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Why is Architectural Review required?
The primary reason that homeowner associations are
established is to maintain the property values in a community. The major way
this is accomplished is through the architectural review process. We have
all purchased homes in a premier neighborhood which has property values well
above the average. High standards were originally set for both the quality
of building materials as well as the architecture and landscaping. Rules and
requirements were established in the CC&Rs (see Amendment I), to assure that
these standards were maintained. Specifically, Amendment I states: “No
improvement or landscaping shall be commenced, erected, placed or altered on
any Lot until the construction plans and specifications showing the nature,
shape, heights, materials, colors, and proposed location of the improvement
have been submitted to and approved in writing by the Architectural Review
Committee.”
What are the consequences of making
changes without approval?
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Under the Bylaws of the Association, the Board is required to
take action if a violation comes to its attention.
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According to our attorney, the primary legal remedy available
is restoration. This means, requiring that the property be returned to
compliance, possibly through removal of the change. According to our
attorney, the courts routinely uphold enforcement of the CC&Rs, with the
court costs paid by the loser if a lawsuit is filed.
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If a homeowner delays or refuses to bring the property into
compliance, fines can also be assessed. (One homeowner, in an admittedly
unusual situation, paid over $20,000 in fines over several years, but
ultimately brought the home into compliance.)
What requires an ARC?
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Technically, any change to the exterior of the house or the
landscaping requires an ARC.
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Practically, repair with the same material and minor changes
are allowed without an ARC. Homeowners are encouraged to inquire of the
management company whether an ARC is required, for their protection.
How does an ARC help the homeowner?
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Note: Architectural requirements are different
for different phases of Barrington Heights...Just because you may have seen
something approved in one phase does not mean it is allowed under our
governing documents in your phase.
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Getting an ARC approved gives the homeowner assurance that
requirements were met and avoids a challenge in the future.
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The Architectural Review Committee sometimes has information
on issues with certain building materials that can save the homeowner
problems.
What is the process?
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Fill out an ARC form.
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Follow the directions, including submission of samples as
required.
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Once the Committee receives the form and all required
information, a decision is made within 15 business days.
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Note: For fastest approval, include specific names of
material and samples with the original application. (Samples are required
for composite roofing, stone veneer, paint, deck stain and certain other
materials.) The most common reason for approval delays and denials is
that samples have not been submitted!
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For questions concerning the ARC process and what requires an
ARC, please contact our Community Manager, Stacy Bloos, at
stacy.bloos@managementtrust.com
or by phone at 503-670-8111 x247.
What are Design Guidelines?
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Under our governing documents, the Architectural Review
Committee (ARC) is authorized to set standards for materials which go beyond
the specific standards written into the CC&Rs. The Design Guidelines list
the standards that the ARC has formally adopted. Please see the left hand
box on this page for a link to the current Design Guidelines.
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