The HOA ARC plays a crucial role in preserving curb appeal and property values. Homeowners must typically undergo an approval process before they can make any modifications or improvements to their property exteriors. The ARC then reviews these applications and ensures compliance with existing architectural rules.
What is the HOA ARC?
The HOA ARC, short for Homeowners Association Architectural Review Committee, is a committee dedicated to overseeing architectural standards and compliance. In an HOA community, appearance is of great importance. Properties must look a certain way, and homeowners should follow the rules set in place for their homes.
While architectural rules can vary from one HOA to another, they usually cover paint colors, construction materials, decorations, maintenance, and modifications. For instance, if a homeowner wishes to add a balcony to their second floor, they must go through the ARC. The same applies if a homeowner wants to build a shed.
Homeowners need to check their governing documents for specific information on architectural guidelines. Additionally, although many communities have a dedicated ARC, some do not. In some associations, particularly smaller ones, the HOA board assumes the roles and responsibilities of the architectural committee.
Other names for the HOA ARC include:
- Architectural Control Committee (HOA ACC)
- Design Review Committee
- HOA Architectural Review Board
- Landscape Review Committee
- Art Jury
What Does the HOA Architectural Review Committee Do?
While exact responsibilities can differ depending on the association, the HOA ARC is generally responsible for the following:
- Architectural Request Review. Homeowners submit requests to modify, alter, or improve their property exteriors. Even the smallest of changes, such as a new paint job, must usually go through the ARC. The committee must then review each request and determine whether they comply with architectural standards.
- Architectural Request Decision/Recommendation. After reviewing each request, the ARC must approve or deny the application. Denials must usually come with a stated reason, allowing the owner to edit their request to comply with the rules. In some communities, the ARC only acts as a recommending body. In this case, the ARC reviews requests and makes recommendations on decisions to the board.
- Architectural Appeals Review. When it comes to architectural changes, homeowners may be able to appeal the decision of the ARC or board. The committee must then review each appeal carefully.
- Architectural Rules Enforcement. The architectural committee is responsible for inspecting the community for any violations of the architectural guidelines. For example, suppose an owner has built a patio that wasn’t previously approved. In that case, the ARC must enforce the rules by going through the violation process or referring the violation to the board or a separate committee.
- Communication. The ARC’s role is to communicate decisions and updates to homeowners. This committee can also educate residents on the association’s architectural rules.
- Documentation. The ARC maintains and stores all related documents, including requests, approvals, and denials.
Understanding the HOA ARC Application Process
When a homeowner wishes to alter, modify, or improve the exterior of their home, they must typically go through an application process. The exact steps and requirements for this process should be found in the governing documents or architectural guidelines.
In general, homeowners should include the following information in their request:
- Description of the proposed modification
- Purpose and type of the planned addition
- Materials intended for use
- Paint color or finish, if applicable
- Detailed blueprints or sketches of the project
- Credentials of the contractor or installer
- Required permits, if any
- Estimated timeline for completion
The HOA ARC will use the information above to determine whether the request adheres to the association’s architectural standards. After the review, the committee will decide whether to approve or deny the request. In some communities, the ARC will only recommend to the board, who will then make the final decision.
Homeowners need to go through the application process and await a decision before proceeding with the change. Otherwise, the HOA may ask the owner to reverse the changes, which the owner has to pay for themselves. If they still wish to go through with the change, they can submit an application and wait for a decision like everyone else.
Texas HOA Architectural Committee Guidelines
In Texas, Section 209.00505 of the Texas Property Code governs architectural committees in HOAs with at least 40 lots. That said, the association’s governing documents may also discuss the ARC’s role and authority. Board members, committee members, and homeowners must check these documents for guidance.
HOA Architectural Committee Members in Texas
According to Texas law, the architectural committee’s membership is limited. Current board members and their spouses may not serve on the ARC, and anyone who resides in the household of a current board member may not serve on the committee.
This provision will likely minimize conflicts of interest and prevent board members from abusing their power. Since board members hold decision-making authority, anyone directly affiliated with them can’t join the ARC.
Appealing ARC Decisions in Texas
According to Texas law, if the architectural review committee rejects a homeowner’s request or proposal, it must provide a written notice of the decision via certified mail, hand delivery, or electronically. The notice must discuss, in reasonable detail, why the proposal was denied. Similarly, it must describe any changes that the owner can make to the proposal that would result in the request’s approval.
Additionally, the notice must allow the homeowner to ask for a hearing with the HOA board on or before the 30th day from when the notice was mailed. This hearing will allow the HOA board and the homeowner to discuss the proposal, confirm facts, and resolve the rejection of the architectural request. The HOA board may then “affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority” following the governing documents of the HOA.
An Essential Committee
The HOA ARC serves a vital purpose within a community. This committee is responsible for ensuring compliance with architectural standards to maintain the community’s character, appeal, and property values. While serving on this committee can be complex and demanding, it is an important and worthwhile job.
Graham Management offers exceptional HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more.
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