Board Usually Has the Final Word

QUESTION: Does a homeowner association’s board have the authority to overrule an architectural committee’s approval of improvements that are already completed and approved by the building and safety department? Can the board reverse the architectural committee’s approval of plans for improvements when construction has begun?

I believe that the board members are either misguided or jealous of the improvements that we have made. We are interested in your comments.

ANSWER: In most associations, committees must report to the board and final approval comes from the board of directors. I have seen some association’s legal documents that set up the architectural review committee as a separate review board that has authority to rule on proposed improvements without the board’s review or consent, but this is not typical.

By reading your association’s declaration of covenants, conditions and restrictions and bylaws, you will find out how the chain of command works in your association.

The city building codes are often more lenient than association architectural requirements, so a sign-off from the building and safety department has no bearing on the association’s approval.

For instance, architectural restrictions often require that specific materials compatible with the existing structure be used for exterior construction. Many associations have the authority to approve specific paint colors or other aesthetic considerations.

Let’s address the real problem here. It sounds as you went ahead with some type of improvement without proper approval. In fact, your first question leads me to believe that you completed some work and then applied to the association for approval after the fact.

Perhaps the architectural committee approved it, but then the board had a different viewpoint. I need more information to understand why the board is ruling after the fact.

The details in your letter indicate that you have done a great deal of work and you’ve received some criticism. Undoubtedly, you would have a better relationship with the board if you had waited for a thorough review of your projects and received the proper approval before your construction.

As an owner in a common-interest development, you cannot always do things your own way, even if you are beautifying your property. The association has the final say.

Davis-Stirling Act Has Broad Application

Q: I read your June 23 column about the Davis-Stirling Common Interest Development Act. I live in a homeowner association of 37 individual homes. We are not a condominium association. Does the Davis-Stirling Act apply to our association?

A: Yes, the Davis-Stirling Act governs all sizes and types of incorporated or unincorporated community associations, including homeowner associations, planned developments, stock cooperatives and “own-your-own” community projects.

Specifically, Civil Code Section 1352 states that the Davis-Stirling Act applies to any common-interest development wherein the owners’ separate interest (units or lots) are coupled with ownership in the common area or membership in an owners’ association and the declaration is recorded at the county recorder’s office along with a condominium plan, if one exists, and a final map or parcel map, if required by Division 2 of Title 7 of the Government Code.

Jan Hickenbottom is a past president of the Greater Los Angeles chapter of the Community Associations Institute, a national nonprofit research and educational organization. She welcomes readers’ questions but cannot answer them individually. Readers with questions or comments can write to her in care of Condo Q&A;, P.O. Box 5068, Thousand Oaks, CA 91360.