Committees making rules?

My HOA has a committee for changes for colors, house, door, etc. Several months ago this committee allowed a drastic change to a garage door color and has the whole community upset. Two members of this committee were never notified that a petition was presented. Worse yet, the "board" never voted on this change, just the committee. Isn't this a violation of rules? Can this violation be undone? Can the board be sued? Help is needed asap.

If there is a committee appointed by the Board, what is the purpose. Perhaps to deal with color changes. Perhaps the committee is there to save the Board from reviewing each color change request. Perhaps the Board has other issues to deal with.

Have you asked either members of the committee or members of the Board how the approval process works? A phone call would probably get you some good answers.

Joanne,

Committees in Florida work under the authority of the Board of Directors. The Florida Statutes tell us that this architectural committee (ARC or ARB) must have exact written guidelines to follow in regards to colors, sizes and all restrictions when it comes to alterations of any outside landscape and structural change.

Your committee should have them to use and ALL residents should have them as well to use as a guidline for applications when permitting any change to the exterior colors. IF you do not have them, then either you better get them asap or you are S.O.L. They are written by committee or the Board and the Board votes to enact them.

"720.3035 Architectural control covenants; parcel owner improvements; rights and privileges.--

(1) The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel, or to enforce standards for the external appearance of any structure or improvement located on a parcel, shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

(2) If the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants provides options for the use of material, the size of the structure or improvement, the design of the structure or improvement, or the location of the structure or improvement on the parcel, neither the association nor any architectural, construction improvement, or other such similar committee of the association shall restrict the right of a parcel owner to select from the options provided in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants.

Au Contraire, Mon Ami,

Florida is a different animal. The Statutes 617 (Not For Profit Orgs) rules our Articles of Inc, which the O.P probably has in her own articles. It says and I know my HOA followed this

"617.0825 Committees.--

(1) Unless the articles of incorporation or the bylaws otherwise provide, the board of directors, by resolution adopted by a majority of the full board of directors, may designate from among its members an executive committee and one or more other committees each of which, to the extent provided in such resolution or in the articles of incorporation or the bylaws of the corporation, shall have and may exercise all the authority of the board of directors, except that no such committee shall have the authority to:

(a) Approve or recommend to members actions or proposals required by this act to be approved by members.

(b) Fill vacancies on the board of directors or any committee thereof.

(c) Adopt, amend, or repeal the bylaws.

(2) Unless the articles of incorporation or the bylaws provide otherwise, ss. 617.0820, 617.0822, 617.0823, and 617.0824, which govern meetings, notice and waiver of notice, and quorum and voting requirements of the board of directors, apply to committees and their members as well.

(3) Each committee must have two or more members who serve at the pleasure of the board of directors. The board, by resolution adopted in accordance with subsection (1), may designate one or more directors as alternate members of any such committee who may act in the place and stead of any absent member or members at any meeting of such committee.

(4) Neither the designation of any such committee, the delegation thereto of authority, nor action by such committee pursuant to such authority shall alone constitute compliance by any member of the board of directors not a member of the committee in question with his or her responsibility to act in good faith, in a manner he or she reasonably believes to be in the best interests of the corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances.

·

In our association we have an Architectural Review Committee, but they act only as an advisory committee (ie. they recommend that something be approved or denied). The Board has the final say, mainly becuase we are ultimately responsible for the decision.

Our documents state that the committee has the authority granted to them by the Board, however the design guidelines are set forth by the Board and may only be modified by the Board (as per our CC&R's).