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Can an HOA charge a fee for architectural review?

Reviewed by the OurHOA team · Updated June 2026

Whether an HOA can charge an application, review, or deposit fee to approve your home improvement, where that authority comes from, how much is reasonable, and the limits on what they can collect.

The short answer

Often, yes - but only if the governing documents authorize it and the amount is tied to a real cost. Many associations charge a flat application or review fee when you submit a project to the architectural review committee (ARC), and some also require a refundable deposit on larger construction. What an HOA generally cannot do is invent a fee out of thin air or use it as a profit center. The fee has to rest on the recorded documents and approximate what the review actually costs the association.

Where the authority comes from

The power to charge an architectural fee comes from the CC&Rs or recorded architectural guidelines, not from the board's preference. If the declaration or a properly adopted ARC policy says applications carry a review fee, that's your authority; if nothing in the documents mentions one, a board-invented fee is on shaky ground. Several states also cabin the amount. California Civil Code section 5600(b), for example, bars an association from imposing or collecting a fee that exceeds the amount necessary to defray the costs for which it is levied, and Civil Code section 4765 requires architectural review procedures to be fair, reasonable, and expeditious. Our guide on the HOA architectural review process explains how ARC approval works from start to finish.

Review fee vs. refundable deposit

These are two different things and worth separating. A review or application fee is a (usually modest) charge that covers the administrative cost of processing your request - and, on complex projects, the cost of an outside architect or engineer the ARC hires to evaluate plans. A construction or compliance deposit is a larger, refundable sum the association holds to cover potential damage to common areas (torn-up landscaping, a cracked sidewalk from heavy equipment) or to ensure the project is finished to the approved plans; it is returned after a final inspection, minus any documented damage. A deposit that is quietly non-refundable is really a fee wearing a deposit's name.

How much is reasonable

A legitimate architectural fee approximates the association's actual cost: staff or manager time, mailing, recording, and any professional reviewer the project genuinely requires. A simple paint-color or fence request shouldn't carry the same fee as a full home addition that needs an engineer's sign-off. Where the fee is far larger than any plausible cost - or where the same flat charge is applied to a trivial request - it starts to look like a revenue grab rather than cost recovery. The same actual-cost logic governs what an HOA may charge for copies of records, which our guide on whether an HOA can charge for records or copies covers in more detail.

Red flags that the fee is improper

Watch for a few warning signs. A fee with no basis in the declaration or a validly adopted policy is the most common problem - charges of this kind usually need documented authority. A 'deposit' that never comes back, a fee set well above any real review cost, or one used to discourage owners from applying at all are all questionable. So is charging some owners and waiving it for others, which raises a selective-enforcement concern. And a fee can never be used to make an approval contingent on something the documents don't allow - if your project is denied, our guide on whether an HOA can deny an architectural request explains the reasonable-versus-arbitrary line and your appeal rights.

What to do - and how OurHOA helps

Before you pay, ask the board in writing to identify the document provision that authorizes the fee and to break down what it covers, and confirm in writing whether any deposit is refundable and on what conditions. Keep a copy of everything; a fee that's undocumented or wildly out of line with the work is disputable. For boards, the honest approach is to set a clear, modest, cost-based fee schedule, distinguish review fees from refundable deposits, and apply the same schedule to every applicant. OurHOA helps small self-managed communities keep architectural requests, fee schedules, and approvals organized and consistent, so the process is transparent and fees stay tied to real costs. For the exact authority and any cap that apply to you, check your governing documents and your state's HOA statute.

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These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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