RECONSIDERATION OF
ARCHITECTURAL DISAPPROVALS

If an architectural submittal is disapproved by the architectural committee, the applicant is entitled to reconsideration by the board at an open meeting. Civil Code §1378(a)(5)

Reconsideration is not required if the decision was made by the board or a body that has the same membership as the board and if the decision was made at a meeting that satisfies the requirements of Civil Code §1363.05. Reconsideration by the board does not constitute dispute resolution within the meaning of Civil Code §1363.820.

Boards should consider establishing a reasonable time limit for appealing an architectural decision. If an owner fails to file an appeal within that time period, he/she loses the right to appeal. The appeals period should run from the time the written notice of disapproval was transmitted to the owner.

Updated by ADAMS KESSLER 7/15/2008