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The following shall establish operational guidelines for coordinating compliance with the Association’s Declaration of Covenants, Conditions, and Restrictions, Article V., “Architectural Control”: 1.
The Board of Directions (Board) shall provide all new
owners with a written notice of the Homeowners obligation to obtain
specific Architectural Control Committee (ACC) approval for any
exterior improvements, modifications or repairs prior to commencing
work on any such project. (See
attached Exhibit A) 2.
It is expressly understood that a Homeowner’s
request for ACC approval is to be submitted in writing, along with
all supporting documentation, through the Board and not directly to
the ACC. The Board shall
coordinate timely review of all requests and act as liaison between
the ACC and the Homeowner. Requests
will be passed to the ACC no later than 5 days following receipt
from Homeowner. 3.
The Board shall from time to time designate a Director
as Principal Architectural Affairs Officer to act on behalf of the
full Board in carrying out these guidelines. 4.
If and when the ACC determines that work is being
performed on a project that has not been approved and/or materials
are of an unapproved type, the ACC shall notify the President and/or
the designated Board Member (s) of the apparent violation of Article
V. (verbal notice
followed up in writing within 5 days) 5.
The President or designee will immediately contact the
subject Homeowner and issue verbal notification:
(a) of the apparent breach of Covenants, Conditions, and
Restrictions and, (b) to cease work immediately pending ACC review
and approval. If the
Homeowner can not be contacted, the Board’s designee shall notify
workmen on the site to contact their employer and advise that work
being accomplished may be in violation of the Associations
restrictions. 6. Board Members shall notify the ACC if exterior work is observed in progress, and it is determined that the Boards files do not contain documentation of ACC approval. 7.
When and if ACC determines a continuing violation of
Architectural Control restrictions, ACC will notify the Board of
such continuing violation. The
Board will issue written notice to the subject Homeowner of the
Associations’ obligation to enforce the restrictions and that
appropriate legal remedies may result if the violation continues
beyond 30 days of notice. 8.
ACC approval (or rejected) plans will be issued to the
Board for transmittal to the requesting Homeowner.
Copies of all plans approved by the ACC shall be submitted to
the Associations’ designated Board Member having responsibility
for retention of the Associations’ records. The above procedures are intended
to foster Homeowner awareness of the mutual benefits that result by
strict adherence to sound and reasonable Architectural Controls. These
procedures are based on the premise that there exists a continuing
cooperative relationship between the Associations Board of Directors
and the members of the Architectural Control Committee;
and that this document satisfies the requirement that the
Association establish such procedures pursuant to the letter of
agreement between the Association and Fountain Lake Inc. dated
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