The Dysfunctional ECC

The Articles of Incorporation mentions the ECC in three places all in Article III (D): "To appoint and remove members of an environmental control committee which shall consider and act upon proposals and plans pertaining to improvements which are submitted to it, and to insure that at all reasonable times there is available a duly constituted and appointed environmental control committee."

ARTICLE VII of the covenants has the most language on the ECC. They key thing to remember is that the ECC is not bound by any written standard. For example, it is stated that: "The Committee shall approve Plans and Specifications submitted for its approval only if it deems that the construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental."

What?!?

And ... "The Committee may require such detail in Plans and Specifications submitted for its review and such other information as it deems proper."

Wow.

The first problem is that landowners have no control over this. The next problem is that the standards change from regime to regime. The third problem is that there is no requirement regarding experience with respect to an ECC committee person. The fourth problem is that it is next to impossible for the board to keep the ECC populated with volunteers.

The ECC needs to be abolished through amendment and replaced with a set of standards that are acceptable to the landowner. Permitting and inspection should be done by a third party.