Design standards

Standards fill in what the declaration allows

An architectural review committee, often called an ARC or ACC, does not have standing power to regulate anything it wants. Its authority to approve or deny a request comes from the declaration, either stated directly or reasonably implied. A design standard, the specific rule about materials, colors, dimensions, or placement, only counts as enforceable if it was adopted under guidelines the declaration itself authorized. If the declaration is silent on a category entirely, a standard the committee invented on its own is on shaky ground.

"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... 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

What a standard can require

Within that boundary, a design standard usually does one of two things. It sets a measurable specification, a maximum fence height, an approved paint palette, a required setback, or it sets a discretionary judgment, whether a design is compatible with the neighborhood. The first kind is an objective standard and the second is subjective; see Objective vs subjective standards for how that difference changes what an owner can contest. Either way, the standard has to trace back to the declaration's grant of authority, not to a preference the committee settled on last month.

What no standard can ban outright

Several states take entire categories off the table. A committee cannot ban these outright, no matter what its guidelines say, though it usually keeps real control over how each one looks and where it sits.

California, for one, voids any rule that blocks solar outright.

"Any covenant, restriction, or condition... that effectively prohibits or restricts the installation or use of a solar energy system is void."

Source: California Civil Code Section 714, State of California

Whether your state protects any of these categories, and what conditions the association may still impose on placement, screening, or cost, depends on your state's statute. Confirm before writing a guideline that assumes otherwise.

A standard has to be applied fairly, not just written fairly

Not every state has legislated a good faith standard for architectural decisions, but California has:

"A decision on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious."

Source: California Civil Code Section 4765, State of California

Even where no statute says so in as many words, a standard enforced against one owner and waived for a neighbor is the fastest way for a board to end up explaining itself to an attorney. See Review procedures and Denials for what a fair process looks like in practice.