The ARC committee plays a vital role in the operations of a community association. Comprised of volunteer homeowners, this committee holds many responsibilities, including the duty to ensure compliance with architectural standards. Without these standards in place, an HOA would have no way of maintaining consistency and appeal within the neighborhood.
What is the ARC Committee?
Short for Architectural Review Committee, the ARC is responsible for ensuring the standardization of exterior home appearances within a homeowners association. This committee must review any architectural change that a homeowner wishes to make. By carrying out its duties, the ARC committee helps enhance curb appeal and preserve property values.
The ARC manages the approval process for architectural improvements and modifications. This committee reviews each application and makes a decision or recommendation based on whether the application aligns with architectural standards. In doing so, the ARC can ensure consistency and uniformity in terms of home appearance and character.
If a homeowner violates an architectural guideline or proceeds with modifications without approval, the ARC is also responsible for enforcing penalties. These penalties can vary from one community to another, though they usually involve monetary fines.
It is more common to encounter ARC committees in larger associations. This is because the HOA board may struggle to assume the roles of the ARC and review applications for changes in a community with hundreds of homes. In contrast, smaller associations may not require a separate ARC committee, instead delegating the responsibility to the HOA board.
Other names for the ARC include:
- Architectural Control Committee (ACC)
- Architectural Review Board
- Design Review Committee
- Landscaping Review Committee
- Art Jury
What is the Purpose of the HOA Architectural Review Committee?
The purpose of the ARC committee is to enforce the architectural rules and standards of the association. This committee is responsible for updating the architectural guidelines, ensuring homeowners comply with them, and approving or denying applications for changes. The objective of this committee is to uphold the community’s architectural rules, thereby maintaining the association’s aesthetic and character.
Homeowners might feel frustrated with the architectural approval process. After all, one of the perks of owning a home is the freedom to make changes to it. While architectural standards might seem like an added burden, they exist for a reason. Architectural standards ensure uniformity and consistency, which helps maintain appeal and preserve property values.
In the end, homeowners will genuinely benefit from complying with HOA architectural guidelines. Their property values will either increase or remain the same, thereby protecting their investment and potentially even yielding a profit if they sell.
Who Can Join the ARC Committee?
In theory, any homeowner may volunteer to join the Architectural Review Committee. That said, each association may have its own guidelines and eligibility requirements when it comes to committees, ARCs included. In Texas, some residents are barred from serving on this committee.
According to Texas Property Code Section 209.00505, the following people may not join the ARC:
- Current board members
- Spouses of current board members
- Residents living in the household of current board members
HOA Architectural Review Committee Responsibilities
The responsibilities of an ARC committee can vary depending on the association. It is best to check the governing documents, particularly the CC&Rs, to understand the exact architectural rules of the community. Additionally, the duties of the ARC are outlined in the committee charter.
That said, the duties of the Architectural Review Committee typically include the following:
- Overseeing the architectural review process;
- Conducting inspections to spot any violations of design rules;
- Applying architectural standards consistently and impartially;
- Informing residents about the design rules and any updates;
- Evaluating existing guidelines and suggesting updates to the board; and,
- Providing recommendations for board decisions.
What is the HOA ARC Committee Process?
Before homeowners can make changes to the exterior of their properties, they typically must undergo an architectural review process. This process, overseen by the ARC committee, involves several steps: application or proposal submission, review, and decision.
1. Application
It all begins with the application. Homeowners must complete a form and submit all necessary documentation. Standardizing this step helps expedite the process and reduces the need for multiple back-and-forth exchanges.
Application forms usually ask for the following details:
- The nature of the proposed addition or modification;
- The intended use of the addition or modification.
- A complete list of materials to be used, including paint colors and finishes;
- Design plans or blueprints for the project;
- Contractor information, including licenses, permits, and proof of insurance;
- Estimated completion timeline;
- Planned working hours; and,
- Other relevant project details.
If the project is expected to create a disturbance or nuisance for neighbors, the ARC may also require homeowners to obtain their neighbors’ signatures. This acknowledgement helps prevent disputes down the road.
2. Review
Upon receiving the application, the ARC will then review it. This review ensures that the application checks all the boxes and aligns with the association’s architectural standards. If the committee requires additional information, it may contact the homeowner and request supporting documentation.
3. Decision
After reviewing the application, the ARC must then make a decision. It is essential to make this decision in good faith and with reasonableness. The ARC must consistently, transparently, and fairly make all decisions.
According to Texas Property Code Section 209.00505, if the ARC denies a homeowner’s proposal, the committee must send written notice of the decision via certified mail, hand delivery, or electronically. This notice must detail the basis for denying the proposal. If the owner can make any changes to the proposal that would lead to approval, the committee must also list them in the notice.
The notice must also provide the owner with the opportunity to request a hearing before the association’s board of directors within 30 days of the mailing date. This hearing allows both the owner and the board to review facts, talk through the matter, and try to resolve the denial of the owner’s application.
In some communities, the ARC doesn’t have final decision-making power. Instead, this committee only reviews applications and makes recommendations to the association board. The board then has the final say.
Consequences of Noncompliance With ARC HOA Rules
Homeowners must always obtain approval from the Architectural Review Committee before proceeding with modifications or improvements. If a homeowner skips this step, it may lead to a violation, which can result in a monetary penalty. Additionally, the homeowner may be asked to reverse the changes and seek approval before restarting the project, all at their own expense.
A Wise Step
The ARC committee plays a crucial role in the long-term appeal and value of any community. Given its importance, boards should carefully select the members of this committee. Similarly, committee members should maintain transparency, accountability, and fairness in their decision-making processes. There is no room for selective or arbitrary enforcement.
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