The Role and Limits of the Deercreek Architectural Review Board
By Chris Kaniut, ARB Liaison
Introduction
Deercreek homeowners occasionally have questions about the purpose of your Architectural Review Board (ARB), including questions about exterior projects that should be submitted for approval. The focus and priorities of your ARB have evolved over years. Your current ARB focuses on helping homeowners get approvals for exterior projects that maintain the value of the community and are within the constraints agreed to by everyone who purchases a home in Deercreek.
Homeowners’ Associations (HOA’s) significantly influence residents’ experiences within their communities. Your ARB stands at the intersection of community aesthetics, property values, and homeowner rights and obligations Your ARB is entrusted with the delicate task of maintaining the aesthetic integrity of our community, but its powers are limited. Understanding your ARB’s role and its limits is essential for the HOA, and for homeowners, when managing community standards with personal expression.
The Role of Your Architectural Review Board
1. Preserving Community Aesthetics
The primary purpose of your ARB is to uphold your community’s aesthetic standards as set forth in your HOA’s governing documents and architectural guidelines. By reviewing proposed exterior projects, your ARB determines whether a proposed project aligns with the established aesthetic standards and published guidelines of your community.
• Consistency: Your ARB ensures that paint colors, exterior finishes, landscaping, hardscaping, fencing, roofing covering materials, and other changes to a
home’s exterior are consistent with your community’s overall aesthetic standards and published guidelines.
• Reducing discord: Your ARB aims to prevent exterior changes that could disrupt visual harmony, create a nuisance, or potentially harm property values.
2. Reviewing and Approving Exterior Projects
Homeowners typically must submit detailed proposals for exterior projects, including, but not limited to, patios/decks, changes to driveways, tree removals, roof covering replacements, exterior painting, new or additional fencing, swimming pools, and installing solar energy systems. The primary components of the application process are as follows.
• Application Process: Homeowners submit a proposal with plans, drawings, and descriptions of the proposed project.
• Review Criteria: Your ARB examines factors such as aesthetics, location, size, and impact on neighbors.
• Decision Making: Approval, conditional approval, or denial is communicated to the homeowner within a specified period.
• Please note that your ARB has limited authority to grant approvals where a proposed project would be within wetlands, conservation areas, and easements.
3. Balancing Community Standards and Individual Rights
Your ARB walks a fine line between upholding community standards and respecting the rights and preferences of homeowners. This involves considering reasonable accommodations, unique circumstances, and evolving design trends, while remaining faithful to the community’s governing documents.
4. Providing Guidance and Interpretation
Your ARB may interpret ambiguous provisions in the governing documents and guidelines and may provide guidance to homeowners. This may involve clarifying acceptable materials, advising on suitable designs, or helping residents understand the review process.
5. Record Keeping and Communication
Maintaining detailed records of all submissions, decisions, correspondence, and rationale for approvals or denials is a crucial function of your ARB, and is managed by your property management partner, which is currently Floridian Property Management Corp (FPMC). Transparency in communication helps avoid misunderstandings and potential disputes.
Limits of Responsibility and Authority
While your ARB wields significant influence within the community, its authority is limited and is subject to legal, procedural, and ethical constraints.
1. Bound by Governing Documents
Your ARB’s authority stems from, and is limited to, the provisions of the HOA’s covenants, bylaws, ARB Guide and other Deercreek Rules. If a requested project is not specifically addressed in these documents, ARB cannot arbitrarily create new rules but may interpret those rules if necessary. Also, the ARB can make updates to the ARB Guide, with Board of Directors’ approval. Your ARB cannot change or ignore governing documents. Changes to governing documents typically require a formal amendment process, and may require a vote by the HOA membership.
2. Subject to State and Federal Law
HOA boards, including ARBs, must comply with applicable local, state, and federal laws. Certain statutes may override or limit the ARB’s discretion, for example:
• Fair Housing Act: The ARB cannot use standards that discriminate on the basis of race, color, religion, sex, familial status, national origin, or disability.
• Right to Solar Access: Florida prohibits HOAs from unreasonably denying the installation of solar energy systems.
• Reasonable Accommodations for Disabilities: The ARB must make reasonable accommodation for residents with disabilities, such as ramps or accessibility
features but can evaluate the type/material/color of improvements.
• Compliance with the new Florida House Bill 1203 related to changes for HOA’s.
3. No Authority Over Interior Projects
Your ARB’s jurisdiction generally extends only to the exterior of structures, landscape, and hardscape. Homeowners typically do not need approval for interior projects. Published dumpster rules, however, apply to both exterior and interior projects.
4. No Arbitrary or Capricious Decisions
Decisions made by your ARB must be reasonable, consistent, and based on the criteria set forth in the governing documents and guidelines. HOA’s risk legal challenges if they act arbitrarily, inconsistently, or fail to provide clear justification for their actions.
5. No Retroactive Enforcement
Your ARB cannot retroactively apply new standards to previously approved or existing structures. Any changes to the standards generally apply only to future projects.
6. No Enforcement Powers
Your ARB can approve, conditionally approve, or deny applications. Enforcement of rules and addressing violations(such as imposing fines for exterior appearance or legal action) begins with the Deercreek property management partner, not the ARB.
7. Respect for Due Process
Homeowners have a right to attend ARB meetings, and have a specified amount of time to present their case for approval. Additionally, homeowners have a right to notice and an opportunity to be heard before adverse decisions are finalized. Your ARB must follow fair procedures and respect the community’s dispute resolution process.
Conclusion
Your ARB is a cornerstone of your community’s efforts to maintain a cohesive and attractive environment. Its role is both administrative and interpretative, balancing the collective vision of the community with the needs and rights of individual homeowners. However, your ARB’s authority is limited by Deercreek’s governing documents and by overarching legal frameworks. For both Board of Directors of the HOA and homeowners, understanding these roles and limitations is vital for ensuring a harmonious, legally compliant, and thriving community.