The ARC request HOA process can be a source of conflict and confusion for homeowners. To streamline operations and prevent problems, associations must ensure that the procedures and requirements are clear and consistent. There are several strategies boards can use to improve the overall process.
What is an ARC Request for HOA?
Homeowners associations strictly control the appearance of home exteriors. The goal is to maintain a uniform look that aligns with the community’s aesthetic standards. One of the ways HOAs do this is by implementing an architectural review committee (ARC) process, also known as ARC requests.
The process involves homeowners submitting applications, along with supporting documents, to the Architectural Review Committee. This committee then examines the application, determines if it complies with architectural guidelines, and issues a decision or recommendation to the board.
When an owner makes an exterior change without ARC approval, they may face a range of penalties. The HOA board can even compel the owner to reverse the change at their own expense. The owner must then go through the proper channels to obtain approval before making the modification again.
Who Reviews an ARC Request in HOA Communities?
In an HOA or condo association, ARC requests fall to the board or to a separate Architectural Review Committee. Smaller communities don’t receive many requests, so the board can usually handle those on its own.
On the other hand, larger communities with hundreds of homes or units often require assistance from a designated committee. This committee assists the board by sharing the workload. Depending on the governing documents, the committee either has decision-making power or only makes recommendations to the board.
How to Improve the ARC Request HOA Process
The ARC approval process generally follows a few simple steps:
- A homeowner completes and submits an application
- The Architecture Review Committee reviews the application
- A decision is made based on whether the application aligns with architectural standards
While the procedure seems streamlined enough, many things can go wrong along the way. To improve the ARC request HOA process, associations can adopt certain strategies:
1. Ensure Guidelines are Fair and Consistent
First, the association must make sure that its architectural guidelines are fair and consistently enforced. Simple and clear language is preferred. It is best to avoid vague terms, such as “pleasing to the eye” or “unappealing,” as they can be interpreted in different ways depending on who’s reading them.
2. Standardize the ARC Request Form HOA
It’s hard enough to sort through countless requests, but without a standard format, the job can be even more taxing. To resolve this issue, an association should formalize its application form so that everyone provides the same kind of information.
Forms should ask for detailed descriptions, contractor information, and project plans. It also helps establish a completion timeline (start and end dates). With a standard application form, homeowners aren’t left to figure things out on their own.
3. Specify Supporting Documents
Most ARC requests rely on visual plans and quantifiable measurements. The association should specify in clear language which supporting documents owners must submit. These include survey plans with modification marks, color samples, and material specifications. With these in hand, the committee will have an easier time evaluating proposals.
4. Ask for Neighbor Acknowledgment
Boards should consider asking homeowners to provide an acknowledgment from neighbors. This is particularly important if the architectural change will involve construction or any kind of disruption.
Signatures from neighboring owners will show that they are aware of the project and have no qualms with it. This will also help minimize noise, traffic, or odor complaints.
5. Review Requests Objectively
Once requests have been received, the Architecture Review Committee must review each one with an unbiased eye. If the request complies with community standards, there should be no reason to deny it.
6. Stick to a Deadline
Homeowners expect a response after submitting an ARC request. While instant responses aren’t typically required, associations should try to stay within a reasonable timeline. Delaying the process will only aggravate homeowners.
The timeline for providing a written response is usually 30 days after receipt of the request. That said, it ultimately depends on the governing documents. Even without a deadline, HOAs shouldn’t keep owners waiting too long.
In Maryland, there is no law that specifically sets a maximum review timeline. It also does not require an automatic approval if the committee fails to respond.
7. Allow Homeowners to Appeal Decisions
Sometimes, the association will reject or deny an ARC request. There are several possible reasons, including noncompliance with community standards and incomplete submissions.
Associations should be considerate of owners and give them a chance to appeal decisions. More often than not, they were simply unaware of the rules or unintentionally missed a few documents. An appeal allows them to submit complete documentation or redo the application to align with the architectural guidelines.
8. Monitor for Compliance
Work does not end after issuing an approval or denial of an ARC request. The Architectural Committee must monitor projects to ensure they comply with the approved specifications and timelines. A few bad eggs may only submit applications that they know will secure them a green light, only to turn around and make unapproved changes.
Additionally, the committee must also regularly inspect the neighborhood for unauthorized modifications. Some owners don’t even bother to go through the entire approval process, instead proceeding with changes and hoping to get away with them.
When the committee identifies a violation, it must follow the proper enforcement procedures. This includes providing written notice and an opportunity to be heard (Section 11B-111.10). The association may only impose a penalty if it adheres to the requirements.
9. Educate Homeowners
While ignorance is no excuse, a little consideration can go a long way. Homeowners have professional and personal lives to attend to, so they may not be aware of the ARC requirements.
To ensure owners are aware, associations should regularly educate them. Sending out simple reminders via email or social media can make a huge difference. Architectural guidelines can also be a mainstay in monthly or quarterly newsletters.
An Enhanced ARC Request HOA Process
Leaving the ARC request process up to the owners is like taking a shot in the dark. It yields mixed results, often making life more difficult for board or committee members. To ensure consistency and transparency, implementing the above strategies is the first real step.
Majerle Management, Inc. provides management services to HOAs and condo associations in Maryland. Call us today at (301) 220-1850 or contact us online to get started!
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