How does an HOA board approve a mural or public art on a perimeter wall or common area?

By OurHOA · General information · Revised October 19, 2026

How an HOA board approves a mural on a perimeter wall or common area: owner input, the artist contract, the federal VARA waiver, sealing, upkeep and removal.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

A mural on an entry wall or the side of a pool house is an improvement to association property, so the board treats it like any other project with one extra piece of paperwork. Confirm the board has the authority under the declaration, get owner input on the design, hire the artist under a written contract, and have the artist sign a waiver of their federal rights over the physical work before a drop of paint goes on the wall. That last step is the one most boards skip, and it costs nothing at the start. Fifteen years later, when the wall needs replacing, its absence can cost a lot. Rules vary by state and by your governing documents, and this guide is general education, not legal advice.

Confirm who has to approve it

Start with the declaration, not the architectural guidelines. Lot-level architectural review covers what owners build on their own lots; Florida's 720.3035(1)(a), for example, speaks to improvements on a parcel. A mural on association property is a decision about common area. In Colorado, 38-33.3-302(1)(f) lets the association regulate the use, maintenance, repair, replacement and modification of common elements, subject to the declaration. Florida's chapter 720 has no general rule requiring an owner vote to alter HOA common area, so the declaration controls. Florida condominiums are different: under 718.113(2)(a), a material alteration or substantial addition to the common elements needs the approval the declaration sets, or 75 percent of the total voting interests if the declaration is silent. A large mural on a condo building wall could fall in that category. In Texas, 202.004(a) presumes a board's discretionary decision under a restrictive covenant is reasonable unless it is arbitrary, capricious or discriminatory, so keep a clean record of how the design was chosen. If the declaration caps spending without an owner vote, check the total cost, coating and upkeep included, against that cap.

Choose the wall, then the artist

Walk the wall first. Paint will not hold on masonry that is cracking, efflorescing or wet from a failed cap, and a mural makes a bad wall look worse within two summers. Get a mason or painter to price the prep: pressure washing, repointing, a new cap if water gets in from the top, and primer. If the wall faces a public street, call the city. Some cities run mural programs that sit outside the sign code. Denver's 2019 mural policy, for example, reviews murals submitted through its arts agency as works of art rather than signage, starts with a 30-day review, and requires Landmark Preservation review in historic districts. Others are stricter: North Miami allows murals only in certain commercial districts, on building facades, with a $524 permit fee. Ask your city's planning or arts office before you announce anything. For the artist, ask two or three for a portfolio, a rough sketch and a price range. Check references as you would for any contractor, and get a certificate of insurance before the artist sets up a lift next to a sidewalk; our guide on how to check a vendor certificate of insurance covers what to look for.

Get owner input on the design

Owners will live with the mural every day, and the fastest way to get a petition is to unveil a finished design nobody asked for. Pick two or three sketches from the artist and put them in front of owners before the board votes. A one-question survey works: "The board is considering a mural on the [north entry wall]. Which of these designs do you prefer? A, B, C, or I would rather keep the wall painted a solid color." Give owners two weeks and post the sketches at the wall itself as well as online. Keep the content neutral. A local scene, wildlife or the community's history ages well; a slogan or a political image invites a fight and, if the board later wants it gone, a much louder one. Report the survey results in the meeting packet, even if the winner is the board's second choice.

The federal art law most boards miss

The Visual Artists Rights Act, codified at 17 U.S.C. 106A, gives the author of a work of visual art, which 17 U.S.C. 101 defines to include a painting existing in a single copy, two rights. One is attribution. The other is integrity: the right to prevent intentional distortion or modification that would harm the artist's honor or reputation, and to prevent destruction of a work of recognized stature. For works created after June 1, 1991, those rights last for the artist's life. They belong to the artist even if the association owns the wall and buys the copyright. The 5Pointz case shows what is at stake. A New York developer whitewashed aerosol murals on buildings he owned; the trial court awarded $6.75 million, $150,000 for each of 45 works, and the Second Circuit affirmed in 2020, holding that even temporary art can reach recognized stature. Section 113(d) gives a building owner a way out. For a mural that cannot be removed without destroying it, there is no integrity claim if the artist and the owner signed a written instrument acknowledging that installation may subject the work to destruction, distortion, mutilation or other modification by reason of its removal. For a removable piece, such as panels bolted to a wall, the owner must give the artist written notice and 90 days to remove the work or pay for its removal. Two more points. A work made for hire is not a work of visual art at all, but an independent artist painting under contract is rarely the association's employee, so do not count on that exclusion without your attorney's view. And fading from weather and age is not a violation; 106A(c) says so directly.

What the artist agreement should say

Use a written contract, reviewed by the association's attorney. It should cover the final approved design, attached as an exhibit, and the wall location. It should set the price and a payment schedule, such as one third at signing, one third when the outline is up and one third on completion. It should set the start and finish dates and the paint and coating products, and include the artist's insurance and a hold-harmless clause. It should also grant the association a license to photograph the mural and use the images in newsletters, on its website and in sale listings. The artist keeps the copyright unless it is transferred in a signed writing under 17 U.S.C. 204(a), so a license is the realistic ask. It should give the artist a first right to do touch-ups at an agreed rate, and say what happens if the artist cannot. Finally, include the 113(d)(1) acknowledgment, signed by the artist and by an officer for the association. Wording to give your attorney: "Artist acknowledges that the Mural is being installed on the Association's wall in such a way that removing it would cause its destruction, distortion, mutilation or other modification, and that installation may subject the Mural to destruction, distortion, mutilation or other modification by reason of its removal. Artist waives, to the extent permitted by 17 U.S.C. 106A(e), the rights of integrity in the Mural for any removal, repair, repainting or replacement of the wall." Under 106A(e), a waiver must specifically identify the work and the uses it covers, so the exhibit with the design matters.

Seal it and budget for upkeep

An unsealed mural on a street wall is an invitation. The National Park Service's Preservation Brief 38 describes two kinds of clear anti-graffiti coating. A sacrificial coating comes off with the graffiti and has to be reapplied. A permanent coating stays on, though it usually needs reapplying after several cleanings. Ask the artist which system is compatible with their paint before buying anything, because the wrong coating can cloud or lift the colors. Denver's mural policy recommends a sealant or graffiti coating and expects graffiti removed within 48 hours, which is a sound standard for any board; our guide on vandalism and graffiti on common area covers reporting and cleanup. Put a line in the operating budget for an annual inspection and touch-ups, and a reserve component for recoating and eventual repainting of the wall. Decide now, and write into the minutes, that the board may repaint the wall a solid color once the mural has faded past repair.

A sample timeline and motion

Month 1: check the declaration and spending limits, walk the wall, call the city. Month 2: collect portfolios and price ranges from two or three artists; pick one to prepare sketches. Month 3: owner survey for two weeks, then a board vote at a noticed meeting. Month 4: contract and waiver signed, wall prep done. Month 5: painting, usually one to three weeks of dry weather, then the clear coat once the paint has cured to the maker's schedule. Sample motion: "Moved to approve design B for the north entry wall mural by [artist] at a total cost of $[amount], including wall preparation and anti-graffiti coating, payable from [budget line], subject to a signed artist agreement that includes a waiver under 17 U.S.C. 113(d)(1) and 106A(e), and to any required city approval."

Mistakes boards make

Painting before the waiver is signed, then trying to get it signed after the artist has been paid. Letting a director's relative paint it for free with no contract, which leaves the association with no license, no insurance and no waiver. Skipping the wall repair and watching the mural peel. Forgetting the reserve line, so the first graffiti hit or the first faded summer turns into a budget fight at the annual meeting. And never writing down that the mural can be retired, so a future board inherits a wall nobody feels free to touch.

Sources

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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