Architectural review is where many homeowners feel most powerless: you submit plans for a remodel, a pool, or a new build, and the committee sits on it, says no without explanation, or keeps your security deposit long after the work is done. A.R.S. § 33-1817 puts real limits on that process — including a rule that approval “shall not unreasonably be withheld.”
Approval can’t be unreasonably withheld
“Approval of a construction project’s architectural designs, plans and amendments shall not unreasonably be withheld.” — § 33-1817(B)(3)
This is the sentence to remember. A committee can apply the community’s written design guidelines, but it cannot say “no” arbitrarily, indefinitely, or for reasons untethered to those guidelines. An unexplained or standardless denial is exactly what “unreasonably withheld” describes.
A board member must sit on the committee — and chair it
“Membership on a design review committee, an architectural committee or a committee that performs similar functions, however denominated, for the planned community shall include at least one member of the board of directors who shall serve as chairperson of the committee.” — § 33-1817(B)(1)
Architectural review can’t be quietly outsourced to a management company or an unaccountable subcommittee with no elected director involved. At least one board member must be on the committee and serve as its chair — a line of accountability back to the elected board.
If your HOA requires a construction security deposit
For new construction or a rebuild of the main residence in a community that has adopted design guidelines, if the association requires a security deposit to secure completion, § 33-1817(B)(2) dictates how it must be handled:
- Held in trust. The deposit goes into a trust account; the cost of the account is shared equally between the association and the member, and any interest earned becomes part of the deposit.
- A final design-approval meeting must be held, which you or your agent may attend; on approval, the association’s representative gives written acknowledgment that the approved plans comply with the rules in effect at the time.
- At least two on-site formal reviews during construction, which you or your agent may attend. Within five business days after each, the association must give you a written report of any deficiencies or unapproved variations.
- Deposit return. Within 30 business days after the second formal review, the association must give you a written report. If it lists no deficiencies, the association must promptly release your deposit. If it identifies deficiencies, the association may hold the deposit for up to 180 days or until it receives a compliance report — whichever is less.
A note on declaration amendments
Section 33-1817(A) also governs how the declaration itself is amended: outside the period of declarant control, it takes the affirmative vote or written consent specified in the declaration, the amendment must be recorded within 30 days of adoption, and it becomes effective immediately on recordation. If your HOA claims an architectural rule flows from a declaration amendment, that amendment has to have been adopted and recorded the way this section requires.
What to do when review stalls or a denial seems arbitrary
- Get the denial in writing, with reasons tied to the guidelines. “Unreasonably withheld” is measured against the community’s written standards — a denial that cites none is vulnerable.
- Confirm the committee is properly constituted — at least one board member, serving as chair.
- Track the deposit deadlines. Note the dates of your formal reviews and hold the association to the five-business-day and 30-business-day report requirements.
- Request records. Committee minutes and your submittal file are records you can examine under § 33-1805.
- Escalate. An unreasonably withheld approval or a deposit held past the statutory deadlines can be raised in an ADRE petition.