One of the most important aspects of an HOA is the ability to control the look and feel effectively. While this power may conflict with a particular member’s desire to customize his home or condo, the concept is a condition of buying into the HOA agreed to by all members before they bought. Indeed, that’s an important reason many opt for HOA living.
While most subdivisions have CC&Rs (Covenants, Conditions, and Restrictions) that dictate what members can do with their property, when push comes to shove, a lawsuit is the only way to deal with someone who is bound and determined to violate them. Since most neighbors have neither desire nor money to sue one another, subdivision CC&Rs are pretty much like a lock on a door (only keeps your friends out).
Because of the inability to control design standards, subdivision property often experiences declining market value as the original design character erodes. In HOAs, though, the board can enact an Architectural Design Policy and a process for reviewing and approving alteration or addition requests. In fact, the board has the duty to set clear design guidelines and be ready, willing, and prepared to enforce them. The board is the Defender of Market Values and, like the Marines, must be faithful and prepared to do the dirty work.
In the case of Architectural Design Restrictions, forewarned is forearmed. If guidelines are not clearly defined in the governing documents, the sooner they are, the better. To keep owners mindful of the issue, it’s good to have a statement that appears in all newsletters like:
“Good curb appeal and high quality of construction are fundamental to sustaining high market values in our community. The board is entrusted with maintaining design standards that address that important goal. To that end, all exterior alterations or additions must be preapproved by the board. The Architectural Design Policy is available on the HOA website and explains the approval process as well as approved standards for paint colors, roofing color/type, fences, and decks. If your request conforms to approved standards, it will be “fast-tracked”. If you have a request not covered by the standard, it will take up to thirty days (depending on the complexity of the installation) to complete the review process. Please plan accordingly.”
An important part of the Architectural Design process is helping owners to get the job done right. There is a tendency to rely on a contractor’s salesmanship rather than his credentials. It’s the HOA’s job to ensure that the finished product lives up to its advertising. So, making sure that the homeowner’s contractor is licensed, bonded, and insured is the first step. Clearly defining the job by specifications and materials comes next. Permits, if required, are third. By requiring each request to provide this information, the HOA is looking out for the homeowner’s best interests as well as those of all the other members.
Has past laxness allowed the design ship to meander? Whether your HOA is a single-family planned community or a condominium, keeping a sharp eye on exterior design issues is critically important. It’s rarely too late to bring it back on course. Keeping design considerations under control will help harmonize the community.
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WRITTEN BY RICHARD THOMPSON