Madison HOAs may enforce architectural review standards through their recorded declaration. Wisconsin law requires reasonable, non-arbitrary application of standards. City permits are still separately required regardless of HOA approval.
Architectural review committees (ARCs) in Madison HOAs operate under authority granted in the recorded Declaration of Covenants, Conditions and Restrictions (CCRs). Typical reviewable changes include exterior paint colors, roofing, additions, fences, sheds, and landscaping. Under Wisconsin common law, ARCs must apply standards reasonably and consistently; arbitrary or discriminatory denials can be challenged in court. ARCs should provide written decisions within the timeframes specified in the CCRs (often 30-60 days). HOA architectural approval is separate from City of Madison building permits and zoning review; both are required when applicable. State law (WI Stat. 236.292) limits HOA restrictions on solar collectors; reasonable restrictions allowed but cannot prevent use.
Owners making unauthorized changes can face HOA fines and forced removal. Owners wrongfully denied can sue for declaratory relief.
See how Madison's architectural review rules stack up against other locations.
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