Disapproval. Any decision by the architectural committee must be in writing. If an architectural application is disapproved, the committee's decision must include both an explanation of why it was disapproved and a description of the procedure for reconsideration of the decision by the board of directors. (Civ. Code §4765(a)(4).)
Appeal - Reconsideration. If an architectural submittal is disapproved by the architectural committee, the applicant is entitled to reconsideration by the board at an open meeting. Reconsideration is not required if the decision is made by the board or a body that has the same membership as the board, at a meeting that satisfies the requirements of Article 2 (commencing with Section 4900) of Chapter 6. Reconsideration by the board does not constitute dispute resolution within the meaning of Section 5905. (Civ. Code §4765(a)(5).)
Time Limit for Appealing. Boards should establish a reasonable time limit in their written procedures for appealing an architectural decision. If an owner fails to file an appeal within that time period, he/she loses the right to appeal. The appeals period should run from the time the written notice of disapproval was transmitted to the owner.
Board Authority. Regardless of how an architectural committee might approve or disapprove an application, final authority rests with the board of directors.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.