Tony Keller – Chairman
The Association is responsible for the administration and enforcement of all covenants which are applicable to homeowners, including design covenants and restrictions. The covenants for the association provide that responsibility for the enforcement of design covenants shall be exercised through an Architectural Review Board (ARB).
The primary responsibility of the ARB is to regulate the external design, appearance and locations of the properties and improvements thereon in such a manner so as to preserve and enhance value and to maintain a harmonious relationship among structures and the natural vegetation and topography.
MODIFICATIONS REQUIRING REVIEW AND APPROVAL BY THE ARB
The general conditions for the design review requirement are stated in the “Architectural Control” section of the Declaration of Covenants, Conditions and Restrictions. A review and approval is required for major additions or alterations, such as, but not limited to, adding a room, deck, or patio and for such items as changes in color and materials. There are a number of exceptions to this otherwise inclusive review requirement. Examples of exceptions are:
Building exteriors may be repainted or restained with the original color;
Exterior building components may be repaired or replaced so long as there is no change in the type of material and color; and
Minor landscape improvements will also not require an application. This includes foundation plantings, or single specimen plantings. In general, landscape improvements of a small scale which do not materially alter the appearance of the lot, involve a change in topography or grade and which are not of sufficient scale to constitute a natural structure will be exempt from the design review process.
If there is any doubt as to whether a proposed exterior change is exempt from design review and approval, homeowners should seek clarification, in writing, from the ARB before proceeding with the improvement.
ARB Application and Review Procedures
All applications for proposed improvements must be submitted in writing using the application form below. Applications must be complete in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies which must be remedied in order to be considered for review.
The application must include a complete and accurate description of the proposed improvement(s). In order to permit evaluation by the ARB, supporting exhibits will frequently be required. Examples include: a site plan showing the location and dimensions of the proposed improvement; architectural drawings or plans, as applicable; landscape plan; material and/or color samples, etc. The architectural guidelines and application form provide guidance with respect to the supporting documentation required for various types of improvements.
The ARB is required to provide notification to homeowners of the approval or disapproval of any proposed improvement within thirty (30) days after the receipt of a properly completed application. Any application not so acted upon within the thirty day period is deemed to be approved. However, the thirty day review period will only commence upon the receipt of a complete application form, including any required exhibits. It is therefore advisable for homeowners contemplating substantial improvements to first ensure that they are aware of all required supporting documentation prior to submitting a design review application.
Homeowners who have submitted design review applications will be given written notice of the decision of the ARB.
A homeowner may appeal a decision to the ARB by submitting a written request to the ARB. This request should include any new or additional information which might clarify the requested change or demonstrate its acceptability. The ARB must respond, in writing, to a request for reconsideration within thirty (30) days from the date of receipt of such request.
If a request for reconsideration is denied by the ARB, the decision may be appealed in writing to the Board of Directors using the procedures detailed above. No appeals will be considered by the Board of Directors unless a prior appeal has been made to the ARB.
All ARB applications must be submitted in writing to the HoA’s management company.