Westwood II Architectural Review and Application

ARCHITECTURAL REVIEW COMMITTEE AND/OR BOARD STANDARDS AND PROCEDURES

A. INTRODUCTION

One of the most important functions of the Homeowners Association is the preservation of the architectural character of the project in order to enhance the desirability and attractiveness of the entire community. The Association has the duty to administer and to enforce the Architectural Standards within the community by the authority given to it in Article 9 of the Declaration of Restrictions. This process is applicable to any and all exterior or structural improvements, changes, and/or additions to the unit and/or lot.

The Architectural Review Committee and/or Board may condition its approval of plans and specifications with such changes it deems appropriate and may require submission of additional plans and specifications or other information or materials prior to approving or disapproving plans and specifications. In the event the Architectural Review Committee and/or Board fails to approve or disapprove the location, plans and specifications or other requests made of it within a reasonable period oftime after the submission, then such approval will not be required, provided any improvements so made conform to all other conditions and restrictions required by the Declaration of Restrictions and is in harmony with similar improvements erected within the community.

B. SUBMISSION PROCEDURES AND CONDITIONS

The approval of any improvement by the Architectural Review Committee and/or Board does not waive the necessity of obtaining any city and/or county permits. Obtaining a city and/or county permit does not waive the need for Architectural Review Committee and/or Board approval.

1. Applications: All applicants for approval shall be made to the Architectural Review Committee and/or Board. Please note that no work can begin prior to the Architectural Review Committee and/or Board approval.

2. Standard Forms: All requests of Architectural Review Committee and/or Board must be made on the standard Homeowners Association form.

3. Required Copies: Three (3) complete sets of plans, including full specifications for improvement change and/or additions must be submitted with the application.

4. Right of Entry: If the construction work requires the use of common area property the applicant shall obtain written permission from the Association for "Right of Entry" during the course of construction. A copy of this letter granting permission shall be filed with the Architectural Review Committee and/or Board prior to the start of construction.

5. Security Deposit: The Architectural Review Committee and/or Board may require the posting of a security deposit, is a reasonable amount to cover among other things, the cost of restoration or repair of common areas. In addition to a security deposit if required, the Architectural Review Committee and/or Board may require the applicant to execute an indemnity or restoration agreement.

6. Fees: The Architectural Review Committee may charge a fee for each review of plans and specifications. The fee schedule may be obtained from the Association. No fee is required at this time.

7. Incomplete Submissions: Submissions lacking the required number of copies, information, request form, fees, security deposits, or agreements shall be deemed not submitted and retumed to the applicant.

8. Non-liability: Plans and specifications are not approved for engineering design. By approving such plans and specifications, neither the Committee, the members therefore, the Association, the members, the Board of Directors, nor the Declarant assumes liability or responsibility therefore, or for any defect in structure constructed from such plans, and specifications (See Article 9, Section 5).

9. Disposition: Upon approval, disapproval or in the event the Architectural Review Committee and/or Board requests clarification or additional infom1ation, submissions shall be submitted as follows:
a) One plan shall be retained by the Committee and/or Board as its working copy.
b) One approved plan shall be placed in the Association files.
c) One approved plan shall be returned to the applicant who shall be required to maintain the same at the work site during the course of construction until such time as a final inspection has been made by the Committee and/or Board or its designated representative.
d) Disapproved plans or those requiring clarification or additional information shall be retumed to the homeowner. Said plans shall be included with subsequent submissions.

10. Appeals: In the event plans and specifications submitted to the Architectural Review Committee and/or Board are disapproved thereby, the party or parties making such submissions may appeal in writing to the Homeowners Association Board of Directors. The written request must be received by the Board within thirty (60) days after the final decision ofthe Architectural Review Committee and/or Board. The Board may submit such request to the Architectural Review Committee for review, whose written recommendation will be submitted to the Board. Within sixty (60) days following receipt of the request for appeal, the Board shall render its written decision. The failure of the Board to render a decision within said sixty (60) day period shall be deemed a decision in favor of the applicant.

11. Enforcement: Failure to obtain the necessary approval from the Architectural Review Committee constitutes a violation of the Declaration of Restrktions and may require modifications or removal of work at the expense of the homeowner. The Homeowners Association has the authority to commence legal actions to restrain any threatened breach of these restrictions and to enforce all of their provisions which provides for the reimbursement to the Association for legal fees and expenses enforce compliance, which if unpaid may result in liens against the property.

12. Violations: All owners and residents have the right to bring to the attention of the Architectural Review Committee and/or Board any violations of any provisions or standards which the Board of Directors has adopted.

13. Conditions Not Covered: Any condition not covered or materials not contained within these standards shall become a matter of judgment on the part of the Architectural Review Committee and/or Board.

C. CONDITIONS OF APPROVAL

The following shall be the conditions of any approval and shall be incorporated by reference only on the approved plans of the Architectural Review Committee and/or Boards' letter of approval. It shall be the responsibility of the owner to insure that these conditions are enforced upon all persons or firms used, engaged, or employed in carrying out any operation or trade in conjunction with any improvement.

Click here for the Architectural Application

Click here for the Maintenance Responsibility List