Many condominium and homeowners associations (HOAs) have an architectural control committee (ACC). Oftentimes, the Board of Directors assumes the role of the ACC rather than having a separate committee. Where the governing documents give the Board/ACC discretion over proposed architectural/exterior changes within the association, what are the limits to that discretionary power?
In a recent court of appeals case from the fall of 2021, intervening homeowners who were neighbors to a home subject to years-long litigation with the HOA appealed a trial court’s dismissal of their attempt to intervene. These homeowners were disgruntled because they did not like the settlement that was ultimately reached between their neighboring homeowners and the HOA. Continue Reading Architectural Control and your Community Association—Limits on the Discretion of the Board