Permits and ARC/ACC Applications

If a city or county requires a permit for any type of property modification such as construction, pool installation, screen enclosures, tree removal, etc., does your HOA require the homeowner to include that permit when submitting an ARC/ACC application?

Sometimes the Declaration will require copies of city permits.

Sometimes the Board will create a rule requiring copies of city permits. The latter would be pursuant to wording in the ARC section of the Declaration that let's the board create guidelines for architectural improvements. Such a rule is reasonable and would pass court muster, IMO.

Unless the governing documents require it, I would be against the Association asking to see any permits (except for condominiums).

The Association may or may not have actual knowledge what does and does not require a permit.
The Association looks at aesthetics, not structure (again, condominiums would likely be different).
The Association approves aesthetics, not structure.

I would think that if the Association required permits, structural inspections, etc., that they could increase their liability exposure.

Let the experts be the experts.

This was my thought too. Since permit applications and changes are generally not free, I would want to get HOA approval before applying for the permit and incurring that cost.

The issue my HOA has experienced with storage sheds is owners who obtained HOA approval ignored local permit requirements and installed the shed. Then an adjoining home owner complains to local authority and is advised a permit was not issued and violates the new and improved shed ordinance. Then the owner complains to the HOA wanting to know why his plans were approved if they violated local ordinance.

If an owner desires a tentative approval, a statement from the HOA that the plans meet the HOA requirements, our declaration provides for that option.

An HOA is not responsible for enforcing laws, the relevant governments are. If a shed or other improvement violates the laws or codes, any busybodies can take it up with their local government.

Very interesting that, much like in my HOA, there’s a wide range of responses among HOATalk as well.

In Florida, state law requires HOAs to allow homeowners to install artificial turf or use outdoor clotheslines in their backyards provided the area is fenced and not visible to neighboring properties. That’s mandated by law. However, it's interesting that while HOAs must comply with state law, they're not obligated to enforce county or city permit requirements within their ARC/ACC application process. Florida law below-

Florida Statute §720.3045, enacted in 2023, homeowners in HOA communities are allowed to install, display, or store items such as artificial turf, clotheslines, boats, and recreational vehicles in their backyards, provided these items are not visible from the parcel’s frontage or adjacent parcels. HOAs cannot prohibit these installations unless they are banned by general law or local ordinance.

A HOA’s design standards are a readily available documents ,usually written in plain English and quite easy to understand. All an owner has to do is read the design standards, obtain the permit, and then get HOA approval. It’s not a big deal.

Kelly, except my HOA, per the declaration, has no ability to demand proof of the permit once the application is approved. The only recourse for the HOA is filing a complaint against the owner with local authority for an improvement the HOA approved. Which is nuts.