(a)
Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document that subjects a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster to review by a body shall be processed and approved in accordance with this section.
(b)
(1)
The body shall determine whether an application is complete or incomplete and provide written notice of this determination to the applicant no later than 30 calendar days after the body receives the application.
(2)
If
the body determines that an application is incomplete, the body shall simultaneously provide the applicant with a list of incomplete items and a description of how the application can be made complete.
(A)
After receiving a notice that the application is incomplete, an applicant may cure and address the items that are deemed incomplete by the body by resubmitting the application.
(B)
In the review of an application resubmitted pursuant to subparagraph (A), the body shall not require the applicant to include an item that was not identified as necessary in covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument, and any provision of a governing document in effect at the time the application was originally submitted.
(C)
(i)
If an applicant resubmits an application pursuant to subparagraph (A), the body shall determine whether the additional application has remedied all incomplete items listed in the determination issued pursuant to this paragraph.
(ii)
The review and determination of the resubmitted application shall be subject to the timelines and requirements specified in this subdivision.
(3)
If the body does not make a timely determination as required by this subdivision, the application or resubmitted application shall be deemed to be complete for the purposes of this section.
(c)
Once an application is deemed complete, the body shall conduct any
review of the proposed modification to the separate interest, including a substantially similar reconstruction of a residential structure, and do either of the following within 45 calendar days:
(1)
If the body determines that the complete application is not compliant with the body’s lawfully adopted standards in effect at the time the application was first submitted, the body shall return in writing a full set of comments to the applicant with a comprehensive request for revisions.
(2)
If the body determines that the complete application is compliant with the body’s lawfully adopted standards in
effect at the time the application was first submitted, the body shall approve the application and notify the applicant accordingly.
(d)
(1)
If a body finds that a complete application is noncompliant, the body shall provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant within the time limits specified in subdivision (b).
(2)
The body shall provide the list and description authorized by paragraph (1) when it transmits its determination to the applicant as required by subdivision (b).
(3)
If a body denies an application based on a determination that the application is noncompliant, the applicant may attempt to remedy
the application.
(4)
If an applicant submits an application pursuant to paragraph (3), the additional application is subject to the timelines of a new application as specified in subdivision (b).
(e)
(1)
If an application is determined to be incomplete pursuant to subdivision (b) or determined to be noncompliant pursuant to subdivision (d), the body shall provide a process for the applicant to appeal that decision pursuant to Section 4765.
(2)
The body shall provide a final written determination on the appeal no
later than 60 calendar days after receipt of the applicant’s written appeal.
(f)
(1)
Once a body approves an application pursuant to this section, the body shall not subject the applicant to any appeals or additional hearings.
(2)
The prohibition described in paragraph (1) does not apply to the applicant’s noncompliance with the approved application.
(g)
A court shall award reasonable attorney’s fees to the applicant who prevails in an action to enforce this section.
(h)
For purposes of this section, the following definitions apply:
(1)
“Body” means an association, architectural review committee, or similar body.
(2)
“Disaster” has the same meaning as in Section 4752.
(3)
“Substantially similar reconstruction of a residential structure” has the same meaning as in Section 4752.
