What Is An HOA Architectural Review?

What is an HOA Architectural Review Committee (ARC)?

An HOA architectural review committee (ARC) — also called an architectural review board, architectural control committee, or simply “the ARC” — is the group that reviews homeowner requests to change the exterior of a property. Most homeowners associations have architectural guidelines within the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). These guidelines dictate what the homeowners can and cannot do with their property. For example, the architectural guidelines might limit fence heights or regulate exterior paint colors.

The ARC is in charge of reviewing architectural applications against those guidelines. Afterward, the board usually reviews the final proposal and revisions and decides whether to reject or accept the request.

The HOA ARC also interprets and enforces the guidelines when someone violates them. In some communities, the ARC exists within the board of directors. Meanwhile, other HOAs recruit volunteers from the community.

HOA Architectural Review Committee Responsibilities

The HOA architectural committee charter typically includes the following responsibilities:

• Application Review. The ARC is responsible for reviewing architectural change requests made by homeowners to ensure that all the modifications comply with the CC&Rs. They may deny, approve, or suggest changes to the proposal.
• Violation Monitoring. The ARC must inspect the community periodically for architectural violations or inconsistencies with the CC&Rs.
• Architectural Guideline Enforcement. The ARC must enforce the architectural review committee guidelines and ensure every property within the neighborhood follows the rules.
• Board Action Recommendation. After reviewing a proposal, the ARC may recommend certain actions to the board. Afterward, the board often has the final say as to whether or not to approve or reject an application.
• Policy Review. The ARC must periodically review existing policies and suggest necessary changes to the board.
• Homeowner Education. In some communities, the ARC is responsible for educating the homeowners about the community’s architectural review guidelines.

What Florida Law Says About Architectural Review

Florida boards often assume the ARC can decide whatever it thinks looks best for the community. Section 720.3035 is considerably narrower than that, and it sets three limits worth knowing before your committee reviews another application.

1. Authority must come from the documents

An association’s authority to review and approve plans is permitted only to the extent that the authority is specifically stated or reasonably inferred as to location, size, type, or appearance in the declaration of covenants or other published guidelines. If a standard appears nowhere in your recorded documents or published guidelines, the ARC has no authority to enforce it — no matter how reasonable it sounds in a meeting.

2. Standards must be applied equitably

The association must reasonably and equitably apply and enforce the architectural and construction improvement standards on all parcel owners. Approving a neighbor’s fence and denying an identical one two streets over is the textbook selective-enforcement problem, and it undermines the association’s ability to enforce that standard against anyone.

3. A denial must say exactly why

This is the requirement most committees miss. If the association or committee denies a request, it must provide written notice stating with specificity the rule or covenant it relied on in denying the request, and the specific aspect or part of the proposed improvement that does not conform to that rule or covenant.

In practice, “the ARC has denied your request” is not a compliant denial. “Your request is denied under Article VII, Section 3 of the Declaration, which limits fence height to six feet; the submitted plan shows an eight-foot fence along the rear property line” is. Writing denials this way protects the association and gives the homeowner a clear path to a revised application.

Why is the Architectural Committee Important?

The architectural review board HOA communities have might seem annoying for many homeowners. After all, people usually want to be able to do whatever they desire with their homes and properties. However, the HOA architectural review committee is essential for several reasons.

1. Curb Appeal

The architectural review committee is at the forefront of the community’s efforts to preserve curb appeal. What they do will significantly impact how the community looks from the outside. Therefore, their decisions can make or break a potential buyer’s first impression.

In addition, some communities have stunning mountain or seaside views. The ARC may also be in charge of preventing modifications from blocking those views for the residents. One homeowner may want an extension that allows them to see the ocean better. However, doing so may block the view for another homeowner.

2. Rule Enforcement

Almost every CC&R will include architectural guidelines. The ARC plays an important role in monitoring the community for potential violations and enforcing those rules. Neglecting to enforce the guidelines may lead to unenforceable rules. Moreover, the board may be held accountable for not fulfilling its duties to the community.

3. Property Values

HOAs exist to preserve property values. While HOAs can do this by maintaining the common areas, preserving curb appeal is as essential to maintaining property values as proper upkeep. After all, aesthetic appeal significantly impacts how others perceive a planned neighborhood. Uniform exterior aesthetics can enhance the community’s reputation and ensure that property values remain high.

4. Board Assistance

The HOA board has many responsibilities. It can be difficult to balance community operations with architectural application reviews. A dedicated committee can reduce the board’s workload while allowing it to enforce the rules consistently.

HOA Architectural Review Process

How should your community review architectural changes and proposals? Here are the typical steps involved in the review process.

1. Application Submission

HOAs should provide a transparent process for architectural applications. Consider creating a physical or electronic form everyone can use to submit their requests. Moreover, it’s important to establish how they should submit their requests and the timeline for the approval process.

Moving the ARC process online is the single biggest improvement most committees can make. A digital ARC approval process gives every request a timestamp, keeps the review history in one place, and makes the “stating with specificity” requirement above much easier to satisfy, because the cited rule travels with the decision. Communities Freedom Community Management manages submit requests through an online architectural review form.

Regardless, the application should include essential information such as the property address, start and end dates for the project, the contractor’s name, and the proposed changes. The procedure should be distributed to the homeowners either digitally or physically. You can also include it on your HOA website.

2. Application Review

Once the homeowners have submitted their proposal, the ARC should examine the request and compare it with the CC&Rs. If there are questions or missing details, the ARC can ask the homeowner for clarification.

3. Deliberation and Decision

The ARC should deliberate and decide whether to propose modifications or approve or reject the request. The ARC needs to be consistent and not show favoritism when making their decision. Otherwise, they could be held liable for selective enforcement.

That said, the ARC should approve requests that do not violate the CC&Rs. They should also have reasonable grounds for their denials. If a proposal could be adjusted, they should also recommend changes to the homeowners so they can submit a revised application.

4. Written Notification

The ARC must send the homeowner a written notification of their decision, either in physical or electronic form. Often, the homeowners should expect a waiting period of 30-60 days, though the exact review window comes from your governing documents rather than from statute — check whether yours provides that a request is deemed approved if the association fails to respond in time.

If the decision is a denial, this is the notice that must meet the Section 720.3035 specificity requirement described above: name the rule or covenant relied on, and identify the part of the proposal that does not conform.

5. Appeal

If their request is denied, homeowners may appeal the ARC’s decision. Sometimes, they may only need to apply the ARC’s suggested changes to approve their project. However, they should resubmit the application and not assume that making changes leads to automatic approval.

On the other hand, homeowners should also review state law and the governing documents. Depending on their provisions, the homeowners may not need to submit a reapplication to appeal the decision. When in doubt, talk to the board of directors.

An Indispensable Committee

The HOA architectural review committee (ARC) is essential for planned communities. It oversees applications and ensures that homeowners don’t violate the architectural guidelines. With an efficient ARC, the HOA can better preserve curb appeal and enhance property values.

Freedom Community Management offers industry-leading HOA management services to communities around Florida. Contact us online or call us today at 904-490-8191 for more details!