The purpose of design review (or architectural control) is to keep the community attractive for the enjoyment of residents and to protect and preserve property values.  One of the single most important steps in organizing the process of design review is the development of a set of design guidelines.  The declaration of covenants typically contains design review authority and broad, general objectives.  These need to be supplemented and clarified by specific procedures and standards.  The design guidelines serve several purposes:  (1) assisting the homeowner in designing the proposed improvement; (2) informing the homeowner what improvements need approval and how to apply for approval; and (3) providing criteria for consistent decisions by the Design Review Committee and thus avoiding claims of selective or arbitrary enforcement.
 
The following is a checklist for evaluating your Design Review Guidelines.

1. Do your guidelines clearly describe the construction or exterior improvements, modifications or alterations which require the prior approval of the Design Review Committee?

 

2. Do your guidelines state in general terms the design objectives your association is seeking to accomplish and the criteria for approval as set forth in the declaration?

 

3. Do your guidelines detail the operations of the design review committee including such things as:  number of members, member qualifications and terms and recordkeeping procedures?

 

4. Do your guidelines detail the application procedure and include a standard application form?                                                 

 

5. Is the process for consideration of the application and communicating that decision spelled out in your guidelines?

 

6. Do your guidelines include a procedure for the homeowner to appeal a decision of the Design Review Committee to the Board of Directors?

 

7. Do your guidelines require that all construction be done by licensed contractors with appropriate liability and workers compensation insurance?

 

8. Do your guidelines require the homeowner to indemnify the association for any injuries or damage resulting from the construction or improvement?  

 

9. Do your guidelines require the owner to assume all responsibility for the maintenance and/or repair of any improvement being constructed on Common Elements?  

 

10. Do your guidelines address whether there is a basis for a variance from the guidelines and under what circumstances?  

 

11. Do your guidelines establish the various enforcement alternatives available to the association in the event of a violation of the guidelines (e.g., fines, injunctive relief via lawsuit)?  

An essential element of successful design review is the recognition by all members of the association that design review is a benefit and not a burden.  Homeowners will not voluntarily support design review unless the process is clearly understood and effective.  Well drafted “Design Review Guidelines” will result in substantial benefits to your community and its members.