A major objective of the architectural review process
is to have in place guidelines and procedures that are perceived by homeowners
to be fair and reasonable. After all,
if owners perceive the process as fair, they are much more likely to
voluntarily comply with those guidelines and procedures.
The use of
forms can and should be used extensively in the architectural review
process. Forms will assist in the
uniform and consistent application of the procedures and thus aid in the
perception of owners that everyone is treated alike.
A
well-designed and drafted application form will prevent many problems from
arising and communicate to the applicant what is expected. An important part of the application form is
the “acknowledgment” at the end that must be signed by the owner
applicant. This acknowledgment should
be thorough and contain the following ten points:
1.
Written approval must
be received before any building or construction can commence.
2.
Approval does not
constitute municipal/county building department approval.
3.
Applicant agrees to
obtain necessary municipal/county building permit prior to commencement of any
work.
4.
Failure to do so will
result in withdrawal of approval.
5.
Approval is not a
guarantee of structural safety or engineering soundness.
6.
Applicant agrees not to
alter existing drainage patterns on lot without express approval of the board
or committee.
7.
Upon completion of
improvement, applicant agrees to immediately notify committee/board and
authorize it to enter onto property to inspect improvement.
8.
Failure to notify
committee/board of completion or refusal to allow inspection shall result in
withdrawal of approval.
9.
Any time during the
process applicant agrees to comply with any request to enter onto the property
or for additional information for purposes of determining if improvement is
being constructed in accordance with the approval plan and in compliance with
the covenants and guidelines. Refusal
by applicant shall result in withdrawal of approval.
10.
Failure to start or
complete improvement within time specified on application shall result in
withdrawal of approval unless an extension is requested and approved in
writing.
