What You Should Know About HOA Architectural Standards

A single family house inside of a HOA community

Many HOAs provide policies and procedures for architectural improvements, modifications, or changes to homeowners’ properties. In fact, HOA’s are actually required to adopt written procedures for reviewing architectural applications. The procedure must provide prompt deadlines for review by the association. The procedures must be included in the association’s governing documents, i.e., the rules and regulations or architectural guidelines. (Civ. Code §4765(a)(1).) Those rules are often called “Architectural Guidelines” or something similar and they establish the HOA’s application process, specifications, and other requirements for such changes. Those guidelines are often contained within the HOA’s Rules and Regulations, or even in a formal architectural standard. For example, an HOA may provide specific paint colors that can be used on the exterior of a home, height restrictions, wood flooring installation methods, etc.

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Ways to Get Attorneys Fees in HOA Litigation

Document exchange by attorney and clients

In most litigation cases, you can’t get your attorneys fees back. But HOA litigation is different. The California legislature recognized that if attorneys’ fees weren’t available, CC&Rs would be largely unenforceable. Litigation is expensive. Often, the cost of litigation is so prohibitive that HOAs would run roughshod over homeowners, secure in the knowledge that it would be just too expensive to fight back or that the cost of fighting back would dwarf the benefit of winning.

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