Overview
Understanding the role that an Architectural Review Committee (ARC) plays in a California HOA can be very confusing. For one thing, such committees are not always called ARCs. Sometimes you’ll see the term Architectural Control Committee (ACC), and sometimes you might see a committee called the Design Review Committee (DRC). But those terms are interchangeable, and in practice they mean the exact same thing. Indeed, regardless of the label, ARCs, ACCs, or DRCs must follow the same requirements set forth in Civil Code 4765. Such committees review, recommend, and administer architectural approval procedures, but they do not issue fines or impose discipline.
This Fact Sheet explains how architectural committees are created, what authority they actually have, why some HOAs use them and others do not, and what rights California homeowners have when seeking architectural approval.
For a quick-guide on architectural approvals, see my Fact Sheet, “California HOA Architectural Approvals: What Civil Code 4765 Really Requires,” and “California HOA Architectural Guidelines: What Boards Can and Can’t Control.”
Or, if you want to take a deeper dive into this topic, see my full article on “Can a California HOA Deny Your Remodel? What the Law Actually Says About Architectural Approvals.”
If you’d prefer to watch an episode of my hit podcast, HOA HELL, relating to architectural approvals, you can watch “HOA Architectural Guidelines: What Homeowners Can (and Can’t) Do (Without Getting Denied)” on YouTube, or listen to that episode wherever you listen to your favorite podcasts (e.g., Spotify, Amazon, iTunes, etc.).
Key Points
Architectural committees in California HOAs exist to review proposed architectural modifications and to administer the architectural approval process. The following key points explain how ARCs are formed, what they can and cannot do, and what rights you, as an HOA member, have under Civil Code 4765.
- Architectural committees must be authorized by the governing documents. An ARC, ACC, or DRC has no legal authority unless the CC&Rs or Bylaws authorize its existence or allow the board to create one. If the governing documents do not provide such authority, architectural decisions must be made by the board directly.
- Architectural committees must be properly appointed. Even when the CC&Rs or Bylaws authorize the formation of an ARC, your HOA board must formally appoint the committee members. [There is a relatively rare exception to that, and that’s when an HOA’s CC&Rs or Bylaws require the members of the ARC to be elected by the membership.] Many HOAs don’t rely on ARCs at all, sometimes because they do not have enough volunteers willing to serve, or the board prefers to control architectural decisions itself, or the HOA is too small to warrant such a step.
- ARC, ACC, and DRC are synonymous terms. Some HOAs use different names for their architectural committees, but unless the governing documents assign different responsibilities, these labels describe the same function. All such committees are governed by Civil Code 4765.
- Architectural committee meetings must comply with the Open Meeting Act. When an ARC is composed of a quorum of directors or is delegated any board authority, it becomes a committee of the board, and thus is subject to the Open Meeting Act (Civil Code 4900 et seq.). Under Civil Code 4900 et seq., the Open Meeting Act applies not only to board meetings but also to meetings of committees that exercise the authority of the board. Civil Code 4920 and 4930 require advance notice and posted agendas, and Civil Code 4925 gives homeowners the right to attend and observe these meetings. Corporations Code 7212 confirms that committees may exercise only the authority delegated to them by the board. When an ARC has delegated approval authority, it must follow the same notice, agenda, and open meeting requirements that apply to all board meetings. If you’d like to see a quick-guide on the Open Meeting Act, read my Fact Sheet “What to Do When Your HOA Violates California’s Open Meeting Act.”
- Architectural committees do not “enforce” rules. Precision in language matters, especially when talking about the law. Some attorneys, however, are sloppy in their word choices, and this leads to misleading statements about the law. Contrary to what one such self-styled HOA “thought leader” has written, architectural committees do not “enforce” architectural standards. They only review applications and make recommendations. Enforcement belongs exclusively to the board.
- ARC decisions must follow Civil Code 4765. All architectural decisions must be fair, reasonable, and expeditious, and they may not be arbitrary or capricious. Civil Code 4765 requires the association to issue a written decision that explains the basis for the approval or denial and identify the provision(s) of the governing documents relied upon. These principles mean that an HOA must remain anchored to its governing documents at all times. When a committee relies on unwritten preferences, inconsistent interpretations, or shifting standards, its decisions become legally vulnerable under Civil Code 4765. To be clear, therefore, a decision is:
- Arbitrary when it is made without reference to the standards in the governing documents or when the committee applies personal preference rather than written criteria.
- Capricious when the HOA treats similar applications differently without a legitimate justification or when the decision lacks any rational connection to the architectural standards.
- Unreasonable when the decision imposes requirements that do not appear anywhere in the governing documents, contradict established standards, or ignore evidence the homeowner provided.
- Homeowners are entitled to board reconsideration (i.e., an appeal). If an ARC denies an application and the ARC does not consist of a quorum of directors, the homeowner may request that the full board reconsider the decision at an open meeting. This protects the homeowner’s right to a board-level review.
- HOAs must apply standards consistently. Selective enforcement is illegal. If similarly situated owners received approval for comparable improvements, the HOA cannot deny your request without a valid distinction supported by the governing documents. If you’d like to read an article that I wrote on how to challenge selective enforcement in your HOA, you can click on “Selective Enforcement in California HOAs: What It Is and How Homeowners Can Fight Back.”
- Auto-approval depends entirely on the governing documents. Many governing documents contain clauses stating that if the HOA does not respond to a completed application within a specified number of days, the request is automatically deemed approved. Courts generally enforce these clauses as written. This means that if the HOA fails to approve or deny your completed application within the requisite number of days, your plans are automatically deemed approved, and you may move forward as if you received full approval from your board.
- Civil Code 4765 applies regardless of the committee name or structure. Whether architectural review is handled by an ARC, ACC, DRC, or the board itself, the same statutory requirements apply.
- Homeowners retain specific procedural rights. Civil Code 4765 protects your right to a fair, timely, and consistent review process. Written decisions, reasonable standards, and the opportunity for reconsideration are all mandatory parts of the architectural approval framework in California.
The architectural review process in California HOAs is intended to be fair and expeditious. Since many HOAs form ARCs to handle architectural applications, it’s important for homeowners to understand how the process works. And once you understand how committees are formed, what limits apply to their authority, and what rights you have under Civil Code 4765, you’re in a better position to evaluate architectural decisions clearly and respond with confidence.
FAQs
Is there a difference between an ARC, ACC, and DRC?
No. These terms are used interchangeably in California HOAs. Unless the CC&Rs or Bylaws assign different responsibilities, each refers to an architectural committee that reviews applications under Civil Code 4765. All have the same legal duties, and none have enforcement authority.
Can an architectural committee enforce rules or issue fines?
No. Only the HOA board may impose fines or discipline. Architectural committees review applications and administer the architectural approval process, but they cannot enforce compliance or take disciplinary action.
Can I appeal an ARC denial?
Yes. If the ARC does not consist of a quorum of directors, you are legally entitled to demand reconsideration by the full board at an open meeting. Only when the ARC itself consists of a quorum of the board is your right to reconsideration considered legally unnecessary. The reason for that makes since. After all, if the ARC contains a enough board members to constitute a quorum of the board, then by definition the ARC’s decision already constitutes a valid board decision. Remember, all ARC meetings must follow the same requirements as any open meetings (e.g., there must be an agenda, notice, and minutes kept, and homeowners may attend to observe the ARC meetings).
What happens if my HOA does not respond to my architectural application?
It depends on your CC&Rs. Many CC&Rs include deemed approved clauses stating that failure to respond within a stated number of days results in automatic approval. Courts generally enforce these clauses as written. When such clauses exist, non-response may result in approval even if the plans would have been denied had the HOA acted on time. Even if your HOA’s governing documents do not include an auto-approval provision, Civil Code 4765 still requires that your HOA act expeditiously (i.e., within a reasonable period of time), and thus unreasonably long delays are actionable.
Does the ARC have to give me a written decision?
Yes. Civil Code 4765 requires a written decision that explains the reasons for the approval or denial and identifies the governing document provisions that apply. Vague statements about “community aesthetics” are not sufficient, and verbal decisions are never permissible.
Why do some HOAs use architectural committees while others do not?
Some HOAs rely on ARCs because their CC&Rs require one or because the board prefers to delegate initial review to volunteer members. Other HOAs avoid committees because they lack volunteers or because the board chooses to retain full control over architectural decisions. Regardless of the structure, Civil Code 4765 governs all architectural review.
About MBK Chapman Fact Sheets
Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.
At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.
Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.
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