Guidelines for Architectural Reviews

Started by LawrenceC1 • 9 replies • 2605 views

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LawrenceC1 (Georgia)
Posts: 480

Posted:

Our CC&Rs contain a long list of alterations that must be approved in advance by the Architectural Review Committee. Up until now, these ARC reviews have been based on subjective opinions on a case-by-case basis.

Do other HOAs follow this same procedure or do they have a list of written guidelines used by their ARC to make decisions?

If so, could anyone post examples of guidelines that they use?

TimB4 (Tennessee)
Posts: 21,063

Posted:

Lawrence,

Usually the governing document that specifies the requirement for Architectural approval are vague. They tend to use statements like soundness of repair, visual harmony and avoiding deleterious to the aesthetic value of the property. All of these terms are purely subjective even if the Board tries to define them:

Visual Harmony Scroll down to "color harmony" (closest I could find).

aesthetic

Most Associations develop architectural guidelines, a series of rules/regulations on what can and can not be done on a lot. These guidelines are more of a check list for the Architectural Committee to use for the approval process. Some Associations might even try and define the term aesthetic with varied success. My Association chose to define it as "an unsightly condition" which, in my opinion, allows an even more subjective review.

I am currently working on an administrative resolution for my Association to try and standardize how applications would be considered and minimize the individual preferences of the committee members. This is what I've proposed:

"a) The ACC [Architectural Control Committee] shall review each Design Change Request on its own merits using the following as consideration factors:

1. Compliance with the Declaration of Covenants Conditions and Restrictions

2. Compliance with existing published Policy Resolutions of the Association

3. Precedence established by past committees as identified by written approvals/disapproval's maintained by the ACC.

4. Maintaining the soundness of repair, aesthetics and visual harmony of a colonial style community.

(b) If the consideration factors identified above does not provide a clear decision, or if a decision will effectively create a new policy where none previously existed, the Committee shall seek additional guidance from the Board prior to approval or disapproval.

(c) Individual personal tastes, preferences or opinions should not be a sole factor in approving or disapproving a design change request. However, since personal tastes, preferences or opinions are a factor when determining aesthetic value or visual harmony a unanimous consensus should be reached by the committee members present at the time the application is being considered before disapproving any application for the reason of aesthetics or visual harmony."

Hope this helps.

Tim

TimB4 (Tennessee)
Posts: 21,063

Posted:

To clarify, our Architectural Guidelines are actually a Policy Resolution, published to the membership. However, past Boards have chosen to add new resolutions for specific issues vs. rewriting the existing guidelines. Therefore, using "compliance with existing published guidelines" covers all of them.

LawrenceC1 (Georgia)
Posts: 480

Posted:

Tim,

I think that we are on the same page as far as wanting to be fair, consistent, and impartial with ARC reviews.

The direction our board is thinking of moving is to specify exactly what is approved, so as to eliminate subjective reviews. Something like, "The following three manufacturer and model of replacement garage doors are approved..." or "All fences must be constructed of pressure-treated pine (#2 grade or better), cedar, redwood, or black powder-coated architectural aluminum." And so on for all the categories of items that the ARC controls according to the CC&Rs.

TimB4 (Tennessee)
Posts: 21,063

Posted:

Lawrence,

That is certainly one option an Association can take. The problem is no Board, no matter how well of a job they do, can account for everything. It also usually prevents new technologies from being used (like engineered lumber, new paint colors, type of trim, leaf guards on gutters, etc.)

It also won't address issues when a certain item needs replaced and the item is no longer available in that style. If your getting specific in manufacturer and model numbers I think this can become even more of an issue. Don't think it can't happen. My Association is having problems find stockade style fence pickets in a certain width. They can be ordered but, since they are no longer the standard size, they cost more as a special order from the local companies and home improvement stores.

I'm not saying it's a bad idea. I'm saying it has it's own sets of issues. Personally, I believe that a better idea would be to specify the style vs. specifics. As an example, our Association is set up as a colonial style and the Board specified that design elements would be similar to what is found in Colonial Williamsburg. This allows things like porch lights in a colonial style but have motion sensors built into them.

If your Board decides to start this process, I would strongly recommend the following:

1. Create a committee of homeowners to review and propose the guidelines.

2. Have the current Architectural Committee review the proposal for consistency with current/past practices and any State laws.

3. The Board should review the report from the Committees and make any modifications.

4. Send a draft to the entire membership and hold a special meeting to hear feedback (not for the board to defend policy A over policy B).

5. After the membership feedback, the Board should incorporate any suggestions they believe are appropriate.

6. The drafted proposal should then be sent to the Associations Attorney for review and advise.

7. The Board should discuss and make any necessary changes based on the legal Advise.

8. Publish and distribute the new guidelines to the membership.

As you can see, this will not be a simple project. When my Association revised our guidelines (which are not as detailed as you propose) it was a three year process (not sure how long the idea was kicked around before the homeowner committee was formed). We also insisted that what ever the committee's proposed was based on a unanimous decision from the committee. Our thought being that this would minimize the personal tastes and individual agendas of anyone serving on the committees.

BTW: There was one thing that our Architectural chair started when I served on our Architectural Committee, that I believe every Association should use. It's a rule taken from baseball and adapted to our HOA:

Tie's go to the homeowner.

Hope this helps,

Tim

LawrenceC1 (Georgia)
Posts: 480

Posted:

Tim,

I'm not sure this approach is as difficult as you think it might be.

We have already gone through several years worth of recent ARC decisions and compiled them into a guidelines document. For some categories we have added guidelines where there hasn't been a recent decision, based on existing construction in the neighborhood. We say in the explanation that accompanies the document that the ARC can modify the guidelines at any time, and that future decisions for things not already covered will be added as they occur.

Periodically we will review the guidelines and replace or remove items that have been discontinued or renamed.

Any ARC decision based on these guidelines can still be challenged at a hearing, as mandated by our Covenants. The results of any hearings will also be used to keep the document up-to-date.

I am still interested to hear from any other communities that have already taken this approach, and to see any sample guidelines that they have issued.

JohnO6 (Georgia)
Posts: 424

Posted:

Lawrence -

Ours is a 103 home community in suburban Atlanta consisting of attached ranch villas. Our CCRs have some very specific ARC restrictions contained within them and also give the BOD the right to promulgate and enforce addtional rules.

Our current rules are attached - so they are more than just guidelines.

They are rather specific in an attempt to inject as much objectivity as possible into the ARC process, but as has been previously mentioned there will always be an element of subjective assessment.

Hope this helps.

📎 Attachments (1):

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📄12828356471.pdf(126 KB)

LawrenceC1 (Georgia)
Posts: 480

Posted:

John,

Thank you for sharing. There are a few things in your guidelines that we missed in ours.

NicoleW4 (Georgia)
Posts: 41

Posted:

Quote:

Posted By TimB4 on 02/07/2011 7:44 PM
Lawrence,

1. Compliance with the Declaration of Covenants Conditions and Restrictions

2. Compliance with existing published Policy Resolutions of the Association

3. Precedence established by past committees as identified by written approvals/disapproval's maintained by the ACC.

4. Maintaining the soundness of repair, aesthetics and visual harmony of a colonial style community.

(b) If the consideration factors identified above does not provide a clear decision, or if a decision will effectively create a new policy where none previously existed, the Committee shall seek additional guidance from the Board prior to approval or disapproval.

(c) Individual personal tastes, preferences or opinions should not be a sole factor in approving or disapproving a design change request. However, since personal tastes, preferences or opinions are a factor when determining aesthetic value or visual harmony a unanimous consensus should be reached by the committee members present at the time the application is being considered before disapproving any application for the reason of aesthetics or visual harmony."

Hope this helps.

Tim

I really like 4(c). Our policy require 4 of 6 to vote yes to get an approval. This is how my playhouse has not passed. The Head of the ACC said there was nothing wrong with th playhouse but there are 3 men that insist that the playhouse must be brick since my main dwelling is brick.

The Covenant reads:

ARCHITECTURAL CONTROL

Section 1. Construction; Review and Approval. No building, outbuilding, storage shed, pool house, kennel, tree house, pen, gazebo, fence, wall, dock, or other structure, except those provided by the Declarant, shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to, change in or alteration of any of said structures be made until complete final plans and specifications showing the nature, kind, shape, height, materials, basic exterior finishes and colors, location and floor plan thereof, and showing front, side and rear elevations thereof and the names of the builder, general contractor and all subcontractors have been submitted to and approved by the Association's Board of Directors or by an architectural control cmmittee composed of three or more persons appointed by said Board as to harmony of exterior design and general quality with the existing
standards of the neighborhood and as to location in relation to surrounding structures and topography. In the event said Board or its
designated committee fails to approve or disapprove such design and
location within 30 days after said plans and specifications shall have
been submitted to it, approval will not be required and this Section
will be deemed to have been fully complied with.

I see nothing in the wording above that makes me think asking me to brick a playhouse is reasonable or manditory.

Also can Guidelines be written that cancel our the following words In the event said Board or its designated committee fails to approve or disapprove such design and location within 30 days after said plans and specifications shall have been submitted to it, approval will not be required and this Section will be deemed to have been fully complied with.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

This is an old post from 2011. Please make a new topic if you have question. Thank you.

Former HOA President

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