How do we write clear HOA architectural guidelines from our CC&Rs?

By OurHOA · General information · Revised November 3, 2026

How an HOA board turns CC&R architectural rules into clear design guidelines: protected items, materials and colors, submission checklists, denials, TX, FL, CO.

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

Guidelines sit under the CC&Rs

The CC&Rs usually say that owners need approval before changing the exterior of their homes, and they give that approval power to the board or an architectural committee. They rarely say what a good application looks like or which fence styles are acceptable. Architectural guidelines fill that gap. They are a rule-level document the board adopts under the authority the CC&Rs give it, so they cannot contradict the CC&Rs, the bylaws, or state and local law. Florida puts this limit in statute. Under Fla. Stat. 720.3035(1)(a), an association's power to review the location, size, type or appearance of an improvement exists only to the extent the declaration, or guidelines the declaration authorizes, specifically states it or reasonably implies it. Section 720.3035(2) adds that when the documents offer a menu of materials, sizes, designs or locations, the association cannot stop an owner from picking any item on it. So before drafting, read the architectural article of your CC&Rs and write down three things: what types of changes need approval, who decides, and any deadlines or standards the CC&Rs already set. Every line of the guidelines has to fit inside those limits.

List what owners actually ask for

Pull the last three years of architectural applications, violation letters and owner emails. Most communities see the same dozen requests: exterior paint, roofs, fences, decks and patios, windows and doors, solar panels, sheds, landscaping, driveways, lighting, generators and EV chargers. Organize the guidelines around those categories so an owner can turn straight to the page for their project. A short index at the front, listing each category and the page it starts on, saves the committee a lot of phone calls.

Carve out what state law already protects

Several states take certain items out of the committee's hands or cap what it can require. A guideline that conflicts with these statutes cannot be enforced, and a denial built on one starts a dispute the association will lose, so check them before writing anything else. Texas. Under Tex. Prop. Code 202.010, an association cannot ban solar devices outright. It can require prior approval, keep panels below the roofline, require frames and brackets in a silver, bronze or black tone, and designate the roof area for panels, unless the owner shows that another spot increases estimated annual production by more than 10 percent using a public NREL modeling tool. Chapter 202 also limits rules on flags (202.012), standby generators (202.019), religious displays (202.018), pool enclosures (202.022) and security measures (202.023). Florida. Fla. Stat. 720.3045 bars restrictions on items not visible from the frontage, an adjacent parcel, adjacent common area or a community golf course, including artificial turf, boats, flags, vegetable gardens, clotheslines and RVs. Section 720.3035(1)(b) bars review of air-conditioning and heating equipment that is not visible and is similar to an approved system. Section 720.3035(6) requires every board to adopt hurricane protection specifications and forbids denying an application that meets them. Colorado. C.R.S. 38-33.3-106.5 allows only content-neutral rules on the number, location and size of flags and signs, bans requiring cedar shakes or other flammable roofing, and says the association cannot effectively prohibit renewable energy devices. For detached homes, section 106.5(1)(i.5) requires the association to select at least three preapproved water-wise front-yard garden designs, post them on its website if it has one, and allow vegetable gardens in front, back and side yards.

Write standards an owner can meet without calling you

The test for a good guideline is whether an owner and a contractor can read it and submit a project that gets approved on the first try. Replace 'fences must be attractive and in harmony with the community' with something like 'rear-yard fences may be wood or vinyl, up to 6 feet tall, in white, tan or natural cedar; front-yard fences are not allowed.' Publish an approved color palette with manufacturer names and color codes, and say whether a matched color from another brand is acceptable. List approved roofing profiles and colors. Give dimensions, setbacks and heights as numbers. Include photos or simple sketches of acceptable and unacceptable examples. Where the committee needs discretion, name the factors it will weigh, such as scale relative to the lot or visibility from the street. In Colorado, fence standards for fire-hardened materials cannot raise the cost by more than 10 percent compared with other fire-hardened fencing, under section 106.5(3)(c). Clear standards also make decisions easier to defend, since the committee can point to a written line instead of a feeling.

Spell out the submission requirements

Put the application form and a checklist in the guidelines. A typical checklist asks for the owner's name, address and contact information; a description of the project; a site plan or plat showing where the work goes, with dimensions; product information such as brochures, color chips or manufacturer specification sheets; photos of the current condition; the contractor's name and license number where the trade is licensed; and planned start and finish dates. For large projects, ask for drawings. Florida associations cannot require a government building permit before they review an application, under section 720.3035(1)(c), so ask for the permit as a condition of approval rather than as part of a complete application. Say where and how to submit, whether a fee applies and how much, and whether neighbors must be notified. State that an application is complete only when every checklist item is in, and tell owners within a few days if something is missing.

Set review deadlines and write denials the statutes accept

Write down how long the committee has to decide and what happens if it misses the deadline. California Civil Code 4765 requires a fair, reasonable and expeditious procedure, stated in the governing documents, with prompt deadlines and a maximum time to respond. Decisions must be in writing, and a denial must explain why and describe how to ask the board to reconsider at an open meeting. Colorado deems a fire-hardened fencing application approved if it is not denied or returned for changes within 60 days, under section 106.5(3)(c). Otherwise, check your CC&Rs for a deemed-approval clause and repeat it accurately. In Texas, section 209.00505 applies to associations with more than 40 lots once the declarant no longer controls the committee. A denial goes out by certified mail, hand delivery or email, gives the reason in reasonable detail with any changes that would earn approval, and tells the owner they may request a board hearing within 30 days. The board must hold the hearing within 30 days of the request, give 10 days' notice, and may affirm, modify or reverse. Senate Bill 711 (effective September 1, 2025) moved the committee eligibility rules to sections 209.00506 and 209.00507; our guide on setting up an architectural review committee covers them. In Florida, section 720.3035(4)(a) requires a denial to name the specific rule or covenant relied on and the part of the project that does not conform. A denial paragraph that works in all three states: 'The committee denies the application dated March 3 for a rear fence at 412 Elm Court. Section 4.2 of the Architectural Guidelines limits rear fences to 6 feet; the plans show 8 feet. A fence of 6 feet or less in the same material would meet the guidelines. You may request a hearing before the board by writing to the secretary within 30 days of this notice.'

Cover the steps after approval

Say how long an approval stays valid before work must start, how long the owner has to finish, whether the committee inspects completed work, and what happens if the finished project differs from the approved plans. State that approval covers only the association's rules and does not replace building permits or code compliance. Include how an owner requests a change to an approved project. These rules prevent the common dispute where an owner builds something slightly different and argues it was approved. Our guide on handling an owner who built without architectural approval covers what to do when that happens anyway.

Adopt it properly, record it, and keep it current

Follow the rule-adoption process in your documents and state law. In California, Civil Code 4355 applies the rule-change procedure to architectural standards, and section 4360 requires 28 days' notice of the proposed text and its purpose, a decision at a board meeting after considering comments, and notice of the adopted change within 15 days. Section 4765(c) also requires an annual notice to members describing which changes need approval, with a copy of the review procedure. Colorado associations must have a written policy on adopting and amending rules under C.R.S. 38-33.3-209.5(1)(b)(VII), so follow your own policy. In Texas, guidelines adopted under the declaration are dedicatory instruments, and Tex. Prop. Code 202.006 says a dedicatory instrument has no effect until it is filed in the county real property records. Record the adopted guidelines and every amendment. Before the vote, hand the draft to two owners who recently went through review and a contractor who works in the community, and ask the committee to run five old applications through it. Have an attorney check the final draft against the CC&Rs and state law. Then date it, post it, put it in resale packets, and review it every two or three years or when a listed product is discontinued. Rules vary by state and by each community's documents, and this guide is general education, not legal advice.

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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