You’ve lived in your community for a few years, and now you are determined to get more involved because you believe you can make a difference. Instead of jumping into the full commitment of serving as a Board member, you decide to ease into service for your POA and answer the call for volunteers to […]
Court of Appeals Decision Recognizes Swim Spas as Swimming Pools: A Victory for Community Association Law (MI)
In Hills of Oakland Subdivision Association v. Victoria M. Seibert, the Michigan Court of Appeals ruled that “swim spas” meet the common usage of the term “swimming pool,” which is an important precedent for community association law. Many associations’ governing documents include explicit prohibitions on above ground swimming pools. Read the article…………………………….
Why Does an HOA Need an Architectural Control Committee?
When purchasing a home in an HOA, the buyer agrees to certain rules and regulations. They’re also agreeing to keep their home and yard up to certain standards and to adhere to the aesthetic of the overall community. This is where the Architectural Control Committee (ACC) comes in! Read the article…………………………….
What is an ARC or ACC in HOA
As an HOA board member, you’ve likely encountered the acronyms ACC or ARC in your day-to-day operations, but what exactly do they stand for? More importantly, what roles do they play in the governance of your association? Keep reading as we break down the meaning of architectural review committees (ARC)/ architectural control committees (ACC), shedding […]
Architectural Review in Homeowners’ Associations (FL)
Architectural restrictions are one of the many reasons people purchase homes governed by homeowners’ association as they serve to preserve an aesthetic quality to the community and the value of the homes in the community. However, architectural restrictions are also historically a great source of contention between the Board or architectural review committee and the […]
Controlling The Look And Feel In Your HOA
Homeowner associations maintain control over the common elements and exterior appearance of the structures for a variety of reasons. Most HOAs are built with a design theme, exterior materials s and color palette that, if compromised, reduces the value of the homes. Well designed and enforced architectural design policies help maintain uniformity, which in turn […]
ADUs in Arizona: Navigating New Laws and HOA Regulations
Our firm has received several questions regarding recent changes in Phoenix and Tucson Law which expand the options for owners to build Alternative or Accessory Dwelling Units (ADUs) or casitas on their lots. An ADU is an independent housing unit that shares a lot with a primary residence. ADUs typically have their own separate living […]
Ask a real estate pro: Can HOA change rules about paint color for our house? (FL)
Q: Two years ago, we filled out the appropriate form with paint samples for the house, trim, and a new roof and submitted it to our community association, which the board approved. Recently, the new board president sent us a letter telling us that although we were approved in April 2022, it was incorrect, and […]
Homeowner Association Architectural Review Standards (FL)
Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney. Read the article…………………………….
Spring Is Here – Time To Get Your Architectural Review House In Order
Winter is over and spring has finally arrived! For many homeowners this means that the time has come to begin thinking about home improvement projects. Installing gardens, refreshing landscaping, expanding patios, constructing sheds, and house painting are common spring and summer projects. For associations, and their architectural review committees, this could mean an influx of […]
New Law Impacting Hurricane Protections for Florida HOAs
Florida House Bill 293 (HB 293) was signed into law and immediately went into effect. This new law addresses hurricane protections for homeowners’ associations (HOAs) in Florida. Entitled “Hurricane Protections for Homeowner Associations,” this new Florida law mandates that HOAs adopt specific hurricane protection standards for structures and improvements within their communities. These standards must […]
Homeowner Association Architectural Review Standards (FL)
Two of the bills signed into law this month by the Governor modify Florida Statute 720.3035 regulating architectural review. Because of these two pending changes to the law, homeowner’s associations should review their architectural review with their community association attorney. Read the article…………………………….
DeSantis signs law that forces Florida HOAs to allow residents to install storm-hardening improvements
Homeowners associations may no longer deny applications from homeowners to install certain storm-hardening equipment under a bill signed by Gov. Ron DeSantis this week. Read the article…………………………….
Can your HOA prevent you from renovating your house? (FL)
A house is one huge investment that most people aspire to attain in their lives. And when you finally achieve this goal, you will feel excited to personalize it and make it truly your own. However, before you proceed with that renovation plan, check if there are restrictions in your neighborhood. Read the article…………………………….
Understanding Landscaping Architectural Requirements for Co-owners
When it comes to maintaining the aesthetic and functional integrity of shared properties, understanding the landscaping architectural requirements is crucial for co-owners. Whether you are part of a homeowners association (HOA), a condominium association, or any other type of residential community, staying informed about these regulations can help you avoid legal pitfalls and ensure your […]
Architectural Review Committees – Their Powers Get Slashed (FL)
HB 1203 made some major changes regarding architectural review committees. To sum it up, their powers were greatly slashed. Let’s take a look: An association or any architectural, construction improvement, or similar committee of an association must reasonably and equitably apply and enforce on all parcel owners the architectural and construction improvement standards authorized by […]
Mastering ARC Applications: Best Practices for HOA Board Members
If you’re part of a community association board, you will become familiar with Architectural Control – the process for reviewing and approving additions or exterior modification requests for homes within the community. Whether the board is tasked with managing the process or delegated to an Architectural Review Committee (ARC) or Architectural Review Board (ARB), you […]
Mastering the Architectural Review Process
Reviewing architectural applications is typically part of a community association manager’s bread and butter. However, the architectural review process can be fraught with stumbling blocks, and architectural disputes with homeowners can be drawn-out, expensive affairs. A few practice tips for processing architectural applications are listed below to help master the architectural review process: Read the […]
A Mooresville couple tried to paint their home. They were hit with a $1,000 fine from their HOA (NC)
Living in a neighborhood run by a homeowners association has its advantages, like maintaining uniformity with the exterior colors of the homes. But after discovering some of their HOA’s “approved” colors didn’t even exist anymore, a Mooresville family found themselves asking, “Where’s the money?” The family picked a color they liked, only to be hit […]
Architectural Reviews
February is the time of year when those of us in Ohio start thinking about sunnier and warmer days to come. For many people, that means making plans for summer projects and improvements to their homes. Establishing architectural standards and reviewing applications for exterior improvements is one of the most important jobs for many HOA […]
Navigating the Complex World of HOA Architectural Control (FL)
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? In the case, Young v. Tortoise Island Homeowners Association, Inc., the court reasoned that, in the absence of an existing pattern or scheme of architecture which puts purchasers on notice that only […]
HOA in push for color change painted ‘big white square’ on my house without my permission (FL)
Question: The paint committee in my HOA is telling me to change the color of my house to white because I have a gray roof. My house is now cream with gray trim. It’s been that way for the last seven years. I want to keep that color. They picked the color, and I don’t […]
ARC process now reflects HOA rules (MD)
The Ocean Pines Association Board of Directors approved two resolutions to conform with the Maryland HOA Act related to Architectural Review Committee guidelines. The changes related to the workings of the committee and enforcement/notification of homeowners about violations. Read the article…………………………..
‘Grossly out of proportion’: HOA can’t tear down noncompliant homes (VA)
The Western District of Virginia held that it would be “grossly out of proportion” to allow a homeowner’s association, or HOA, to destroy three homes that were built without approval of its architectural review board that didn’t exist at the time. Read the article…………………………………
Best to wait for written approval before starting project (NV)
Q: Back in January 2022, we submitted an Architectural Review Committee application to our subdivision HOA to add concrete steps leading to the front door and side concrete walkway on the right side of the front yard leading from the sidewalk to our side yard gate. They wanted a specific start and stop with the work, […]
The How-To’s of ACCs (TX)
A new year is quickly approaching and, after hours of inspiration from watching Fixer Upper, homeowners may be feeling inspired to add on to or remodel the exterior of their homes and update their landscaping. On top of that, the extended drought has led to many needing unexpected repairs, giving owners an excuse to undertake […]
What Your Illinois Homeowners Association Needs To Know About Architectural Control Requirements
Most condominium declarations will limit the ability of a unit owner’ ability to make changes to any structure, improvement, or any of the limited or general common elements within a condominium or common interest community association to preserve the aesthetics of the community. In many cases, deed restrictions will require the unit owner to obtain […]
Disabled veteran having trouble with local homeowners association after renovating home (GA)
“I don’t want to lose my house, I don’t understand what the big deal is about it, it’s just a fence,” said Quinton Walton, a 37-year-old Army veteran. He’s referring to his home in Midland. “My son is standing the chance to lose his home because the homeowners association for this subdivision, Garrett Creek, disapproves […]
Court won’t order owners to destroy houses (VA)
Where a homeowners’ association argued the court should order homeowners to tear down houses allegedly built in violation of the association’s covenants and restrictions, the court refused. Demolition of their homes would be grossly out of proportion with the relief sought. Read the article………………………………..
Design panel OKs major facelift for prominent Palm Beach condo building on Midtown Beach (FL)
One of Palm Beach’s most prominent condominiums on Midtown Beach can get a facelift, now that the town’s powerful Architectural Commission has signed off on plans for a major exterior remodeling project. Read the article…………………………….
Navigating the Complex World of HOA Architectural Control (FL)
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? Read the article…………………………………….
Navigating the Complex World of HOA Architectural Control (FL)
What does a Homeowners Association, under Chapter 720, Florida Statutes, need to bear in mind when evaluating architectural modification requests from its members? Read the article……………………………..
Transparency in HOA’s architectural review process
Homeowners Associations (HOAs) play a crucial role in maintaining a neighborhood’s aesthetic and structural integrity. When homeowners want to make changes to the exterior of their homes, such as adding a new fence or changing its paint color, they often need approval from the HOA. Read the article………………………..
The Importance of HOA Architectural Guidelines
An HOA does more than just set and enforce rules. Homeowners Associations really exist to help create a shared vision and establish a unified identity within communities. One of the ways they do this is through the use of architectural guidelines. Read the article………………………..
Florida couple in dispute with Avalon Park HOA over decorative stones in yard
The Avalon Park Property Owners’s Association says the white rocks around Demeris and Jose Heinsen’s home violate the neighborhood by-laws. The couple got a letter saying they have two weeks to remove the stones, which the couple said was part of more than $10,000 worth of landscaping work. Read the article………………………..
ACC Request Denied? Here are the Steps to Making a Proper Appeal
If you live in a community with an HOA, then you likely know that home improvement projects require approval from your association’s Architectural Control/Review Committee (ACC/ARC). While this extra step can feel tedious when you’re ready to break out the paint and tools, it is important as it helps your community maintain a cohesive look, […]
Palm Beach condo-building redo hits a brick wall with architectural panel. Here’s why. (FL)
Architectural commissioners appeared surprised at their most recent meeting when they were asked to approve a plan to strip one of Palm Beach’s most prominent oceanfront condominium buildings of its distinctive red-brick accents. Read the article………………………..
Get HOA approval in writing when painting the house (NV)
Q: I recently painted my home. Since there was no color scheme provided matching mine, I requested and received approval to use a color scheme that came closest. Read the Q&A………………………………
Are Swim Spas In Homeowners Associations Allowed? (NC)
It’s not uncommon to see swim spas in homeowners associations. Residents see it as a cheaper alternative to backyard pools, though not all communities might permit it. Homeowners should make sure to review their association’s governing documents before installing a swim spa. Similarly, HOA boards should approach the topic with caution to avoid potential liability. […]
Michigan Court Rules That Deck Installed in Violation of HOA Restrictions Must Be Removed
Don’t sweat the small stuff. While it may be a good tip for reducing stress in your life, it is almost certainly not a good tip when it comes to following the governing documents for your condo or HOA. In fact, ensuring that all of the rules are followed—yes, all the small things—may in fact […]
Boca Raton HOA Sues Resident Over Fence, House Color (FL)
In another example reaffirming that complying with a homeowner association’s rules is not optional in Florida, the Fieldbrook Estates property owner’s association is suing a homeowner over the removal of a fence, the repainting of a home in a color not approved by the HOA, and other cosmetic issues. The fence removal, according to a […]
Getting Approval For Home Renovations In HOA Communities
Homeowners typically need to secure approval for home renovations in HOA communities. And while the process can vary from one association to another, there are a few general guidelines you can follow. Read the article………………………..
Ask SAM: How do I ensure changes to my home conform to my HOA’s ‘Harmony of the Community’ clause?
Q: We live in a community with a homeowners association. The covenants indicate that any architectural modifications must conform to the “Harmony of the Community.” The term harmony is very ambiguous and non-descriptive and has been interpreted and enforced in an arbitrary manner. A resident may not know what the lack of harmony means, until […]
The Homeowner’s Guide to Architectural Review Requests
One of the greatest joys of being a homeowner is being able to make your space your own. However, when you live in a community with an HOA, you may find that there are some extra steps that are needed prior to making any changes to your home. Read the article………………………..
What Projects Require HOA Approval? Plan Carefully Before Starting a Project
A new home project can be exciting, but there’s something that all homeowners in an HOA need to be aware of and that is whether the project requires approval or not. If a homeowner were to start a project that required approval but didn’t request it first, there could be consequences (these would depend on […]
Architectural Committees Formal Procedures, Published Standards, and Self Help (FL)
There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. Read the article………………………..
Architectural Committees Formal Procedures, Published Standards, and Self Help (FL)
There are strict legal requirements that a homeowners’ association’s (HOA) architectural review committee (ARC) must follow, most especially if the ARC intends to deny an owner’s request. As this author has witnessed countless times, it is likely that many ARCs do not conduct their activities in conformity with Florida law such that an ARC denial […]
West Van condo owners ordered to repair structural damage caused by unpermitted renovation (BC)
The Garrows took their strata to Civil Resolution Tribunal, attempting to have the strata’s stop work order cancelled and seeking $180,000 in damages for negligence and breaching the alteration agreement. Read the article………………………..
Orangecrest Country Cmty. Ass’n v. Burns (CA)
Homeowner Burns submitted an architectural request for various improvements to her property, one of which was the construction of six-foot high stucco walls in her front yard. The association’s architectural guidelines restrict owners from constructing walls or fences in their front yards. The association sent Burns a letter approving her proposed improvements with the following […]