HOA design guidelines are the private rules a subdivision places on what you can build: minimum size, exterior materials, roof, garage, fencing and more. They are recorded against the lot, they are often stricter than city zoning, and they apply even though the building department never checks them. Read them before a designer draws anything. A plan that meets every code can still be rejected by an architectural committee for having the wrong roof pitch or too little brick.
This guide lists what HOA design guidelines and covenants usually control, where to find them in Sedgwick County, what Kansas law says about the approval process and how to get a plan through review. It is general information, not legal advice.
Covenants, guidelines and zoning are three different things
| Rule set | Who writes it | Who enforces it | Where to find it |
|---|---|---|---|
| Zoning code | City or county | Planning and building departments | Unified Zoning Code |
| Recorded covenants (the declaration) | The developer | The homeowners association, through the courts if needed | Register of Deeds |
| Design guidelines and committee rules | The HOA or its architectural committee | The HOA | The HOA, developer or management company |
When they differ, you have to satisfy all of them, so the strictest one controls. A 25-foot zoning setback does not help if the plat or the covenants call for 35. See Wichita residential setback requirements.
What HOA design guidelines usually cover
HOA design guidelines differ from one subdivision to the next. These are the items we see most often, with the design decision each one affects.
| Topic | Typical rule | What it changes in the plans |
|---|---|---|
| Minimum house size | A minimum main-level or total square footage | The whole floor plan |
| Exterior materials | A minimum share of brick or stone on the front, limits on siding types | Elevations and budget |
| Roof | Minimum pitch, approved shingle types and colors | Roof plan and elevations |
| Garage | Minimum number of stalls, side-load required or front doors limited | Lot fit and driveway. See garage layout planning |
| Setbacks | Deeper front or side yards than zoning | Buildable area |
| Height and stories | Limits on two-story homes on some lots | Layout |
| Outbuildings | Sheds and detached garages restricted or banned | Storage planning |
| Second dwellings | Often prohibited | See accessory apartment zoning in Wichita |
| Fences and walls | Type, height and location | Site plan |
| Yard | Sod, sprinklers and trees required by a deadline | Budget and schedule |
| Builders | Construction limited to approved builders | Who can build your plan |
| Timing | Start and completion deadlines after closing | Design schedule |
Where to find the rules in Sedgwick County
- Ask the seller or developer for the recorded declaration, any amendments and the current design guidelines. Ask for the submittal form too.
- Search the Register of Deeds. The office is in the Ruffin Building at 100 N. Broadway, Suite 105, Wichita, phone 316-660-9400. Its online land record search covers documents recorded after January 1, 1969. Plats are recorded there as well.
- Read the plat. It shows platted building setback lines, easements and reserves that the HOA may maintain.
- Ask the HOA or management company which version of the guidelines is in force and who sits on the committee.
Do this before you close on the lot if you can. Our article on design a house before buying land explains how to test a lot against the house you want.
What Kansas law says about design review
Kansas has a statute that covers how associations operate: the Kansas Uniform Common Interest Owners Bill of Rights Act, K.S.A. 58-4601 and following, in effect since January 1, 2011. A legislative research summary notes it applies to communities with 12 or more residential units. Several sections matter when you submit house plans.
- Authority has to come from the declaration. Under K.S.A. 58-4617, an association may adopt construction, design and aesthetic standards only if the declaration allows it.
- There must be a process and a deadline. The same section says an association that adopts such standards must have procedures for approving construction applications, including a reasonable time within which it must act.
- Rules must be reasonable. Owners must be told about proposed rule changes and again after adoption.
- Decisions are recorded. K.S.A. 58-4616 requires associations to keep records of decisions approving or denying design requests, and lets owners examine records on 10 days’ written notice.
- Meetings are open. K.S.A. 58-4612 opens board meetings to owners, with notice and an opportunity to comment.
- Enforcement cannot be arbitrary. A summary of K.S.A. 58-4608 states that enforcement decisions may not be arbitrary or capricious.
Two smaller points come up often. An association cannot ban the Kansas flag or candidate signs under K.S.A. 58-4617, and K.S.A. 58-3820 protects small political yard signs near elections. Kansas has not enacted a law limiting HOA restrictions on solar panels. A 2023 bill on that subject did not pass.
Disputes under the Act are settled in court, not by a state agency. For a real dispute, talk to a Kansas attorney.
How to get a plan through review
Before design
Give your designer the declaration and the HOA design guidelines at the first meeting. Add them to the items in our home design consultation checklist. Mark the numbers that drive the design: minimum size, masonry percentage, roof pitch, garage rule and setbacks.
During design
Have the designer note the covenant requirements on the drawings. If the guidelines ask for 30 percent masonry on the front, show the calculation on the elevation. Committees approve faster when they do not have to measure.
The submittal
Most committees ask for:
- A site plan showing the house, driveway, setbacks and easements. See how to read a site plan
- All four exterior elevation drawings with materials labeled
- Floor plans with square footage by level
- A list of exterior materials and colors, with manufacturer names
- The planting or sod and tree plan, if required
Color renderings are not usually required, but one answers questions before they are asked. See using 3D renderings to choose exterior materials.
After approval
Get the approval in writing, with the date and the drawing set it refers to. Keep it with your permit papers. If the design changes later, resubmit the change. Do not order brick, shingles or windows until the letter is in hand.
If the committee says no
Ask for the reason in writing and the section of the guidelines it relies on. Most rejections are about one item and are solved with a revision. If you believe the decision goes beyond what the declaration allows, the statute gives you the right to see the association’s records of past design decisions. Those show how the same rule was applied to your neighbors.
City rules that look like HOA rules
Some appearance standards come from the city, not the association. The City of Derby applies building variety standards to newer lots. The City of Maize publishes design standards covering front-loaded garages, sidewalks and street trees. These are enforced through the permit, so they apply even where there are no HOA design guidelines.
Frequently asked questions
What are HOA architectural guidelines?
They are the association’s written standards for what may be built or changed on a lot: materials, colors, roof, size, garage, fences and similar items, along with the procedure for getting approval.
Does the city enforce HOA design guidelines?
No. Covenants are private agreements. The building department reviews plans against the zoning and building codes. The association enforces its own rules.
Can an HOA require a specific builder?
Some declarations limit construction to approved builders. Check before you buy if you plan to collect bids. See can you take house plans to any builder.
How long does HOA approval take?
It varies by association. Kansas law requires the procedures to include a reasonable time for the association to act. Ask for that timeframe in writing when you submit.
Sources
- K.S.A. 58-4601, Kansas Office of Revisor of Statutes
- K.S.A. 58-4616, Kansas Office of Revisor of Statutes
- The Kansas Uniform Common Interest Owners Bill of Rights Act and homeowners associations, Kansas Legislative Research Department
- Register of Deeds frequently asked questions, Sedgwick County
- Building variety standards letter, City of Derby
Bring the covenants to the first meeting
Gary Wilbert has more than 30 years of residential design experience in Wichita-area subdivisions. MidWest Plan Design draws new home plans in Wichita to fit the lot, the code and the covenants. Call 316-806-2492 or request a consultation.