The Power of the ARC

As reported recently in the CAI Law Reporter, the end of 2017 saw a number of state courts rule on the powers of architectural review committees (or “ARCs” for short).  In CB Investments v. Murphy and Weber v. Board of Directors of Laurel Oaks Association, the Wisconsin Court of Appeals and the Pennsylvania Commonwealth Court, respectively, held that a tree house and a mailbox were “structures” requiring architectural approval under the communities’ governing documents. In McVicker v. Bogue Sound Lot Club, the South Carolina court of Appeals held that the HOA’s ARC did not have the authority to require a construction bond (or fee) for ARC approval of a construction project. And in Cynar v. Barth, the Supreme Court of North Dakota held that the community’s ARC was not required to halt construction of an owner’s pool house that obstructed the neighbor’s view.    Read the article……………….