How to get HOA architectural approval for a home project

Most HOA fights over a fence, a paint color or a patio don't start with a bad rule. They start with a project that went ahead without approval, or an application so vague the committee couldn't say yes. This guide covers how architectural review usually works, how to put together an application that gets approved the first time, and what your options are if the answer is slow or no.

What architectural review is

Most declarations (the CC&Rs) say that owners need written approval before they change the outside of a home or lot. The group that reviews requests goes by different names: architectural review committee (ARC), architectural control committee, design review board, or sometimes just the board. Its authority, and its limits, come from three places:

1. The declaration. It says what kinds of changes need approval and who decides.
2. Design guidelines or architectural standards. These are usually adopted by the board under the declaration. They list approved paint palettes, fence heights and materials, roofing types, and so on.
3. State law. A growing number of states set procedural rules for these decisions, and some protect certain improvements outright.

Before you plan anything, get the current declaration, bylaws and design guidelines. If you don't have them, our guide to requesting HOA records explains how, and the records request letter builds the request for you.

What usually needs approval

The wording varies, but expect to apply for:

• exterior paint or stain, including repainting in a different color;
• fences, walls, gates and retaining walls;
• additions, sunrooms, decks, patios, pergolas and screened porches;
• roof replacement with a different material or color;
• windows and doors that change the look from the street;
• sheds, play structures, pools, spas and outdoor kitchens;
• major landscaping changes, tree removal, and hardscape;
• solar panels, generators, EV chargers and satellite dishes (see the special rules below).

Interior work generally doesn't need HOA approval, though condominium associations often regulate work that touches common walls, plumbing risers or floors because of noise and water damage. Repairs that restore what was already approved, such as replacing a fence with the same style, often don't need a new application. Check the guidelines. Some still require notice.

The state rules on how the review must be run

Not every state regulates architectural review, but the ones that do tend to require written decisions and a fair process.

California. Civil Code section 4765 applies whenever the governing documents require approval for a physical change. The association must have a "fair, reasonable, and expeditious" procedure, written into its governing documents, with prompt deadlines and a stated maximum time to respond. Decisions must be made in good faith and can't be "unreasonable, arbitrary, or capricious." They must be in writing. If the request is denied, the written decision has to explain why and describe how to ask the board to reconsider, and the owner is entitled to reconsideration at an open board meeting. The association must also send members a yearly notice describing which changes need approval and the review procedure.

Florida. Section 720.3035 says an association's power to review plans for the location, size, type or appearance of an improvement exists only to the extent the declaration or the guidelines it authorizes specifically state it or reasonably imply it. The association must apply its standards "reasonably and equitably" to all owners. It can't regulate interior work that isn't visible from the street, a neighbor's lot, a common area or a community golf course. It can't make a government building permit a precondition for its review. And if the guidelines list options for materials, size, design or location, it can't stop you from choosing among them.

Texas. Chapter 209 of the Property Code (the Texas Residential Property Owners Protection Act) covers notice, hearings and enforcement for property owners' associations. Chapter 202 separately limits what associations can prohibit, including certain solar devices and flag displays.

If you're in another state, search your state's HOA or planned community statute, or look at our state-by-state HOA law page.

How to write an application that gets approved

Committees are usually volunteers looking at a stack of requests at a monthly meeting. Make it easy for them to say yes.

1. Quote the standard you're meeting

Open with the guideline that applies and show you meet it. "Section 4.2 allows 6-foot privacy fences in rear yards in cedar or approved vinyl. This application is for a 6-foot cedar fence in the rear yard, stained in approved color Natural Cedar." If your project departs from a guideline, say so plainly and explain why. Hiding a variance rarely works and costs you credibility.

2. Include everything the form asks for, plus a site plan

A complete package usually includes:

• the association's application form, signed;
• a site plan or plat showing the lot lines, the house, and the project with distances to property lines (a copy of your survey with the project drawn on it is often enough);
• drawings or a product sheet with dimensions and heights;
• materials and colors, with manufacturer names and color codes, or physical samples if the guidelines ask;
• photos of the area as it is now;
• your contractor's name, and the expected start and finish dates;
• for large projects, the building permit or permit application, if you have it (in Florida the association can't make a permit a precondition of its review).

3. Address the neighbors' concerns before they do

Drainage, sight lines, noise from equipment like a generator or pool pump, and lighting are common objections. Show where water will go, where equipment will sit and how it's screened. Some guidelines require neighbor acknowledgment signatures. Even when they don't, talking to adjacent owners first heads off complaints at the meeting.

4. Keep proof of what you submitted and when

Submit the way the guidelines require (portal, email, or management company), and keep a copy of the full package with the date. If your state or documents have a deadline for a response, the clock starts when the association receives the application.

Don't start work early

The most expensive mistake is starting before you have written approval. If the association later denies the project, the declaration usually lets it require you to remove the work, fine you, and in many states recover attorney's fees. Approval also protects you when you sell: buyers' agents and title companies increasingly ask for proof that exterior changes were approved.

Get the approval in writing and keep it with your home records, including any conditions such as a completion deadline or required inspection.

If the committee doesn't answer

Check the declaration and guidelines for a response deadline. Some documents say an application is deemed approved if the committee doesn't respond in time, and some say the opposite. California's solar statute, Civil Code section 714, says that if an HOA doesn't deny a solar application in writing within 45 days of receiving it, the application is deemed approved, unless the delay is the result of a reasonable request for more information.

If there's no automatic approval rule, follow up in writing, refer to your submission date, and ask when the application will be on an agenda. Don't treat silence as a yes unless the documents or a statute say so.

If the answer is no

1. Read the reason. A denial for a fixable detail, such as a color or a setback, is often faster to cure by resubmitting with the change than by appealing.
2. Ask for reconsideration if the documents allow it, or if state law requires it (as California does). Bring the specific guideline, photos of similar approved projects in the community, and any compromise you can offer.
3. Look for inconsistency. If the association has approved the same thing for other owners, document it with addresses and photos. Uneven enforcement is one of the strongest arguments an owner has.
4. Use dispute resolution. Many states and declarations require or encourage internal dispute resolution or mediation before a lawsuit. Our guide to resolving HOA disputes walks through the steps, and the dispute letter tool drafts a formal request.

Projects with special legal protection

Some improvements are protected by federal or state law, so an HOA can regulate details but can't simply ban them.

• Satellite dishes and TV antennas. The FCC's Over-the-Air Reception Devices rule, 47 C.F.R. § 1.4000, bars HOA rules that unreasonably delay, unreasonably increase the cost of, or prevent good reception from dishes one meter or less in diameter on property you own or exclusively use. The FCC says rules requiring prior approval before installation are generally prohibited, though a simple notice afterward may be allowed. The rule doesn't cover common areas like a condo roof.
• Solar energy systems. Many states limit HOA restrictions on solar. California's Civil Code section 714 voids restrictions that effectively prohibit or unreasonably restrict solar, and allows only rules that don't significantly raise cost or reduce efficiency. For photovoltaic systems, "significantly" means more than $1,000 over the original cost or more than a 10 percent drop in efficiency.
• EV chargers, flags and drought-tolerant landscaping are protected in some states. Our guide to what your HOA can't ban covers these.

Even for protected items, you usually still have to submit an application or give notice, and follow reasonable rules on placement and appearance.

A short checklist

• Get the current declaration and design guidelines.
• Confirm the project needs approval, and find the response deadline.
• Build a complete package: form, site plan, specs, colors, photos, schedule.
• Talk to the neighbors who will see it.
• Submit the required way and keep dated proof.
• Wait for written approval before any work starts.
• Keep the approval letter with your home records.

This guide is general information, not legal advice. For a dispute with real money at stake, a local attorney who handles community association law can tell you how your state's courts read your documents.