Condo Board Approval Process for Renovations and Buyers

How the Condo Board Approval Process Works

Condo boards approve two very different things, and owners often mix them up.

Changes to a unit or the common elements. Renovations, new flooring, moving plumbing, replacing windows or a front door, enclosing a balcony. This is often called architectural review or alteration approval.
Who owns or lives in a unit. Some buildings require board approval of a sale or lease, or give the board a right of first refusal, meaning the association can buy or lease the unit on the same terms as the outside deal.

The board’s power for both comes from the governing documents: the declaration (CC&Rs), the bylaws and the rules. State law then limits how that power is used. If the documents do not require approval for something, the board generally cannot invent a requirement for one owner. And if they do, the board has to follow its own written steps.

Below is how each process usually runs, what owners should send, and what boards must get right. Boards that want ready-to-edit owner letters, a resolution and a resale checklist can find them in the Board Packet Kit.

What Renovations Usually Need Board Approval

Every declaration is different, but these changes need approval in most buildings:

Change	Why boards review it
Removing or moving walls	Walls can be structural or carry shared pipes and wiring
Moving a kitchen or bathroom, or new plumbing lines	Risk of leaks into units below, and tie-ins to shared lines
Hard flooring over carpet	Noise to the unit below. Many rules require a sound-rated underlayment
Electrical panel or new circuits	Building capacity and fire safety
Windows, exterior doors and anything visible outside	Uniform look, and the frame may be a common element. See window responsibility
Balcony, patio or terrace changes	Usually limited common elements the association still controls
HVAC units, vents or new wall penetrations	They pierce the building envelope

Painting, new cabinets in the same layout, and new appliances usually do not need approval. Check your rules, because some buildings require notice of any work that brings contractors into the building.

Renovation Approval: Step by Step

For the owner:

Read the rules first. Find the alteration section of the declaration and any architectural guidelines. Note the form, the documents required, and how long the board has to decide.
Send a complete application in writing. Include a description of the work, drawings or plans, the materials (with the flooring underlayment spec if relevant), the contractor’s license and certificate of insurance, the start date and length of work, and any permit the city requires.
Do not start until you have written approval. Work done without approval can lead to a fine, an order to undo it at your cost, and a violation on the unit that shows up when you sell.
Follow the conditions. Approvals often set work hours, elevator padding, debris rules and a final inspection.
Keep the approval letter. A buyer’s resale certificate may ask about unapproved alterations, so you will want proof.

For the board:

Use a written procedure and a standard form, and send owners a reminder each year of what needs approval.
Check the application against the documents, not personal taste. Ask an engineer or the manager when the work touches structure, plumbing or the envelope.
Decide within the time your documents set. Some documents say an application is approved if the board does not answer in time.
Put the decision in writing. If you deny it, say why and how the owner can ask for reconsideration.
Record approvals in the minutes and keep the file with the unit’s records.

What California and Florida Require

In California, Civil Code 4765 sets the rules when the governing documents require approval of a physical change. The association must have a fair, reasonable and expeditious procedure. Decisions must be made in good faith and cannot be unreasonable, arbitrary or capricious. Every decision must be in writing, and a denial must explain why and how to get reconsideration. If a committee, the manager or anyone other than the board at an open meeting denied the request, the owner is entitled to reconsideration by the board at an open meeting (4765(a)(5)). A denial the board itself made at an open board meeting does not have to be reconsidered. The association must also tell owners every year what changes need approval. See our California guide.

In Florida, material alterations to the common elements need the approval set in the declaration, or 75 percent of owners if the declaration is silent (s. 718.113(2)). That is an owner vote, not just a board decision. See our Florida guide.

Other states have their own rules, and many leave it to the documents. Check your state guide and your declaration.

Buyer and Tenant Approval

Board approval of buyers is far more common in co-ops than in condos, where owners hold real property and can usually sell freely. But some condos do have a say in who buys or rents:

Right of first refusal. The declaration or bylaws let the association buy or lease the unit on the same terms. New York condo bylaws commonly include one, under Real Property Law Section 339-v. Boards almost always waive it, but the sale usually cannot close until the board issues a written waiver within the time set by the bylaws. See our New York guide.
Sale or lease approval. Some declarations require an application, a background check or an interview before a sale or lease. The steps, fees and deadlines come from the documents.
Rental limits. Caps on the number of rented units, minimum lease terms, or a ban on short-term rentals.

Buyers find out about these in the resale package. In Texas, for example, the resale certificate must say whether there is a right of first refusal (§ 82.157). See reading a condo resale certificate.

Fair Housing Limits on Board Approval

Whatever the documents say, a board cannot deny a buyer, tenant or request for a reason the federal Fair Housing Act prohibits. The Act bars housing discrimination because of race, color, religion, sex, familial status, national origin or disability (42 U.S.C. 3604). Many states and cities add more protected groups.

Two parts matter most for condo approvals:

Reasonable modifications. A board cannot refuse to let a person with a disability make reasonable changes to the unit or common areas, at that person’s expense, when the changes are needed for full use of the home (42 U.S.C. 3604(f)(3)(A)). A ramp, grab bars or a wider doorway are common examples.
Reasonable accommodations. A board cannot refuse reasonable changes to rules or policies when needed for equal use, such as an exception to a pet rule for an assistance animal (42 U.S.C. 3604(f)(3)(B)).

Boards should apply the same written criteria to every applicant and keep a record of why each decision was made. When a request involves a disability, talk to the association’s attorney before saying no.

If Your Request Is Denied

Read the denial for the reason and the section of the documents it relies on.
Ask for reconsideration in writing, using the process in the letter or your documents. Offer changes that answer the board’s concern, such as a better underlayment or an engineer’s letter.
Go to the open meeting where it is reconsidered, if your state or documents give you one.
Keep everything in writing, and talk to an attorney if you think the decision breaks your documents or the law.

Frequently Asked Questions

How long does the condo board approval process take?

It depends on your documents. Many set a deadline for the board to answer an alteration request, and some say a request is approved if the board does not answer in time. Sale and lease approvals and rights of first refusal also follow deadlines in the declaration or bylaws. Ask the manager for the timeline before you schedule contractors or a closing.

Do I need board approval to renovate my condo?

For work inside the unit that does not touch structure, plumbing, wiring, flooring or anything visible from outside, often not. For those, usually yes. Read the alteration section of your declaration and the building's rules, and ask in writing if you are not sure.

Can a condo board reject a buyer?

Only if the governing documents give it that power, and never for a reason fair housing law prohibits. Many condos have no buyer approval at all. Some have a right of first refusal, which lets the association match the deal rather than block it.

What happens if I renovate without board approval?

The board can usually treat it as a violation: a notice, a hearing, possible fines, and an order to restore the unit at your cost. It can also show up on the resale certificate when you sell. If you already did the work, apply now and ask for after-the-fact approval.

Does the whole board vote on every renovation?

Not always. Many boards appoint an architectural or modifications committee to review requests, with an appeal to the full board. Florida requires an owner vote for material alterations to the common elements unless the declaration sets a different rule.

Important: This article is for educational purposes only and is not legal advice. Approval rules come from each association’s declaration, bylaws and rules, and from state and local law, which change over time. Always read your own governing documents and check your state’s current statute. For a denial, a fair housing question or a dispute, talk to an attorney licensed in your state.

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Condo Board Approval Process for Renovations and Buyers

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