Architectural Control Committee
In Texas, like in many other states, Homeowners Associations (HOAs) commonly have an Architectural Control Committee (ACC) tasked with maintaining the aesthetic and structural standards of the community. The ACC plays a powerful, if not tedious, role in ensuring that any modifications, improvements, or construction activities within the HOA comply with the community’s governing documents, including the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), bylaws, and any applicable design guidelines. Though many members of the ACC Board strive to be fair and reasonable, that is seldom the case, and the ACC power is more often than not abused. Here’s an overview of the ACC’s function, authority, and processes, particularly as they pertain to Texas:
Function and Authority
- Establishment: The ACC’s authority and function are typically established in the HOA’s CC&Rs or bylaws. These documents outline the committee’s role, powers, and the procedures it must follow when reviewing and approving or denying homeowners’ requests for architectural changes. The procedures and guidelines are normally contained with the CC&R’s that detail the exact procedure used to affirm or deny a request.
- Review Process: Homeowners wishing to make exterior changes to their property, including landscaping, additions, renovations, or new constructions, must usually submit a detailed request to the ACC for approval before commencing work. This process helps maintain visual harmony and property values within the community.
Guidelines and Standards
- Design Guidelines: Many ACCs have specific design guidelines that provide homeowners with clear expectations about the types of changes that are likely to be approved. These guidelines can cover aspects such as color schemes, materials, fencing styles, and landscaping requirements. It is common to have an structural plans developed by an architect, bids, and materials submitted to the Architectural Control Committee to obtain approval prior to beginning any alterations of the property.
Decision Making
- Timeliness: Texas law may specify timelines within which the ACC must make a decision after receiving a request. If the ACC fails to respond within the designated time frame, the request may be deemed approved, depending on the HOA’s governing documents. Though if a response is not forthcoming, the CC&R’s may stipulated that it is deemed denied, thus reading the CC&R’s are pivotal.
- Appeals: The HOA’s governing documents often outline a process for homeowners to appeal Architectural Control Committee decisions. This process allows for reconsideration of denied requests under certain conditions. If no procedures are contained within the governing documents, then Texas Property Code Sec. 209.00505 applies.
- Compliance with State Law: In Texas, the operation of ACCs and the enforcement of architectural standards must comply with state law, including any statutes that regulate the duration of deed restrictions and the powers of HOAs. Tex. Prop. Code Sec 209.00505 details qualification of board members, appeal process, and notice requirements for the ACC pursuant to Texas Law.
- Fairness and Non-Discrimination: The ACC must operate in a manner that is fair, consistent, and non-discriminatory. Decisions cannot be arbitrary and must be based on the guidelines set forth in the governing documents. Arbitrary and Capriciousness is a primary affirmative defense for a Homeowner to any alleged violation that the ACC alleges pursuant to its final decision.
Challenges and Disputes
- Dispute Resolution: Disputes between homeowners and the ACC are not uncommon. Many HOAs have dispute resolution procedures, which may include mediation or arbitration, to address conflicts arising from architectural control decisions. Though these are common in new CC&R’s, these dispute resolution procedures are lacking in older HOA Subdivisions.
- Legal Action: Homeowners who believe their requests have been unjustly denied may consider legal action. This is often the case because of the appeal Architectural Control Committee abuse and ignorance of the current procedures and police conferred by Texas Law.
The ACC is a police component of community governance within an HOA, attempting to dictate the community’s aesthetic standards and property values pursuant to the subjective beliefs of whoever is on the board of the ACC at that time.
Julian Nacol
Nacol Law Firm P.C.
Dallas HOA Attorney
(972) 690-3333
What is a Dedicatory Instrument for a Homeowners Association?
In Texas, a “dedicatory instrument” for a Homeowners Association (HOA) is a term that encompasses a wide range of documents that govern the establishment, operation, management, and maintenance of a residential community. These instruments lay out the rules, restrictions, obligations, and rights related to the properties and the homeowners within an HOA. The Texas Property Code, which provides the legal framework for the creation and operation of HOAs in Texas, specifically refers to and defines dedicatory instruments to ensure transparency, governance, and the orderly management of communities. These dedicatory instruments are initially created by a developer prior to the creation of the subdivision and govern the use of the land. Dedicatory Instruments maybe modified, altered, or changed by the community’s members in interest with a valid vote or depending on the type may be modified, altered, or changed by the Board of Directors.
Key Components of Dedicatory Instruments
Dedicatory instruments typically include, but are not limited to, the following types of documents:
- Declaration of Covenants, Conditions, and Restrictions (CC&Rs): This is often considered the primary document of an HOA. It sets forth the covenants and restrictions that govern the use of lots within the subdivision, including architectural controls, maintenance obligations, and the use of common areas and facilities. The CC&Rs also outline the rights and obligations of the homeowners and the HOA.
- Bylaws: The bylaws of an HOA detail the structure of the association’s governance. This includes provisions for the election and duties of the board of directors, the conduct of meetings, voting rights, and the manner of determining membership dues and assessments.
- Articles of Incorporation: If the HOA is incorporated, the articles of incorporation are a part of the dedicatory instruments. These establish the HOA as a legal entity and include basic information such as the association’s name, purpose, and the initial office and registered agent.
- Rules and Regulations: These are additional guidelines established by the HOA’s board of directors concerning the details of property use, maintenance standards, and other community policies not explicitly outlined in the CC&Rs.
- Plats: Plats are detailed maps that describe the layout of the subdivision, including the location of lots, common areas, and easements.
- Policies, Procedures, and Guidelines: These can include various rules or guidelines adopted by the HOA, such as architectural guidelines, enforcement policies, fine schedules, and procedures for resolving disputes.
Legal Significance
The dedicatory instruments are binding legal documents. Homeowners are generally required to adhere to the covenants, conditions, and restrictions set forth in these documents upon purchasing a property within the HOA’s jurisdiction. These instruments are recorded in the county’s public records to provide notice to current and prospective property owners.
Transparency and Access
Under Texas law, HOAs are required to make their dedicatory instruments available to members, ensuring transparency in governance and operations. Homeowners should be provided access to these documents upon request and often through the association’s website. Pursuant to a recent update in Texas Law the HOA are required to post CC&R’s and Bylaws on the website to insure the members have access.
Understanding the scope and implications of dedicatory instruments is crucial for both current and prospective homeowners, as these documents significantly influence the rights, responsibilities, and lifestyle within the community governed by an HOA.
Julian Nacol
Nacol Law Firm P.C.
Dallas Texas HOA Attorney
(972) 690-3333
NACOL LAW FIRM P.C.
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Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization