The ARC committee is one of the most common and important committees that an HOA can have. This committee helps the board enforce architectural standards, review change applications, and update the rules. Understanding how this committee works and what its duties are will allow the board to establish and manage it correctly.
What is an HOA ARC Committee?
The Architectural Review Committee (ARC) is a group tasked with preserving community aesthetics and property values by reviewing, approving, or denying exterior modifications. This committee consists of volunteer homeowners from the HOA. Their primary responsibilities include enforcing the architectural rules, reviewing improvement applications, and inspecting for compliance.
Other names for the ARC in HOA include:
- Design Review Committee
- Architectural Control Committee
- Architectural Review Board
What is the Purpose of the HOA Architectural Review Committee?
The primary objective of the Architecture Review Committee is to uphold the community’s standards. To do this, the ARC constantly inspects the neighborhood for violations to ensure owner compliance. The ARC also oversees the architectural approval process. This process sees owners submitting proposed changes to their home exteriors for review by the ARC committee.
Technically, it is the HOA or condo board’s job to maintain aesthetic standards. Of course, board members often can’t perform their duties alone, especially in a large neighborhood with hundreds of units. Boards rely on committees, such as the ARC, to assist with fulfilling their roles.
HOA Architectural Review Committee Responsibilities
Exact duties can vary from one association to another. It is important to review the governing documents or the committee charter. That said, the general roles and responsibilities of the ARC committee include the following:
1. Review and Approve Applications
The ARC evaluates homeowner applications for exterior changes. This can include landscaping, paint colors, fences, or even structural additions. Approval rests on whether or not the applications comply with the architectural guidelines.
2. Inspect for Violations
Members of the ARC periodically walk through the community to identify violations of the architectural rules. For example, if an HOA only allows white front doors, a home with a green front door would be in violation.
3. Enforce the Guidelines
Consistency is imperative when it comes to community aesthetics. It’s the whole point of the architectural guidelines. The ARC ensures compliance by enforcing these guidelines. When a violation occurs, the committee takes action.
4. Update Architectural Standards
Architectural rules don’t stay the same forever. It is the ARC committee’s job to assess existing standards and make recommendations for changes to the board. The HOA board has the final call on whether or not to apply these changes or propose them to the membership as an amendment.
5. Communicate and Educate Residents
Residents may not be aware of the community’s architectural standards. The ARC is responsible for educating residents and disseminating relevant information. This includes details on the application process, timelines, and design requirements.
6. Keep Records
The ARC committee must maintain detailed records of all submitted applications, approvals, and violation notices. These records create a paper trail, which can come in handy when resolving disputes or making future decisions.
Understanding the ARC Approval Process
Having a standard application procedure helps with fair and consistent enforcement. It also allows owners to prepare their applications and set expectations. While exact steps can vary, the ARC review process generally consists of the following:
1. Application Submission
First, the Architectural Committee will receive the completed application from the homeowner. This application should include all pertinent information, such as:
- Basic owner and property information
- Detailed project description
- Plans, drawings, and specifications
- Materials and product information
- Contractor details
- Project timelines
2. Acknowledge Receipt
After the ARC committee receives the application, it should notify the owner. This simple acknowledgment can help ease worries and show residents that the committee is following procedure.
3. Application Review
Then comes the review proper. The ARC must always act in a fair and consistent manner, applying the guidelines equally to all residents. Applications must be reviewed according to the community’s standards.
4. Supporting Documentation Request (If Applicable)
Sometimes the owner’s application is incomplete and requires additional information or supporting documents. The ARC committee can ask the owner to supply these, thereby extending the approval process.
5. Decision or Recommendation to the Board
Depending on the HOA, the ARC committee will either make the decision or recommend a decision to the board. For the latter, the board holds the final call. After the decision is made, the committee should communicate it to the owner.
What Happens When Owners Violate the Architectural Rules?
When an owner violates the architectural rules, the ARC committee must follow the standard violation procedure. In Maryland, Section 11B-111.10 (for HOAs) and Section 11-113 (for condos) outline specific requirements.
First, the association must send the owner a written notice that explains the violation and how the owner can fix it. No fines or other penalties can be applied before sending this notice.
This notice must also give the owner at least 15 days to correct the issue. If it’s a one-time violation, the HOA can warn the owner that repetition may result in penalties.
Sometimes, the owner has already made the change without approval. To remedy this, the owner must reverse the change and go through the proper approval process. Owners will have to pay for the reversal out of pocket.
If the owner fails to fix the issue or repeats it within 12 months, the HOA must send another notice. This second notice must explain the violation again and tell the owner that they have a right to request a hearing (with instructions) within 10 days. Potential penalties must also be listed.
If the owner asks for a hearing, the board must schedule it and provide notice. This hearing must take place in executive session. Here, the owner can present evidence, call witnesses, or cross-examine the HOA’s evidence.
After the hearing, the board will decide the outcome. The meeting minutes must reflect the decision and any penalties. Penalties can include fines and a suspension of privileges. If the owner refuses to comply, the HOA can even sue for damages or ask the court to order compliance.
Assigning Roles
The ARC committee plays a central role in upholding the community’s aesthetic standards. While the board can absorb the responsibilities of the ARC, larger communities must often rely on separate committees to share some of the board’s workload. In such cases, the board must set the duties and limitations of the ARC.
Majerle Management, Inc. provides management services to HOAs and condo associations in Maryland. Call us today at (301) 220-1850 or contact us online to get started!
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