ARTICLE VII
Here is an alternative layout to help compare the current and proposed language.
ARTICLE VII – Architectural Controls
4. Article VII – Architectural Control
Current language: Section 1. Architectural Review. No building, wall, fence, swimming pool, or other structure shall be commenced, erected, or maintained within the Properties, nor shall any major landscaping be done, nor shall any exterior structure or change or alteration therein be made, until the plans and specifications therefore, showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Association. This paragraph shall not apply to any property utilized by a governmental entity or institution.
The Board of Directors of the Association shall appoint an Architectural Review Board(s) as it deems necessary. Each of the Architectural Review Board(s) shall be composed of not less than three (3) or more than eleven (11) persons.
The Architectural Review Board(s) shall from time to time establish rules of procedure for defining the manner of application for approval and shall establish standards for the implementation of the Architectural Standards. Such rules shall be submitted to the Board of Directors for approval.
Proposed language: Article VII. Architectural Provisions
Section 1. Architectural Review. In order to assure a harmonious, well balanced community and high quality architectural and landscape design, all members of the Association as well as the Association itself shall be required to ensure that all new construction and later improvements are constructed only after prior approval is obtained from the Architectural Review Committee (ARC). No building, wall, fence, pond, swimming pool, path, walkway, driveway or other structure shall be commenced, erected, or maintained within the Properties nor shall any major landscaping be done, nor shall any major exterior structure or change or alteration (Improvement) therein be made until the plans and specifications, therefore, showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing by the Association. This paragraph shall not apply to any property utilized by a governmental entity or institution.
Section 2. Other Responsibilities of Architectural Review Committee. In addition to the responsibilities and authority provided in this Article VII, the ARC may recommend maintenance standards and shall have such other powers, authority and responsibilities as determined by the Board of Directors or as may be provided elsewhere in this Declaration or other Covenants on the Properties as established by the Board of Directors.
Section 3. Architectural Review Committee. (ARC) The Board of Directors of the Association shall appoint an ARC, which shall be composed of not less than three (3) and no more than nine (9) members, who must be Owners or spouses of Owners.
Section 4. Design and Maintenance Rules and Standards.
- The ARC may from time to time suggest Design and Maintenance Rules and Standards (Design Standards), which may be revised, supplemented or deleted.
- The Design Standards, including revisions thereto are subject to final approval by the Board of Directors.
- Revisions to the Design Standards must be in writing, dated, signed, published, and enforced prospectively. The Design Standards shall be construed in favor of the enforcement of a well ordered, planned community.
Section 5. No Structures to be Constructed, etc. without Approval. It shall be a violation of this Declaration for any Owner to construct, erect, install or maintain an Improvement on any Unit without the prior written approval of the ARC or Board of Directors, to which the Owner has appealed an ARC ruling. This regulation shall apply to any alteration, enlargement, demolition, removal or any change whatsoever which alters the exterior appearance (including paint color) of the Improvement or of the Units on which it is situated, unless the Design Rules and Standards for the ARC expressly authorize the same without requiring specific approval.
Section 6. Approval of Plans. The ARC shall not have the power to approve Plans for any Improvement that would violate any of the express provisions of this Declaration, any Amendments to the Declaration, any Supplemental Declaration applicable thereto, any other General or Specific Covenants applicable thereto or any provision of the Design Standards without the express written approval of the Board of Directors. In all other respects, the ARC may exercise its sole discretion in determining whether to approve or disapprove any Plans, including, without limitation, the location of an Improvement on a Unit.
Section 7. Appeal. In accordance with the appeals procedures as set forth in the Design Standards, all initial decisions and rulings of the ARC are appealable within thirty (30) days of initial ARC ruling to the Committee by the applicant/property owner. If still denied after appeal, a secondary appeal to the Board of Directors within sixty (60) days may be made and at the Board’s discretion, may affirm, modify, or reverse any action taken by the Architectural Review Committee.
Proposed language in summary: Section 1: Architectural Review
To maintain a harmonious community, all new construction or improvements must be approved by the Architectural Review Committee (ARC) before starting. This includes buildings, fences, pools, landscaping, and any exterior changes. Government properties are exempt.
Section 2: ARC Responsibilities. The ARC may recommend maintenance standards and has additional powers as determined by the Board of Directors or other community documents.
Section 3: Architectural Review Committee (ARC). The Board will appoint an ARC with 3-9 members who must be Owners or their spouses.
Section 4: Design and Maintenance Rules and Standards. The ARC may propose Design Standards, which are subject to Board approval. Any changes to these standards must be in writing and enforced prospectively.
Section 5: No Construction Without Approval. Owners must get written approval from the ARC (or Board, if appealed) before making any changes to the exterior of their property, including alterations, enlargements, or paint color.
Section 6: Approval of Plans. The ARC cannot approve plans that violate the Declaration, its amendments, or other applicable covenants without the Board’s written approval. The ARC has discretion in approving plans that meet the requirements.
Section 7: Appeal. Any decisions made by the ARC can be appealed within 30 days. If still denied, a second appeal can be made to the Board within 60 days, who can affirm, modify, or reverse the ARC’s decision.
5. RESOLUTION FOR RESIDENTIAL LOT OCCUPANCY REQUIREMENT – Non-Binding Survey Question.
Non-binding survey refers to a question in a survey or poll where the responses do not carry any legal or formal obligation. Essentially, it means that the results of the survey are for informational or feedback purposes only and do not commit the respondents or the organization to take any specific actions based on the answers provided.
Language: Section 10. Residential Lot Owner Occupancy Requirements. There is concern about the amount and maintenance of rental properties throughout the community. Therefore, the BCA is requesting your opinion on Residential Lot Owner Occupancy Requirements. This is non-binding and solely for the purpose of establishing a basis upon which Brandermill Community Association Inc. will continue discussions pertaining to Residential Lot Occupancy Requirements. This would be mandatory for all new residential owners intending to rent their property. New owners must occupy the Family Dwelling Unit on Residential Lots for at least one (1) year before leasing it. This is targeting Wall Street investors spending billions buying single-family homes and turning them into rentals. The Board may grant waivers in cases of extreme hardship, based on a written application detailing the hardship, leasing plans and other policies and procedures even though the Owner has not satisfied the minimum period for owner occupancy.
Language summary: The BCA wants your opinion on a proposal regarding rental properties in the community. The idea is to require new homeowners to live in their property for at least one year before renting it out. This is just for discussion and won’t be a rule yet. The Board may make exceptions in cases of extreme hardship, based on a written request.