BROOKSIDE COMMUNITY ASSOCIATION, INC.

BOOK OF RESOLUTIONS

RESOLUTIONS REGULATING LAND USE

RESOLUTION NO. 6

Guidelines to be utilized by the Architectural Control Committee.

 

WHEREAS, Article VIII of the Amended Declaration of Covenants, Conditions and Restrictions of Brookside provides for an Architectural Control Committee (ACC) which is to review applications for alterations in certain buildings and landscaping within Brookside and make recommendations to the Board with respect to those requested alterations and,

WHEREAS, neither the Board nor the ACC has adopted written guidelines as to how the consideration of an application is to be accomplished substantively or procedurally and,

WHEREAS, guidelines are essential so that the consideration of proposed alterations is consistent and not arbitrary from either a substantive or procedural aspect.

NOW THEREFORE, BE IT RESOLVED that the following substantive and procedural guidelines shall be applied by the ACC and the Board in future consideration of applications for alterations within Brookside.

SUBSTANTIVE CONSIDERATIONS

  1. Brookside is a thoughtfully and carefully considered quality residential community designed to preserve privacy in spite of providing close proximity between units. The intent and effect of that original architectural design should be preserved.
  2. Each unit was designed and developed in light of its own special circumstance and situation. The judgments made in the initial design should not be ignored without a compelling reason.
  3. Maintaining a consistent and harmonious neighborhood character, one that is architecturally and aesthetically pleasing, confers a benefit on the unit owners by maintaining the value of their properties. Any alteration, to be approved, must meet this objective.
  4. A goal of the ACC and the Board is to assure and enhance the peaceable enjoyment and living conditions of our residents.
  5. Much effort is expended by the HOA to preserve the beauty of Brookside and no alteration should be allowed which would diminish that standard.
  6. The uniformity and balance of the community should be maintained.
  7. Alterations which would or could reduce the value of any individual unit or Brookside as a whole are inappropriate.
  8. Applicable state and city building codes must be respected.
  9. The applicants’ immediate neighbors are to be consulted about the proposal. Their views are not controlling but rather just one factor in applying all of the relevant considerations.

 

PROCEDURAL STEPS 

  1. Prior to submitting an application to the ACC, applicants are to discuss their proposal with their immediately surrounding neighbors.
  2. Any application must be on the form then utilized by the ACC which sets out the various requirements for submission. The ACC will also provide a checklist to an applicant.
  3. The applicant must provide a convincing reason for allowing the alteration or the application must be denied.
  4. The applicant will provide at their cost any additional documents needed by the ACC.
  5. Any plans and specifications submitted with the application shall be in sufficient detail to allow the ACC to ascertain how the completed project would appear and shall show how the project relates to the adjoining units.
  6. As to certain alterations, the Board may delegate its authority to make the final decision to the ACC.
  7. The Board will automatically approve any recommendation by the ACC unless it is objected to by another unit owner or if the majority of the Board feels the decision may not have been in accordance with these Guidelines. If it is objected to by another unit owner or if the majority of the Board feels the decision may not have been in accordance with these Guidelines, the Board will consider the evidence and render an independent decision.  The recommendation of the ACC will be in writing including the reasons for the recommendation and will be provided to the applicant, any person objecting to the application and to the Board. Any Board decision will be in writing also including the reasons for the decision and will be provided to the applicant, any objector and to the ACC.
  8. In the event any alteration is approved, in addition to the cost of the alteration, the applicant is responsible for the repair and reclamation of any disturbance caused to the landscaping.

This Resolution is adopted this 7th day of October, 2015 by the Brookside Community Association, Inc. Board of Directors.