Architechual Control Committee

Started by PatriceN • 6 replies • 1332 views

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

⚡ Takes 30 seconds

Already a member? Log in

PatriceN (Texas)
Posts: 5

Posted:

We are a young community controlled HOA trying to get our minds wrapped around how to do things. We are struggling with how to manage the ACC. We have our CCRs telling us what the restrictions are but there are no proceedures on how to impliment them. Who should make these proceedured, the Board or the ACC? Should the board be recieving any complaints or request then forwarding them to the ACC or vice versa? Should the board evensee copies of all of what comes through the ACC and the violations they send out? Should the Board audit the ACC? Should members of the ACC be able to also be on the board? What is the typical appeals process for Association members who recieve violations? Do they appeal to the board or the ACC?

Any guidence would be greatly appreciated.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Patrice,

First of all, the ACC is a committee of the BOD and work at their sole discression. The Board can set the policy of how violations are handled.

The Board will instruct the ACC to create a guideline manual or worksheet on the more specifics of the how, whats and etcs, written from your CC&Rs. You need to be specific in what you want to control. Fences are always a challenge so you need to be specific like color, material, heights, locations , all following local codes as well as the CC&Rs. House colors, landscape, additions--can they be built? This is a must in order to have the standards for the homeowners to follow. You should have no gray areas

Once you have this written, then it is the Boards responsibility to vote it into the standards or not. Violations will be monitored by the ACC but enforcement becomes the Boards responsibility--if your governing documents do allow for that.

DwightT (Idaho)
Posts: 664

Posted:

Quote:

Posted By DonnaS on 04/06/2009 10:06 AM

Violations will be monitored by the ACC but enforcement becomes the Boards responsibility--if your governing documents do allow for that.

That actually brings up an issue we are having: Since enforcement can involve fines and even legal action, does the final decision on what and how to enforce have to stay with the Board or can that decision be delegated to a committee?

DonnaS (Tennessee)
Posts: 5,671

Posted:

Dwight,

As all final decisions rest with the Board, I would say that it is the Boards duty, not anyone elses. The committee can write up the violations but enforcement should be Board or a seperate enforcement committees job. Florida Statutes require a special committee that are specifically trained in how to follow thru on a violation to be responsible for enforcements. But as always, under the control of the BOD.

JohnO6 (Georgia)
Posts: 424

Posted:

Simply stated, Boards can delegate their responsibilities to committees that they create, but the Board cannot delegate it's accountability for the committee's actions.

GinaA (Florida)
Posts: 9

Posted:

Dwight, you stated " Florida Statutes require a special committee that are specifically trained in how to follow thru on a violation to be responsible for enforcements. But as always, under the control of the BOD."

Could you tell me where you found that?

I am on a Board, in Florida, and the past Board was suing homeowners and 1) I don't believe there was ever a board meeting or community meeting held on the issue and 2) would like some guidance, as the new BOD, on how to manage violations. We are faced with the past BOD's decisions as it is now affecting our budget. There are homeowners that have hired personal attorneys to fight the lawsuits, which I have to add were unjust. The new BOD will potentially have to pay higher lawyer fees as I am being told that we cannot dismiss the lawsuits. Apparently we (the new Board) cannot override the old Board's decisions.

If you could give me any advice, I would greatly appreciate it.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Gina,

It is 720:305-2 This is just part of the Statute

(a) A fine or suspension may not be imposed without notice of at least 14 days to the person sought to be fined or suspended and an opportunity for a hearing before a committee of at least three members appointed by the board who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee. If the committee, by majority vote, does not approve a proposed fine or suspension, it may not be imposed

🎯 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