Architectural Review Nightmares: When Approvals Go Wrong

The architectural review committee (ARC) is one of the most litigated functions of an HOA. A single inconsistent approval can unravel the board's credibility and trigger a discrimination claim.

Where It Goes Wrong

• No written standards — approvals are based on "how it looks" rather than published guidelines.
• Inconsistent decisions — one homeowner's fence is approved, a neighbor's identical fence is denied.
• No timeline enforcement — applications sit for weeks, frustrating homeowners and violating state-mandated response deadlines.
• No documentation — there's no record of why a request was approved or denied.
• Selective enforcement — the board enforces architectural rules against some owners but not others.

The Legal Exposure

When architectural decisions are arbitrary or inconsistent, homeowners can claim:

• Selective enforcement — the board applies rules differently to different people.
• Breach of fiduciary duty — failing to follow the community's own governing documents.
• Discrimination — disparate treatment under the Fair Housing Act.

Even if the board didn't intend discrimination, the lack of documented, consistent standards makes these claims difficult to defend.

How to Fix the Process

1. Publish clear architectural guidelines — don't rely on subjective judgment.
2. Use a standardized application form with all required information.
3. Set and meet response deadlines — most states require a decision within 30-60 days.
4. Document every decision — approved, denied, or conditionally approved with written rationale.
5. Treat every application identically — the same criteria apply regardless of who is asking.