Court Rules Unilateral ARC Decision is Not Valid
Declaration provided from the creation of an Architectural Review Committee (“ARC”) consisting of at least 3 members. If no committee was appointed by the Board, the Executive Board would perform all duties of the ARC. During period of Declarant control, the Declarant would appoint the ARC members.
The Declaration also set forth the powers of the ARC, which included the approval of plans for building and site improvements, and a provision stating that if the ARC failed to approve or disapprove a request within 45 days after required plans and specifications have been submitted, the approval will not be required. The Declaration also contained provisions concerning the construction of fences, and required that the design, placement, and materials of any fence had to be approved by the ARC.
The fence requirements were modified by Design Review Guidelines (“Guidelines”) that were adopted by Association in 2014, and which addressed the types of fencing that homeowners would be permitted to construct on their lots. The Guidelines stated: