What Is An HOA Architectural Committee?
Homeowners associations usually have an architectural committee in charge of overseeing
architectural requests and guidelines in the neighborhood. If you live in an HOA community, it is
essential to learn what an HOA architectural committee does and how you factor into the
equation.
What Does an HOA Architectural Committee Do?
The Architectural Committee in an HOA is a committee that manages architectural changes and
compliance in the community. Some communities call them Architectural Control Committees
(ACC) or Architectural Review Committees (ARC). Larger associations usually assemble this
type of committee, with ARC responsibilities falling to the HOA board in smaller associations.
Anyone who has ever lived in a planned development knows that consistency is paramount in
such neighborhoods. Homeowners must follow a set of architectural guidelines and go through
an application process if they wish to make any changes. This is where the ARC comes in.
The HOA Architectural Committee inspects the community for any architectural violations
and
also reviews all architectural change requests. In doing so, the HOA gets to maintain its uniform
aesthetic, thereby enhancing curb appeal
as well as protecting property values.
Other responsibilities that fall under the ARC include:
● Reviewing the architectural guidelines to ensure they are consistent with the governing
documents
● Recommending changes to the HOA board
● Endorsing an approval or denial of an architectural request
● Keeping homeowners informed of the architectural guidelines and application process as
well as any changes thereof
HOA vs COA Architectural Committee
The ARC’s scope of authority can change depending on the type of association you have.
For
homeowners associations consisting of single-family homes, the committee typically oversees
the following:
● Structure placement
● Structure design and measurements
● Lot setback requirements
● Alterations to landscaping
● Exterior paint colors and/or finishes
● Roofing materials
● Fences
● Regulation of satellite dishes, solar panels, and electric vehicle charging stations
In contrast, condominiums normally have more shared elements. The ARC in COAs typically
oversees the following:
● Changes to the interior flooring
● Electrical design
● Balcony furniture, plants, and flooring
● Design, covers, and tints of windows
● Satellite dish placement
● Regulation of electric vehicle charging stations
Understanding HOA Architectural Committee Guidelines
Every homeowners association has a set of architectural guidelines that members must follow. These guidelines explain what homeowners can and can’t do with their property.
Keep in mind, though, that there are some guidelines that may not be enforceable within your
community. Depending on federal and state laws, your HOA may not legally restrict you from
installing some fixtures or structures.
For instance, if you wish to install a satellite dish or antenna, the HOA can’t prohibit you from
doing so. You are protected by the FCC’s OTARD Rule. However, your HOA can place
restrictions such as size and placement regulations.
Some states also have solar access laws that protect your right to generate solar energy. That
means, if you live in a state with such laws, your HOA can’t legally forbid you from installing
solar panels.
It is imperative that HOAs remain informed about the various federal and state laws that may
impact their architectural guidelines. This way, HOAs can avoid the risk of liability. In the same
way, homeowners like you should know about these laws so that you can safeguard your rights.
The ARC Application and Approval Process
In most homeowners associations, members can’t make any changes to their property’s exterior
without going through the HOA Architectural Committee. This usually involves a standard
procedure that homeowners must follow to put in requests for architectural changes. The ARC
reviews each application and determines whether or not it coincides with the community’s
guidelines.
The process can differ from HOA to HOA. But, it normally includes these three steps:
1. Application
If you want to make an architectural change to your property, you need to start by filling out an
application form. The form can look different depending on the association, but most of them will
ask you for important information about your request. Some of the information you can expect to
provide include but are not limited to:
● The type of architectural change
● The purpose of the change
● All the materials you plan to use, including the paint color and finish
● Illustrations of the design
● Additional project details
● Contractor information
● Schedule of work
● Estimated completion date
● Any necessary permits
2. Review
After filling out the form, you will submit it to the HOA Architectural Committee for review. The
committee will go through your application and compare it with the association’s guidelines. The
ARC must approve or deny the application in good faith. That means they must objectively view
each application and make reasonable decisions.
3. Decision
In some cases, the ARC gets to approve and deny the application. But, in most associations,
the ARC only makes recommendations to the HOA board. The board will hold the final say.
Again, when making a decision, the board must exercise good judgment.
Homeowners can usually expect a response within a specified period of time. This time period
can vary depending on your state laws and governing documents. Typically, though, you can
expect a reply within 30 days. If the board denies your request, they should provide you with a
reason in writing. You will also receive the opportunity to request reconsideration.
After the decision, the HOA must make a digital and physical copy of the form as well as the
approval or denial. Storing such copies will allow for easy dispute resolution in the future
because you can use them as a reference.
The Importance of Obtaining Approval
Many homeowners might feel like the ARC process is just a formality, though it is anything but.
The process is designed to uphold the association’s architectural guidelines and ensure
everyone remains compliant.
Therefore, seeking approval is a must, even if you have to wait a
while.
If you start the construction process without obtaining approval, the ARC may force you to
reverse the work and start all over again — this time, following the proper guidelines. This will
ultimately cause you to lose both time and money. In some cases, it might even postpone your
project.
What Happens If You Violate the Guidelines?
A breach in the architectural guidelines will result in a number of possible consequences. It can
vary from association to association, but it usually starts with a warning notice. From there, you
might need to go through a dispute resolution process if you choose to challenge the violation.
In some cases, the ARC may even fine you because you violated the guidelines. The good
news is you will normally be afforded a chance to make an argument for yourself during a
disciplinary hearing. Still, if the HOA finds you guilty of the violation, then you must pay the fine
and suffer the penalties.
Can an HOA Revoke Approval?
Sometimes, you might already receive approval to start construction only to have the board
overturn its decision. This can certainly frustrate you, but is it actually allowed? This is where
reliance comes into play.
HOA boards do have the power to reverse decisions, but they can’t do so if you have already
acted on the decision in reliance. That means, if you have already begun the construction or
installation process because they gave you the go signal before, then they can’t make you undo
the changes.
For the Good of the Community
Having an HOA Architectural Committee may seem like a foreign concept, and even
unnecessary, to you. But, this committee does serve a function within the community. They
make sure the neighborhood consistently looks great and that homeowners comply with the
architectural guidelines set forth within the governing documents. In doing so, they help
maintain curb appeal and protect property values.
For the Good of the Community
Having an HOA Architectural Committee may seem like a foreign concept, and even
unnecessary, to you. But, this committee does serve a function within the community. They
make sure the neighborhood consistently looks great and that homeowners comply with the
architectural guidelines set forth within the governing documents. In doing so, they help
maintain curb appeal and protect property values.