![]() ![]() What legal duty do these committee members owe? And to whom or what? We have written on fiduciary duties in the Community Association context in the past. By way of example, if the declaration says all houses have to be a similar exterior color and the color scheme in the neighborhood is neutral colors, it follows then that the committee/board should reject a resident's application to paint the exterior of a house neon green. In fulfilling this role, they act as gatekeepers to aesthetic changes to homesites in the community, and they, again in theory, are bound by the requirements of the declaration. ![]() These committees play an important role in maintaining a community's character and aesthetic community-wide-standards. Whether dubbed an ARC, ACC, or an ARB, these committees are the body politic whom receive, consider, and render decisions on lot modification requests made pursuant to the community's architectural review process. The declaration in your community may refer to this group as the architectural review committee ("ARC"), the architectural control committee ("ACC"), or the architectural review board ("ARB"). Rather, most declarations provide for the establishment of a separate group, typically a committee of the Association, often made up of volunteers or appointees from the community membership, whose express and sole purpose is to oversee the community's architectural review process. While homeowners' associations are governed by a board of directors, the board itself is rarely charged with administering the architectural review process. ![]() This process is often described in declarations as "architectural review." Examples of modifications often subject to architectural review include constructing an addition, altering permanent landscaping, building a shed, adding a fence, or building a deck/patio to name a few. Through their declaration of covenants, conditions, and restrictions - commonly referred to as the "declaration" for short – homeowners' associations commonly specify an approval procedure for homeowners to follow and complete prior to making such modifications. FebruResidents of planned communities often must obtain approval prior to making any modifications to their homes and lots. ![]()
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