HOA Approvals vs. City Permits: Which Comes First?

For millions of Americans living in deed-restricted communities, municipal building departments are only half the bureaucracy. Navigating the rules of a Homeowners Association (HOA) requires careful coordination to avoid hefty fines and forced demolitions.

Different Jurisdictions, Different Goals

It’s crucial to understand that the city and the HOA care about entirely different things:

• The City (Building Permit): Cares about safety. They want to ensure your new deck won't collapse and your electrical wiring won't cause a fire.
• The HOA (Architectural Review): Cares about aesthetics and property values. They want to ensure your new deck is painted an approved color and doesn't block your neighbor's view.

The Correct Order of Operations

The golden rule of remodeling in a deed-restricted community is: Always secure HOA approval before pulling the city permit.

Why? If the city approves a 6-foot fence, but your HOA covenants restrict fences to 4 feet, the HOA's rules take precedence legally because they are tied to your property deed. If you build the 6-foot fence, the HOA can take you to court and force you to tear it down, regardless of the city permit.

Protecting Your Investment

Before paying non-refundable fees to the county (which you can estimate using our calculator), submit your architectural drawings to your HOA's Architectural Review Committee (ARC). Only take those stamped, HOA-approved plans to the city building department.