Below is a helpful tip from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding . . .
Can the HOA make architectural changes without homeowner approvals?
QUESTION: I purchased my condo four years ago. I liked the wood front doors. The president passed a rule that everyone replace their front doors with a fiberglass door with windows. I did not want windows in my door and they are charging $1,800 for the new door. This is changing the look, which is why I purchased my home in the first place. Is this legal?
ANSWER: Yes, it’s legal. Maintenance and architectural decisions are primary functions of an association. Your CC&Rs probably devote a fair amount of ink to both topics.
Board Decision. It is unlikely the president is doing this by himself. One director cannot pass rules or impose assessments. Most boards I work with have a committee recommend aesthetic changes, give notice of the proposed changes, and invite comments before submitting a project such as you describe to the board for approval.
Cost Approval. The $1,800 price tag you mentioned also indicates full board involvement. The president does not have the authority to require members to pay $1,800 to change their door. Fellow board members would be required to approve the project and its cost.
OBSERVATION: When it comes to aesthetics, it is impossible to please everyone. As the Court of Appeals noted, beauty is in the eye of the beholder. (Clark v. Rancho Santa Fe.) A door style you love, others will object to and vice versa. In the scores of redecorating projects I’ve been involved in, I’ve never had one where every person was happy with the outcome. We always had critics of paint colors, carpet selection, artwork and cost. The California Supreme court observed that “anyone who buys a unit in a common interest development with knowledge of its owners association’s discretionary power accepts the risk that the power may be used in a way that benefits the commonality but harms the individual.” (Nahrstedt v. Lakeside Village.)
For more knowledgeable information regarding the business of HOA’s, visit: The Davis-Stirling.com Newsletter
