Mastering the Blueprint

Best Practices In The Management And Administration Of Architectural Standards

By Stephen M. Levine, Esq.

The purpose of an architectural committee is to make sure that property values are protected and homeowners comply with the association’s architectural standards to balance the interests of homeowners and the community. The architectural standards are a set of rules that dictate what homeowners can do in terms of design, improvements, and modifications to their property. Every community will have this set of rules, which owners can usually find in the CC&Rs or in separate architectural guidelines.

As a community association manager, you need to familiarize yourself with each community’s distinct guidelines. Some committees have outside consultants such as architects, arborists, or engineers who provide guidance and recommendations to the committee members, but many do not.

What does an architectural committee do?

The committee will usually manage the application and approval process for modifications, improvements, and changes; inspect improvements for any violations of the guidelines; perform progress or completion inspections on work being performed to confirm that the homeowner is complying with the standards and the approved application; and propose changes to architectural rules.

In condominiums, the committee is primarily focused on internal alterations and improvements that impact the common areas (removal of walls, recessed lighting, changing flooring, plumbing, electrical, etc.); window treatments visible from outside the unit; and balcony and patio issues. In planned developments, an architectural committee is primarily concerned with exterior aesthetics (paint colors, materials, landscaping, patio covers, etc.).

The Application Form

To avoid issues prior to and once construction commences, make sure the association’s forms are clear and concise. You may want to create a standard application form for homeowners. This form should ask for the following information:

• The type of addition or alteration

• The purpose of the addition or alteration

• The materials being used

• Paint colors and finishes

• Pictures, plans or blueprints of the project showing dimensions and elevations

• Contractor details including licenses, permits, and insurance certifications

• A timeline for completion

• Anticipated work hours and schedule

• Any additional details (e.g., portable potty rentals, dumpsters, etc.)

An application may require a fee to compensate outside consultants if they are needed. You may want to have the homeowner acknowledge that they will comply with all local regulations and secure any necessary permits. The form should also remind homeowners that just because they received approval from the local city/ county department does not mean that the association will approve the project (and vice versa). Finally, you may want neighbors’ signatures on the application acknowledging or approving the upcoming project. Although this isn’t necessary, it is a factor the committee may consider.

What To Do When An Application Is Submitted

First, calendar when a response is due as some CC&Rs provide that an application is deemed approved within 30 days if it has not been rejected, or it can be deemed rejected if the committee fails to respond within 30 days (and then you have an irate homeowner calling you).

Second, communication is key, so you should inform the committee that an application has been received and provide it with the decision due date. Finally, you need to make sure that the architectural committee, or if an association does not have such a committee, then the board, takes timely action. In some communities, the committee has the power to approve or deny a request, while in others, the committee only has the power to recommend a decision to the board.

Create A FAQ Sheet

Community managers and committee members often get the same questions concerning the process, procedure, style, paint colors, etc. If you haven’t already done so, start compiling the questions and simple answers. Include this FAQ with the architectural review packet. Answering these common questions will save you and your members time and will help homeowners move forward with the architectural review process.

Requirements for the Decision-Making Process

Associations must follow §4765 of the Civil Code with respect to architectural review and decision-making. The association must provide the following procedure for making its decision:

• It must be fair, reasonable, and expeditious.

• It shall be included in the governing documents (CC&Rs or operating rules).

• It shall provide for prompt deadlines, and

• It shall state the maximum time for a response to the architectural application or a request for reconsideration by the board. (Civil Code §4765(a)(1)).

It is important to remember that when preparing the annual disclosure packet for homeowners, the community manager must include a notice that describes the types of improvements/modifications that require association approval and include a copy of the association’s architectural application and approval process. (Civil Code §4765(c))

Any decision regarding a proposed change must be made in good faith and not be unreasonable, arbitrary, or capricious (Civil Code §4765(a)(2)); must not conflict with any “governing provision of law” (e.g., FEHA, building codes, laws governing land use or public safety) (Civil Code §4765(a)(3)); and must be in writing (Civil Code §4765(a)(4)).

The Decision

After deciding, the association must mail the written decision to the homeowner. If an application is disapproved, the decision must include both an explanation of why the application was disapproved and a description of the procedure through which the member may request board reconsideration of the decision (Civil Code §4765(a)(4)).

Where an application is disapproved, the member is generally entitled to reconsideration at an open meeting of the board of directors (Civil Code §4765(a)(5)). However, if the initial disapproval of the application was made by the board “or a body that has the same membership as the board” at a duly held board meeting, no reconsideration is required (Civil Code §4765(a)(5)).

Managed communities are often appealing because of the uniform aesthetic of the neighborhood. A well-run architectural committee will preserve the aesthetics and maintain the appearance and value of the community.

Stephen M. Levine, Esq., has 24 years of industry experience and is an attorney at The Judge Law Firm based out of Irvine, practicing community association and real estate law.