A Complete Guide to Overseeing HOA Architectural Guidelines, Rules, and Homeowner Proposals

One of the biggest benefits of living in an HOA community is knowing that each homeowner is bound by the rules of the association. While each community has its own unique rules, architectural guidelines are common place in many communities. This means that residents don’t have to worry about living next to a neighbor whose house is run down or painted an unpleasant color. Instead, homeowners must usually get approval from the board before making any changes to the exterior of their home. 

For board members and community association managers (CAMs), however, managing these requests and ensuring that guidelines are followed and enforced can be challenging. Fortunately, this comprehensive guide will detail the ins and outs of architectural guidelines and the architectural review process. Read on as we explore the key details that board members should be aware of to ensure their community’s architectural guidelines are properly established and enforced.

The HOA Board’s Role in Setting Architectural Guidelines

The board is responsible for establishing architectural guidelines for the community, starting with research and consultation to draft comprehensive standards covering building materials, landscaping, and architectural styles. Boards may want to ask a legal professional to review the guidelines to confirm they are compliant with local regulations.

After finalizing the guidelines, the board should seek approval from homeowners. Periodic reviews are recommended so that guidelines stay relevant, with updates reflecting evolving trends and preferences. 

The Role of the Architectural Committee

Some communities may have an architectural review committee that is responsible for reviewing and approving (or denying) architectural requests made by homeowners. The committee is made up of homeowners who participate on a volunteer basis. In many cases, the members of this committee will have relevant expertise or interest in architecture, design, or construction, and the committee acts as a review body for proposed architectural changes or additions to properties. Their responsibilities include evaluating applications, ensuring proposed alterations align with established guidelines, and maintaining consistency in the community's aesthetic. 

Key Components of Architectural Guidelines

As mentioned earlier, every community has its own architectural guidelines. However, below are some of the most common guidelines:

• Building Design and Style: These guidelines specify the architectural styles permitted within the community, such as traditional, modern, colonial, etc. They may also dictate specific design elements like roof pitch, exterior materials, and overall building proportions.
• Exterior Finishes and Colors: Associations often regulate the color schemes and exterior finishes allowed for homes within the community. This includes rules regarding paint colors, siding materials, and trim details.
• Landscaping and Outdoor Features: Regulations regarding landscaping, fencing, outdoor structures (such as sheds or gazebos), and hardscaping (like driveways and walkways) are typically outlined in the guidelines. 
• Architectural Modifications and Additions: Guidelines detail the process for obtaining approval for any modifications or additions to existing structures, such as room additions, decks, or exterior renovations. They may specify procedures for submitting proposals, required documentation, and approval timelines.
• Signage and Lighting: Rules regarding signage, exterior lighting fixtures, and other external features that may impact the visual character of the community are often included. 
• Maintenance Standards:  Architectural guidelines usually outline expectations for property maintenance, including requirements for upkeep of landscaping, building exteriors, and common areas. 
• Enforcement Procedures: Guidelines should clearly outline the enforcement procedures for violations of architectural standards. This may include penalties for non-compliance and mechanisms for resolving disputes between homeowners and the association.
• Review and Approval Process: The process for reviewing and approving architectural plans and modifications should be clearly defined. This includes the composition and responsibilities of any architectural review board or committee tasked with evaluating proposals.
• Exceptions and Variances: Procedures for granting exceptions or variances to the architectural guidelines should be outlined, including eligibility criteria and the process for submitting requests.

These comprehensive components ensure that architectural guidelines maintain the community's aesthetic integrity and uniformity while accommodating homeowners' needs.

The Homeowner Proposal Process

Submitting an architectural request should be simple and straightforward. While each association determines the exact process, here is an outline of what is usually expected.

Review HOA Documents

Homeowners should begin by reviewing the association’s governing documents, including the declaration of covenants, conditions, and restrictions (CC&R), as well as the architectural guidelines. These documents outline the procedures and requirements for submitting proposals and obtaining approval.

Prepare Proposal

Once homeowners have reviewed and understood the guidelines, they should create a detailed proposal outlining the specifics of the project. Include drawings, plans, photographs, material samples, and any other relevant information to help the association understand the scope and intent of the proposed modification.

Submit Proposal

Follow the designated procedure for submitting proposals to the association. In many cases, this will involve completing a formal application form and providing all required documentation. Be sure to adhere to any deadlines or submission guidelines specified by the board and/or architectural review committee.

Architectural Review

The architectural review committee will evaluate the proposal to ensure it complies with the established guidelines and does not adversely impact the aesthetic harmony of the community. 

Notification and Feedback

Homeowners may receive notification from the board and or committee regarding the status of the proposal, along with any feedback or requested revisions. It’s important for homeowners to be prepared to address any concerns and make adjustments to the proposal if necessary.

Approval or Denial

After review, the association will decide to approve or deny the proposal. If approved, the homeowner will likely receive written authorization outlining any conditions or stipulations associated with the approval. If denied, the homeowner may be given reasons for the decision and, in some cases, options for appeal or reconsideration.

Implementation

Once the proposal is approved, homeowners can move forward with the desired project. However, in some cases, other clearances may be required. For example, depending on the project, the homeowner may need to obtain permits from the city/town. The homeowner will also have to follow any local laws/ordinances around 

Completion and Inspection

Upon completion of the project, the association may conduct a final inspection to verify that the modification has been executed in accordance with the approved plans and meets all relevant requirements. The city/town may require additional inspections to ensure the project is up to code.

Navigating Challenges with Architectural Review

Even if a homeowner follows the proper process for submitting an architectural request, there may be times when the association must ask for modifications or, even worse, deny the request completely. Common disputes with architectural guidelines often revolve around issues such as homeowners' desire for individuality conflicting with the community's desire for uniformity, disagreements over the interpretation or enforcement of the guidelines, concerns about property values being affected by denied modifications, and perceptions of arbitrary decision-making by the HOA board. While these situations can be challenging, they can still be navigated successfully. Here's a breakdown of steps and considerations:

Communication

Open and transparent communication with homeowners is key. Make sure all residents are aware of the architectural guidelines and the process for submitting proposals for review. Provide clear instructions on what information needs to be included in the proposal and how long the review process will take.

Flexibility

While consistency is important, it's also essential to recognize that each property and situation may have unique considerations. The board should be willing to consider reasonable exceptions or modifications to the guidelines when appropriate.

Exceptions to architectural guidelines may be considered in specific circumstances, such as unique property characteristics, historical preservation needs, disability accommodations, safety concerns, neighbor consensus, or cases of economic hardship. These exceptions are typically evaluated on a case-by-case basis, ensuring they align with the community's goals while addressing the individual circumstances of homeowners.

Consistent Enforcement

Treat all homeowners equally and fairly when reviewing proposed architectural changes. Consistency in enforcing architectural guidelines is crucial to maintaining the aesthetic and structural integrity of the community.

Appeals Process

Establish a clear appeals process for homeowners who may disagree with the board's decision regarding their architectural proposal. Ensure that this process is fair and accessible to all residents.

Documentation

Keep thorough records of all architectural review decisions and communications with homeowners. This documentation can help ensure consistency in enforcement and provide a reference point for future decisions.

Legal Considerations and Compliance

Board members of homeowners associations (HOAs) have legal responsibilities and must ensure compliance when enforcing architectural review guidelines. They must act in accordance with federal, state, and local laws, as well as the association's governing documents. This includes ensuring that architectural guidelines are consistent with Fair Housing laws to prevent discrimination, maintaining transparent and fair review processes to avoid allegations of arbitrary decision-making, and upholding fiduciary duties to act in the best interest of the association and its members. 

Board members should also be aware of any legal requirements related to the approval and enforcement of architectural changes, such as obtaining necessary permits and adhering to zoning regulations. Regular training on legal obligations and staying informed about relevant laws and regulations is crucial for board members to effectively navigate legal considerations and ensure compliance with HOA architectural review guidelines.

Best Practices for Updating and Communicating Guidelines

Clarity and transparency should be at the top of the board’s priority list when updating guidelines. Begin by clearly identifying the need for the update, whether it's due to new information, changes in regulations, or evolving best practices. Involve stakeholders early in the process to gather input and ensure buy-in. When communicating updates, use multiple channels. Be sure to outline the changes, the reasons behind them, and any actions required. Provide ample time for questions and feedback, and be prepared to address concerns promptly.