Opinions wanted/Board/ARB

Condo issue.
Your documents do not include a mention of an ARB. They do allow for the Board to create Committees. If the Board elects to create an ARB, does that committee have enforcement powers and fining powers? In our documents the Board is granted the authority to issue fines for covenants violations.

So if you had a ARB committee, how would it work, and would amendments have to be made in documents. Or would the ARB serve as all other committees as an advisory panel to the Board?

Anna,
Looks like you are right. A person could get paranoid around here.
You could have made me feel better and took a stab at it.

My last shrink said to me, "Just because you are paranoid, that doesn't mean someone is not out to get you."

As far as the answer to my question, if I were to answer it, I would say:
The Board of a Condo can appoint an ARB committee with nothing more than a statement. There should be an ARB policy and directive. Any committee in a condo that is Board appointed should not have the power to fine, they could have the authority of notification and some discretion as to what that notification states as long as it is not punitive. If the Board wants to establish a fine or punitive schedule for ARB infractions, they must first amend the documents as directed.

aye, aye, aye, aye resounds throughout this thread.

Adults Required Behavior? Maybe not.

Architectural Review Board? Maybe....but usually THAT is an ARC (committee).

Now you've got me wondering. Hey Robert, I loved your answer to yourself. See, you knew the answer all along!

Robert,

If your docs give the BOD the authority to establish committees then they may establish an Architectural Review Board. However, depending upon what authority they want to give to this committee it may be necessary to amend the docs. The CCRs of my assn have a separate article entitled "Architectural Control" wherein it is outlined what the makeup of the Architectural Committee shall be. It's also stated that they have ". . .the responsibility and authority to control the architectural and aesthetic character of the property." They also have the authority to ". . .from time to time adopt, amend and repeal rules (the "Architectural Rules")" which "shall serve as guidelines to be used by the Architectural Committee in rendering its decisions". Appeals are handled by the BOD. The Architectural Committee reports to the Board each month but does not have to obtain approval for A/C modifications and can send violation notices and impose fines w/o board approval. IMO, if your board wants the Architectural Review Board to have the same powers as my assn's Architectural Committee, then, IMO, an amendment to the CCRs would be the best way to go. If, however, they only want the Architectural Review Board to review the requests for modification and check out possibile covenant violations that the board will take action on, then all they need do is appoint the committee and adopt a procedure for them to operate by.

I don't agree with your assertion that: "If the Board wants to establish a fine or punitive schedule for ARB infractions, they must first amend the documents as directed." If your docs give the BOD the authority to impose fines, the docs do not have to be amended to include the fine schedule. The fine schedule can fall under board-adopted rules. It may be necessary to adjust or change the fine schedule from time to time which would be rather difficult to do if is was a CCR restriction.

Robert,
I am just a little curious because of you being a condo, outside changes normally would not be done by an owner. Maybe a balcony railing or a patio fence but that seems to be a minimal amount of areas that could be changed. So perhaps that is why there is no ARB. Your association probably has restrictions on permanent barbeque placement, maybe awnings etc which would cover outside standards? Perhaps?