Can an HOA architectural committee deny anything it wants?

No. Its authority has to trace to the declaration, either stated directly or reasonably inferred, and in states with an architectural review statute, the committee must also follow that state's procedural rules where the statute applies to that community.

Where does an ARC or ACC get its authority?

From the recorded declaration (CC&Rs), or from published guidelines that the declaration specifically authorizes. A committee cannot create authority for itself that the declaration never granted.

What happens if the declaration does not mention something, like a shed or a setback?

The committee's power to regulate it is contestable. In some cases, like setbacks in Florida when the declaration is silent, a specific outside rule, such as the local government's setback limit, fills the gap instead of the committee's own preference.

The rules that govern the rulesLesson 2 of 32

Academy/Architectural Review

Architectural-review authority

Your ARC or ACC does not have built-in power. It has whatever power your declaration gave it, and no more.

An ARC or ACC has no power of its own. Its authority to review paint colors, fences, or additions comes entirely from the declaration, whether stated outright or reasonably implied. If the declaration is silent on a category, the committee's power to regulate it is contestable, no matter what the committee's own rules say.

The committee's power starts with the declaration, not with itself

A common assumption on new boards is that the architectural review committee can decide whatever it wants about the exterior of a home. It cannot. Its authority has to trace back to the recorded declaration, either because the declaration says so directly, or because that authority can reasonably be inferred from what the declaration already covers.

"The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel... shall be permitted only to the extent that the authority is specifically stated or reasonably inferred as to such location, size, type, or appearance in the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants."

Source: Florida Statutes Section 720.3035, State of Florida

Practically, that means every denial should be traceable to a specific line in the declaration or in guidelines the declaration actually authorizes, not to a committee member's personal taste. Whether a court would say your committee's specific authority is "reasonably inferred" is a fact question that depends on your declaration's exact wording. Check your own declaration before assuming the committee's reach.

When the declaration is silent, authority does not default to the board

A silent declaration is not a blank check for the committee. In Florida, if the declaration sets no specific setback rule for where a structure can sit, the local government's setback rule controls, not whatever number the committee prefers.

"When the declaration of covenants or other published guidelines and standards authorized by the declaration of covenants do not provide for specific setback limitations, the applicable county or municipal setback limitations shall apply, and neither the association nor any architectural, construction improvement, or other such similar committee of the association shall enforce or attempt to enforce any setback limitation that is inconsistent with the applicable county or municipal standard."

Source: Florida Statutes Section 720.3035, State of Florida

This is one example of a broader pattern: federal law, then applicable state statute, then the declaration, then any published guidelines the declaration authorizes, and only then board or committee discretion, filling whatever gap is left. California pushes on that last layer directly, requiring that "a decision on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious." Whether your state imposes a good faith or non-arbitrary standard on committee decisions, and what fills a gap your declaration leaves open, varies by state and by your governing documents.

A state oversight statute does not automatically cover your community

Even where a state has passed a law governing architectural review, that law may not reach your specific community. Texas Property Code Section 209.00505 governs architectural review authority, but by its own terms it applies only to subdivisions with more than 40 lots, and it does not apply during a development period or while the declarant still controls or holds veto rights over architectural review.

So a board relying on a state statute's procedural protections, such as a written denial or a right to appeal, should first confirm the statute actually applies to a community its size and at its stage of development. Whether your state has an architectural review authority statute at all, and what size or stage thresholds apply, varies by state. Check your state's statute and your declarant control status before assuming a specific procedure applies.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

A committee's declaration says nothing about accessory storage sheds, but the committee denies a shed application anyway, citing its own internal guidelines. What is the owner's strongest argument?

A Florida declaration sets no specific setback rule for a rear patio addition. The committee tries to enforce a stricter setback than the city allows. What controls?

A 25-lot subdivision in Texas has a committee that denies an application. The owner cites Section 209.00505's written-notice and hearing requirements. What should the board check first?

Sources

Florida Statutes Section 720.3035, State of Florida
California Civil Code Section 4765, State of California
Texas Property Code Section 209.00505, State of Texas

Architectural Review

Next, learn exactly what your ARC or ACC can and cannot ask an owner to submit.

Whether your state has passed an architectural review authority statute, what size or type of community it covers, and what fills the gaps your declaration leaves open, all vary by state and by your governing documents.

Not legal advice

totalHOA Academy is intended to provide general educational information and a practical starting point for understanding community association governance and operations. While we aim to provide useful and accurate information, we do not guarantee that every article is complete, current, or applicable to your specific association or situation.

Nothing in the Academy should be considered legal, financial, tax, accounting, or other professional advice. Laws vary by state, and your association's declaration, CC&Rs, bylaws, rules, policies, and other governing documents may impose different requirements.

Use the information in the Academy at your own discretion. Before making decisions that affect your association, its owners, finances, legal rights, or obligations, review your governing documents and consult an attorney, accountant, or other qualified professional when appropriate.