architectural disputes
HOAs generally have the power to regulate any change, improvement, or modification to your home and yard if they are visible from a neighboring property, common area, or public street. They exercise this power, in theory, of enforcing the community’s “aesthetics” or maintaining neighborhood’s property values. Boards may exercise this power or may delegate it to a committee (often called an Architectural Control Committee (“ACC”) or Architectural Review Board). The power to regulate architectural or landscaping changes derives from a community’s Declaration of Covenants, Conditions, and Restrictions (“CC&Rs”). The CC&Rs usually authorize the creation of an ACC.
What architectural or landscaping changes require HOA approval? In general, any change that may be visible from another property, common area, or street probably requires approval. Some of those changes are obvious: painting your house a new color, adding or changing landscaping, or adding an extra room. Some “changes” may not feel like changes at all, but your HOA may believe it has the right to regulate: Hanging a bird tree? Replacing existing windows? Touching up your existing paint colors? Some HOAs may view these as “improvements” or “modifications” that require approval; others may not. It is important to know what kind of HOA you live in and whether you’ll be accused of violating the CC&Rs for what you think might be simple maintenance but the HOA thinks is a major improvement.
There is also a question whether backyard structures (such as pools, playgrounds, or pergolas) require approval. The answer is usually found in the CC&Rs, but a good rule of thumb is that if it is “visible from neighboring property,” you will want to consider getting approval before beginning the project. It is not uncommon for HOAs to adopt design guidelines. These guidelines may include authorized paint colors, tree and plant species, and information relating to setbacks and other requirements and restrictions.
Your HOA may have an application that must be submitted before any architectural or landscaping alteration is undertaken. An HOA’s CC&Rs sometimes include time limitations under which a requested improvement is automatically approved if the HOA does not respond in a timely fashion. Thus, it is important to be familiar with your CC&Rs’ design requirements.
There are limitations on an HOA’s architectural or landscaping enforcement powers. For example, an HOA cannot prohibit certain kinds of flags, signs, or solar panels. An HOA also cannot create rules as it goes or adopt one set of rules for board members and their friends and a second set of rules for everyone else. An HOA also must act reasonably in the exercise of its enforcement power. Demanding that every owner repaint their house at the same time, banning energy efficient windows, or prohibiting you from touching up paint may be examples of the unreasonable exercise of enforcement powers.