance.

Raymond

SusanW1 (Michigan)
Posts: 5,202

Posted:

Who is paying for "their" attorney?

This Committee does not exist without the governing Board.

Call a meeting of the Board and the Committee; go into Executive Session and hash this out. It seems that the "job description" of this committee is not clear.

RayB5 (Florida)
Posts: 8

Posted:

Part of the other problem is that the guidelines they are working off of are the ones the developer created to favor the builder when they were here; now that they are gone it would take 2/3 of all the 325 homes to vote a change to our docs. Our current docs do not clearly state that the ACB Committee has to report to our Board and seems to favor the ACB. It is my understanding though that the Board has to approve anything this committee does because ultimately it is the Board that is responsible for the community and not any committee including, our ACB.

SusanW1 (Michigan)
Posts: 5,202

Posted:

Default structure is that a "Committee" reports to the Board. It cannot enter into contracts or act independently as an entity.

The HOA is liable for all actions of committees under its scope. The committee has confused its "duties" with having the power to act.

You seem to think that this committee has some superior power above and beyond the Board. (you said CCRs "favor" them) Please list their powers as stated in the CCRs here so we can discuss.

Otherwise, this committee has no more power than the annual picnic party committee. It can't "act" on anything unless the Board charges them with or approves it OR your CCRs or bylaws say it has certain powers.

MicheleD (Kentucky)
Posts: 4,491

Posted:

On the other hand, the board doesn't necessarily have to "approve" everything the Arch Committee reviews.

After all, that's why you have the committee, so the board isn't micromanaging the Arch Review process.

However, the committee certainly should have reporting obligations to the board.

I find it quite surprising and not at all a good thing that they have their "own" attorney.

Sounds incredibly unusual to me.

BradP (Kansas)
Posts: 2,640

Posted:

Ray:

Your board better step up now and do its job. As others have said the committee serves at the pleasure of the board. They should never have an attorney of their own, that should go through the board. If I were the president of this association I would clean house on the committee and appoint new members. They need to realize where they fall in the food chain...

🎯 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