Association Architectural Committee
Best Practices
Summertime is Work Order time! Time to do the work only summer hours allow here in Illinois and also to prep for the coming winter that inevitably comes too soon. Naturally, the HOA Board is likely looking for help from other Community Members to help handle the load. Reasons might include:
- Time involved handling requests
- Lack of expertise on the Board
- Genuine interest in new opinions
- Heightened Community Involvement
- Transparency
The Board Creates and Appoints the Committee
The Board has the authority to create committees and appoint members unless the governing documents provide otherwise. The committee serves at the pleasure of the Board, meaning the Board may appoint or remove members as needed.
Committee members may include:
- Board members
- Homeowners
- Individuals with relevant expertise (architects, engineers, contractors, landscape professionals, designers, etc.)
- A combination of the above
There is generally no legal requirement that committee members be elected by the owners.
Volunteers Are Encouraged
Most HOA associations solicit volunteers from the community when vacancies exist. Interested owners can submit their names, and the Board then appoints the individuals it believes are best qualified.
This approach offers several advantages:
- Allows the Board to select members with useful experience.
- Ensures a balanced committee.
- Makes replacing inactive members much easier than holding elections.
Number of Members
Most associations use:
- Three members (most common)
- Five members for larger communities
An odd number is preferable to avoid tie votes.
Qualifications
Many associations require committee members to:
- Be owners in good standing.
- Have no outstanding assessments or unresolved violations.
- Be willing to apply the governing documents consistently.
- Disclose any conflicts of interest.
Experience in construction or design is helpful but usually not required. For serious topics a consultant can always be hired.
Committee Authority
The authority this group has depends entirely on the governing documents. Some architectural committees have authority to approve or deny applications on behalf of the association. Others only review applications and make recommendations, with the Board making the final decision.
If the declaration states that "the Board" approves architectural requests, then the committee should only make recommendations unless the documents expressly permit delegation of approval authority.
Here at PMI Service Group, we have a tested process order where any Architectural Change is captured in the Owner portal via an online form. That form is automatically transcribed under the Owner's account with all file attachments added to their correspondence history. It gets sent as a package for review to the Architectural Review Committee at that Association where they can all independently view the information when it suits them - and comment on the material presented - or ask the Owner for additional information. Then, a Board member designated as an ACC Chairperson would Approve/Deny, etc the ACC Request.
The system setup prevents errant accidental Approvals from non-approved members and automatically distributes communication to everyone involved making the process secure and simple for everyone involved.
Terms of Service
Many associations establish staggered terms, such as:
- One or two-year appointments
- Unlimited reappointment if the Board wishes
- Members serve until resignation or removal
This provides continuity while allowing the Board to refresh membership over time.
Best Practices
We typically recommend the following structure:
- Three or five members appointed by the Board.
- At least one Board liaison serving as a non-voting point of contact (or a voting member if permitted by the governing documents).
- Members appointed annually at the organizational meeting following the annual meeting.
- Volunteers accepted throughout the year - especially if the Association suffers from anemic Owner participation.
- Written committee charter outlining duties, authority, meeting procedures, conflicts of interest, and standards for review.
- Consistent use of written architectural guidelines and objective approval criteria.
- Decisions should be non-biased.
- A Board member who submits an ACC Request should recuse themselves from the review process and decision.
Sample Resolution
The Board should have a legal document called a Board Resolution to document their decision and how it was implemented and the reasons why. Many Illinois associations adopt language similar to the following:
Architectural Review Committee Appointment
The Board of Directors shall appoint the members of the Architectural Review Committee. Committee members shall serve at the pleasure of the Board until resignation, removal, or appointment of a successor. The Committee shall consist of no fewer than three (3) members unless otherwise determined by the Board. The Committee shall review architectural applications in accordance with the Declaration, Rules and Regulations, and Architectural Guidelines, and shall exercise only such authority as is delegated to it by the Board or the governing documents.
Conclusion
An Architectural Review Committee is typically appointed by the HOA's Board of Directors unless the Association's governing documents require a different process. Committee members are generally selected from interested homeowners, Board members, or individuals with relevant experience in construction, landscaping, design, or architecture. Elections by the membership are uncommon. A committee of three or five members is recommended to avoid tie votes and provide balanced decision-making. Members should be in good standing and serve at the pleasure of the Board. The committee's authority is determined by the governing documents and may be limited to making recommendations or delegated to approve applications.
About the Author
Paul is a founding partner of PMI Service Group and has more than 24 years of experience owning and managing investment properties in Illinois and Indiana. Paul manages the Association side of the business today, working with HOA homeowners associations, condominium associations and commercial properties throughout Northern Illinois. His experience includes board governance, reserve planning, construction oversight, capital improvement projects, collections, and Illinois community association operations.
About PMI Service Group
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PMI Service Group manages residential rental homes, Associations, commercial properties and even commercial Associations. We also offer brokerage services for homeowners looking to sell their homes. We also conduct property acquisitions off-market, helping people who face foreclosure or private sales between real-estate investment clients looking to trim or add to their real estate portfolio(s). With many years of experience in construction, engineering, design, rehabs, investment property, property management and portfolio management, let's have a conversation about managing your Association.
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