Architectural Control Committee General Information
"The purpose of the Committee is to protect the
property value of the Lots and to prevent unsightly conditions on the
Properties." The members of the ACC are appointed by the SFII HOA Board of
Directors.
Guidelines & Information for
Architectural Control
Design Reviews
for Home Owners Associations
(This is for informational purposes only and may or may not be board
policy.)
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Properly exercised design review or architectural control protects
property values by creating and preserving an attractive community.
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Every association should adopt a manual of design review guidelines
to ensure the review process is legally valid and enforceable. The
guidelines should discuss the association's legal basis, approval
requirements, and basic design principles.
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The association should promptly notify new members of its design
review requirements, issue periodic reminders to all members, and give
design review guidelines to every member considering an exterior design
change.
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Each
design approval application should be processed fairly,
reasonably, and in a timely manner.
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An owner can challenge a design regulation or provision for the
following reason:
1.
Against public policy or statute. The design provision
cannot violate an established public policy or statute.
2.
Arbitrary and capricious action by reviewing authority. The design
regulation must be applied fairly, consistently, and in good
faith.
3.
Failure to follow enforcement procedures. The association must
follow the enforcement procedures contained in the governing documents
or adopted by the association.
4.
Laches. Failure to enforce the regulation in a timely
manner.
5.
Waiver or estoppel. Failure to act on similar
violations.
1.
The basis in the legal documents for design review.
2.
What changes require approval.
3.
Design considerations.
4.
Procedures for design review.
5.
The creation of a design review committee.
6.
Corrective action.
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Design requirements are basic fundamental requirements, stated in
general terms. Typically, they are written in the association's
governing documents, covering what modifications require approval and
the basic design objectives.
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Design principles outline the criteria used to determine whether a
proposed design meets the stated design requirements. Design principles
allow for some flexibility.
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Acceptable design practices are specific methods for achieving the
requirements and principles for frequently encountered design
situations.
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The association's design review procedures should include provisions
for the committee to grant design variance. The committee should explain
why it disapproves an application and may suggest ways to modify the
application so that it is acceptable.
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Corrective Action:
1.
Act promptly. Don't let an apparent violation go unattended. Send
a letter to the homeowner. The letter should identify the violation
and a time frame for correcting it. Ask the owner to contact the
association if they can't correct the violation within the time
frame.
2.
Follow up. Send a second letter. If the owner still has not
responded, send a third letter noting the violation and any action
that the association may take to obtain compliance.
3.
Be reasonable. Never refuse to consider an application because of
an existing unapproved change. Do not require members to remove
unauthorized structures as a condition of review.
This information was gathered from "Architectural Control: Design
Review" by Byron R. Hanke and Richard S. Ekimoto.
Last Updated:
05/01/08
Can I join the ACC?
Yes. Please contact
the ACC Committee member as noted on the Contact Us page of this website and
inform him/her of your interest to become an active part of the Silver Firs
Community. Your volunteer efforts are greatly appreciated.
What type of improvements are subject to Architectural Control?
No clearing, grading, construction or placing
of any building, fence, wall, substantial landscaping or other structure shall
be commenced, executed or maintained upon the Properties, nor shall any exterior
addition to or change or alteration therein be made until the plans and
specifications showing the nature, kind, shape, height, materials and location
of the same shall have been submitted to and approved in writing as to harmony
of external design and location in relation to surrounding structures and
topography, by an Architectural Control Committee. In the event the
Architectural Control Committee fails to approve or disapprove of such design
and location within thirty (30) days after such plans and specifications are
submitted to it for approval, approval will not be required and full compliance
with this Article will be deemed to have been met.
To accomplish this, each Homeowner is required
to submit, for approval, and before work is started, an ACC Request for Design
Approval for all proposed construction and improvements to existing structure
and all new construction or improvements. This includes such items as: changing
exterior siding, roofing material, paint color and additions to existing home.
It also includes all construction of rockeries, fences, decks, sheds and other
structures, satellite dishes and major landscaping.
How does the Design Approval Process work?
The ACC Request for Design Approval is
submitted by the Homeowner and then reviewed by the Committee. The Committee
makes a determination to approve or disapprove each request. If the request is
disapproved, the Homeowner will be given the reason for disapproval and how the
proposal can be changed to bring the project into compliance with established
guidelines.
How long does it take for my Design Approval to be approved?
Per the CC&R’s, the process is to be
accomplished within 30 days of the request being submitted to ACC. The
Committee’s personal goal is 14 to 21 days.
For more thorough information, please see the
Architectural Section of the CC&R’s
of this website.
Did you know?
Did you know that Snohomish
County contractors and homeowner's can now file for building permits online. On
April 1, 2005, the county joined an online services owned and managed by
Bellevue, Bothell, Issaquah, Kenmore, Kirkland, Mercer Island, Sammamish,
Snoqualmie and Woodinville.
www.MyBuildingPermit.com can be used to apply for residential mechanical,
residential plumbing and re-roofing permits. Homeowners and licensed contractors
can make applications, pay fees and obtain permits online.
Please remember that
homeowner's also required to apply for SF II HOA ACC Design Approval. The link
to the application is at the top of this page.
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