Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding committees and HOA Boards. It reads as follows . . .
QUESTION. In our CC&Rs, it says that failure of the architectural committee to act within 30 days after the plans have been submitted shall constitute approval. Then it goes on to say that actions of the committee may be appealed to the board. What does this mean? I don’t believe we have a committee. Only a board consisting of three homeowners. Would the committee and board be one in the same? – Ruth G.
ANSWER. In your case, yes, they are the same. It is common in small associations for boards to take on the role of architectural committee. It’s because they can’t get anyone to volunteer to be on the committee. In large associations, it is common to have an ARC composed of volunteers, with an architect hired by the association advising the committee.
If the ARC turns down a set of plans, the applicant has the right to appeal the decision to the board. (Civ. Code § 4765(a)(5).) When the board is the ARC, there is no one to appeal to and the committee’s decisions are final.
RECOMMENDATION: You should add something to your rules that the board is the architectural committee and applications should be submitted to the board.
DISCLAIMER. The Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel. You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.
