gated by their governing documents to ensure that the general scheme of the community is maintained in order to protect the value, attractiveness and de- sirability of the homes. Although taste may be subjective, this doesn’t mean that architectural review committees can be inconsistent and arbitrary in en- forcing the association’s architectural
12 | January / February 2018
YOU WANT TO BUILD WHAT?! B
EXPERT FEES AND THE ARCHITECTURAL REVIEW PROCESS By Nathan Bettenhausen, Esq.
eautiful communities sell homes. Terefore, it should come as no surprise that many associations are obli-
guidelines. But since most of us can’t tell the difference between Tudor Re- vival and Edwardian Craftsman, we of- ten need expert consultants to develop guidelines and to review complex archi- tectural plans. Professionals, however, don’t come cheap.
In order to defray the costs of profes- sional services, a well-run associa- tion will have duly adopted rules and guidelines outlining the architectural review process and provide a schedule
for architectural review fees. Since asso- ciations cannot charge homeowners fees that exceed the amount necessary to de- fray the costs associated with the review process (See Civil Code Section 5600, associations should make a reasonable, good faith estimate when crafting the fee schedule.) Ideally, the expert con- sultant would be involved in identify- ing submittal categories (i.e., new con- struction, remodels/additions, painting, window replacements, etc.) and the cost that would likely be associated with each
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