Architectural Command: It's Vital to your Customs
Ofttimes Asked Questions
​

Architectural control is one of the chief reasons behind the existence of every common ownership community (COC), whether it is a condominium, cooperative, townhome, homeowner or community clan. It protects you against your neighbour storing trash in his yard, building an ugly fence, painting his firm purple, or any of a thousand other visual "monstrosities" that can reduce the value and marketability of your home also as your pride in the advent of your neighborhood. Although the COC's governing documents may grant the community broad control over architectural matters, the community'southward potency is not unlimited.

  1. How is architectural control established?
  2. What is architectural control?
  3. What is the importance of prior approving?
  4. What are some essential terms that I need to know?
  5. What are the responsibilities of the ARC?
  6. How many people should serve on an ARC?
  7. Who can be a fellow member of the ARC and how are members chosen?
  8. How is the ARC chairperson chosen? Is there a fourth dimension limit on the term of office?
  9. Do all COC's have the same rules?
  10. Are a COC'south governing documents the only places where its rules are found?
  11. Why are ARC standards, guidelines and regulations adopted in some communities?
  12. What kinds of architectural command issues exercise the governing documents ordinarily embrace?
  13. Do I have to submit an application to the ARC if I want to make changes?
  14. If I want to put up a swing set, and I can't detect any mention of swing sets in my governing documents, do I still take to submit an application for them?
  15. If I get a building permit to install a deck at my house, do I still need approval from my ARC?
  16. I have my ARC'due south permission to build an addition on my firm. Do I have to have approval from any other agency?
  17. How can our ARC learn to develop good standards, guidelines, and procedures?
  18. What should nosotros practice to make certain our architectural rules are legally enforceable?
  19. If the ARC or board of directors believes that an possessor is in violation of the ARC rules, can it impose fines or other penalties?
  20. When I bought my house, it had simply been painted by the seller, but now the association is telling me that the paints are the incorrect color and I accept to repaint the house. Tin can they make me do this?
  21. I submitted an ACR for a new window on my habitation 2 months ago only I haven't heard any response from the ARC. What are my rights?
  22. I submitted an application, and I later saw the ARC chair at a meeting, and he told me my application was fine. Can I go ahead and get-go the work?
  23. I received written approving for a new deck, but I want to alter the type of railing. Tin can I go ahead and make the change or must I submit a revised application?
  24. All the houses in my area are white. I just painted my firm white but the ARC is telling me that it's the wrong shade of white and I have to repaint it once again. Can they practise this?
  25. I desire to replace the forepart door of my firm so that I tin can apply my wheelchair more easily, but the ARC says I tin can't install a door of a different pattern, and none of the designs they permit are wide enough for my needs. What are my rights?
  26. My neighbor has satellite Television and has an exposed Tv cable on his firm xx anxiety long. I have cable TV, and I have an exposed wire 5 anxiety long. Merely the COC is holding me in violation of a rule for having more than ii feet of exposed wiring, and non taking any activity against my neighbor. Doesn't the COC have to accept fair enforcement of the rules?
  27. I installed a security door on the rear of my business firm vii years ago. I merely got a find from the COC telling me that security doors are not permitted in my neighborhood and that I take to take mine downward or face a fine. Haven't they waived their rights after and so long a time?

How is architectural control established?

Architectural command is the legal authority over individual homeowners granted to COC's past the governing documents filed in the state records of the County. Through the very act of purchasing a domicile in a COC each purchaser agrees to abide by that authority and its standards. That dominance is exercised by fellow homeowners from the same customs who may be the elected members of the board of directors, or board-appointed members of the Architectural Review Committee [ARC].

What is architectural control?

Architectural control is a common ownership community procedure which relies on homeowners applying for prior written approval of the changes, additions, or alterations that they wish to make to their domicile or unit of measurement in the community. It may also include changes to the lot'southward landscaping and the construction or installation of structures on the lot such as fences, sheds and play equipment. Equally a homeowner, you lot possibly be offended at having to ask for permission to make reasonable changes to the appearance of your home. Remember, however, that reasonableness, like beauty, is in the centre of the beholder. The possessor of that imperial house probably believes the color is not just reasonable, but beautiful equally well. The only manner you can be protected from neighbors with questionable tastes is if you, too, are subject to that same process.

What is the importance of prior approving?

Prior written approving is the most constructive way to achieve architectural command. It helps avert wasted time and money spent on changes and alterations that may ultimately have to be dismantled or redone. It prevents needless rancor between neighbors past allowing the discussion of proposed changes before they happen, rather than afterward they're completed. Prior written blessing provides the customs an opportunity to offering useful and ofttimes welcome communication and suggestions of which the homeowners may not have been aware. Finally, prior written approval protects both the homeowner and the community from needless futurity disputes over what changes take been authorized.

What are some essential terms that I need to know?

Architectural Review Committee (ARC): the trunk of people responsible for interpreting and administering a customs'south architectural rules and or CC&R's. It is as well called the Architectural and Environmental Control Committee, the Architectural Review Lath, the Architectural Covenants Committee, and the Covenants Committee.

Architectural Modify Request (ACR): a document required past most COC rules which the owner must submit to obtain permission from his ARC for the changes the owner wishes to make. The ACR must usually state the details of the changes.

CC&R's: Covenants, Conditions and Restrictions

Common Ownership Community (COC): in Maryland law, a development subject area to a declaration enforced by a homeowners association, residential condominium, or cooperative housing association.

Condominium: real property subject to a condominium regime established pursuant to the Maryland Condominium Human action.

Cooperative: homeownership arises from membership in a corporation coupled with a possessory interest in real belongings. Owners accept an exclusive correct of possession in a specific unit, creating a legal relationship of landlord-and-tenant between the cooperative and the fellow member, and evidenced by a proprietary lease agreement.

Governing documents: formal legal documents governing a COC, which include, but are not limited to, articles of incorporation, announcement, bylaws and covenants.

Homeowners association: a legal entity established nether the Maryland Homeowners Clan Act and having the authority to enforce the provisions of a announcement. It can be incorporated or unincorporated.

Homeowners Association Depository: a filing organization established by the Maryland Homeowners Association Act, Sections 11B-112 and 113 of the Real Belongings Article of the Maryland Lawmaking, the purpose of which is to brand bachelor all the clan'south documents to its members. The laws require all homeowner associations to file all their documents with the clerk of the Circuit Courtroom of the county in which the association is located. Required documents, including bylaws and rules, which have non been deposited, are unenforceable until they are deposited.

Prior written blessing: written approval, requested and obtained in accelerate for additions, alterations or improvements to a dwelling house or unit in a COC.

Recorded governing documents: governing documents for COC'southward which must exist recorded in the land records or in the Homeowner Association Depository in order to be enforceable.

What are the responsibilities of the ARC?

Your COC'south recorded governing documents should identify the ARC's general responsibilities, charging it with establishing, developing and issuing control over specific architectural standards for the community. For simplicity, nosotros refer to the Architectural Change Request as the "application". The documents may plant:

  • the standards and guidelines for architectural details, changes or improvements, and periodic updates to the standards and guidelines;
  • the duty to obtain the ARC'due south prior written approval (usually through a written application) before making changes, additions or alterations to the belongings;
  • the maximum cost and length of fourth dimension for the review of and decision on the application;
  • the maximum length of time that the ARC'due south approval is valid, and the maximum fourth dimension the possessor has to complete the improvement;
  • the appeal process if the possessor disagrees with the ARC's decision;
  • the process for correction of violations or the enforcement of the COC's governing documents and architectural rules;
  • the correct or duty of the ARC to conduct periodic inspections to ensure that work in progress or completed has received ARC approving and conforms to the community's architectural rules; and too to ensure that the properties are being properly maintained and kept in good repair.

How many people should serve on an ARC?

The numbers can vary and are commonly stated in the governing documents. If the documents don't give a number, we recommend that information technology be an odd number of no less than 3 members.

Who tin can be a member of the ARC and how are members chosen?

Commonly, the governing documents will say who the members are and how they are chosen. Since the ARC regulated changes proposed by owners, it makes sense that the members all be owners in good standing. If members are appointed by the lath of directors (which is usually the example) nosotros recommend that a newsletter commodity or the like be used to invite owners to apply for positions on the ARC. Sometimes the governing documents state that the board of directors volition also be the ARC, or that if there are non enough volunteers for an ARC, the lath will act as the ARC.

How is the ARC chairperson chosen? Is in that location a time limit on the term of office?

The governing documents volition specify how the chair is chosen and what the term limits are.

Do all COC's have the same rules?

No. They can alter considerably from one association to some other. You lot must read your ain associations' recorded governing documents carefully.

Are a COC'south governing documents the only places where its rules are institute?

No. Many COC's expand or modify their architectural rules from time to time. Typically, the ARC makes a proposal for a rule, which should exist circulated to the owners, and adopted by the Board of Directors. (Homeowner associations, but not condominiums or cooperatives) must file their rules and dominion changes in the Homeowners Clan Depository.)

Why are ARC standards, guidelines and regulations adopted in some communities?

Many governing documents are very full general in terms and do not ready specific architectural standards. Instead, the governing documents consul the ability to set architectural rules to the ARC or the Board of Directors. This approach enables communities to modify standards and rules as time passes and customs preferences alter.

What kinds of architectural control problems exercise the governing documents ordinarily cover?

Some governing documents become into groovy detail, while others practice no more than than to establish an ARC and grant information technology general potency. You must review your own customs'due south rules. Here are some examples of the kinds of things that an architectural control policy usually includes:

  • restrictions on the utilise of a unit or a lot;
  • nature and location of signs which tin can be displayed;
  • requirement of detailed written applications to make changes (including to change paint colors);
  • the duty to maintain all structures, lawns and property in proficient condition;
  • time frames for completing improvements and changes;
  • restrictions on play equipment, lawn piece of furniture, ornaments, sheds, etc.;
  • pre-approved standards;
  • procedures for highly-seasoned ARC decisions; and
  • penalties, including fines and other charges, for violation of the rules.

Do I have to submit an application to the ARC if I want to brand changes?

Yes, near COC's have an application requirement and process for submission of detailed written plans related to the proposed modify, addition or alteration.

If I want to put up a swing fix, and I tin can't find any mention of swing sets in my governing documents, exercise I all the same have to submit an application for them?

Just because y'all don't see the item specifically mentioned, doesn't mean information technology's non covered elsewhere. Y'all should contact the community manager or the ARC chair to verify whether an application is needed, and if you lot are told it is not needed, get that in writing.

If I get a building allow to install a deck at my firm, practice I all the same need approving from my ARC?

Yes, y'all exercise, if your customs regulates decks (and nigh of them do).The building codes simply regulate how the structure is to exist congenital; they do not override community rules on whether you can build the construction or not, or how it must look. The building codes are in addition to your customs's rules.

I have my ARC's permission to build an add-on on my house. Do I accept to have approving from whatsoever other agency?

Yes, you might. ARC approving does non relieve y'all from your other legal obligations to obtain the necessary permits, to have the work done properly and safely, and to ensure information technology passes the required inspections. If the work is regulated past the County (or by your local City) you must utilise for the proper permit from the building lawmaking office. You may likewise demand to contact "Miss Utility" (one-800-257-7777) before starting the work, so that the utilities can mark their cloak-and-dagger lines and evidence yous where not to dig. (If you impairment the hush-hush utilities, you can cause serious personal injury, property damage, and service outages for you and your neighbors.)

How can our ARC learn to develop good standards, guidelines, and procedures?

Here are some tips:

  • If your community has a professional manager, enquire the manager for communication;
  • Inquire other communities for a re-create of their rules and procedures;
  • Contact public service organizations like the Maryland Homeowners Association or the Community Associations Institute (both are online) to ask for any publications that they may take for sale or to give you free. (Some suggested manuals available at www.caionline.org are: "Drafting Rules", #5885; "Design Review", #5877; and "Best Practices #two: Governance", #1640.) You may also wish to read "Healthy Indoor Paint Practices", available at the website for the County's Department of Environmental Protection'south Publications page.
  • Read the CCOC'southward Community Manual & Resource Guide.

What should we do to make sure our architectural rules are legally enforceable?

Your association should ask its attorney to review them, if not when starting the process of writing the rules, then when the concluding typhoon is consummate simply before it is formally adopted. The attorney tin can review the rules to ensure that they cover the basics but do not overstep the ARC's authorisation.

When the new rules accept been reviewed by the attorney, the lath should distribute them to the owners, and so formally adopt them at an open coming together of the board after receiving customs input. For new communities, the guidelines should be distributed to the members as before long as possible.

If the ARC or board of directors believes that an owner is in violation of the ARC rules, tin can information technology impose fines or other penalties?

The authority to impose penalties is found in your governing documents. (If you alive in a homeowners association, the documents must have been filed in the Homeowners Association Depository. If your home is in a condominium association, Department 11-113 of the Maryland Condominium Act outlines the procedures to be followed earlier a fine or other sanction tin be imposed.)Fines or sanctions must behave a reasonable human relationship to the nature of the violation.

In Montgomery County, after a dispute is found to be, the COC must notify the other party in writing of that party'southward correct to appeal an agin decision to the Committee on Mutual Ownership Communities. In addition, the COC must not take any action to enforce its decision confronting that party for 14 days afterward information technology notifies the party of the decision and the right to appeal. If the party does file an appeal or complaint with the Commission, there is an "automated stay" of all actions (except court actions) by the COC confronting the party, until such fourth dimension as the complaint is resolved or until the Committee decides the dispute. In other words, the COC cannot take whatever activity to enforce or implement its decision until the case is decided, or the Committee lifts the automatic stay. (The automatic stay does not foreclose the COC from suing in court to enforce its determination.) This right does not apply to associations located within the limits of the City of Rockville or the Metropolis of Gaithersburg, as they accept not adopted Chapter 10B of the County Code.

When I bought my house, it had just been painted by the seller, but now the association is telling me that the paints are the incorrect color and I have to repaint the house. Tin they make me do this?

When you lot buy a home in a COC, the seller is obligated to requite you a detailed disclosure of the rules, and to inform you of whether the COC says the home meets the community rules. If the seller fails to do this on request, you may take a legal claim against the seller. Still, if the COC is properly enforcing a properly-adopted rule, then you are bound by the rules, even if the violation began before you bought the home and you must right any outstanding violations.

You should enquire to encounter the certification issued by the COC to your seller. If the COC certified that there were no violations at the fourth dimension of auction, it may be bound by that argument, and cannot take action against the heir-apparent of the abode.

I submitted an ACR for a new window on my home 2 months agone only I haven't heard whatever response from the ARC. What are my rights?

You should read the governing documents and architectural control rules very carefully. Some, but not all! Rules say that if the ARC fails to human action inside 60 days after it receives the awarding, so the awarding is deemed to exist approved. Fifty-fifty if yous have such a rule, however, yous should be careful about simply going ahead and making the change. Tin y'all prove that the ARC received the application and that it wasn't lost in the postal service? Exercise y'all know for certain that the ARC failed to act, or was its response lost in the mail service? Nosotros recommend yous contact the ARC for information about the status of your application earlier you brand any decisions.

If your community has no articulate borderline, but has failed to act within 60 days, you take the right to file a complaint nigh its inaction with the Commission on Common Ownership Communities.

I submitted an application, and I subsequently saw the ARC chair at a coming together, and he told me my awarding was fine. Can I go ahead and start the work?

No. We strongly recommend that you get the approval in writing. Nigh associations' rules require written approvals from the ARCs, so an oral approval may have no legal event. In improver, decisions must be made by a majority of the ARC or of the lath, and so one person does not take the authority to grant permission for a project.

I received written approval for a new deck, but I want to change the type of railing. Can I go ahead and brand the change or must I submit a revised application?

Since nigh rules require written permission for all changes, you cannot vary from the terms of the approval you were given. If you want to make a change, still minor information technology seems to y'all, then you must submit a revised application and get approval for the change. The new railings you want might not encounter the community'southward standards, and if you install them without approval the community may take the right to make you take them down and supercede them with approved railings.

All the houses in my expanse are white. I just painted my house white but the ARC is telling me that it'southward the incorrect shade of white and I have to repaint information technology once more. Tin can they exercise this?

Yep, if you did non get approval for the type of white paint you used. The community is allowed to regulate the verbal shades of paint used on the homes. Many communities have approved pigment charts and so you lot know exactly what to use.

I want to replace the front door of my house then that I tin can use my wheelchair more easily, but the ARC says I can't install a door of a different design, and none of the designs they allow are wide enough for my needs. What are my rights?

The COC is required by Federal laws to allow physically disabled owners to make reasonable modifications to their homes that are required past their disability; otherwise, they run the risk of legal liability for discrimination against the handicapped. This does not hateful they must approve every change requested, but they are required to approve changes necessary to allow reasonable access. They could, for case, require y'all to utilise a wider door of a style that is more than compatible with the overall blueprint of your business firm and the neighboring houses. If wider doors are non available in the styles they want, and then they may have to corroborate the style you lot have requested.

My neighbor has satellite TV and has an exposed TV cable on his business firm 20 anxiety long. I take cablevision TV, and I take an exposed wire 5 anxiety long. But the COC is belongings me in violation of a rule for having more than than 2 feet of exposed wiring, and non taking whatsoever activity against my neighbour. Doesn't the COC have to have off-white enforcement of the rules?

Yes, the COC must show information technology is consistently enforcing a rule, otherwise, information technology could be accounted to have waived a rule, or it could be engaging in improper discrimination. All the same, there is a skillful reason for the difference in your situation. There is a Federal Communications Commission (FCC) regulation that prohibits unreasonable restrictions on an owner'south correct to install a satellite dish for TV reception anywhere on his individual property, and every bit a effect, the FCC has ruled that an clan cannot enforce a rule against exposed wiring unless information technology can bear witness that the exposed wiring is unsafe or dangerous. But this police does not apply to cable Goggle box installations, and so yous have to obey the COC's dominion.

I installed a security door on the rear of my house vii years ago. I merely got a detect from the COC telling me that security doors are not permitted in my neighborhood and that I accept to take mine downward or face a fine. Haven't they waived their rights later and then long a time?

No. If you lot installed the door without permission from your ARC, the rules can almost e'er exist enforced, fifty-fifty if the violation has existed for a long time. The ARC might non have the right to attempt to impose fines on you lot going back seven years, but equally long equally the dominion remains in effect, they can enforce it prospectively, and charge you fines from the mean solar day it'due south formally declared a violation.