: Is it a requirement that HOAs have an architectural committee? Or can the board of directors make architectural decisions?
: It depends on your governing documents. If the documents do not call for an architectural committee, then none is required and the board can review and approve architectural submittals. If the documents call for the appointment of a committee and the committee is empowered to make architectural decisions, then the board must appoint a committee. The governing documents normally establish the number of committee members, whether they are appointed or elected, and the committee's powers. Some documents allow the board to serve as the Architectural Committee in the event no committee members are appointed.
: Associations should amend their CC&Rs so the board automatically becomes the Architectural Committee in the event no committee members are appointed. Doing so should eliminate potential challenges to decisions made by the board in the absence of a Committee.
: Associations needing legal assistance can contact us
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