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Learn about the role of the ACC in maintaining neighborhood standards, protecting property values, and handling disputes. Discover best practices to avoid conflicts and ensure fair enforcement.
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What is the ACC and Who Do They Think they Are? You Can’t Tell Me What to Do! Mike Howe Wells Branch ACC
Who Is the ACC? • Architectural Control Committee • Created to bring some order and reasonable uniformity to neighborhood through written Covenants • Designed to Protect property values • Usually created at beginning with certain construction standards • Clear standards, process and enforcement actions • Standards • Two Trees • Sodded Yards • Percent of Masonry • Fence Design • Limitations to activity on property • No businesses • No farm animals • “Nuisance”
Who Is the ACC? • Architectural Control Committee • Initially controlled by Developer or HOA • Developer transfers to property owners over time • Generally voluntary committee • Process • Accept and review applications for modifications or new work • Follow covenants in decision making • Have objective standards • Adhere to timelines
Who Is the ACC? • Process • Provide easy application process • Uniform requirements for submission • Uniform standards conforming to covenants • Avoids being accused of acting in arbitrary manner • Know the law • Rainwater barrels, etc • Act in good faith based on application • Promptly review for complete submission • Ask for additional information in a timely manner • Make routine approvals promptly • It shouldn’t take 30 days to approve a standard storage shed • Recognize homeowner wants to move forward • Be consistent • Don’t let personal issues enter into decision
Who Is the ACC? • WHEN THINGS GO WRONG • Arbitrary and capricious actions have been taken. • Architectural standards must be applied fairly and consistently, across the board and in good faith. • You cannot pick and choose the enforcement of the covenants. • Delays • Must act in a timely manner or could loose ability to enforce some or all covenants • If there is a potential violation, the board must begin prompt action to assure compliance of the standards. • A waiver has been granted. • Failing to consistently enforce in similar situations may limit future ability to enforce. • Too much time has passed. • Thirty days means thirty days • Not acceptable to reject the owner on the 31st day.
Who Is the ACC? • WHEN THINGS GO WRONG • Dictatorial powers. • Committee referred to as the "KGB." • "prowling around the neighborhood with their clip boards, looking for violations." • Become obsessed with minor, petty violations and lose sight of reality and common sense. • Considerable money has been spent by homeowners/boards of on litigation that should never have been brought. • Try to work out an amicable resolution of the problem. • In the final analysis, boards and their architectural control committees must be firm but reasonable and flexible.
Who Is the ACC? • AVOIDING PROBLEMS • Clear and transparent process • Follow covenants and adopt clear standards and stick to them • Out buildings a certain size (ie: 8 x 10 x 8) • Be reasonable • Does 8 x 10 x 8 allow an adult easy access? • Solid record keeping • Paper trail or electronic trail • Reduces misunderstandings • Keep records in perpetuity • Avoids conflicts later • Records tied to property and not multiple owners • Enhances ability to enforce
Who Is the ACC? • ENFORCEMENT • Process depends on if HOA or MUD • HOA attorney’s can advise best practices, processes and enforcement • MUD can enforce but not serve as ACC Board • Requires clear definition of responsibilities • Requires close coordination between ACC and MUD • ACC approves submissions • MUD looks for violations • MUD enforces • MUD should maintain records for consistency