HOA Guide to Architectural Change (ARC) Requests
HOA Guide to Architectural Change (ARC) Requests
Too often a homebuyer will purchase a property without reading the governing documents of the community association, then try to change the property only to be told they must undo the changes. This happens way too often and can cause frustration and thousands of dollars of wasted money.
A popular instance in the HOA industry is when an owner plans to build a six-foot privacy fence on the property. The owner will buy materials and hire a company to install the fence. Only when installation starts does the HOA recognize this and must approach the owner about the fence. In many cases, either the fence is too tall, the wrong material, or blocks all view of the yard. The owner in that scenario often takes an enormous financial loss due to not being aware of the ARC restrictions in their community association.
This guide will serve as a starting point for approaching the ARC process for HOA homeowners, board members, and managers.
The governing documents for a community association contain rules and regulations regarding how you can or can’t change your property. These restrictions are normally found within the Codes, Covenants, and Restrictions document for your HOA.
Caution - Skipping the Process?
Understanding the Process
To ensure you are going about the ARC request process in the right way it is important to contact your HOA management company or board of directors. Through these outlets you’ll be able to access an ARC request form. The association should also have the process and request form available online for homeowners. This normally comes in the form of a web site or a secure access association portal. The process should be explained in detail. If you’ve read the ARC requirements and are abiding by them, you’ll want to fill out a detailed ARC request form. This includes a full description with measurements, colors, and if applicable a map of the property. You’ll submit this form to your HOA management company or board of directors, and they will review it. The manager and/or board of directors will review the request form and contact the owner to either approve, deny, or ask for changes. The homeowner should be familiar with the appeals process as well. The appeals process should be included on the web site or secure portal where the ARC process and request form is shared.
Board and/or Manager Review Protocol
Legislation
One thing to note is that in some states the HOA manager or board is required to either approve or deny a request within a certain time period of receiving the request. You may want to do some research to keep this in mind if you live in a state where this applies to your HOA. For example, federal law applies to the installation of solar panels in homeowners associations as well as satellite dishes. In some cases, the Americans With Disability Act may affect the request for a wheel chair ramp or other improvements. This may also apply to fencing for children with disabilities or a support animal.
Major Property Additions
Government Permits & Timelines
For certain projects, a permit may be required. If a licensed vendor is doing the work, they will most likely be able to tell you if a permit is needed and at times obtain it for you. If you plan on taking on a large project like building a deck yourself, you’ll want to speak with local government agencies to determine if a permit is needed and if necessary, apply for the permit(s). With these larger projects, planning and timing is paramount.
Timeliness of Work: In some cases, there are restrictions on how quickly a homeowner must finish construction, so please be aware of any clauses that relate to project time length in your homeowners association’s governing documents.
Being a Good Neighbor
You also want to ensure that you are not causing any unnecessary disruptions during construction. If you’re grading or moving dirt you should speak with your contractor(s) about the potential of dirt or mud washing into a neighbor’s property or common area. You should also ensure the work is not being done during the very late or early hours of the day. Noise complaints can be filed not only with the HOA but also with local police, so please keep your neighbors in mind.
Color Selection
InfoHOA helps hundreds of community associations with the ARC process. Since every community is different the goal of InfoHOA is to work with the board to establish a process that is efficient, thorough, adheres to the governing documents of the HOA as well as local legislation. With decades of combined experience handling the ARC request process for all kinds of community associations, InfoHOA can help your HOA approach the ARC process with fairness, transparency, and timely communication for all parties involved.
The InfoHOA blog contains guides and tips for all aspects of HOA management. From budgeting to violations, HOA board members and owners can benefit from the pool of information offered at www.InfoHOA.com/HOA-blog.
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Not following the unique ARC approval process of your homeowners association as well as local zoning and legislation can result in fines, attorney fees, and in many cases being forced to completely remove the property improvement. The last thing you want as a homeowner is to spend time and money on a large project only to be told to completely remove the changes and start over. In the case of fences, decks, solar, pools, etc. the owner could incur a loss of ten thousand dollars or more. Following the guide below will help to eliminate the risk of this happening. Your community association’s governing documents, HOA manager, and board of directors are resources you want to be very familiar with when going through the ARC request process. In many cases, being familiar with local government code and legislation is essential as well.
There are a few things the board must consider when it comes to larger projects. First, is a permit required? The HOA manager should be able to talk with the city or government agencies to determine this. It is good for the board or manager to have this determined and not rely solely on the vendor for this information. Second will be determining of other homeowners will be affected. If you’re looking at mud runoff, excessive noise, etc. you may want to have the neighbors sign off on the project as well. Another thing to consider is timing. In many states, if the board doesn’t not approve or deny a request in a certain period the request is automatically approved. Timing of the permit, project, and association rules should be considered and brought together in unison when planning and reviewing the project’s request. The board may elect to have the name of the vendors involved to be listed on the request itself as well.
In the case of fences, decks, and pools, you may want to have an in-depth conversation with your HOA manager or board to ensure there are no surprises prior to planning the project. This can save time on ordering different materials and ensures that both the owner and the HOA are on the same page. Once you understand the rules and speak with the board, you’ll want to fill out the request form along with a map that shows measurements as well as all applicable details of the materials used and a timeline for installation. For pools specifically, the installation of power and/or water lines will require the board to research both governing documents and permits and code in the local municipality. With fences, the owner will need to talk to their neighbors, have an official map/plat of the property, and determine if any permits are needed. After that, the owner will need to look and see what kind of fences the HOA allows. Most associations don’t allow for privacy fences, and they put a limit on the height of the fence. Some also require the fence be a specific material and/or color.
In the case of painting anything on the property there are some important things you should consider. First, you’ll want to be very clear about color selection. In some cases, the governing documents use loose terms like “sightly” or “natural colors”, which leaves the decision up to the board members. Therefore, it is necessary to send color samples or specific color codes along with your request to avoid issues with things not turning out like they were described. Something as simple as painting a mailbox may require an ARC request, so please keep that in mind before painting anything on your property. Shutters, decks, porches, doors, and mailboxes normally require ARC approval if they are to change color.
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