Architectural review checklist
Most architectural disputes are not caused by hard judgment calls. They are caused by an incomplete application, a missed deadline, or a decision nobody wrote down.
A reference for boards, committees and community managers · general information, not legal advice
Before the committee sees it
The applicant is the owner of recordTenants and contractors submit constantly. Confirm against the lot, not the name on the email.
Dimensions, materials and colours are statedThe commonest cause of delay. “A fence” is not reviewable; “six-foot cedar board-on-board” is.
A site plan shows placementWhere on the lot, relative to property lines. A plat excerpt with the improvement drawn on it is enough.
The response clock is recordedNote the date received and the deadline the declaration sets — and whether silence means approval or denial in that document.
Against the documents
The committee has authority over this improvementFind the clause. If the declaration does not reach paint, or landscaping, the committee cannot invent jurisdiction.
Every applicable provision is identified, not just the obvious oneA fence request usually touches height, materials, setbacks and easements — four provisions, not one.
Setbacks and easements are checked against the platUtility and drainage easements defeat more improvements than aesthetic rules do.
Referenced exhibits are actually in handDeclarations often push specifications into an exhibit. Without it, height and material cannot be verified at all.
Statutory overrides are consideredSolar, satellite dishes, flags and rental restrictions are areas where state law may override covenant language.
Against your own precedent
Comparable prior decisions have been reviewedIf the committee approved this in 2022, denying it now needs a reason that distinguishes the lot — not a different board.
Any variance rests on a condition, not a preference“The lot abuts a highway sound buffer” is a distinguishing condition. “The owner was persuasive” is not.
The rules cited were in force when the comparison was decidedPrecedent decided under a superseded declaration has to be read against that version.
Recording the decision
A written reason names the provision“Denied under Article XI, Section 11.2 — height exceeds the Exhibit H specification”. Not “does not fit the community”.
Conditions are specific and verifiable“Evergreen screening on the common-area side, maintained annually by the owner” can be enforced. “Appropriate landscaping” cannot.
The vote and date are minutedIncluding who abstained and why, where a member has an interest in the outcome.
The owner is notified within the response windowIn writing, with the reason. A correct decision delivered late can still fail.
The three failures worth designing against
Silence. Where a declaration deems an unanswered request approved, an administrative lapse hands the owner a permanent right. Where it deems it denied, the owner simply reapplies. Know which one your document says before you need to.
Inconsistency. Selective enforcement is the most common successful challenge to an architectural decision. The defence is a record showing like cases treated alike.
Amnesia. Boards turn over every year or two. Without a written record tied to the provisions in force at the time, each new committee starts from nothing and contradicts its predecessors without knowing it.