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After the decisionLesson 30 of 32

Academy/Architectural Review

Unapproved modifications

Not every change built without a form is actually a violation, and not every silence is a denial. Learn to check both before you act.

An unapproved modification is exterior work an owner completed without getting the architectural approval the declaration actually requires for that category. Before treating a finished project as a violation, confirm two things: that the declaration gives the committee authority over that category at all, and that any response deadline the committee owed the owner had not already passed in the owner's favor. What happens after that is set by your declaration and your state, not by a general rule.

01

What actually makes a modification "unapproved"

A committee's power to call something unapproved comes from the same place all of its power comes from: the declaration. If the declaration is silent on a category of exterior change, or only implies it loosely, the committee's authority to treat a project in that category as a violation is, at minimum, contestable.

"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

This is Florida statutory language; whether your own state imposes the same limit is something to confirm directly against your state's statute and your recorded declaration before you write a violation letter. The first question is never "did they ask," it is "did the declaration require them to."

02

Silence is not always a denial, and it is not always a violation

A finished project with no paper trail can look like a clear case of "they never asked." Sometimes it is. Sometimes the owner asked, the committee sat on it, and the clock ran out in the owner's favor.

"If an application is not denied in writing within 45 days from the date of receipt... the application shall be deemed approved, unless that delay is the result of a reasonable request for additional information."

Source: California Civil Code Section 714, State of California

That is a California rule for solar water heating applications specifically; other categories, other states, and your own declaration may set a different deadline, a different consequence for silence, or none at all, so check the actual text that applies before assuming silence favors either side. Before you log a project as unapproved, check whether an application was ever filed and, if so, whether the committee's own deadline had already expired.

03

What happens next lives in your declaration, not in this lesson

Fines, a demand to remove the work, a lien: these are enforcement and collections tools, not architectural review tools, and this course does not teach their mechanics because they vary by declaration and by state far more than architectural review itself does. Your governing documents are the place to look for what the board can actually do about a genuinely unapproved change, and how.

Before reaching for any of them, check your own committee's conduct too. A board or committee is not automatically in the right just because it is the one enforcing.

"If the association or any architectural, construction improvement, or other such similar committee of the association should unreasonably, knowingly, and willfully infringe upon or impair the rights and privileges set forth in the declaration of covenants or other published guidelines and standards... the adversely affected parcel owner is entitled to recover damages caused by such infringement or impairment, including any costs and reasonable attorney fees."

Source: Florida Statutes Section 720.3035, State of Florida

That exposure runs under Florida's statute specifically; whether a similar remedy exists in your state is a question for your own state's statute and your association's counsel. Get the committee's own process right before treating the owner's process as the only thing in question.

Check yourself

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

An owner repaints their front door a bold color without submitting an application. The declaration's architectural section never mentions paint color. What is the board's strongest position?

A California homeowner installed a solar water heater. The committee never responded, and it is now day fifty since a complete application was submitted, with no request for more information sent. What is the status of the application?

A committee sat on an EV charger application for four months with no written response and no request for more information. The board now wants to fine the owner for installing it without approval. What should the board do first?

Sources

Architectural Review

Before you draft a violation letter, check what your declaration's own inspection and record-keeping sections require of the board first.

Whether a genuinely unapproved change can be fined, forced to be removed, or leads to a lien, how long the board has to act, and whether committee silence counts as approval, are all set by your declaration and your state, not by a general rule.