HOA architectural review committees oversee architectural requests and submit them to the board for approval. Through the process, the board can review physical modifications and ensure they follow the rules. However, as a homeowner, this process can be frustrating to go through. The application can be long and tedious. What’s more, there are times when they find their ARC request denied. What can homeowners do when that happens? Let’s find out.
Why Would an HOA Reject Architectural Review Request?
HOAs are often strict about what modifications homeowners can make to their properties. While it may seem unfair, the architectural review committee (ARC) does have the right to reject a homeowner’s request. HOA boards do so for two main reasons:
- Violation of CC&Rs. The community’s declaration may outline specific materials, heights, and sizes for various external fixtures. If the homeowner’s proposal violates these guidelines, HOAs may reject the request.
- Lack of Aesthetic Appeal. HOAs are particular about aesthetic appeal, so the board may reject requests to reduce the community’s aesthetic appeal.
Regardless, homeowners will learn why they find their ARC request denied. The board usually formally responds to the homeowners outlining why they cannot approve the request. Depending on the reason, homeowners may or may not request an appeal.
Can the Board Deny a Request Arbitrarily?
Sometimes, it can feel like an HOA board denies ARC requests for no good reason. However, homeowners associations usually need to base their decisions on an objective standard outlined in the governing documents. It’s best to review the HOA documents to understand the association’s authority to approve and deny requests. State laws may also have something to say about what ARCs can and cannot do.
For example, the Florida Statutes Section 720.3035(1) states that the ARC’s authority shall be permitted only to the extent that the authority is reasonably inferred or stated explicitly as to the type, appearance, size, and location in the HOA’s published guidelines or declaration. This means the ARC may only deny or approve modification requests based on objective standards set in the CC&Rs or architectural review guidelines.
ARC Request Denied: What to Do Now?
“HOA denied our ARC request, what can we do?” This question is not uncommon in planned communities. Homeowners associations are uncompromising when it comes to architectural standards. After all, it’s part of what allows HOAs to look aesthetically pleasing — thus preserving property values. That said, can homeowners do anything when they find their ARC request denied? Yes, there is. Here are some things you can do.
1. Review the ARC’s Response
If you find the HOA reject architectural review request, the first step should be to review the board’s formal response. Why is the architectural review committee denying the request? Did they specify which part of the plan was unacceptable? Moreover, did they outline any steps the homeowner can take to rectify the issue?
If the response did specify what was wrong with the plan, then it may be an easy fix. All the homeowners need to do is adjust their plans accordingly. Afterward, they can appeal and negotiate with the board.
2. Study the Rules
Homeowners should study the governing documents and review the letter in which the HOA denied a modification request. Doing this will help them understand what they can and cannot modify in their homes. Requests that violate the rules will be rejected regardless. Meanwhile, the board may allow requests that are not against the rules.
If the rules in the governing documents are vague — or if your request falls under a grey area — it may be helpful to take note of the relevant rules to reference them later during the appeal. On the other hand, let’s say the request goes against the rules but is unique because of special circumstances. In this case, homeowners may request a variance and convince the board why their condition differs.
For example, let’s say homeowners in the HOA are only allowed to build fences that are not visible from the frontage. Let’s say the homeowner making the request owns a lot barely visible on the main street. In this case, building a fence in the front yard will not be visible even if it’s in front of the house. The homeowner may be able to request a variance since the request technically does not violate the rules.
3. Adjust Your Plans
What can homeowners do after an HOA rejects ARC request? Once they’ve reviewed the response and examined the rules, homeowners can adjust their proposal to comply with the board’s wishes. For instance, they can adjust the size to fit the association’s requirements if their desired patio project is too large for the HOA.
Do not rush this process, even if the fix seems quite small. Remember that even if the modifications address the board’s problems with the old design, you may run into new ones or create new problems if you’re not careful. As such, we recommend referring to the governing documents during the process and ensuring the new proposal aligns with all of the HOA’s other architectural rules.
4. Appeal to the Board
After preparing the new proposal, the homeowner may appeal to the board. Each association will have a different appeal process. Homeowners should review their community’s governing documents to verify what this process entails. Moreover, some states will have specific rules about ARC appeals. For example, California Civil Code Section 4765(a)(5) states that homeowners are entitled to reconsideration at an open meeting.
5. Prepare for the Appeal
Lastly, homeowners should prepare their defense and appeal to the board. Make sure to gather all the necessary documentation regarding the modification request. Compile all the changes you will make to ensure the plan follows the rules and addresses the board’s concerns. If required, you may also need to keep reference materials handy, such as notes regarding the architectural standards.
Make a Proper Appeal
Homeowners may sometimes find their ARC request denied. While it may seem like the end of your plans, there are some things you can do to push through with the project. Generally, homeowners can appeal to the board by adjusting their plans to fit the community’s rules and aesthetic guidelines. Once they do this, they may be able to convince the board to approve the request.
Clark Simson Miller provides planned communities excellent remote HOA management and accounting services. Call us today at 865.315.7505 or contact us online for more details!
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