HOA Approval of Owner Modifications Should Require a Recordable Indemnification Agreement

HOA Approval of Owner Modifications are frequently requested to approve modifications that are desired by owners of separate interests within the association. The approval of modifications is generally a function of the association’s architectural review committee and/or the board of directors. State laws and/or governing documents (generally the CC&Rs) typically contain provisions that provide for the granting of approval subject to conditions. Thus, before even considering an owner’s request for a modification, the people who are responsible for evaluating the request need to be familiar with and understand what their state laws and association’s governing documents require relative to such requests.