Our covenants spell out that an Architectural Review Board (ARB) will be established. From 1991 until 2002 the developer controlled this, but there was never a separate committee established to perform those duties.

When the POA took over from the developer, the board established an architectural review committee. Those committees have had varying degrees of success, but their main limitation was not being current on changing laws that control what a homeowners’ association can or cannot deny.

We appreciate the hard work of those committees but now realize to serve the POA in a professional and legal way that the responsibilities of an architectural review board will revert back to the board.

The Florida statute for homeowners’ associations is being amended and will include the following:

All denials must be specifically worded. It is not sufficient to just quote a section of the covenants.

All denials must be consistent. If prior approval were given for modifications, then the same type or similar future modifications cannot be denied. Denials cannot be arbitrary or unreasonable.

It is only fair and legally correct to give the ARB responsibilities to the Board. They are the only ones current on changing laws and are given regular information from the Community Association Institute and our attorney. Giving the ARB responsibilities to the Board is a trend; recently Burnt Store Isles Association gave all responsibilities back to their board.

To establish continuity, the vice president will be responsible for the duties of the ARB. That officer will be assisted by one other director. All approvals and denials will be reviewed by the complete Board and voted on at each Board meeting.

The Covenants Committee will also be requested by the vice president to incorporate into the rules, specific clarifications to our covenants including colors allowed.

Therefore, effective immediately the Board has full responsibility for all ARB decisions. Sandy Blaesing, as vice president, will be responsible for all functions of the ARB and will pick a director to assist her.

This procedure will be a significant improvement, allowing decisions to be made sooner and more consistently, with a minimum of bureaucratic red tape.

Bob Toth