Don’t Make Them Guess: Is Your HOA Architectural Application Process Complete?

A fundamental HOA purpose is to preserve the association’s architectural theme, typically protected by rules administered by an architectural committee or the board. If a homeowner wants to change the entry door color, the style of windows, or install a skylight, how does the owner know if the request is worth the effort, and how do they know what is the HOA’s application process?

Well-run associations should have reasonable architectural standards and a reasonable application process, all set forth in written HOA rules. Consider some of the following subjects which can be included in those rules.

Licensing and insurance

If the proposed work requires a licensed contractor, the work should be performed by a licensed contractor who has proof of liability insurance and workers compensation insurance.

Permits

If the proposed work requires a city building permit, the applicant should provide proof of permits as a condition of approval.

Hours of work

To protect neighbors, work should not begin too early, or continue into evening hours when adjacent homeowners are beginning to rest.

Common area alterations

The owner should be required to take all responsibility for approved modifications to common area, so future repair and maintenance of the alteration will be by the owner, not the HOA. The owner should also be required to accept responsibility for future problems created by the common area alteration. One way of securing such promises is to make the permission conditional on the owner signing a written agreement relieving the HOA from such responsibility. I call those “common area alteration agreements,” which are best recorded on the title of the residence, so future owners are notified of the shift in responsibility to the owner.

Odors and dust

Is the proposed alteration likely to create dust or smells which could bother neighbors? Rules should insist that the applicant take steps to reduce odors, dust and noise in attached housing projects.

Lead or asbestos

Should the homeowner be required to check for lead or asbestos prior to starting work, and will there be proof of appropriate abatement by a qualified company?

Completion dates

Set a reasonable date for the approved work to be completed.

Checklist for the applicant

List all items which must be included with the application so it is considered “complete,” starting the running of the HOA’s time to respond.

Cost reimbursement

Some applications may require HOA consultation with an architect or contractor to help evaluate them, and such cost should be reimbursed by the applicant. If a fixed fee can be obtained from the expert for application review, that amount can be set in the rules as the application fee. Any extra HOA cost for further consultation should also be reimbursed as a condition of approval.

Time to respond

A reasonable HOA deadline is required by Civil Code 4765(a)(1). Many associations have too short a deadline to allow a proper review of the proposal, potentially requiring premature HOA rejection to avoid it automatically being deemed approved.

Fine

The association schedule of fines should include one fine for minor architectural violations, and another for major violations.

Civil Code 4765 requires associations to annually disclose its process for handling requested changes to HOA homes. The process should be reasonable for both homeowner AND association.

Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.