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ARC or Architectural Review Committee is a form of committee. Its purpose is to review and approve not only the exterior improvements that are proposed but also the common elements to an individual’s property or dwelling when the home is a part of a Home Owners Association (HOA). This committee is responsible for maintaining the integrity, architecture and uniformity of the property. However, they possess the right to have the final word regarding any decision that needs to be taken based on a homeowner’s request for any kind of improvement or change in the property. Below are answers to few of the more common questions about Architectural Review Committee: The homeowner wants to move from a HOA property because of the exposure of issues he or she had with ARC. But the seller of the home did not disclose these drainage issues of the community. What can be done?
The seller of the home could be sued by the person for misrepresenting the issues of the home. Moreover, the person can pursue for a breach of fiduciary duty claim through the council, if the ARC is breaking the laws and the board tends to ignore it. I think that there is need for extra plants which my homeowner does not agree upon. What is procedure to fight an architectural review committee decision regarding extra plants?
An architectural review committee usually has a larger perspective regarding the looks of a particular property. Therefore, when a person is dealing with the committee, he or she tends to abide by that perspective. The committee reserves the right to allow or disallow things. Now since the homeowner is made responsible for maintaining the property by the committee, he needs to do it as per the regulations given by the committee. Usually, when a homeowner invests in a HOA community, then the homeowner has no choice other than accepting what the committee decides for him, particularly if he has to maintain the property at his own cost. Can ARC take a satellite dish down, if a person has installed one by going against the committee? However, the person has not violated any other rules. The person has a rental townhome in Florida’s historic district where satellite dishes installation is not allowed by ARC.
The HOA is situated in Florida Historic District. Therefore, ARC has the right to restrict the looks as well as the things of the homes as per the historical district rules. The owner, in this case, would need to refer to the historical district codes for his or her area and verify if there is an exemption that the owner could come under. In case, the owner does, then the best thing to do would to take the issue to the court. But in case, the homeowner does not come under the exemption category, its best to follow the laws and remove the dish. Usually, a person who buys a home in a home owner’s association has to follow the HOA’s architectural review committee, their guidelines, rules and laws. However, as a homeowner it is always best to keep yourself informed about your and ARC’s rights, if you tend to get confused with the rules and regulations of the committee. If you need any clarification about your particular situation with respect to Architectural Review Committee, you may wish to ask a real estate lawyer.
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