How do we write clear HOA architectural guidelines from our CC&Rs?
By OurHOA · General information · Revised
How an HOA board turns CC&R architectural rules into clear design guidelines: approved materials and colors, submission requirements, review timelines, updates.
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. 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. Everything in the guidelines must fit inside those limits. Other guides explain how architectural review works from the owner's side and how long an HOA has to decide.
List what owners actually ask for
Go through the last few years of architectural applications, violation letters, and owner questions. Most communities see the same dozen requests: exterior paint, roofs, fences, decks and patios, windows and doors, solar panels, sheds, landscaping changes, driveways, lighting, generators, and EV chargers. Organize the guidelines around those categories so an owner can go straight to the page for their project. Also check which items state or federal law already protects or limits, such as solar energy systems, satellite dishes, flag displays, drought-tolerant landscaping, and accessibility changes, and make sure your standards do not prohibit what the law allows.
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 an equal 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 you want the committee to keep some discretion, say which factors it will weigh. 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 licensed; and the planned start and completion dates. For large projects, add drawings and any required building permit. 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 all checklist items are in, and tell owners within a few days if something is missing.
Set review timelines and follow the statutes that apply
Write down how long the committee has to decide and what happens if it misses the deadline. Some states set requirements here. California Civil Code section 4765 requires a fair, reasonable, and expeditious procedure that is in the governing documents, provides prompt deadlines, and states the maximum time to respond to an application or a request for reconsideration. Decisions must be in writing, and a denial must explain why and describe how to ask the board to reconsider at an open meeting. In Texas, Property Code section 209.00505 applies to associations with more than 40 lots after the development period. It bars current board members, their spouses, and members of their household from serving on the architectural review authority, and it requires written notice of a denial that describes the reason and tells the owner they can request a board hearing within 30 days. Neither statute makes an application approved automatically if the association misses a deadline. Some CC&Rs do contain a deemed-approval clause, so check yours and repeat it accurately in the guidelines.
Cover the steps after approval
Owners also need to know what happens after they get a yes. 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. Clear follow-up rules prevent the common dispute where an owner builds something slightly different and argues it was approved.
Adopt it properly and keep it current
Follow the rule-adoption process in your documents and state law. In California, Civil Code section 4355 applies the rule-change procedures to architectural and aesthetic standards for separate interests, and section 4360 requires the board to give members at least 28 days' notice of a proposed rule change with its text and purpose, decide at a board meeting after considering comments, and give notice of the adopted change within 15 days. California also requires the association to send members an annual notice describing which changes need approval, with a copy of the review procedure. Other states have their own notice rules, and many CC&Rs add some. Once adopted, date the document, post it where owners can find it, and give it to buyers in resale packets. Review it every two or three years, or sooner when manufacturers discontinue a listed color or product.
Test the draft before adopting it
Before the board votes, hand the draft to two or three owners who recently went through review and to a contractor who works in the community. Ask them to walk through a real project using only the guidelines. Where they get stuck, the text is unclear. Ask the committee to apply the draft to five old applications and see whether it would reach the same results. Have an attorney review the final draft for conflicts with the CC&Rs and state law, especially on protected items like solar, flags, and accessibility. A short review now costs less than defending a denial based on a guideline the association had no authority to adopt.
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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