A board may adopt, amend, cancel and enforce the "design criteria" of the association, and the owners may veto the design criteria or the enforcement of the design criteria. The question then is are design criteria a governing document separate from the declaration or rules, or may design criteria and design provisions be contained within the declaration and rules (or on their own), and does the right of the board to change design criteria and the right of owners to override the board, including enforcement actions, extend to the design criteria contained in the declaration?
Does the law authorize a board to adopt or change design criteria that restrict the structures or landscaping that may be placed on a lot, or the design, materials, colors, or plants that may be used, when authority to do so is not in the CC&Rs? No (except to the extent the item or activity is unreasonable or creates unsightly conditions visible from outside the dwelling. See Index, rules, "Can rules restrict individual lots/units or what goes on in a home?"
Members Area. This resource is available to members. Join us by subscribing today!
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)