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QUESTION: Our community has been in existence for 10 years. The last 5 years have been Homeowner run. We are now developing our own Design Guidelines. There are currently existing one Master Design Guideline and two Pre-Approval handbooks with noted items that have already been approved and do not require Design Review approval. However, now the Task Forces wants to remove certain already approved items and require that a homeowner submit an application for approval. All of these have been in existence for more than 5 years. Can this be done without consequence?
ANSWER: It depends. The starting point into this inquiry is your Declaration of Covenants, Conditions and Restrictions (CC&Rs). CC&Rs constitute a contract between the Association and its members. If the CC&Rs require that everything be approved, then it is likely best to amend the current “pre-approved” model to require approval for all exterior modifications or improvements visible from the common area or neighboring property. If there is a conflict between what your Design Review Rules and CC&Rs say, that conflict is almost always resolved in favor of the CC&Rs. Remember, the board and committee represents the mind and will of the community. Perhaps the best thing to do here is to…
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