Architectural Review Committee (ARC) Requests Follow

Processing Architectural Review Committee (ARC) requests is a critical function for Homeowners Associations (HOAs) to maintain community aesthetics, property values, and ensure compliance with governing documents. The Architectural Review Committee (ARC), sometimes referred to as the Architectural Design Review Committee (ADRC) or Architectural Control Committee (ACC), is responsible for reviewing proposed exterior modifications to ensure they conform to the community's established architectural standards and guidelines.

Why ARC Requests Are Essential

The primary purpose of the ARC is to ensure continuity in design, preserve the architectural style established by the builders, and aid in ensuring the preservation of property values. It helps prevent alterations that could negatively impact drainage, cause flooding or water damage, or detract from the community's overall aesthetic harmony.

What Typically Requires ARC Approval

Homeowners are generally required to submit an ARC request for any exterior repairs, building component replacements, additions, or modifications to their residence. Work must NOT begin on any construction, alteration, addition, grading, excavation, removal, relocation, exterior repainting (if changing color), demolition, installation, modification, exterior decoration, redecoration, reconstruction of an improvement, or structure (permanent or temporary) until written approval is received from the ARC.

Common modifications that often require prior written ARC approval include, but are not limited to:

• Exterior Features:
  • Air conditioning units or equipment (unless an exact replacement of original)
  • Awnings
  • Basketball poles and backboards (including portables)
  • Decks and balconies
  • Additional exterior lighting
  • Exterior paint (for any proposed change to original colors)
  • Fencing, gates, and walls (those not part of original construction)
  • Screen doors (color must match home aesthetics; white is often not permitted)
  • Security bars/doors and storm doors
  • Storage sheds and utility buildings (with specific requirements for visibility, harmony with home, and setbacks)
  • Satellite dishes exceeding 39 inches in diameter, antennas, cables, towers, or other poles
  • Windows, doors, roofing, gutters, flashing, garage doors, exterior siding
  • Retractable awnings, temporary screening, gazebos
  • Exterior fireplaces and grills, exterior whirlpools
  • Relocation of mechanical hookups or air conditioners
  • All installed exterior materials
  • Rolling shutters (must be color of stucco/trim and professionally installed)
• Landscaping and Hardscape:
  • Landscaping, lighting, and appurtenances
  • Sidewalks, patios, or any special hardscape
  • Connection of downspouts and diversion of exterior water
  • Statues, outdoor art, fountains, birdbaths, and other decorative landscape elements (if visible from street or other property)
  • Patio slabs, patio covers, gazebos, decks, balconies, pools, spas, and related equipment (requires complete construction plans and setback information)
  • Hardscapes
  • Rear yard landscaping, including type and color of decorative landscaping rock and other materials
• Important Note: Interior changes generally do not require approval unless they involve exterior components like window replacement. Some specific items, like security/screen doors matching the house color or black, gray, or tan solar screens, may not require prior ARC approval in certain communities. Always refer to your specific association's governing documents.

The ARC Request Processing Guide

The process for handling ARC requests typically involves several key steps:

1. Homeowner Submits Application:
   • The homeowner obtains an Architectural Application (ARC AP) form from the association's management company.
   • They complete the form, providing their name, address, date, type of modification, and detailed description of the proposed changes.
   • Crucially, they must attach all required supporting documentation, which typically includes:
     • Detailed plans and specifications (e.g., drawings, blueprints, site plans showing placement, dimensions, materials, and color scheme).
     • Vendor's COI
     • Color samples, if applicable.
     • Written permission from adjoining property owners if construction requires use of their property.
     • Any processing fees or deposits required by the ARC (e.g., a cash deposit for projects requiring access through private streets, use of heavy machinery, or breaching block walls/common property).
     • Proof of building permits if required by the governing agency.
   • Requests for multiple changes should be submitted separately.
2. Management Company Receives and Logs Request:
   • Upon receipt, the management company logs the application, noting the date received. This date is crucial for tracking the association's response timeline.
   • The homeowner's account balance may also be noted.
   • Additional information may be requested if the initial submission is incomplete. The review period does not begin until all required information is submitted.
3. ARC/Board Review:
   • The completed application and supporting documents are forwarded to the ARC Committee and/or the Board of Directors for review.
   • The ARC reviews the proposal based on aesthetic considerations and the overall benefit or detriment to the immediate vicinity and the community. They consider architectural designs, placement, landscaping, color schemes, exterior finishes, and materials.
   • The ARC's approval does not constitute a guarantee of compliance with engineering design, zoning, or building ordinances; homeowners are solely responsible for obtaining necessary permits and complying with all city and county requirements.
4. Decision and Notification:
   • The ARC or Board will either approve, conditionally approve (with modifications), reject, or deem the request pending (requiring more information).
   • The association must provide written notification of the ARC Committee's decision to the homeowner.
   • Response Time: The typical timeframe for the ARC to approve or disapprove an application is 60 days from the date of receipt of the completed application. If the ARC fails to respond in writing within this period, the item is generally deemed approved. However, some governing documents may state that if no notice is sent within a specific period (e.g., 45 days), the proposed improvement is deemed disapproved. Homeowners should always consult their specific association's governing documents for the exact timeframe and "deemed" status.
5. Construction and Completion:
   • Work must NOT begin until the homeowner receives written approval from the ARC.
   • Homeowners typically must start work on the approved improvements within a specified period (e.g., 3 months from the approval date), or the approval may become void, requiring a new application.
   • For landscaping projects, there may be a separate deadline for completion (e.g., 6 months from escrow close).

Handling Unapproved Work

If an improvement is installed or constructed without prior ARC approval, it is a direct violation of the CC&Rs. The association may take action, which can include:

• Imposing fines and penalties.
• Requiring immediate restoration of the property to its condition prior to the unapproved work, at the owner's expense.
• If a building permit was required and not obtained, the owner must acquire the permit and submit a complete package as if no construction had taken place.

This structured process ensures that all modifications align with the community's standards, protecting the interests and property values of all residents.