articles by barry A. Ross

Are there any restrictions on the association’s architectural review procedures?

The association’s architectural review procedures must be “fair, reasonable and expeditious.” The procedures shall be included in the association’s governing documents. The procedures shall provide for prompt deadlines. The procedures shall state the maximum time for response from the board of directors.

The association’s decision on a proposed architectural change “shall be made in good faith and may not be unreasonable, arbitrary or capricious.” The association’s decision on a proposed change must be in writing. If the proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board of directors. The member is entitled to reconsideration by the board of directors.

The association must annually provide its members with notice of any requirements of association approval of physical changes to property. The notice must describe the types of changes that require association approval and shall include a copy of the procedure used to approve or disapprove of changes.


See also: Turner v. Vista Pointe Ridge Homeowners Association (2009) 180 Cal. App. 4th 676 where a dispute concerning architectural review was not subject to the SLAPP motion to strike under Code of Civil Procedure section 425.16 and Bear Creek Planning Commission v. Ferwerda (2011) 193 Cal. App. 4th 1178 where the court held that the architectural committee may adopt architectural standards beyond those described in the CC&R’s.