Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney here to assist you.
The last two statements are compatible with one another. However, I think the first one does clash with the others.
The part that says "sole and full authority to amend them" cuts against what the other provisions say about the Board of Directors. I think you should try to re-word the statement to provide that the NCC shall propose design guidelines to be approved by the Board of Directors, and that any suggested amendments shall be approved or disapproved by the Board of Directors.
I wish I could re-word them. :-)
As the documents stand right now with the above wording, would a court decide that the Board of Directors do not have the authority to be the final say regarding the review of someone's houseplans since the latter two statements are contained in the Design Guidelines and the the first statement is contained in the Covenants?
How could the BOD have any oversight of this committee if they have no authority regarding this committee?
But if the way that the ACB is implementing the guidelines is contrary with FS 720, would a court be likely to rule that the BOD does or does not have the authority to step in and stop that particular behavior, even if all they do is approve a set of plans that the ACB has wrongly [according to the statutes] denied?
Also, if the architectural guidelines were written before FS 720, is the ACB still required to allow the homeowner the choice of materials as is required by 720? And, can the ACB require certain design elements that are not specifically stated in the guidelines, or does the fact that the guidelines were written before 720 give the ACB an "out" to not abide by them and afford the homeowners the rights that were provided for in 720.
If the rule is in violation of any state statute, it would automatically be void as a matter of law.
Self-made rules must comply with any statutory or common law mandate. Thus, the provision should be automatically void.
Also, if the provision was made before the law went into effect, it would have to be changed to comply with the law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).