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Transparency In HOA’s Architectural Review Process

On Behalf of | Aug 15, 2023 | Real Estate Law

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.

However, meeting each homeowner’s needs and expectations is always a challenge. If not handled well, homeowners may take unresolved disputes to court. Although it is not a requirement, a transparent and well-structured architectural review process must be in place to avoid this.

Staying on the legal side

One of the easiest ways to ensure fairness in any review process is by staying on the legal side. This means playing by the rules of the land, the building codes and what your HOA’s rulebook says. It seems much easier said than done, but one thing can help this come to fruition: Transparency.

An open-book approach

Transparency can help erase any doubts that may arise during the approval process. Homeowners should have access to a set of well-defined rules and regulations right from the start. It would be better to have a written document that outlines the following:

  • The types of changes allowed
  • The materials they can use
  • Any possible restrictions

It would also be easier to refer to this documentation if anyone challenges the validity of any of the rules.

In addition, the HOA must also ensure:

  • Timely responses
  • Reasonable timeframe for results
  • They have set proper expectations
  • They are consistent in review decisions
  • Communicated the reasons for approvals or rejections clearly

This prevents ambiguity and ensures that everyone understands the expectations and decisions made by the association.

A chance to appeal

It would also help if a fair system existed for the appeals process. If a homeowner disagrees with a decision, they should have the right to present their case to the HOA. This encourages transparency and ensures that decisions are well-justified.

Transparently articulating approval criteria and ensuring uniform application of guidelines is pivotal in mitigating allegations of bias or unequal treatment. By following these principles, HOAs can create a neighborhood where homeowners can make improvements while maintaining the integrity of the community’s visual appeal.