Property Owners – Architectural Review Committee (ARC) Compliance

It has come to our attention that some property owners are making exterior changes to their properties without first obtaining the required approval from the Architectural Review Committee (ARC).

As stated in Article VI, Section 1 (page 18) of the Har-Ber Meadows Protected Covenants:

It is accordingly covenanted and agreed that no building, fence, wall, or other structure shall be commenced, erected, or maintained upon the Property, nor shall any exterior addition to or change or alteration to such structures or the color thereof (including, without limitation, site landscaping visible from any part of the Property and grading plans, reroofing materials, patio covers and trellises, plans for off-street parking of vehicles and utility layout), be made until the plans and specifications of such showing, among other things, the nature, kind, shape, height, materials, color, 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 Declarant or any Architectural Review Committee established by it or by any person or entity to which Declarant has delegated such authority and responsibility.

To ensure compliance with these covenants, the Har-Ber Meadows POA approved a $500 fine for ARC non-compliance in 2019.

The following procedure has been established to provide a consistent process for handling cases where exterior changes may have been made without the required ARC approval.

Procedure for Handling ARC Application Non-Compliance

From time to time, ARC members may be notified of exterior alterations that may or may not have received prior ARC approval. This procedure sets forth the steps to be followed when such notifications occur, ensuring fairness, consistency, and adherence to the covenants.

1. Identify potential non-compliance

Properties where exterior alterations have been made, or are in progress, without evidence of prior ARC approval are flagged for review.

2. Verify non-compliance

The ARC Chair reviews historical ARC applications to determine whether the alteration was submitted for approval and, if so, whether it was approved.

3. Notify the Property Manager

If non-compliance is confirmed, the ARC Chair provides the property address and details of the alteration to the Property Manager.

4. Contact the property owner

The Property Manager contacts the property owner via phone, email, or postal letter. The communication will include:

• A description of the violation
• Instructions for submitting an ARC application
• A deadline of 30 days from the date of the notice to submit the application

5. Review the ARC application
   • If the application is approved: No further action is required.
   • If the application is denied:
     1. The ARC Chair notifies the Board of the violation.
     2. The Board determines whether the $500 fine should be imposed and initiates any necessary enforcement steps.