Many community associations are governed by architectural design guidelines. Often, those guidelines are enforced by an architectural review committee (sometimes called architectural control committees or architectural design committees). The guidelines allow owners to know what types of changes require approval, acceptable materials and colors, and the process to appeal a decision.
Ideally, architectural design guidelines should educate owners about the design review process. Here is an overview of what should be contained in the guidelines.
1. The authority in the CC&Rs or other governing documents which allow for the adoption and enforcement of design guidelines. Typically, the CC&Rs contain a broad restriction requiring approval for all construction or “improvements”. The guidelines, in turn, detail the process and criteria.
2. Indicate what changes require review and approval. In some associations, landscaping changes do not require review or approval, while any changes to the exterior do require approval. Most architectural guidelines require approval for all new construction (including dwellings, sheds and outbuildings), material changes in paint color, and the installation of hot tubs and swimming pools. The guidelines should state exactly what changes require the submittal of plans and architectural review.
3. The guidelines should articulate the criteria for approval. In most cases, architectural review committees have broad authority to approve or deny an application. Whether the design or color of a structure fits within the aesthetics of the community is an inherently subjective determination. Attempt to include as much criteria as possible. For example, all paint colors must be earthtone, fences must be cedar, roofs must be composition style, etc.
4. Detail the procedure that will be followed for architectural submittal and approval. Indicate the type and size of the plans that must be submitted, whether color swatches must be included, and all other information required for the committee to make an informed decision. The procedure should also state the time frame for the review and the decision. If there is an appeal right, state the time frame for the appeal and whether the appeal is decided by the committee or the board of directors.
5. If the CC&Rs do not dictate the number of architectural committee members, the guidelines should set forth the number of individuals. In addition, the guidelines should contain the term limits for each member, whether the members are appointed by the board or elected by the membership, and the criteria for removing a committee member.
Architectural guidelines are not usually recorded in the county records. As a result, it is important to provide the guidelines to all owners, especially new owners in the committee.