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ARCHITECTURAL APPROVAL PROCEDURE

Review Procedures. Associations must adopt written procedures for reviewing architectural applications. The procedure must provide prompt deadlines for review by the association. The procedures must be included in the association's governing documents, i.e., the rules and regulations or architectural guidelines. (Civ. Code § 4765(a)(1).) The procedures should include information about committee meetings and records of written decisions, whether in minutes or otherwise.

Deadlines for Approval. In reviewing and approving or disapproving a proposed change, the association must provide a fair, reasonable, and expeditious procedure for making its decision. The procedure must be included in the association’s governing documents and must provide for prompt deadlines. The procedure shall state the maximum time for response to an application or a request for reconsideration by the board. Many sets of CC&Rs provide for automatic approval of the application if a decision is not made within the alloted time. Even so, missing a deadline is not always fatal. See Fox v. Corniche Sure Mer HOA.

Disapproval Procedure. Architectural decisions must be in writing. If an owner's application is disapproved, the board or architectural committee must include an explanation for the disapproval. (Civ. Code § 4765(a)(4).) If an application is disapproved, notice to the owner must include a description of the procedure for appealing the decision to the board of directors.

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.

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