This guide is designed to inform homeowners of their rights and obligations concerning architectural control covenants and property improvements within homeowners’ associations.

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Laws and Documents Governing Homeowners’ Associations

Homeowners' associations have the authority to regulate certain property details, impose obligations on members, and levy fines under state law and the association's governing documents.

(A) State Law

Statutory laws governing homeowner associations vary from state to state, but typically include provisions that impose procedural requirements for community associations to issue fines or collect fees from homeowners. Homeowners need to research and understand the laws in the jurisdiction where their property sits, as statutory protections vary from state to state.

(B)  Governing Documents

The following documents govern an association's authority and obligations, as well as the rights and obligations of its members: 

• Articles of Incorporation: This document contains information about the association's corporate status, name, location, and purpose of the community. Associations are required to file the articles with the secretary of state.

• Bylaws: Set forth rules and procedures for how the board of directors will function. These include details regarding the election of the board of directors, voting procedures, term limits, and other details of how the HOA through its board of directors will run.

• CC&Rs: This is the most critical document as it enumerates the rights and responsibilities of the association and its members. Generally, the CC&Rs contain restrictions on the use of the property, architectural standards, lawn maintenance standards, and other vital covenants that run with the property. These rules are permanent but can be changed or amended with the consent of the members.

• Rules and Regulations: Whereas changes to the CC&Rs require the vote of homeowners, the rules and regulations of the community can be amended by providing notice to homeowners and conducting a board vote. Rules and regulations cannot contradict the CC&Rs, which take precedence, and cannot be more restrictive than the CC&Rs. The rules and regulations should merely serve to clarify, interpret, and help implement the CC&Rs.

Architectural Standards Authority

One of the main functions of architectural standards in a community is to help maintain property values. The authority to regulate a homeowner's right to make improvements or modifications to their property derives from the governing documents. 

An association may impose additional restrictions than those contained in the CC&Rs, but cannot circumvent CC&R provisions. Rules concerning architectural standards and guidelines are enforceable based on the contractual relationship between the homeowner association and its members. 

A court will interpret these rules based on the interpretation of contracts, varying slightly from state to state. If challenged, a court will examine the plain language of the rule in question and the rules and regulations as a whole, just as it would consider an entire contract when interpreting a particular clause. 

Typically, the court will impose some type of "reasonableness" standard and generally uphold a rule, unless it is unreasonable, violates public policy, or imposes a burden that far outweighs any benefit.

One gray area of an association's authority is its self-provided power to "interpret" rules. How a challenge to a board's interpretation will be handled by a court is governed by the case-law of each state.

In a California case, Ticor Title Insurance Co. v. Rancho Santa Fe Assn, (1986) 177 Cal.App.3d 726, the court found that the association's interpretation power does not allow its board to enact stricter regulations than the regulations expressly provided in the Covenant.

 Owner's Contractual Obligations

 Architectural standards generally control modifications to the exterior of the property. Generally, a homeowner will be allowed to make improvements and modifications to the interior of the property, so long as it does not alter the property's structural integrity. 

Often, issues between HOAs and homeowners arise when a homeowner did not know or understand what was allowed and what was prohibited.

When purchasing a property with restrictive covenants, homeowners should take the following steps:

• Read and understand the bylaws;

• Carefully examine the CC&Rs and rules and regulations;

• Be aware of monthly fees and potential fines, as well as the procedures for imposing fines; and

• Determine whether the property is a good fit after considering the covenants that run with the property.

It is essential to take these steps because, as discussed above, the CC&Rs and rules and regulations will be interpreted and enforced according to contract law.

Administration of Architectural Guidelines

The architectural standards and guidelines are administered by a review committee, which is responsible not only for enforcing standards but reviewing members' applications for additions or modifications according to established procedural rules.

Guidelines may contain words that require subjective interpretation or judgment. For instance, the word “tasteful” might be included in rules regarding architectural guidelines and require a subjective determination. Some states have case law that specifically protects an association's ability to apply subjective criteria when evaluating proposed architectural changes and modifications. See Clark v. Rancho Sante Fe Assn. (1989) 216 Cal.App.3d 606, 619).

 A)    Purpose and Responsibilities of an Architectural Review Committee

The purpose of a review committee is to administer the community's guidelines by overseeing changes and modifications to a property through an application and appeal process. The established processes are designed to balance the interests of individual homeowners and the community as a whole, ensuring that architectural guidelines are met, and property values are protected. 

Ultimately, a review committee must put the interests of the community as a whole above the interests of individual homeowner members.

An architectural review committee is responsible for:

• Managing the application and approval process;

• Monitoring the community for violations of standards;

• Fairly enforcing standards outlined in the governing documents;

• Making subjective and objective decisions about guideline compliance;

• Making recommendations to the board of directors;

• Reviewing guidelines for adequacy; and

• Educating the community about set guidelines.

B)    Architectural Application & Approval Process

 If a homeowner would like to make an exterior change to their property in the form of an addition or modification, they will need to follow the formal process established by the association. The review committee will review their proposed changes and determine whether they are consistent with the community guidelines.

Requests for architectural variances—changes that would constitute a departure from the stated criteria in the guidelines— will typically not be permitted. However, the governing documents may provide for variances in extraordinary circumstances or cases of severe hardship. 

Depending on the rules of a particular association, the applications for modifications and variances may be the same form or separate applications. However, they will generally follow the same process for review. Typically, the process will consist of:

1. Applying for architectural review committee approval - The application will likely request a description of the property location and details of the proposed project, such as specifications (materials, shapes, professional plans) and work schedule. 

The application may also request a list of documents to be submitted with the application, including copies of architectural plans, permits, and surveys. The application may consist of a printed request form or a written letter from the homeowner to the review committee containing the requested information.

2. Committee Review - The review committee generally meets regularly to review applications for approval. Under its operational rules and fiduciary duties to the association, the review committee should review the application for compliance with set guidelines. 

If the governing documents permit variations in certain circumstances, the architectural review committee will review the plans to determine whether the proposed changes meet the required standard.

3. Decision - A recommendation from the review committee will be sent to the board of directors, which will approve or disapprove the application. The CC&Rs should set forth a time frame within which the review committee and board of directors must render a decision on a homeowner's application.

C)    A Homeowner’s Due Process Rights

 In general, the governing documents set forth a formal process for enforcing the architectural guidelines and issuing fines. This process will typically begin with a warning letter and should include an opportunity to handle the matter through alternative dispute resolution if a dispute arises.

Some states require that certain procedural safeguards be in place to protect homeowners' rights to due process, including a hearing before the issuance of a fine and reasonable notice of the date and location of the hearing.

 D)    Fine Authority and Right to Appeal

Most states have laws that dictate the procedure that an HOA board may fine a homeowner for violating community rules—California, Virginia, and Florida are three. Board of directors must have a clear understanding of these laws because non-compliance can lead to legal liability.

A board of director's decision on an architectural review application is usually final unless the decision is arbitrary and capricious. Depending on what the association's documents dictate, a homeowner may appeal to the board of directors within a specified time (often 30-45 days) after the board of directors issues its decision.

For specific details concerning the architectural application and review process, homeowners should reference the details and criteria set forth in the governing documents of their community association and applicable state law.

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