What is the ACC and Who Do They Think they Are?

1. What is the ACC and Who Do They Think they Are? You Can’t Tell Me What to Do! Mike Howe Wells Branch ACC

2. 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”

3. 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

4. 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

5. 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.

6. 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.

7. 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

8. 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