Approving or Denying Architectural Requests Without Getting Sued

Architectural change requests — a new fence, a paint color, a shed, solar panels — are where a surprising number of HOA lawsuits start. Not because boards make the wrong call, but because they make it slowly, vaguely, or inconsistently. Get the process right and the outcome almost takes care of itself.

Decide against written criteria, not taste

Every decision should trace back to a published standard in your CC&Rs or architectural guidelines. "The board didn't like it" is indefensible; "it doesn't meet the setback in §5.2" is defensible. If your guidelines are vague, tighten them before the next dispute.

Respect the clock

Many governing documents — and some state laws — require a decision within a set window (often 30–60 days), and some say a request is automatically approved if the board misses the deadline. Missing that clock is one of the easiest and most expensive mistakes a board can make.

Put the decision in writing — including the reasons

Approve or deny in writing, and for denials, cite the specific standard the request failed to meet and how the owner could bring it into compliance. A denial with reasons is defensible; a one-word "denied" invites a challenge.

Watch the special cases

Some improvements have legal protection that overrides your guidelines — many states protect solar installations, and satellite dishes are governed by an FCC rule. Denying a protected improvement is a fast track to a lawsuit, so know these before you rule.

Be consistent

As with fines, approving one owner's tan fence and denying an identical one next door is selective enforcement — the same vulnerability, different context. Use the same criteria and process every time. When you notify the owner of the decision, our announcement and notice generator helps you send a clear, professional, reasons-included letter, and the minutes generator records the vote. For background, CAI has solid architectural-review guidance.

General information, not legal advice. Solar, flag, and antenna rules vary by state and federal law — confirm before denying.