Arch. control guidelines

Started by SureshD • 11 replies • 1576 views

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SureshD
Posts: 268

Posted:

As I have mentioned before I am on the Architectural "control" (approval) committee in my HOA.

There is a statement on the application form that basically states that if you are behind on maint. payments the application will not be processed (considered).

Let's assume that this was properly motioned, voted, thus passed and recorded in a BOD meeting's minutes (I have doubts at this time but... anyways).

The CCR's have NO language to this effect and only state the usual "consistent" with the, materials, local build. codes, appearance of the community, blah, blah, blah.

Does this sound "legal" or better yet enforceable?

TIA, Sam.

GlenL (Ohio)
Posts: 5,491

Posted:

IMHO - NO

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,059

Posted:

Sam,

Having that language on the form only and not an adopted policy or bylaw would not fly in my HOA. Additionally, our State (VA) Law says that any application received but not acted on within 30 days is an automatic approval. So, in the Commonwealth of VA language of that type could be illegal.

You might want to check FL laws to see if they have similar language.

Tim

SureshD
Posts: 268

Posted:

Yea Tim,

I don't think it is "legal" either. Plus, even thought currently one BOD member is on the committee, the ARC committee proper has no knowledge of who is behind in payments or not.

Also, we have the same 30 day automatic approval clause in the CCR's as well.

I don't recall any FL720 language either.

JeffT (Maryland)
Posts: 83

Posted:

I would think that IF AND ONLY IF the governing docs gives the BOD the power to adopt rules and regulations that they could, provided they followed proper procedure in adopting this rule and it does not conflict with the docs.

Our docs also has the clause that specifically states no architectural approval if assessments are not current.

Are docs also gives the BOD/Arch Committee the absolute right to approve or not approve any change requests.

If your docs has this then I guess it is just a policy statement made by the BOD. Of course another BOD can change the policy.

I guess there are ways to enforce this policy depending on what in your governing docs.

SureshD
Posts: 268

Posted:

OK Jeff,

The docs. do give the BOD or a committee absolute authority. I'll have to reread about if they allow the BOD to adopt resonable rules for the Arch. Committee.

Thanks for the ideas on what to review.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Hey Sam,

The ARC already does have the authority under what you posted.

The ARC should have a set of guidelines for applications. In the beginning of that, we had a statement policy along with how the process works.

Policy---Members in good standing only will approved. In good standing means dues or maintenances must be current, etc. Committee under authority of the BOD has the absolute power to approve or disaprove an application. Owner may appeal, etc. (you write what fits your association)

Process----applications will be approved within X number of days. Correct form, application fee enclosed must be included along with (insert what you want), etc.

Then the guidelines MUST!!!!!! also be include and a copy to EVERY HOMEOWNER!!!!! must be sent out. The guidelines must be exact like colors allowed, types of fencing, structures, changes, landscape, pools and whatever else is stated in the CC&Rs. Don't forget, you cannot allow a pink house if the CC&Rs say, neutral colors only. Both the ARC guidelines and CC&Rs must match.

(I wrote the ARC manual for my HOA so, been there, done that.

SureshD
Posts: 268

Posted:

OK Donna but as Tim also mentioned the CCRs do specifically state that if not approved/disproved in 30 days it is auto approved. This then would require that the BOD or prop. mgr screen in advance or after for such a (behind on fees)condition.

Our HOA is run VERY POORLY which is why I am on this committee to assure SOMETHING is done as correctly as the current environment will allow.

Most people do what they want then wait to see if an application is sent to them to fill out afterwards.

You will likely "hear" this sentiment from me again as I posted in my OP (original post) about my doubts about finding where this clause is recorded in minutes, etc.

Recently a HO asked me what colors lot 17 used so he could copy. I said call the PM and ask. The PM said we don't keep records, go ask the HO! WHAT I said!
Likely he probably is too lazy to look it up. I hope if a HO went to the office he could look thru the approved forms to find the info. but???

This is typical of his efforts and our HOAs MO.

This type of "rule" sounds punitive and I'm not sure we can refuse someone to modify their propety for this reason. I don't even want to discuss how someone coud afford to paint their house if they owe maint. fees.

It could stand but I am willing to hear others opinions

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sam,

I assure you that the Florida Statutes 720:3035 do not have a 30 day limit on an ARC approval. I am not sure if your CC&Rs or Tims have the 30 day limit? Is it yours?

The problem seems to be that your HOA has not enforced change applications and now that the horse is out of the barn, it will be tough to rein this in.

Apparently lot #17 did not get approval for his paint change because if he did, the record of it would be easily available. Who has been doing the approvals up to this date?

SureshD
Posts: 268

Posted:

Donna,ohter curious folks,

I may have confused you.

Here's an experiment, see if you can paste this address below into your browser and access our docs. without the usual database access methods. It is our recorded docs...

http://oris.co.palm-beach.fl.us/or_web1/details.asp?doc_id=1497103&index=0&file_num=19980377801

If you can page 8 & 9 contain the ARC language.

I am curious if this works for you as I can easily have folks review for their opinion in the future.

I tried this and it worked for me even after closing my browser. But maybe a "cookie" or other means is allowing it since I originally accesssd it throught the typical means.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Sam,
I got into her website but could not access the document using the number that you posted. If you want me to look at it, you can e-mail my HOA account at [email protected]

SureshD
Posts: 268

Posted:

OK Donna,

It is actually the PB county public records database. I'm not surprised it didn't work.

I cannot cut/paste/post from the dbase either so I will have to create a PDF and send it to you later.

Thanks, Sam

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