What’s in Your Community’s Architectural Guidelines?
By Sandra L. Gottlieb, Esq., CCAL and Meigan Everett, PCAM
This article first appeared in the Fall 2021 Issue of The Communicator here.
MANY ASSOCIATIONS ADOPT architectural guidelines when the community is formed and don’t look back. Some boards keep the guidelines forever stuck in time. Even though the community evolves and changes and becomes its own unique place, the guidelines are often forgotten, ignored, or things are done the way they always have been done. But architectural guidelines can evolve with the community’s needs and change to comply with new laws and the more mature look of the association.
Provided that the association’s CC&Rs give the board authority to adopt architectural guidelines, also known as rules and regulations, the board should review them every few years to ensure that they meet the community association’s needs.
THE PROCESS
California Civil Code § 4355 requires that architectural rules be adopted pursuant to §4360 and §4365. Section 4360 requires that the board provide members general notice of any proposed architectural rule or policy change 28 days before making the change. It further requires that the board disclose the approved rule within 15 days of adoption by general notice to the membership. Section 4365 governs how members can overturn a rule.
WHAT TO INCLUDE
In the last few years, there has been a flurry of laws passed that may impact a community association’s architectural guidelines. The board should consider each of these areas and adopt policies where applicable for the community.
ADUs (Accessory Dwelling Units) – Single-family planned development communities are required to allow ADUs. Reasonable rules on how the ADU looks and where it is located on the lot are reserved to the association governance authority.
Balcony Maintenance – While associations are required to conduct balcony inspections, over time they may find or perhaps have already discovered that certain additions to balconies can cause long-term issues for the common area components of the building. Specifically, enclosing a balcony with a window system could add too much weight to the structure; or, placing tile over a waterproofing membrane could lead to an inability to maintain the weatherproofing. It is reasonable to restrict these installations or require specific architectural and engineering plans, as applicable, that address structural integrity and are intended to ward off component deterioration.
Electric Vehicle Charging Stations – Associations are required to allow for electric vehicle charging stations. Foresight into how they are wired, what happens when there is no more available amperage on the association’s electrical grid to add another station, etc., can provide owners with realistic ideas of the cost of installation.
Solar – There is only so much roof space on a condominium building. Still, an association cannot prohibit the placement of solar on the common area roof if an owner wants to make an investment to determine what area of the roof is available for their needs and the cost for the installation. Proper planning can help protect the life of the roof.
Drought Tolerant Plants/Artificial Grass – This year we have seen one of the worst droughts ever. With water surcharges, there will be more interest in updating landscaping to dry-scape. To maintain aesthetic continuity throughout communities, associations will want to be proactive in approving dry-scape plant palettes.
Other considerations to keep in mind when reviewing and drafting architectural guidelines:
Removal of Developer Language – The developer wanted a look it could sell; but the community may be ready to move out of the cookie-cutter stage and allow for more uniqueness between homes (or not).
Acoustics – Recessed lighting, hard surface flooring, and attaching surround sound to common walls are all things that can increase the flow of sound from one unit to another. Provide homeowners with ways to address these issues during the installation of their interior modifications.
Hard Surface Flooring – Consider rooms that allow for hard surface flooring and require specific underlayment, materials, and installation methods.
Pre-approved Color Schemes/Plant Pallets/Roofing Materials/Windows – Having pre-approved materials allows homeowners to complete projects with less guesswork, making it easier to keep the property’s aesthetics up to policy standards.
Washing Machine Retrofitting – Everyone wants a washing machine in their unit. But the building’s plumbing infrastructure might not be able to handle the load if everyone installs a machine, and there may be noise considerations to address. Planning for these eventualities, or drawing a line in the sand, lets owners know what is and is not feasible and why.
View Protections/Height Restrictions – How does this protect the community’s values? Are there conflicts with ADU laws?
Satellite Dishes – An association can’t prevent them (subject to size and location limitations), but rules can help blend satellite dishes into the association’s environment.
RULES REVIEWED AND APPROVED, NOW WHAT?
Help guide homeowners through the architectural process by having clearly defined rules that include a formal application process. The application should detail the submission requirements, review the processing timelines, address disapproval or appeals, and identify any fees and costs associated with the application. Associations may want to consider hiring an architect or engineer to review specific applications, especially those that include removing a wall or one that adds weight to the building. Acoustic engineers may be hired to review noise considerations for washing machines, hard surface flooring, etc. The costs for these services can be added to the cost of the application.
APPROVED! THE PROCESS DOES NOT END THERE
Once an architectural application has been approved, there should be rules that govern how the work will be conducted and within what timeframe. These rules should notify homeowners of any time limits on completing the work, hours of construction, contractors’ licensing and insurance requirements, obtaining and posting permits, etc.
Many condominium associations require floor coverings where contractors will be accessing a unit through common hallways and/or they ask that the contractor be responsible for clean-up of the hallways if their workers track dust and dirt from the jobsite onto the common areas. Additionally, there may be parking considerations for large vehicles or the designation of specific stairs or elevators to use. The association may designate allowable construction hours, which differ from the city’s restrictions; it is essential to remind owners of the hours before starting their projects. Some associations even require contractors to verify with a signature that they have read the rules and agree to be bound by them before beginning work within the community.
A well-thought-out and written set of architectural guidelines that walk homeowners through the permitted types of projects, what requires an application, the application process, construction, and completion of their project will enable a community to set expectations for both the homeowners and their neighbors. It will also help avoid a trial-and-error problem where something gets approved and the consequences are dealt with after the modification is completed.
Now that you are in the know – ready, set, go!
Sandra L. Gottlieb is the founding partner of SwedelsonGottlieb and one of California’s leading community association attorneys. Her experience and expertise in representing California community associations allows her to also counsel on the many different matters and issues that impact California homeowner associations.
Meigan Everett has worked in real estate and community management for more than 20 years. Before joining the client relations team at SwedelsonGottlieb, she owned a boutique property management company. Everett is currently a law student at Loyola Law School and looks forward to joining the attorney ranks at the firm when she passes the bar in 2022.