HOA Approval of Owner Modifications Should Require a Recordable Indemnification Agreement

Homeowners associations 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.