Homeowners’ Associations & Exterior Changes
On July 6, the Washington Post featured an important article on homeowners’ association rules governing exterior changes, and why it is important that they be followed. Many owners ignore processes put in place by an association’s architectural control committee, even though the association’s declaration of covenants requires advance approval before additional or changes can be made—approval processes that are in place for every homeowners’ association, and for good reason. While the scope of each of these architectural committees varies depending upon the association, most associations have them in order to preserve balance and uniformity within the association. Before each individual owner does any exterior work, they typically have to seek advance approval from this committee so that the committee can preserve a harmonious design for the community and protect the value of the property itself. Covenants Rule While individual owners may disagree with the concept of external uniformity, if the association documents require it, it is binding. This is why it is so important for owners to take a close look at these documents before buying into an association. Outside of exterior work, the board of directors also typically reserves the right to review any major construction occurring within a unit so as to ensure that licensed contractors are being used, the proper permits have been obtained, and there is adequate insurance in place to cover any potential mishaps. … As Long As the Guidelines Are Proper Courts have upheld the power of covenants to be valid and enforceable against individual owners as long as they are clear and spell out the standards. This requires more than just writing in that owners must obtain written approval from the architectural committee before making exterior changes; but rather, putting forth very specific guidelines so that both the owner and those conducting the review have actual objective standards by which to compare the proposed change. This is why homeowners’ associations want to ensure that they work with an experienced homeowners’ association attorney in their area, who knows how to ensure that the covenants are properly developed and articulated in accordance with what the law requires. These specific guidelines are either automatically contained in association documents, or they are drafted and approved by a majority of the homeowners. Properly Applying the Rules When it comes to individual homeowners contesting architectural standards, the following rules must be applied in order for the association to prevail: The standards must be applied consistently, fairly, and in good faith. If the committee chooses not to enforce a particular covenant in one case, it may be prohibited from doing so in another; The committee must act swiftly in addressing any issue or deviation from the standards (i.e. it cannot wait six months, for example, to file suit against unauthorized construction). The association documents will frequently dictate how long the committee has to make a given decision on these types of issues. Florida Homeowners’ Association Attorneys Homeowners’ associations will often spend a considerable amount of money in litigation that could have been avoided had they simply consulted a homeowners’ association attorney in drafting their association covenants and guidelines. For assistance in ensuring your association is protected, contact our Florida homeowners’ association attorneys at HD Law Partners today. Resource: washingtonpost.com/realestate/homeowners-association-rules-governing-exterior-changes-cannot-be-ignored/2018/07/03/1a3172c0-7400-11e8-b4b7-308400242c2e_story.html?noredirect=on&utm_term=.0c0ec7ddc254 Tags: Florida Homeowners Association Attorney, Florida Homeowners Association Attorneys Posted in Homeowners Association | No Comments » Connect with us Archives May 2026 April 2026 March 2026 February 2026 January 2026 December 2025 November 2025 October 2025 September 2025 July 2025 June 2025 January 2025 January 2024 December 2023 November 2023 October 2023 September 2023 August 2023 July 2023 June 2023 May 2023 April 2023 March 2023 February 2023 January 2023 December 2022 November 2022 October 2022 September 2022 August 2022 July 2022 May 2022 April 2022 March 2022 November 2021 October 2021 September 2021 August 2021 July 2021 May 2021 April 2021 March 2021 February 2021 January 2021 December 2020 November 2020 October 2020 August 2020 July 2020 June 2020 May 2020 April 2020 March 2020 February 2020 January 2020 December 2019 November 2019 October 2019 September 2019 August 2019 July 2019 June 2019 May 2019 April 2019 March 2019 February 2019 January 2019 December 2018 November 2018 October 2018 September 2018 August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 November 13 Categories Alimony Appellate Arbitration Auto Accidents Auto Insurance Business Corporate Business Insurance Law Child Custody Child Support Criminal Law Divorce Family Law FEMA Insurance Payments Florida’s Mandatory 2‑Hour Legal Professionalism CLE: Foreclosure Defense Fort Myers Hurricane Insurance Attorney General Guardianship HD Law Partners Service HOA/Property Management Homeowners Association Homeowners Insurance Hurricane Claims Hurricane Insurance Insurance Bad Faith Insurance Claims Insurance Defense Insurance Litigation Landlord Tenant Law Enforcement Liability Loan Modifications Mold Water Damage Parental Rights Paternity Personal Injury Premises Liability Law Prenuptial Agreements Private Security Property Distribution Property Owner Law Sarasota Insurance Litigation Attorney Slip Fall Tampa Business and Corporate Attorneys tampa family attorney Tampa Insurance Attorneys Timeshare Timesharing Uncategorized HD Law Partners is proud to be your trusted full-service law firm Quick Links Property & Casualty Business & Corporate Litigation Family Law Contact Us Careers Get In Touch 2002 North Lois Avenue Suite 510 Tampa, FL 33607 813-253-5333 Contact Us