Architectural Committee and Approval Process...Follow the Rules
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Architectural Committee and Approval Process...Follow the Rules
AMG is pleased to share with you two blog posts from the Black, Slaughter & Black law firm.
The first discusses the necessity of following formalities outlined in the association’s governing documents. In particular, approvals or denials must follow the express language of the declaration, including a properly appointed committee.
https://lawfirmcarolinas.com/blog/dont-screw-up-your-architectural-committee-approval-process/
The second blog highlights the difficulty in recovering the association’s legal costs (even when the association seems to prevail on relevant points).
AMG believes the takeaways from these two blogs are that it is:
1. Important to follow the formalities outlined in the governing documents for the community related to approving and enforcing architectural controls;
2. Educating community members on the importance of following the governing documents is crucial;
3. If the association does not approve an application, guidance should be given to the owner if possible (and not just a “declined”); and
4. The importance of communicating with owners to effectively gain compliance, before legal intervention is needed.
Not only will following these steps lead to happier communities; it will prevent the high and likely unrecoverable legal costs. AMG recommends community leaders discuss the architectural approval criteria and process (for their community) with legal counsel prior to taking action.
