Building Permits
Building permits are required whenever a structure is erected, constructed, reconstructed, moved, or altered. (California Building Code §108.4.1) Permits are usually not needed for minor repairs.
Architectural Rules. Associations should incorporate into their architectural standards a requirement that members obtain permits from the local Department of Building and Safety. Building inspectors review and approve plans before construction and then inspect the work as it progresses to ensure it meets minimum building standards for health and safety.
Unpermitted Work. If the association learns that an owner is performing work without a permit, it should immediately contact the owner and require all work to cease until proper permits are obtained. If the owner refuses, the association's attorney should be contacted.
Cost of Permits. The owner, not the association, is responsible for the cost of the permit. The cost charged by the Building Department is based on the size of the project. Permit fees typically range from 1.5% to 3% of the estimated project cost.
Deposits. Associations can require that owners post a deposit with the association, which can be returned (i) once all permits have been signed off by the Building Department, (ii) no damage was done to the common areas, and (iii) there are no unpaid fines from rule violations during the construction.
ASSISTANCE: Associations needing legal assistance can contact us. To stay current with community association issues, subscribe to the Davis-Stirling Newsletter.