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Each Owner wishing to make any alterations to the interior unit that affect bearing walls or common walls, the ceiling, floors or roofs, or the exterior of their unit, or in the common area, must obtain from the Board the form for making an application to do so. (CC&Rs, _______________) No such alterations are approved without submittal of an application and approval given in writing by the Architectural Committee and/or the Board.
1. The Architectural Committee (AC) shall review the plans requesting the changes to the unit or exterior within 30 days of submittal and within that time, provide a recommendation for approval or disapproval to the Board. If more information is needed, the AC shall ask for it. The Board shall take up the matter at its next scheduled board meeting, and the Owner shall be invited to attend.
2. Decisions on a proposed change shall be made in good faith and may not be unreasonable, arbitrary, or capricious.
3.A decision on a proposed change shall be consistent with any governing provision of law, including, but not limited to, the Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code.
4. A decision on a proposed change shall be in writing. If a proposed change is disapproved, the written decision shall include both an explanation of why the proposed change is disapproved and a description of the procedure for reconsideration of the decision by the board of directors.
5. If a proposed change is disapproved by the AC, and the Board has not yet acted, the applicant is entitled to seek reconsideration by the board of directors, at an open meeting of the Board. This paragraph does not require reconsideration of a decision that is made by the board of directors or a body that has the same membership as the board of directors. The open meeting must satisfy the requirements of the Common Interest Development Open Meetings Act found at Civil Code Section 1363.05. Reconsideration by the board does not constitute dispute resolution within the meaning of Section 1363.820.The Board may request that the Owner meet in an internal dispute resolution meeting pursuant to Section 1363.820.
6. Nothing in this section authorizes a physical change to the common area in a manner that is inconsistent with an association's governing documents or governing law.
7. The association shall annually provide members with this or any modified notice of requirements for association approval of physical changes to property.
An Association that has architectural requirements in the governing documents is required to circulate a policy that sets forth the practices and procedures. The above are the minimum requirements. Information from the CC&Rs should be incorporated. To the extent any of the information in the policy is "discretionary" rather than carried over specifically from the CC&Rs, the policy requires circulation to members before approval by the board in the same manner as operating rules.
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