HOA Design Guidelines document

Started by JohnM102 • 5 replies • 284 views

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JohnM102 (Arizona)
Posts: 24

Posted:

Who initially approves HOA Design Guidelines? Is this document approved by the Board or the membership? Our Design guidelines were handed to us 17 years ago from the original builder when they transitioned the community to the HOA association existing today. These were accepted as written and to my knowledge never formally approved by the Board or membership. How were your Design Guidelines developed? Who developed them? Who if anyone approved them? If they are to be updated, who has to approve updates or changes? The changes to be made have little if anything to do with the actual Designs. They are administrative in nature. I understand I've asked a lot of questions, but I hope anyone that responds to spell out how these questions are handled within your HOA. I appreciate your help.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Are you talking about Architectual Control Committee? What we refer to as "ACC?" That is typically a committee within the HOA that controls the appearance of the HOA. Ultimately the HOA Board is the final say if there is no ACC or conflict.

Former HOA President

ElleN (Idaho)
Posts: 4,420

Posted:

JohnM102, can you please quote every section of your Declaration and Bylaws that refers to these Design Guidelines? In my experience this is where the direction for who can revise the guidelines will be.

KerryL1 (California)
Posts: 14,550

Posted:

To be very general, the developer's people approved the design guidelines. There may be local or state agencies involved too.
They would not have needed approval from "a board," probably the developer's own.

What matters to you is who has the authority to change them? Most likely, it's the board of directors. And if big. changes are needed the Board, or a committee it forms and designates with bring options to the board & membership, will get feedback from the members (owners) of your assn. It is possible that the owners do have a voice in revising them.

SheliaH (Indiana)
Posts: 6,964

Posted:

Start by looking at your documents - some of your questions may be answered there. For example, (e.g. you said the original builder established them 17 years ago - builders run tge show until the homeowners take over, so unless there are building code issues, tuey could establish whatever they wanted.

That said, these aren't the 10 commandments - if the documents say the board can change the standards,, that's who you lobby. generally the best way to do this is to consider what exterior changes must be pre approved by the board, such as fences. Then poll the community to get its opinion on what should be updated, added or dropped. For instance, the fence standards might be updated to allow vinyl privacy fences. Or ground cover on a lawn can be allowed (low maintenance and better for the environment) or certain trees are now prohibited because they tend to invade sewer lines).

This would be a good project for an advisory committee to help make recommendations to the board - and YOU should be the first volunteer! When proposals are drafted, send the to the community for comments, revise as beeded and tge board can approve the final draft, set an effective date and that's how the community will roll. As time progresses snd there are changes in style, materials and tastes (not to mention building codes, if warranted), you can always return to the standards to tweak as necessary

Depending on what your documents say, this could be a relatively easy process or take a while and you may want to set priorities on what could be addressed first. Have fun!

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

Posted By SheliaH on 01/25/2023 10:15 AM
Start by looking at your documents - some of your questions may be answered there. For example, (e.g. you said the original builder established them 17 years ago - builders run tge show until the homeowners take over, so unless there are building code issues, tuey could establish whatever they wanted.

That said, these aren't the 10 commandments - if the documents say the board can change the standards,, that's who you lobby. generally the best way to do this is to consider what exterior changes must be pre approved by the board, such as fences. Then poll the community to get its opinion on what should be updated, added or dropped. For instance, the fence standards might be updated to allow vinyl privacy fences. Or ground cover on a lawn can be allowed (low maintenance and better for the environment) or certain trees are now prohibited because they tend to invade sewer lines).

This would be a good project for an advisory committee to help make recommendations to the board - and YOU should be the first volunteer! When proposals are drafted, send the to the community for comments, revise as beeded and tge board can approve the final draft, set an effective date and that's how the community will roll. As time progresses snd there are changes in style, materials and tastes (not to mention building codes, if warranted), you can always return to the standards to tweak as necessary

Depending on what your documents say, this could be a relatively easy process or take a while and you may want to set priorities on what could be addressed first. Have fun!

Good advice.

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