Architectual Review and Covenants Committee

Architectual Review and Covenants Committee

Architectural Review Covenants

The Ashland Architectural Review and Covenants Committee (ARCC) now meets the 1st Wednesday of each month at 7:00 PM in the Community Center.  All requests for exterior modifications must be received in the Community Center no later than the last Friday of the previous month in order to be considered.  Prior to submitting an application, please review the application requirements for the specific modification in your Homeowners Handbook.  For the most part, incomplete applications will be disapproved.

 What needs ARCC approval?  The Design Guidelines (Section VII) Effective December 2010 of the Homeowner Handbook defines those areas that require ARCC approval.  The best rule of thumb is if in doubt, submit an application.

 How do I know if my application was approved?  The results of the ARCC are forwarded to the management office the day after we meet.  An individual letter is prepared to each homeowner detailing the results of their applications.  These letters are normally ready for dispatch within 5 business days of the meeting.  In some instances an application will be approved contingent on certain provisions being met.  Failure to comply with the provisions is the same as having not received approval.

What do I do if my application is disapproved?  The biggest reasons applications are not approved are lack of information and failure to follow the application requirements.  The same process that is used to notify homeowners of approvals is used to notify of disapprovals.

What if I am found to be in violation of the Guidelines?  Alleged violations are identified through several sources.  These include walkthroughs by ARCC members, walkthroughs by the management staff, and neighbor complaints.  Enforcement procedures are detailed in Section I of the Design Guidelines.  The basic process is to 1) confirm that a violation does exist.  This is done by a physical visit to the property by either a member of the ARCC or the management office.  2) If confirmed, send the homeowner a compliance notice.  3) Allow the homeowner time to correct the deficiency.

What if I am notified that a hearing concerning the violation has been scheduled?  If the homeowner does not correct a deficiency, a notice to appear before the ARCC will be sent.  At the hearing, the homeowner will be given the opportunity to present any information relevant to the situation.  In addition ARCC members may question the homeowner.  At the conclusion of the hearing, the ARCC will decide on the outcome and the homeowner receives the results of that decision by letter.  Please note that the ARCC has broad enforcement authority (as delegated by the Board of Directors (BOD)) that can range from a single fine, cumulative fines, correcting the violation at the homeowner’s expense, or placing liens against property.

What if I disagree with the ARCC decision?  You have the right to appeal the ARCC decision to the BOD.  Instructions on filing an appeal are contained in the notice of the ARCC decision.  Your hearing is normally scheduled for the next regularly scheduled BOD meeting.

What if I am notified that a hearing concerning the violation has been scheduled and I do not attend?  Failure to appear for a hearing will not necessarily delay this action.  In this situation the ARCC will take action based on the information on file.  If the homeowner cannot attend for some reason, they may request a postponement.  That request should be in writing and include a suggested date/time for the hearing.  The ARCC will make every effort to support that request.  However, keep in mind that the ARCC is a voluntary organization and re-scheduling hearings outside the normal date/times can prove a challenge.

Can I appear before the ARCC?  All ARCC meetings are open to the homeowners.  The only exception to this is when hearings are being conducted and any executive session discussions.  In the case of hearings, if the homeowner appearing before the ARCC has no objection to an open hearing, then other homeowners may attend.  Executive session discussions usually involve specific discussions of a specific homeowner and privacy/confidentiality concerns require that they be discussed in private.