HOAleader.com - Tip of the Week - April 5, 2013
Published: Fri, 04/05/13
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The HOA's ARC: Not to Be Confused with a Building Inspector
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In this week's tip, wetackle the question of the
responsibility of the architectural review committee
for enforcing local zoning and building laws.
In short, it's not their job.
"It really depends on what the bylaws provide, and
they're usually very specific," explains Robert Galvin,
a partner at Davis, Malm & D'Agostine PC in Boston
who specializes in representing condos and co-ops.
"They usually state that in addition to whatever
criteria the ARC has, the unit owner proposing to
make changes has to comply with local law, which
means the owner has to get valid building and
occupancy permits. And generally speaking, the ARC
doesn't have to vet that. It's up to the owner to do
that. The ARC really doesn't enforce local laws."
Perhaps that's because that's not what ARCs have
been set up to do. "That's not really the intent
or intended role of an ARC, to ensure compliance
with governmental regulations," says Matthew A.
Drewes, a partner at Thomsen & Nybeck PA in Edina,
Minn., who represents associations. "The intent
is generally to ensure some kind of continuity and
harmony between the appearance of association units.
To many, that's the appeal of the association, that
things look consistent and that they aren't subject
to whim of someone who likes purple or something
else shockingly different. Nor do we really want
them to start thinking they know or should be
applying governmental regulations."
Jenny Key agrees. "I don't think an association has
the authority to do that," says the Austin, Texas-based
vice president of RealManage, a San Rafael, Calif.,
association management firm that oversees properties
in Arizona, California, Colorado, Florida, Louisiana,
Nevada, and Texas. "Cities and counties are looking
more for things like structural integrity and structural
setbacks, and an ARC is looking for compliance with
architectural restrictions and architectural harmony.
ARC members are volunteers, and they often don't know
the number of support posts needed in a particular
construction."
So what's the appropriate response when an ARC suspects
local laws may not be followed?
First, be sure to state, in writing, that it's the
owners' responsibility to get all the necessary
government approvals. "Many associations add a
statement to approval letters saying something like,
'The association's approval doesn't constitute approval
at the local or state level. The owner is responsible
for seeking those approvals,'" explains Key.
That's not the only written disclaimer your ARC
should include on every approval it issues. Get more
information, along with tips on how the ARC should
proceed when owners are blatantly breaking local laws,
in our new article:
http://www.hoaleader.com/members/835.cfm
Best regards,
Matt Humphrey
President
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Recent articles posted at HOAleader.com:
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Did That Board Member Really Say That? And Who Leaked It?
In this week's tip, we reveal the lessons of "catgate," which prompted the
resignation of an Arizona HOA board member after he proposed the
association shoot a fellow owner for feeding feral cats, according to
AZfamily.com.
Click here to read full article:
http://www.hoaleader.com/public/Did-That-Board-Member-Really-Say-That-And-Who-Leaked-It.cfm
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Watch Your Lip: When a Board Member's Mouth Gets in the Way
A board member in an Arizona HOA resigned after proposing the association
shoot a fellow owner for feeding feral cats, according to AZfamily.com.
It's an extreme example, but here our experts discuss the types of comments
board members should be wary of making even when they think they're engaged
in private conversations.
Click here to read full article:
http://www.hoaleader.com/members/Watch-Your-Lip-When-a-Board-Members-Mouth-Gets-in-the-Way.cfm
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How to Get Your Nonfunctioning HOA Operating Again
In this week's tip, we throw a lifeline to board members at associations that
have never operated much as an association and want to get back on track.
Click here to read full article:
http://www.hoaleader.com/public/How-to-Get-Your-Nonfunctioning-HOA-Operating-Again.cfm
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Restarting Your HOA? Where to Begin
Here's a question from an HOAleader.com reader on a situation that happens
more often than you might imagine: "We have four units in our building and
three owners. Currently we have a property management company, but we have
not been happy with them for some time and are looking to start new. However
since Hurricane Sandy flooded our basement, I have come to realize that I
need to know more. We have never had a formal board meeting and a few weeks ago
was the first time all three owners were on a call together. My question is
does anyone have advice on where to start?"
Click here to read full article:
http://www.hoaleader.com/members/Restarting-Your-HOA-Where-to-Begin.cfm
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Are HOAs Taking Security Too Far?
In this week's tip, we discuss whether your HOA should build a police force to
begin raiding owners' homes for rules violations.
Click here to read full article:
http://www.hoaleader.com/public/Are-HOAs-Taking-Security-Too-Far.cfm
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