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How Same is Same...
(Where Does an Association Begin)
Since the post-World War II housing boom, pre-fabricated, mass built, multi-unit subdivisions began popping up across the country.
As the popularity of row-style townhomes, coach houses, mid-rise and high-rise condominiums proliferated, the world of "architectural control" was born.
In some areas of the country (the "Sun Belt" comes to mind), identical houses colored from the same paint box can run for blocks and even miles on end. Although seemingly a suburban phenomenon, urbanologists who defined the term "megalopolis" in the 60s envisioned a Greater Chicago-Milwaukee Metropolitan area with everything built between the two city centers looking identical.
There are many people who prefer to live in a community where one house looks no different than the next. This creates a stronger sense of community in some minds and just like parochial school, or the military, it erases economic or sociological differences. The retiree with one-million in retirement assets lives in a house identical to someone who lives from one social security check to the next.
One of the biggest conflicts for residents of large multi-unit communities is the establishment and enforcement of community standards governing architectural control. Fences, hot tubs, swimming pools, planters, satellite dishes, etc. – the list is endless and it is probably the single largest source of association-related litigation. Sometimes a community with a clearly defined sense of self and a specific set of architectural guidelines finds itself faced with the dilemma of still not knowing what it wants, or doesn’t want because some owner constructs something that no one ever thought of...
The entire debate centers on what people want to allow in their community. An association that wants to keep strict control over its appearance will have to establish some type of "aesthetic police" to identify variations and report them to the board.
Even though associations should really be self-policing over rule infractions, many owners do not want to get involved. As a result, the board is then hampered with dealing with the astro-turf glued onto the balcony that they only found out about six months after its installation.
The question arises as to how a community defines itself long after the developer turns over control. How does a board cope with maintaining or even changing community standards as to appearance?
Starting from the beginning of a newly formed association, the board should consider the following approach as a starting point. Thereafter, from time to time this outline should be revisited to keep the rules up to date and consistent with the desires and wants of the membership.
- Philosophy – How strict or how liberal is the policy going to be? There is no right answer, but many wrong ones. Architectural control guidelines should be initially established with member input.
- Communication – A town meeting-type format or written survey could be a way to obtain member input. The board of directors will ultimately make the final decision, but this area, more than any other, requires open lines of communication between the board and the members.
- Do’s and Don’ts – What items permit license for individual expression? (Maybe gnomes on the front lawn are the order of the day.) What areas need to be strictly controlled? For example, a no-fence community is not going to allow exceptions.
- Control – Who is responsible for reporting what to who? Is there a committee? Are there inspections of lots? Is there a property manager? Is the municipality cooperative, etc.? Whoever does the reporting, the communication, the adjudication and the enforcement must follow fair, objective and uniformly enforced standards.
- Enforcement – Lastly, community members must periodically be made aware that if a violation exists, it should be reported, notice will be sent, a hearing will be convened and there will be consequences for violating the community charter; whether it is a slap on the wrist letter, fines, all the way up to court enforcement.
The end result will be a community whose members share the same goals and taste about what the development looks like and how it is to be viewed by outsiders.