However, CRA regulations only affect members` actual private property. Just as the authority of the board of directors set out in the declaration does not govern members` private property, cra guidelines do not govern what the association builds or does in common areas. Simply put, the board has the power to issue rules and regulations that deal with common areas – for example, pool hours when the pool is occupied by a lifeguard, things like that. Although the board of directors has the power to adopt Community rules and regulations, the Community declaration must give it specific power to regulate the standards applicable to lots. Basically, this means that the board only has the issues addressed in the statement and generally applies to common spaces/elements. In North Carolina, the rules for political signs in community associations depend on when your community was founded. In communities formed before October 1, 2005, the statement must explicitly state that you have the ability to regulate political signs (not just signs) so that you can prohibit or regulate political signs in your community beyond what state laws say. What happens if your community has no restrictions on registered characters? North Carolina law allows the board to pass a rule prohibiting political signs earlier than 45 days before an election and more than 7 days after the election. The size and number of characters can also be regulated. Note, however, that these rules cannot be more restrictive than local ordinances on political signs. So if you`re trying to say that only one sign per lot is allowed in your community, but the municipality or county allows three, three characters are allowed if your government documents don`t mention anything on the political signs. Architectural guidelines, review and enforcement are undoubtedly among the most confusing and controversial responsibilities of volunteer community leaders.
While reviewing applications, approving or rejecting them, and applying the guidelines may seem simple, there are many things to consider when considering architectural issues in your community. If you are familiar with state laws, know your authoritative documents, and adhere to certain best practices, board members can rest assured that they are acting in good faith whenever an application is submitted. What is the CRA/Who is it? The Architecture Review Committee (ARC), sometimes referred to as the Architecture Review Committee (ARB), is responsible for managing and enforcing the rules and restrictions contained in relevant documents, most often with respect to external changes to the property. The CRA/ARB may be composed of separate volunteers or be a role assumed by the members of the Board of Directors in addition to their other duties. An important difference to understand is that the CRA/ARB is not “the font of taste”. You should apply the guidelines without including personal preferences or opinions, and maintain the “spirit” or “original intent of the design” for the community, which is not an easy task. Architecture Control and Review Authority: where does it come from? In North and South Carolina, the primary source of authority for board members to adopt and enforce architectural guidelines is almost always found in the Declaration, Commitments, Conditions and Restrictions (CC&R), or the Main Act. These documents will indicate which organization – the board of directors or a committee appointed by the board of directors – has the authority to approve or reject architectural applications and to apply CRA policies. In addition, the relevant documents should also address members` rights of appeal and the procedure to be followed.
What types of improvements or changes are regulated by the CRA? It varies for each club and ranges from new construction (houses, terraces, roof replacements) to playsets, landscaping and even the types of plants installed in the courtyards. In some cases, CRA guidelines may only cover compliance with the specifications set out in the Association`s guidance documents; Therefore, the supervisory body may only consider approving or rejecting applications on the basis of conformity. In other cases, rules and restrictions may include authorized locations or checking garbage cans or utility equipment (such as the HVAC or gas tanks). In all cases, board or CRA members should carefully read their key documents to understand what is covered and what is not. CRA Guidelines So where do these guidelines come from? When the association was created, it likely included a number of CRA guidelines in the governing documents or as a separate annex to the rules and regulations. While board members (or the CRA/ARB) have the authority to adopt or amend policies, these policies MUST always have a solid foundation in the relevant documents. It is important to avoid the trap of drafting rules to resolve complaints, even if these rules are common elsewhere, without first checking the underlying medium in the relevant documents. Anyway – and yes, we`ll repeat it several times here – check out your government documents! What is typically included in cra guidelines? Simply put, they serve as a guide for boards and club members and are not enforceable in themselves. What does that mean? You usually can`t name an owner for a violation based solely on CRA guidelines – you need a provision in the CC&R to help you. The guidelines cover a variety of aspects, from how applications should be submitted, to the information that should be included, and to the proposed changes that are likely to be approved. Keep in mind that the guidelines serve a purpose for both board members and owners. How? They allow for consistency because the board requires the same submission documents from all members and therefore cannot be accused of playing the favorites, and for members, it facilitates the submission process because they have clear information on how to make the submission, as well as examples of what they can and cannot do if they change their characteristics.
Another caveat for board members: Don`t confuse CRA guidelines with the association`s rules and regulations (usage restrictions). They do not cover the same types of problems that may arise within the association. For example, an ARC policy may determine what a garbage unit should look like, while rules and regulations would determine how long it can be left on the street after garbage collection. Best (and worst) practices for testing ARC apps If we`ve sent those of you to arc committees running in the mountains, stop and take a deep breath! Some of the general best practices your board can follow will help streamline the application, approval, and rejection processes. Best Practices: Ultimately, the purpose of creating the CCA or CRA in a community is to apply the CC&Rs established by the HOA. Their mission is to adhere to the guidelines set out in the CC&R, with the aim of preserving the aesthetics of the community by ensuring that each owner follows the rules set out in the document. Often, the process of approval or rejection by a CRA or CCA is frustrating for HOA owner members. It`s understandable that homeowners feel uncomfortable or overwhelmed by the need to adapt to community CC&Rs in this way. However, the CCA or CRA plays a crucial role within the HOA, these volunteer committee members are responsible for ensuring that the community retains its attractiveness, consistency and overall value of the property, which ultimately benefits all owners.
There are, of course, many other challenges that community associations will face when it comes to CRA applications and violations, and some of them are best solved by thinking outside the box. For more examples of challenges and original solutions, watch our webinar presentation on architectural rules and policies.