Timber frame construction can produce classic, beautiful structures that enhance the visual appeal of communities. However, when a community is managed by a Homeowners Association (HOA), it’s important to understand the rules and requirements of the HOA before you start building. You need HOA approval for the structure to avoid fines and possibly even the requirement to tear down what you just built.
As premier timber frame home builders, we have helped many clients navigate the HOA approval process and related community regulations. Read on to get valuable information about what leads to HOA rejections of timber frame projects, how to appeal rejections, and how to avoid rejection in the first place.
What Are the Most Common Reasons for HOA Approval Rejections and How Can These Be Avoided?
There are multiple reasons why an HOA can reject a proposal. Each HOA has covenants, conditions, and restrictions (CC&Rs) that establish what is allowed on properties within the community. If construction violates homeowners association guidelines, the HOA will take action to correct the problem. Since these actions can include pretty extreme measures, including requiring that you remove the structure, it’s advisable to adhere to the community’s rules.
Some of the most common reasons an HOA will reject timber frame projects include:
- Architectural standards: Many homeowners associations (HOAs) have architectural guidelines that specify aspects like color, style, and materials used in buildings. The goal of the standards is to ensure uniformity in the community. If your building plans include architectural features that don’t adhere to the community’s standards you can expect a rejection.
- Zoning and local regulations: The HOA is required to adhere to whatever local zoning and other regulations apply. If the HOA thinks that your building plans will result in a zoning violation or building code compliance issues, it will reject the proposal.
- Insurance: If the structure might cause an increase in the community’s insurance rates it will issue a rejection.
- Noise and other disturbances: The HOA considers the way that building projects might negatively impact those living in the community. If it thought that the construction of your structure would cause excessive noise or other disturbances, it could decide to reject the proposal.
- Safety: The HOA also maintains a role in keeping the community relatively safe. If the HOA thinks that the structure might create safety concerns, it could reject the proposal.
To successfully navigate the HOA approval process, you need to seek to avoid the above problems from the beginning. That’s why it’s so helpful to work with an experienced, professional builder.
The builder should ask you to obtain the CC&Rs of your community before they start designing the structure so they can adhere to things like the architectural standards of the HOA. Also, experienced professionals will know how to navigate things like zoning requirements and construction permits. They will also already have issues like safety covered as part of their work process.
What Steps Can I Take If My Timber Frame Project Proposal Is Denied?
HOA denials can happen, even if you are careful about your proposal. Fortunately, these denials can be appealed. Different HOAs have different appeal guidelines so you need to know the rules of your HOA to know how to structure your appeal.
With most HOAs, your appeal process will go something like this:
- Review the denial document so that you understand why the denial is happening and what to do next. Most HOAs will explain the process for appealing the denial in the document.
- Review your HOA guidelines, particularly the CC&Rs, the Design Standards, and/or the Architectural Guidelines. That way you know that you are following the exact rules and procedures.
- Prepare your appeal document, ideally with the help of your designer and/or builder. A detailed appeal should include everything necessary to present your case clearly, such as architectural drawings, color samples, material specifications, and anything else that demonstrates that your project adheres to HOA requirements.
- Submit the appeal according to the guidelines of the HOA. Make sure that you are submitting the appeal exactly as the HOA requires.
- Attend any meetings with the HOA and any other individuals involved. Showing up in person if possible is helpful because you can talk face to face with the board and they can see you as a person.
Keep in mind that throughout all of the appeal process, it’s best to try to keep a clear head. It can be very frustrating when you find yourself on the wrong end of the HOA approval process. Many people feel angry, which is completely understandable. However, when you want to get something from the HOA board, it’s always better to be nice if you can help it.
What Specific Documents and Information Are Required to Submit a Proposal for HOA Approval?
Each HOA is different, but most follow a fairly similar process to submit a proposal for approval. Typically, as part of the planning and prep for your project, you will need to submit the following documents and information:
- ARC Request Form: The Architectural Review Committee (ARC) form is usually the first form you need to submit. It covers the changes you are proposing.
- Site Plan: This is a plan, created to scale, that shows the proposed changes and demonstrates how the layout will impact the project.
- Application Form: The official application is usually provided by the HOA and includes details like the proposed renovation and your contact information.
- Architectural Drawings: If you are building something bigger, such as a home or an additional dwelling unit (ADU), you will probably need to submit official architectural drawings.
- Color and Material Samples: The HOA will want to see that the colors and materials you will use adhere to the overall look and feel of the community.
You may need to submit additional documents beyond those listed here.
Get Expert Advice on Timber Frame Projects from Hamill Creek
When you’re ready to collaborate with the industry’s finest, connect with our timber frame experts. Our extensive knowledge of timber framing, combined with our understanding of the regulatory landscapes, ensures a streamlined process for your project. We’re here to make your vision a reality.