During the period when the Architectural Review Committee is under developer control, the committee is not a true committee of the board and isnot under the control of the association even though it has an association representative. As a result, the developer can deny owner requests that ARC meetings be open to the membership.

Department of Real Estate. The structure and composition of architectural review committees during the early years of a subdivision when the development is under developer control is purely a creature of the Department of Real Estate's Regulations which state (Regulation 2792.28(b)) that until 90% of all of the subdivision interests are sold or five years have elapsed from the date when the original final public report was issued, the subdivider [not the "subdivider in its capacity as a director or directors of the association] may appoint a majority of the members of the ARC.

When Board May Appoint. That same Regulation begins by saying that until the first anniversary of the issuance of the original public report the subdivider may appoint all of the members of the Committee. Subparagraph (c) states that after the first year and until the 90%-five year thresholds are met, "the governing body of the Association [i.e., the Board] has the authority to appoint one of the members of the ARC".