You’ve lived in your community for a few years, and now you are determined to get more involved because you believe you can make a difference. Instead of jumping into the full commitment of serving as a Board member, you decide to ease into service for your POA and answer the call for volunteers to the architectural control committee (ACC), even though you are not entirely sure what that entails.
The ACC
Often, a community’s declaration (also known as restrictions or restrictive covenants) will require approval for any exterior modifications to a lot. The ACC, sometimes referred to as the ARC (architectural review committee), is responsible for reviewing homeowner applications for maintenance and improvements to their lots and/or exterior of their homes to ensure the improvements comply with the applicable restrictions and guidelines.
The deed restrictions and/or ACC guidelines serve to provide owners with information about what is and is not allowed, including, but not limited to, the approved colors of exterior paint, fence requirements, accessory structure requirements and more.
Following a call for volunteers, the Board will need to ensure all those who wish to serve on the ACC are legally able to do so in accordance with state law. For single-family associations, Sec. 209.00505 of the Texas Property Code places restrictions on who can serve on the ACC for communities that: (i) have more than 40 lots, and (ii) are not under developer control. In such communities, a person may not serve on the ACC if they are one of the following:
- A current board member;
- A current board member’s spouse; or
- A person residing in a current board member’s household.
The ACC Member’s Role
Now that you understand the role the ACC plays in the community, let’s discuss the role you will play as an individual member of the ACC.
First, it is important to carefully read the POA’s bylaws, restrictions, ACC guidelines, and other dedicatory instruments. These documents will serve as the guide for the decisions you will be making. If you have a question about a particular provision, you can discuss the issue with your fellow ACC members and, if needed, ask the Board of Directors to consult with your POA’s legal counsel.
When the application review process begins, every member of the ACC should be timely and thorough with their review. Many declarations contain an automatic approval provision whereby any application which is not approved or denied within a specified amount of time (typically 30 days after receipt of the application) is deemed approved. Once the application is deemed approved it becomes extremely difficult, if not impossible, to require the owner to deviate from the submitted plans, even if the plans do not comply with the applicable restrictions.
Not all ACCs will have regular meetings and evaluations and decisions may have to be made via email. Therefore, it is crucial the ACC members be clear in their communications, especially if you are the member responsible for communicating with the homeowner applicant.
During the review process, as an ACC member, you should analyze an application for compliance with the applicable restrictions and guidelines. If there are no compliance issues, the application should typically be approved. If there are compliance issues or the application is missing information, share this information with your fellow members.
If a homeowner’s application is denied, Section 209.00505(d) of the Texas Property Code provides a denial letter must be sent to the owner by certified mail, hand delivery, or electronic mail. The denial letter must:
- describe the basis for denial in reasonable detail and changes, if any, to the application or improvements required as a condition of approval; and
- inform the homeowner that they may request a hearing before the Board of Directors on or before the 30th day after the date the notice was sent to the homeowner.
As a reminder, Section 209.00505 only applies to single-family communities that: (i) have more than 40 lots, and (ii) are not under developer control.
What’s Next?
Once the ACC committee has made its decision on an application and sent notice to the homeowner, the work of the committee on that application is complete. In the event a homeowner appeals a denial, that appeal process is handled by the POA’s Board of Directors.
Choosing to serve on the ACC committee in a community is a great way to be involved in POA functions. Committee members have important roles in ensuring the aesthetics of the community are maintained.. Due to changes to the law with Sec. 209.0505, having new volunteers become involved is more important than ever.
