Your Architectural Review Was Denied. Here's What to Check.
You submitted your architectural review application, waited weeks, and got a denial. It is frustrating. But before you give up on that deck, shed, or home addition, check whether the denial was actually proper. Boards get this wrong more often than you would think.
Does the Denial Cite a Specific Rule?
A proper denial should point to a specific section of the CC&Rs or architectural guidelines that your project violates. If the denial letter just says "not approved" or "does not meet community standards" without citing a rule, that is a problem. The board needs a documented basis for saying no. Vague rejections are a sign that the committee may not have followed its own process.
Do Written Standards Exist?
Many CC&Rs require the architectural review committee to publish written guidelines for the types of improvements they review. If they are denying your shed application but have never published standards for sheds, they may not have the authority to deny it. The standards need to exist before your application, not be created after the fact to justify a rejection.
Did They Meet Their Deadline?
Check your CC&Rs for a response deadline. Many communities require the ARC to respond within 30 to 45 days. If they missed that window, your application may be deemed approved automatically. Count the days from when you submitted a complete application to when you received the denial. If they were late, that is one of the strongest arguments you can make.
Was the Committee Properly Formed?
Your governing documents describe how the ARC is supposed to be formed. How many members? Who appoints them? Are there quorum requirements? If the committee that denied your application was not properly constituted, their decision may not be valid. This is a detail most homeowners never think to check, but it matters.
Have Similar Projects Been Approved?
Walk or drive around your neighborhood. Are there other homes with the same type of improvement you applied for? If so, the board has a consistency problem. They cannot approve a deck for one homeowner and deny the same type of deck for another without a legitimate, documented reason. Take photos and note addresses.
Your Right to Appeal
Most governing documents provide an appeal process for architectural denials. There is usually a deadline to file your appeal, so check the documents promptly. When you appeal, address each reason given for the denial. Cite the specific sections of the CC&Rs that support your case. Include evidence of similar approved projects if you have it.
If you want help figuring out whether your denial holds up, HOAAppeal analyzes your governing documents and denial letter to find the arguments the board might not want you to know about. The Sniff Test is free.