Architectural Command: It's Vital to your Customs
Ofttimes Asked Questions
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Architectural control is 1 of the master reasons behind the beingness of every common ownership community (COC), whether it is a condominium, cooperative, townhome, homeowner or community association. It protects you against your neighbor storing trash in his k, building an ugly debate, painting his house imperial, or any of a one thousand other visual "monstrosities" that can reduce the value and marketability of your home besides as your pride in the appearance of your neighborhood. Although the COC's governing documents may grant the community broad command over architectural matters, the community's authority is not unlimited.

  1. How is architectural command established?
  2. What is architectural command?
  3. What is the importance of prior approval?
  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 member of the ARC and how are members called?
  8. How is the ARC chairperson called? Is there a time limit on the term of office?
  9. Do all COC'southward have the aforementioned rules?
  10. Are a COC'south governing documents the just places where its rules are constitute?
  11. Why are ARC standards, guidelines and regulations adopted in some communities?
  12. What kinds of architectural control issues practise the governing documents usually cover?
  13. Practice I have to submit an application to the ARC if I want to make changes?
  14. If I want to put up a swing prepare, and I can't find any mention of swing sets in my governing documents, do I withal have to submit an application for them?
  15. If I get a building permit to install a deck at my house, practice I still need approval from my ARC?
  16. I take my ARC's permission to build an add-on on my house. Do I have to take approval from any other agency?
  17. How can our ARC learn to develop good standards, guidelines, and procedures?
  18. What should nosotros do to brand sure our architectural rules are legally enforceable?
  19. If the ARC or board of directors believes that an owner is in violation of the ARC rules, can it impose fines or other penalties?
  20. When I bought my house, information technology had just 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 home ii months ago but I haven't heard any response from the ARC. What are my rights?
  22. I submitted an application, and I after saw the ARC chair at a coming together, and he told me my application was fine. Can I go ahead and get-go the work?
  23. I received written approval for a new deck, but I want to change the type of railing. Can I go ahead and brand the alter or must I submit a revised application?
  24. All the houses in my area are white. I just painted my house white just the ARC is telling me that it's the incorrect shade of white and I take to repaint it again. Can they practice this?
  25. I want to replace the front door of my house so that I can apply my wheelchair more easily, but the ARC says I tin't install a door of a unlike design, and none of the designs they permit are broad enough for my needs. What are my rights?
  26. My neighbor has satellite Telly and has an exposed TV cable on his firm twenty feet long. I take cablevision TV, and I have an exposed wire five feet long. Simply the COC is holding me in violation of a rule for having more than 2 anxiety of exposed wiring, and not taking whatever action against my neighbor. Doesn't the COC have to accept off-white enforcement of the rules?
  27. I installed a security door on the rear of my house 7 years ago. I just got a discover from the COC telling me that security doors are not permitted in my neighborhood and that I have to have mine downwardly or confront a fine. Haven't they waived their rights afterward so long a time?

How is architectural control established?

Architectural control is the legal authority over individual homeowners granted to COC's by the governing documents filed in the land records of the County. Through the very human activity of purchasing a habitation in a COC each purchaser agrees to abide by that authority and its standards. That authority is exercised past fellow homeowners from the same community who may be the elected members of the lath of directors, or lath-appointed members of the Architectural Review Commission [ARC].

What is architectural control?

Architectural command 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 habitation or unit in the community. It may also include changes to the lot's landscaping and the construction or installation of structures on the lot such as fences, sheds and play equipment. As a homeowner, yous perchance exist offended at having to ask for permission to make reasonable changes to the advent of your home. Retrieve, even so, that reasonableness, like dazzler, is in the eye of the beholder. The owner of that purple house probably believes the color is not only reasonable, but beautiful as well. The only fashion you can be protected from neighbors with questionable tastes is if you lot, also, are subject to that same process.

What is the importance of prior approval?

Prior written blessing is the most effective way to accomplish architectural control. It helps avoid wasted time and money spent on changes and alterations that may ultimately accept to be dismantled or redone. It prevents needless rancor betwixt neighbors by assuasive the discussion of proposed changes before they happen, rather than after they're completed. Prior written approval provides the community an opportunity to offer useful and frequently welcome advice and suggestions of which the homeowners may not have been aware. Finally, prior written approval protects both the homeowner and the community from needless future disputes over what changes have been authorized.

What are some essential terms that I need to know?

Architectural Review Commission (ARC): the body of people responsible for interpreting and administering a community'southward architectural rules and or CC&R's. Information technology is also chosen the Architectural and Environmental Control Committee, the Architectural Review Board, the Architectural Covenants Committee, and the Covenants Committee.

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

CC&R's: Covenants, Conditions and Restrictions

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

Condominium: real property subject to a condominium government established pursuant to the Maryland Condominium Act.

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

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

Homeowners association: a legal entity established under the Maryland Homeowners Clan Human action and having the authority to enforce the provisions of a declaration. It tin exist incorporated or unincorporated.

Homeowners Clan Depository: a filing organisation established by the Maryland Homeowners Association Act, Sections 11B-112 and 113 of the Real Holding Commodity of the Maryland Lawmaking, the purpose of which is to make available all the clan's documents to its members. The laws require all homeowner associations to file all their documents with the clerk of the Circuit Court 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 approval: written approval, requested and obtained in advance for additions, alterations or improvements to a home or unit in a COC.

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

What are the responsibilities of the ARC?

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

  • the standards and guidelines for architectural details, changes or improvements, and periodic updates to the standards and guidelines;
  • the duty to obtain the ARC'south prior written approval (ordinarily through a written application) earlier making changes, additions or alterations to the property;
  • the maximum toll and length of time for the review of and conclusion on the application;
  • the maximum length of time that the ARC's approving is valid, and the maximum time the owner has to consummate the improvement;
  • the entreatment process if the owner disagrees with the ARC'due south determination;
  • the process for correction of violations or the enforcement of the COC'south governing documents and architectural rules;
  • the correct or duty of the ARC to acquit periodic inspections to ensure that work in progress or completed has received ARC approval and conforms to the community's architectural rules; and also to ensure that the backdrop are being properly maintained and kept in good repair.

How many people should serve on an ARC?

The numbers can vary and are usually 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 exist a member of the ARC and how are members chosen?

Normally, the governing documents will say who the members are and how they are chosen. Since the ARC regulated changes proposed by owners, information technology makes sense that the members all be owners in skilful standing. If members are appointed by the lath of directors (which is normally the case) we recommend that a newsletter commodity or the similar exist used to invite owners to apply for positions on the ARC. Sometimes the governing documents land that the board of directors will also be the ARC, or that if there are non enough volunteers for an ARC, the board volition human action as the ARC.

How is the ARC chairperson chosen? Is there a time limit on the term of role?

The governing documents will specify how the chair is called and what the term limits are.

Practice all COC's take the same rules?

No. They can alter considerably from one association to another. You must read your own associations' recorded governing documents carefully.

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

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

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

Many governing documents are very general in terms and practice not ready specific architectural standards. Instead, the governing documents delegate the power to set architectural rules to the ARC or the Lath of Directors. This approach enables communities to modify standards and rules as time passes and customs preferences change.

What kinds of architectural command issues do the governing documents usually cover?

Some governing documents become into great detail, while others do no more than than to establish an ARC and grant information technology full general authorization. You must review your own community'south rules. Here are some examples of the kinds of things that an architectural control policy normally includes:

  • restrictions on the utilise of a unit or a lot;
  • nature and location of signs which can be displayed;
  • requirement of detailed written applications to make changes (including to change pigment colors);
  • the duty to maintain all structures, lawns and property in good condition;
  • time frames for completing improvements and changes;
  • restrictions on play equipment, lawn furniture, ornaments, sheds, etc.;
  • pre-canonical 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 make changes?

Yes, most COC's have an application requirement and procedure for submission of detailed written plans related to the proposed change, improver or alteration.

If I desire to put up a swing set, and I tin can't find any mention of swing sets in my governing documents, exercise I still have to submit an awarding for them?

Only because you don't see the detail specifically mentioned, doesn't mean it'southward not covered elsewhere. You should contact the community director or the ARC chair to verify whether an application is needed, and if you are told information technology is not needed, get that in writing.

If I go a building let to install a deck at my house, exercise I still need approval from my ARC?

Yep, yous do, if your customs regulates decks (and nearly of them practice).The building codes simply regulate how the construction is to be built; they do not override community rules on whether you can build the construction or not, or how information technology must look. The building codes are in addition to your community'southward rules.

I have my ARC's permission to build an addition on my house. Practise I accept to accept approval from whatever other agency?

Yeah, yous might. ARC blessing does not relieve you from your other legal obligations to obtain the necessary permits, to have the piece of work done properly and safely, and to ensure it passes the required inspections. If the work is regulated by the County (or by your local City) you lot must utilize for the proper permit from the building code office. Yous may also need to contact "Miss Utility" (1-800-257-7777) earlier starting the work, then that the utilities can marker their underground lines and show you where not to dig. (If yous damage the underground utilities, you can cause serious personal injury, property harm, and service outages for you and your neighbors.)

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

Here are some tips:

  • If your community has a professional managing director, ask the manager for advice;
  • Ask other communities for a copy of their rules and procedures;
  • Contact public service organizations like the Maryland Homeowners Association or the Community Associations Establish (both are online) to ask for whatever publications that they may have for sale or to requite you costless. (Some suggested manuals available at www.caionline.org are: "Drafting Rules", #5885; "Design Review", #5877; and "Best Practices #ii: Governance", #1640.) You may also wish to read "Healthy Indoor Paint Practices", available at the website for the County's Department of Ecology Protection's Publications page.
  • Read the CCOC'southward Community Transmission & Resources Guide.

What should nosotros practise to make certain our architectural rules are legally enforceable?

Your association should ask its attorney to review them, if non when starting the process of writing the rules, and so when the final draft is complete just before it is formally adopted. The attorney tin review the rules to ensure that they cover the basics just do not overstep the ARC's authority.

When the new rules have been reviewed by the attorney, the board should distribute them to the owners, and then formally adopt them at an open meeting of the board after receiving community input. For new communities, the guidelines should be distributed to the members as soon 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 authorization to impose penalties is constitute in your governing documents. (If y'all live in a homeowners association, the documents must have been filed in the Homeowners Association Depository. If your home is in a condominium clan, Section xi-113 of the Maryland Condominium Act outlines the procedures to be followed before a fine or other sanction tin can be imposed.)Fines or sanctions must bear a reasonable relationship to the nature of the violation.

In Montgomery County, subsequently a dispute is establish to exist, the COC must notify the other political party in writing of that political party'due south correct to appeal an adverse decision to the Commission on Common Ownership Communities. In addition, the COC must non take any action to enforce its decision against that party for 14 days after it notifies the party of the decision and the correct to appeal. If the party does file an entreatment or complaint with the Committee, there is an "automatic stay" of all actions (except courtroom actions) past the COC against the party, until such fourth dimension as the complaint is resolved or until the Commission decides the dispute. In other words, the COC cannot take any action to enforce or implement its decision until the case is decided, or the Commission lifts the automatic stay. (The automatic stay does not prevent the COC from suing in court to enforce its determination.) This right does non use to associations located within the limits of the Metropolis of Rockville or the Urban center of Gaithersburg, as they accept not adopted Chapter 10B of the County Lawmaking.

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

When you purchase a home in a COC, the seller is obligated to requite you a detailed disclosure of the rules, and to inform you lot 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. However, if the COC is properly enforcing a properly-adopted dominion, then you are spring by the rules, fifty-fifty if the violation began before you bought the abode and you must correct any outstanding violations.

You should ask to see the certification issued by the COC to your seller. If the COC certified that there were no violations at the time of sale, it may be bound past that statement, and cannot take action against the heir-apparent of the abode.

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

Y'all should read the governing documents and architectural control rules very carefully. Some, just not all! Rules say that if the ARC fails to act inside lx days later it receives the application, and then the application is accounted to exist approved. Even if you have such a dominion, still, you should be careful nearly only going ahead and making the modify. Can you lot testify that the ARC received the application and that it wasn't lost in the mail service? Do you know for sure that the ARC failed to human activity, or was its response lost in the mail? Nosotros recommend you contact the ARC for information about the status of your application before yous make any decisions.

If your community has no articulate borderline, but has failed to act within lx days, you lot have the correct to file a complaint about its inaction with the Commission on Common Buying Communities.

I submitted an application, and I afterwards saw the ARC chair at a meeting, and he told me my application was fine. Can I go ahead and start the piece of work?

No. We strongly recommend that you get the approval in writing. Most associations' rules crave written approvals from the ARCs, and then an oral blessing may have no legal effect. In addition, decisions must exist fabricated by a majority of the ARC or of the board, and so i person does not take the authority to grant permission for a project.

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

Since most rules require written permission for all changes, you lot cannot vary from the terms of the approval y'all were given. If y'all want to make a alter, even so minor it seems to you, then you must submit a revised application and get approval for the change. The new railings you desire might not run across the customs'southward standards, and if you install them without approval the community may have the right to make yous take them down and supercede them with approved railings.

All the houses in my area are white. I just painted my business firm white but the ARC is telling me that it'south the incorrect shade of white and I have to repaint it again. Can they do this?

Yeah, if y'all did not become approving for the type of white paint you lot used. The community is allowed to regulate the verbal shades of paint used on the homes. Many communities have approved paint charts so y'all know exactly what to use.

I want to replace the forepart door of my house so that I can use my wheelchair more than easily, simply the ARC says I can't install a door of a different blueprint, and none of the designs they let are wide enough for my needs. What are my rights?

The COC is required past Federal laws to allow physically disabled owners to brand reasonable modifications to their homes that are required by their disability; otherwise, they run the risk of legal liability for discrimination confronting the handicapped. This does non mean they must corroborate every change requested, but they are required to approve changes necessary to allow reasonable access. They could, for example, require you to utilise a wider door of a mode that is more uniform with the overall design of your house and the neighboring houses. If wider doors are not available in the styles they want, and so they may have to corroborate the way y'all take requested.

My neighbor has satellite TV and has an exposed TV cable on his house xx feet long. I take cable TV, and I take an exposed wire 5 feet long. But the COC is belongings me in violation of a rule for having more than two anxiety of exposed wiring, and not taking any activity against my neighbor. Doesn't the COC accept to have fair enforcement of the rules?

Yes, the COC must show it is consistently enforcing a rule, otherwise, it could be deemed to have waived a rule, or it could exist engaging in improper bigotry. Withal, there is a proficient reason for the difference in your state of affairs. There is a Federal Communications Commission (FCC) regulation that prohibits unreasonable restrictions on an owner's right to install a satellite dish for TV reception anywhere on his private property, and as a result, the FCC has ruled that an association cannot enforce a dominion confronting exposed wiring unless it can bear witness that the exposed wiring is dangerous or unsafe. Only this law does non employ to cable Idiot box installations, so you have to obey the COC's rule.

I installed a security door on the rear of my house 7 years ago. I but got a notice from the COC telling me that security doors are not permitted in my neighborhood and that I have to take mine down or face up a fine. Oasis't they waived their rights after so long a fourth dimension?

No. If you lot installed the door without permission from your ARC, the rules can almost always be enforced, fifty-fifty if the violation has existed for a long time. The ARC might not have the right to try to impose fines on you going back 7 years, but as long as the rule remains in effect, they can enforce it prospectively, and accuse you fines from the day it's formally declared a violation.