The Architectural Review Committee (ARC) — sometimes called the Architectural Control Committee (ACC) — is the gatekeeper for all property modifications in the community. From fence replacements to room additions to solar panels, almost any visible exterior change requires ARC approval in most HOAs. When done well, the ARC process protects community aesthetics and property values. When done poorly, it generates more lawsuits than any other HOA function.
ARC Authority: Where Does It Come From?
ARC authority must come from the CC&Rs — it cannot be created by board resolution alone. The CC&Rs typically describe what requires approval (modifications to the exterior, structures, landscaping, fencing, etc.), who has approval authority (the ARC, or the board if no ARC), the application process, and what happens if the owner doesn't get approval before starting work. In California and Florida, the CC&Rs' ARC authority is supplemented by state statute.
The Five Elements of a Valid ARC Process
- 1Written application — owner submits plans, specifications, and a description of the work
- 2Complete architectural guidelines — the ARC must have written, pre-published standards to apply
- 3Review timeline — a specific number of days to approve, deny, or request more information
- 4Written decision — all approvals and denials must be in writing with the reason stated
- 5Appeals process — owner must have a way to appeal a denial to the full board
Review Timelines: How Long Does the ARC Have?
Many CC&Rs state that if the ARC does not respond within a set period (commonly 30–45 days), the application is deemed approved. This "deemed approved" provision can cause boards to inadvertently approve applications they never reviewed. Set a calendar reminder for every ARC application and respond in writing before the deadline.
How to Properly Deny an ARC Application
An ARC denial must: (1) be in writing; (2) identify the specific architectural guideline or CC&R section that the proposed modification violates; (3) explain specifically how the modification fails to meet the standard; and (4) describe what changes would make the application approvable. A denial that says only "does not meet community standards" will not survive a legal challenge. Courts have overturned dozens of ARC denials for lack of specific written justification.
ARC and Solar Panels: A Special Case
In 28+ states, the ARC cannot deny solar panel installations outright — the state solar access law prohibits it. The ARC can only regulate placement and aesthetics. Any denial of a solar application must be carefully reviewed against the state solar access law before it is issued.
Disclaimer: ARC authority comes from the CC&Rs, and ARC decisions can be challenged in court. This guide is for general informational purposes only. Consult a licensed HOA attorney before denying any significant ARC application.
This article is for general informational and educational purposes only. It does not constitute legal advice. HOA laws vary by state, and your association's specific CC&Rs and bylaws may create additional requirements. Always consult a licensed attorney in your state before taking legal or enforcement action. Full disclaimer →