Architectural review is a crucial component of maintaining property values and community aesthetics in homeowners associations, especially for North Carolina HOA management companies that prioritize quality community oversight. This comprehensive guide explores how to establish, update, and enforce architectural guidelines effectively while ensuring fairness and legal compliance.
Contents
- The Basics of Architectural Review
- Creating and Updating Guidelines
- The Review Process
- Enforcement and Compliance
- Best Practices for ARCs
- Handling Violations
The Basics of Architectural Review
Most homeowners associations have an architectural review process overseen by either the board of directors or an appointed architectural review committee (ARC, ACC, or ARB). This process helps maintain community standards and protect property values through consistent application of architectural guidelines.
Design Framework
- Design Requirements are the basic objectives comprising the most important elements of review criteria. These are stated in the association’s governing documents and list what requires approval.
- Design Principles determine whether a proposed design meets the requirements and provide flexibility. Principles include broad, objective statements about compatibility, scale, color, materials, and quality.
- Design Practices are specific methods for achieving the requirements and principles in common design situations. While not required, practices outline what is acceptable and are often compiled into a design manual covering specific improvements like fences, decks, and landscaping.
Creating and Updating Guidelines
When creating or updating architectural guidelines, consider these key factors:
- Professional Expertise
- Consider hiring an experienced residential architect, especially if your board lacks architectural expertise
- Contact the American Institute of Architects for qualified consultants
- Ensure guidelines reflect current design standards and materials
- Legal Considerations
- Review guidelines to ensure they don’t conflict with the Declaration of Covenants, Conditions and Restrictions
- Consider legal review if there are questions about compliance
- Verify alignment with state laws and regulations
- Grandfather Clauses
- Existing approved structures remain valid under previous guidelines
- New modifications must comply with updated guidelines
- Single set of records needed, but track approval dates
The Review Process
The architectural review process typically includes:
- Application Submission
- Detailed drawings or renderings
- Pictures or samples of materials
- Specifications of proposed changes
- Review Timeline
- Establish strict deadlines for ARC responses
- Create clear processes for receiving and reviewing applications
- Note: Failure to respond within deadlines may constitute automatic approval
- Decision Communication
- Provide written responses to all applications
- Include specific reasons for denials
- Offer constructive feedback for improvements
Committee Responsibilities
Architectural review committees typically handle:
- Advising applicants and educating members about the design review process
- Processing routine applications and reviewing proposals before work begins
- Monitoring construction for conformance to approved plans
- Touring the community periodically to identify violations
- Maintaining records of applications, approvals, and violations
Enforcement and Compliance
Effective enforcement requires:
- Clear Documentation
- Maintain detailed records of all applications and decisions
- Document all communications with homeowners
- Keep thorough violation records
- Consistent Application
- Apply rules uniformly across all properties
- Exercise authority reasonably and in good faith
- Provide legitimate reasons for all decisions
Best Practices for ARCs
- Detailed Feedback
- Provide specific reasons for denials
- Offer constructive suggestions for improvements
- Include clear paths to approval
- Communication Examples
- Instead of: “Application denied” Write: “Your fence application was denied because the proposed 6-foot height exceeds our 4-foot maximum, and pink is not an approved color. Consider resubmitting with a 4-foot height and using our approved colors of white or black.”
Handling ViolationsHandling Violations
Enforcement Approach
Most associations across North Carolina and South Carolina use a moderate, problem-solving, results-oriented approach to encourage cooperation and find reasonable solutions.
Step-by-Step Process
- Initial Documentation – Inspect, verify, and photograph alleged violations before taking action
- First Notice – Send a friendly letter to the owner (and courtesy copy to tenants if the property is leased) that:
- Identifies the specific violation
- States the deadline for correction
- Offers suggestions if a simple solution is available
- Flexible Timeline – If an owner cannot correct the violation within the prescribed timeframe, work together to develop a mutually-acceptable schedule
- Follow-Up – When homeowners fail to respond, arrange a friendly personal visit from a committee member and send a second or third letter
- Escalation – If owners still don’t comply, the association may:
- Revoke non-essential privileges as allowed by governing documents
- Refer the matter to an attorney for mediation, arbitration, or injunctive relief
Approach enforcement as a partnership with homeowners rather than an adversarial process. Most violations can be resolved through clear communication and reasonable cooperation.
The content on this website is provided without any warranty and does not constitute legal advice. For legal advice specific to your community or issue, please consult an attorney specializing in Association Management.
