Architectural standards (aka “architectural guidelines, “design standards,” etc.) set forth an association’s policies and procedures regulating a homeowner’s ability to make architectural improvements and modifications to the homeowner’s separate interest, as well as to common area and exclusive use common area. Architectural standards are operating rules which may impose additional architectural restrictions beyond those contained in an association’s CC&Rs, provided that there is empowering language in the CC&Rs to that effect. (Bear Creek Planning Committee v. Ferwerda (2011) 193 Cal.App.4th 1178.) An architectural standard may not be used to circumvent a contradictory provision contained in the CC&Rs (Ekstrom v. Marquesa at Monarch Beach HOA (2008) 168 Cal.App.4th 1111), but may be used to clarify ambiguous CC&R provisions. (Rancho Santa Fe Assn. v. Dolan-King (2004) 115 Cal.App.4th 28.)

Architectural standards often regulate exterior design elements such as paint colors, exterior finishes, and landscaping materials. Architectural standards often establish the procedure through which a homeowner may obtain the association’s approval for desired architectural improvements and modifications. (See “Architectural Application & Approval Process.”)

An association’s authority to establish and enforce architectural standards is premised upon the impact that aesthetics have on the property values of the association’s members:

“Maintaining a consistent and harmonious neighborhood, one that is architecturally and artistically pleasing, confers a benefit on the homeowners by maintaining the value of their properties.” (Dolan-King v. Rancho Santa Fe Assn. (2000) 81 Cal.App.4th 965, 976.)

Preserving “the aesthetic quality and property values within the community” is recognized by courts as an “important function” of an association. (Cohen v. Kite Hill Community Assn. (1983) 142 Cal.App.3d 642, 648.)

Adoption & Amendment
Architectural standards are a component of an association’s operating rules that are adopted and amended by the board of directors. (Civ. Code § 4355(a)(2),(6).) The board must therefore comply with the procedural requirements under Civil Code Section 4360 when adopting or amending architectural standards (i.e., providing the membership with thirty (30) days notice of a proposed change to the architectural standards). (See “Adopting & Amending Operating Rules.”)

Administered by Architectural Committee
The responsibility for administering an association’s architectural standards (i.e., reviewing a member’s architectural application) is often delegated to an “architectural committee” that is separate from the board. Modern sets of governing documents contain provisions requiring an architectural committee and further regulating its duties and responsibilities. (See “Architectural Committee” and “Architectural Application & Approval Process.”)

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