HOA Architectural Review: How the Process Works and What Boards Must Do Right

What Is the Architectural Review Process?

Most HOA governing documents require homeowners to seek approval before making changes to the exterior of their home or lot — installing a fence, repainting, adding a deck, replacing windows, or making any modification that alters the community's appearance.

The architectural review committee (ARC) — sometimes called the architectural control committee (ACC) — is the body responsible for reviewing and approving or denying these requests.

Why This Process Matters

The architectural review process exists for a legitimate reason: consistent exterior standards maintain property values and community aesthetics. But poorly administered ARC processes are one of the most common sources of homeowner grievances, discrimination claims, and HOA litigation.

The two most common failure modes are:

• **Inconsistent standards:** Approving similar modifications for some homeowners while denying them for others
• **Inadequate procedures:** No written standards, no defined timeline for decisions, no appeal process

How to Run the Process Correctly

**Publish written architectural standards.** The ARC must have written guidelines that define what is approvable, what is not, and what criteria are used to evaluate requests. Vague standards ("must be aesthetically compatible with the community") invite subjective — and potentially discriminatory — decision-making.

**Use a written application form.** Require applicants to submit plans, specifications, materials, and colors in a standard format. Incomplete submissions should be returned with a request for additional information, not denied on that basis.

**Set and honor a decision timeline.** Most governing documents specify how long the ARC has to respond to a complete application — often 30 to 60 days. If the ARC fails to respond within the required timeframe, many governing documents deem the application approved by default.

**Document every decision.** Keep a written record of every application, the information submitted, the decision made, and the reasoning. Consistent documentation is the best defense against a discrimination or selective enforcement claim.

**Provide an appeal process.** Applicants whose requests are denied should have an opportunity to appeal to the full board. The appeal process should be specified in the governing documents or ARC rules.

Common Legal Risks

**Fair housing violations.** The Federal Fair Housing Act and state equivalents prohibit applying different standards to homeowners based on race, color, national origin, religion, sex, disability, and familial status. Inconsistent application of architectural standards is one avenue through which fair housing claims arise.

**Solar and satellite dish restrictions.** Federal law (OTARD rule) and many state laws restrict HOAs' ability to prohibit satellite dishes and solar installations. HOAs can regulate placement and aesthetics to some degree, but blanket prohibitions are typically unenforceable.

**EV charging.** California law (and laws in several other states) prohibits HOAs from unreasonably restricting electric vehicle charging station installation. Michigan has no comparable statute, but this is a rapidly evolving area.

Frequently Asked Questions

Can an HOA deny an architectural request for any reason?

No. The HOA must apply its written standards consistently and cannot deny requests on the basis of protected class characteristics. In most states, denial decisions must reference the specific standard that was not met.

What if a homeowner makes a modification without approval?

The association can require the homeowner to remove or modify the unapproved change and restore the property to its original condition — at the homeowner's expense. This is typically enforceable through the violation and fine process.

How long should an HOA keep ARC records?

Indefinitely, or at minimum for as long as the community exists. ARC records are essential evidence in disputes over selective enforcement or discrimination claims.