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How to Avoid Conflict with Owners Over Architectural Guidelines

By Alexandria Pollock, PCAM, CCAM-HR

This article first appeared in the Fall 2021 Issue of The Communicator here.

I HEARD THE news story from the OC Register a few months ago: a Tustin woman is embroiled in a battle with her homeowners association over garage doors she installed without seeking architectural approval. Her defense? According to the homeowner, she’s made other alterations to the exterior of her home over the years without hearing from the association.

Another story that made the Wall Street Journal in March of 2019 details numerous citations over the course of several years to a Kansas resident from his HOA. The citations started with a misplaced satellite dish and included a statue in a flower bed and a decorative wall around another plant bed. These improvements were made without architectural approval and in violation of the association’s guidelines, according to the HOA. However, the owner believed he received...

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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...

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