Your homeowner association's governing documents or Declaration of Covenants, Conditions & Restrictions ("CC&Rs") should provide some control over the improvements and design of the exterior of members' individually owned units. The duty to enforce those improvements must generally be delegated to a 3-5 person committee. (California Code of Regulations, Title 10, Section 2792.28(a)) This committee is frequently referred to as the Architectural Control Committee.
Depending upon the type and age of the community, the committee will be staffed by owner-members chosen by either the HOA, or if the development is newer- the developer/subdivider.
The conditions on how a member can improve his or her property must be reasonable. The member will normally have to submit proposed plans to the committee. The committee will review the plans in light of its duty to the homeowners to act in good faith in exercising its powers. If the committee acts in an arbitrary or unreasonable manner the homeowner can seek judicial relief (frequently after exhausting his or her non-judicial/Alternative Dispute Resolution remedies required in the CC&Rs). If a judicial action is brought, the court will not uphold the committee's decision if it was unreasonable or not in good faith as to the other owners.
Generally, the committee's discretion can be very broad. The committee can apply subjective standards in making its decision that tends to increase their discretion.
However, there are certain issues where the committee has little, if any, discretion. An individual homeowner can modify his or her property to provide disability access for example. Other examples of matters excluded from the committee's control is: the use of non-commercial signs, installing low-water using plants, and displaying the flag of the United States. These exclusions are themselves subject to the limitation that the HOA or committee can act to limit uses like these in the interests of the public health or safety, or in the case of posting non-commercial signs (like protest signs), if the posting would violate another law.
The benefit of architectural control committees should not go unstated. Proper exercise of the CC&Rs frequently will advance the interests of the community in general. The general master plan and aesthetic look of the community can be maintained. Limiting one homeowner's ability to modify his or her property can help preserve the views of others.
Many communities in southern California are subject to HOA restrictions. While the CC&Rs should provide for proper protection for both individual homeowners and the community at large, disputes can arise regarding the proper application of the governing documents. Community politics can interfere with an otherwise reasonable proposed architectural improvement, or conversely cause an otherwise unreasonable or improper construction to be authorized.
If you believe your ability to modify your home or land is being impaired unfairly, you may have recourse through the dispute resolution procedures of your HOA or in the court. If you believe that a neighbor's project is improper and against the CC&Rs you too may have legal recourse to either take action directly yourself or to compel your HOA to take action on behalf of the committee as a whole.
Contact Darwin Bustarde, Esq. to discuss your options regarding completing your own project or issues that you may have with a neighbor's proposed project.
