Architectural Approvals

Hi Cf

In our HOA, our management company keeps a file for each unit. Each file contains all correspondence with that unit's owners and residents. This includes architectural approvals. Some of these files are inches thick and go back more than 25 years.

While we would have no problem with another owner reviewing the approvals, there may be private information in the file that would be considered confidential. We would not want that information disclosed to just anyone.

If we wanted to create a file with just the architectural approvals in it, our management company would need to be compensated for this additional work. It might be a good idea to have our records organized this way, but we aren't about to make this expenditure.

So if we received your request, we would probably ask you to justify why we should incur this unplanned expense. If the answer was that you just wanted to see everything, you would probably be turned down.

On the other hand, if there was an architectural change on a particular house that you were interested in seeing, we would probably share a copy with you - but only after we had any phone numbers and email addresses (which some owners do not want published) marked out.

Per VA § 55-510:

C. Books and records kept by or on behalf of an association may be withheld from inspection and copying to the extent that they concern:

9. Individual unit owner or member files, other than those of the requesting lot owner, including any individual lot owner's or member's files kept by or on behalf of the association.

Therefore, per the statute, the Association may withhold the architectural files that are not related to your lot. I'm not saying I agree with it, I'm just pointing out what the statute says.

If the reason you want to view the files is for supporting a similar change on your lot, simply add that information to your application. "Request to add deck similar to one that was approved at #### Street."

Are you willing to share why you want access to those files?

Archit. change approvals are not available for any owner to review. But if an owner makes a request though our prop. mgr. to review an approval that had occurred, the PM sends the request to the owner of the unit that's made a change and that Owner always has agreed to let an interested owner see the Unit file.

We are condos and all changes are for the interiors. There are 5 basic models (+several penthouses, etc.) Sometimes new Owners hear about a change to a identical unit--through the grapevine--that interests the new owner, who then would make a written request.

Tim,
I'm not interested in viewing the member files the property manager may have. Agree that would be inappropriate to even ask. I'm interested in viewing the "application approvals" our Declaration says the Architectural committee must make a permanent record of. Agree personal information kept in a members file shouldn't be made available to anyone other than the member. Our Arch Committee has a hard time adhering to our declaration and state statutes when it comes to open meetings, over even changing our guidelines. It is obvious their approvals are inconsistent and by their own admission they have approved many variances. In fact, they openly tell homeowners to simply apply for a variance around many different guidelines. Some of us are just interested to see how many variances, what types, what modifications are generally required before approval, etc. We are all in the dark about this and we shouldn't be.

If your Association is like ours, our Architectural Committee files the approved and disapproved applications in individual lot files. Per the statute I've provided a link to, those files may be withheld from inspection (as they are individual files pertaining to another member).

Instead of asking to view approved applications, why not ask for copies of the minutes from the Architectural meetings. Typically, the minutes should identify the application and if it was approved or disapproved. If the committee failed to keep minutes (and shame on them if they are not keeping minutes) then request to view the minutes of Board meetings, as it's typical for committees to make reports to the Board.


Ours did as well. Then I gather support from the membership (took three years) and the entire committee was replaced. Not wanting to be just a complainer, I volunteered and was appointed to the Architectural Committee. The Committee then organized the files, updated the files, adopted a records keeping procedure for the Committee, starting taking and posting minutes of the meeting on our Association website and established our new standard of holding monthly Architectural meetings (3rd Wed of the Month). We also did a site survey of violations, reviewed existing guidelines and proposed changes to those guidelines (which were adopted the following year). As I said, when you become involved, you become part of the process and can take steps to correct the issues you see.


Hopefully, the variances they approved they were authorized to approve. Typically, a Board (or committee if authorized) may grant a variance to a guideline. However, unless the governing documents provide authorization, they may not grant a variance to any covenant. To do so will cause problems and the Association could be on the hook to reimburse the homeowner to correct the violation in the future.


Well, ask for the procedures that are used to approve an application. If none are written, volunteer to form a committee to write them.

You should also demand that the Board publish the meeting dates for the Architectural committee so interested members may attend. If the Board says no, then gather support and recall the board or simply don't reelect them. Then replace the Board with others who believe as you do that these issues need to be more transparent. Perhaps you will volunteer to serve.

Darn lack of edit. Should read non-compliance not none compliance.

Feedback from some folks who are under the dome:
http://www.hindmansanchez.com/blog/legislative-miscellaneous/community-association-residents-don't-want-more-legislation

See if this gets you there:

http://www.hindmansanchez.com/blog/legislative-miscellaneous/community-association-residents-don%E2%80%99t-want-more-legislation

Thanks again for the feedback. Would definitely like to learn more about legislators fighting "for" members in HOAs.

Again, I don't disagree with what the statute says can be withheld from members, I'm saying approved arch apps shouldn't be private, and I think you agree.

My general feeling is nothing we do to the exterior of our lots is private. And except for executive session, nothing in a board or committee meeting is private. In fact, I believe the following statute makes it clear that anything the board or committee is considering in a properly noticed meeting should be made available for inspection to members.

https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-510.1