What Do You Mean My Dog Run Needs Pre-Approval?
by Will Bullington
As many of you know when you buy or rent a home in a planned unit development such as Lake Shastina there are certain rules that must be followed. These are the Covenants, conditions and Restrictions or the CC&R’s. The CC&Rs help maintain the high standards of our community. Property values statistically are higher and crime is lower in planned unit developments like Lake Shastina. Almost half the homes sold in Siskiyou County in 2006 were in Lake Shastina and over 260 homes were built here in the last few years. Everyone that buys a property agrees to these CC&Rs and any one that rents their home to another must:
1. Notify the Association in writing of the names of the tenants.
2. Give the tenants a copy of the CC&Rs.
Tenants are subject to the CC&Rs and may be evicted by the Governing Board and the cost of doing such paid by the owner of the property. Owners and tenants may be fined for violations of the CC&Rs by the Governing Board per its rules enforcement procedures.
The most important and critical role of our planned unit development is the Environmental Control Committee (ECC). Some homeowner associations call this an Architectural Control Committee. Both bodies must pre-approve improvements to properties throughout the development. This approval helps guarantee that the modifications meet the minimum construction standards of the CC&Rs, stay outside of setbacks and easements, don’t encroach into neighboring lots, and are aesthetically pleasing. Many cities control these same items through their ordinances.
The section of the CC&r states:
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.
The process is really painless. You may view all the CC&Rs and look for applications under “information” at our website: www.lakeshastina.com. You can print or scan the application and mail or e-mail them to our offices. Landscaping in your own yard (within your property pins) does not need ECC approval. Any landscaping done outside towards the road right-away must have the approval of the ECC and the public works department (because they might just snow plow your landscaping lights and rocks into your yard). They also have active and future utilities in these areas: gutters, drainage, curb and sidewalk, etc.
As always if you have any questions please call me at 938-3281 extension 101 and I will be glad to meet with you at our offices or your home to help you with the process.
With over 1,100 homes we have a very active ECC of five dedicated volunteers that represent all of you in maintaining high property values and they should be thanked for their excellent work.
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