As an HOA board member, you’ve likely encountered the acronyms ACC or ARC in your day-to-day operations, but what exactly do they stand for? More importantly, what roles do they play in the governance of your association? Keep reading as we break down the meaning of architectural review committees (ARC)/ architectural control committees (ACC), shedding light on their functions, responsibilities, and the important role they play in preserving your neighborhood’s charm and compliance.
What is an Architectural Control Committee/Architectural Review Committee?
Although the names may be different, it’s important to note that an architectural control committee and an architectural review committee are the same thing. This committee is responsible for reviewing and approving any proposed modifications or improvements to the exterior of homes and common areas within the association. Their role is important in preserving the visual harmony and property values within the neighborhood.
Homeowners wishing to make changes, such as adding fences, altering landscaping, or constructing additions, must submit detailed plans to the ACC/ARC for approval. The committee evaluates these plans based on the community's established guidelines and covenants, ensuring that all modifications are consistent with the overall design and character of the development. This process helps prevent unsightly or non-conforming alterations that could negatively impact the community's appearance and residents' enjoyment of their properties.
The Responsibilities of the ARC or ACC
Most people are aware of the importance of the HOA's bylaws, but also a large part of the governing element of most homeowners associations is their covenants, conditions, & restrictions (CC&Rs). These CC&Rs are the rules that govern the members of the association with regard to the requirements and restrictions on the use of their property. In order to enforce these regulations, the association creates a committee often referred to as the ACC or the ARC; there are several other variations used by HOAs. The ACC or ARC must use the community's CC&Rs as their basis to enforce its guidelines in maintaining the association’s values and missions as set forth in the CC&Rs.
The Purpose of the ARC or ACC
Ultimately, the purpose of creating an ACC or ARC in a community is to enforce the CC&Rs established by the HOA. Their mission is to abide by the guidelines set forth in the CC&Rs with the goal of maintaining the community's aesthetic by assuring each property owner is following the rules set forth within the document.
Oftentimes, the process of approval or denial through an ARC or ACC is frustrating for the homeowner members of the HOA. It is understandable that homeowners may feel inconvenienced or burdened by the need to conform to the community's CC&Rs in this manner. However, the ACC or ARC plays a critical role within the community, these volunteer committee members are in charge of making sure the community retains its appeal, uniformity, and overall property value, which ultimately benefits all of the homeowners.
The ARC or ACC With Regard to Local Law
The ACC or ARC must meet regularly to review applications for homeowners’ changes and modification requests to their property. The decision made by the ARC or ACC must conform with the CC&Rs created by the HOA. However, a commonly raised issue is whether the ARC or ACC must also abide by and enforce local building codes or laws.
An ARC or ACC has no legal authority to approve or deny local laws with regards to building codes and regulations. After all, these ARC or ACC members are volunteers that are not required to hold any kind of specialized knowledge in construction, zoning, or licensing.
The ARC or ACC members are not building inspectors; they are simply volunteer committees often appointed by the association’s board of directors designed to enforce a community’s CC&Rs. Most CC&Rs have caveats that, in addition to all rules set forth in the document, homeowners must also comply with any and all local regulations regarding their property.
Diving deeper into the issue of local law; a further question arises of whether an ARC or ACC must notify a homeowner if they are aware the homeowner is non-compliant with a local building or property code. It is not the responsibility of the members of the ARC or ACC to do so.
Although it would be good form to notify a homeowner if they are aware of something that may become a problem down the line regarding local laws, they are not required to do so. Most approvals of a request by the ACC or ARC include specific wording that the burden lies on the homeowner to ensure that they are in compliance with any local laws.
