CC&R Corner
By Will Bullington, CC&R Compliance Officer
January 2008
At our most recent Environmental Control Committee (ECC) meeting we were discussing what many of us saw as consistent misconceptions about what needs to be approved by the ECC. First let me start by quoting the CC&R’s:
Section 5.1. Environmental Control Committee Approval of Improvements.
(a) Approval Generally. Before commencing construction or installation of any Improvement within the Properties, the Owner planning such Improvement must submit a request for approval to the Environmental Control Committee. The Owner's request shall include structural plans, specifications and plot plans satisfying the minimum requirements specified in the Architectural Rules (see Section 5.5 of this Declaration). Unless the Committee's approval of the proposal is first obtained, no work on the Improvement shall be undertaken. The Committee shall base its decision to approve, disapprove or conditionally approve the proposed Improvement on the criteria described in Section 5.5 of this Declaration.
(b) Definition of "Improvement". The term "Improvement" as used herein includes, without limitation, the construction, erection, or installation of any buildings, decks, fences, swimming pools, patios, driveways, ground-based satellite reception dishes, or any other structure of any kind. In addition, it also includes alteration by painting, roofing, siding, or remodeling of the exterior of any buildings or any other structure of any kind and the filling, grading, or excavation of any Lot or portion thereof.
(c) Modifications to Approved Plans Must Also Be Approved. Once a proposed work of Improvement has been duly approved by the Committee, no material modifications shall be made in the approved plans and specifications therefore and no subsequent alteration, relocation, addition or modification shall be made to the work of Improvement, as approved, without a separate submittal to, and review and approval by, the Committee. If the proposed modification will have, or is likely to have, a material affect on other aspects or components of the work, the Committee, in its discretion, may order the Owner and his or her contractors and agents to cease working not only on the modified component of the Improvement, but also on any other affected component.
In the event that it comes to the knowledge and attention of the Association, its Environmental Control Committee, or the agents or employees of either, that a work of Improvement, or any modification thereof, is proceeding without proper approval, the Association shall be entitled to exercise the enforcement remedies specified in this Declaration including, without limitation, ordering an immediate cessation and abatement of all aspects of the work of Improvement until such time as proper architectural review and approval is obtained.
This in essence is the heart of why it is most people want to live in a planned unit development. They want to know that their neighbor just can’t throw up a fence or other improvement without some type of a system of checks and balances, that would help insure the aesthetics of the neighborhood, and help maintain their property values. An example is the case where a homeowner went through the steps above items “a” through “b.” They ignored item “c” and decided to paint their improvement a different color than they had submitted and was approved by the ECC. When the final inspection came up everyone said “what the heck happened?” The owner made some last minute decisions and did not realize they had to go through step “c.” Some neighbors also called and were not happy with the artistic license the neighbor took.
The ECC must consider the following when approving or disapproving projects:
Section 5.5. Basis for Approval of Improvements. When a proposed Improvement is submitted to the Committee for review, the Committee shall grant the requested approval only if the Committee, in its sole discretion, makes the following findings regarding the proposed project:
(a) The Owner's plans and specifications conform to this Declaration and to the Architectural Rules in effect at the time such plans are submitted to the Committee;
(b) The Improvement will be in harmony with the external design of other structures and/or landscaping within the Properties;
(c) The Improvement, as a result of its appearance, location or anticipated use, will not interfere with the reasonable enjoyment of any other Owner of his or her property; and
(d) The proposed Improvement(s), if approved, will otherwise be consistent with the architectural and aesthetic standards prevailing within the Properties and with the overall plan and scheme of development within the Properties.
The Committee shall be entitled to determine that a proposed Improvement or component thereof is unacceptable when proposed on a particular Lot, even if the same or a similar Improvement/component has previously been approved for use at another location within the Properties if factors such as drainage, topography or visibility from roads, Common Areas or other Lots or prior adverse experience with the product, design or components used in construction of the Improvement. Finally, it is expressly agreed that the Committee shall be entitled to make subjective judgments and to consider the aesthetics of a proposed Improvement project, so long as the Committee acts reasonably and in good faith.
The ECC denied the deposit refund and told the owner they needed to paint their improvement as originally approved. The owner applied for a variance and through a public hearing the variance was denied. Owners have a right to appeal this to the Governing Board whom is the final say on these matters. Both the ECC and the Board are compiled of five members each and their decision is a vote based on objective and subjective (especially in the case of aesthetics) decisions. They are elected (in the case of the Board) and appointed by the Board (in the case of the ECC). They are people just like you and me, yet they have a fiduciary responsibility to represent all owners and to uphold the CC&R’s that were voted on by a majority of the membership. Democracy in a republican form of government doesn’t get more basic than that.
What defines an “improvement” is spelled out in the CC&R’s, but not everything is listed and this subject becomes a hotly debated subject. Shed? Yes. Dog house? No. (within certain dimensions as spelled out in the outbuilding guidelines).
Last subject is home occupancy. Just because the County gives you an occupancy permit you still need to have your home “finaled” by the ECC prior to occupancy. Homework assignment: read section 6.6.
By Will Bullington, CC&R Compliance Officer
January 2008
At our most recent Environmental Control Committee (ECC) meeting we were discussing what many of us saw as consistent misconceptions about what needs to be approved by the ECC. First let me start by quoting the CC&R’s:
Section 5.1. Environmental Control Committee Approval of Improvements.
(a) Approval Generally. Before commencing construction or installation of any Improvement within the Properties, the Owner planning such Improvement must submit a request for approval to the Environmental Control Committee. The Owner's request shall include structural plans, specifications and plot plans satisfying the minimum requirements specified in the Architectural Rules (see Section 5.5 of this Declaration). Unless the Committee's approval of the proposal is first obtained, no work on the Improvement shall be undertaken. The Committee shall base its decision to approve, disapprove or conditionally approve the proposed Improvement on the criteria described in Section 5.5 of this Declaration.
(b) Definition of "Improvement". The term "Improvement" as used herein includes, without limitation, the construction, erection, or installation of any buildings, decks, fences, swimming pools, patios, driveways, ground-based satellite reception dishes, or any other structure of any kind. In addition, it also includes alteration by painting, roofing, siding, or remodeling of the exterior of any buildings or any other structure of any kind and the filling, grading, or excavation of any Lot or portion thereof.
(c) Modifications to Approved Plans Must Also Be Approved. Once a proposed work of Improvement has been duly approved by the Committee, no material modifications shall be made in the approved plans and specifications therefore and no subsequent alteration, relocation, addition or modification shall be made to the work of Improvement, as approved, without a separate submittal to, and review and approval by, the Committee. If the proposed modification will have, or is likely to have, a material affect on other aspects or components of the work, the Committee, in its discretion, may order the Owner and his or her contractors and agents to cease working not only on the modified component of the Improvement, but also on any other affected component.
In the event that it comes to the knowledge and attention of the Association, its Environmental Control Committee, or the agents or employees of either, that a work of Improvement, or any modification thereof, is proceeding without proper approval, the Association shall be entitled to exercise the enforcement remedies specified in this Declaration including, without limitation, ordering an immediate cessation and abatement of all aspects of the work of Improvement until such time as proper architectural review and approval is obtained.
This in essence is the heart of why it is most people want to live in a planned unit development. They want to know that their neighbor just can’t throw up a fence or other improvement without some type of a system of checks and balances, that would help insure the aesthetics of the neighborhood, and help maintain their property values. An example is the case where a homeowner went through the steps above items “a” through “b.” They ignored item “c” and decided to paint their improvement a different color than they had submitted and was approved by the ECC. When the final inspection came up everyone said “what the heck happened?” The owner made some last minute decisions and did not realize they had to go through step “c.” Some neighbors also called and were not happy with the artistic license the neighbor took.
The ECC must consider the following when approving or disapproving projects:
Section 5.5. Basis for Approval of Improvements. When a proposed Improvement is submitted to the Committee for review, the Committee shall grant the requested approval only if the Committee, in its sole discretion, makes the following findings regarding the proposed project:
(a) The Owner's plans and specifications conform to this Declaration and to the Architectural Rules in effect at the time such plans are submitted to the Committee;
(b) The Improvement will be in harmony with the external design of other structures and/or landscaping within the Properties;
(c) The Improvement, as a result of its appearance, location or anticipated use, will not interfere with the reasonable enjoyment of any other Owner of his or her property; and
(d) The proposed Improvement(s), if approved, will otherwise be consistent with the architectural and aesthetic standards prevailing within the Properties and with the overall plan and scheme of development within the Properties.
The Committee shall be entitled to determine that a proposed Improvement or component thereof is unacceptable when proposed on a particular Lot, even if the same or a similar Improvement/component has previously been approved for use at another location within the Properties if factors such as drainage, topography or visibility from roads, Common Areas or other Lots or prior adverse experience with the product, design or components used in construction of the Improvement. Finally, it is expressly agreed that the Committee shall be entitled to make subjective judgments and to consider the aesthetics of a proposed Improvement project, so long as the Committee acts reasonably and in good faith.
The ECC denied the deposit refund and told the owner they needed to paint their improvement as originally approved. The owner applied for a variance and through a public hearing the variance was denied. Owners have a right to appeal this to the Governing Board whom is the final say on these matters. Both the ECC and the Board are compiled of five members each and their decision is a vote based on objective and subjective (especially in the case of aesthetics) decisions. They are elected (in the case of the Board) and appointed by the Board (in the case of the ECC). They are people just like you and me, yet they have a fiduciary responsibility to represent all owners and to uphold the CC&R’s that were voted on by a majority of the membership. Democracy in a republican form of government doesn’t get more basic than that.
What defines an “improvement” is spelled out in the CC&R’s, but not everything is listed and this subject becomes a hotly debated subject. Shed? Yes. Dog house? No. (within certain dimensions as spelled out in the outbuilding guidelines).
Last subject is home occupancy. Just because the County gives you an occupancy permit you still need to have your home “finaled” by the ECC prior to occupancy. Homework assignment: read section 6.6.
1 comment:
Why do I feel like I live in a dictatorship?
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