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Formal Complaints
PLEASE
READ before filing a complaint ...
Please make an effort to discuss the complaint
face to face with your neighbor Ensure you have verifiable evidence and grounds for a complaintIdentify
the Covenant being violated and state why the complaint is validSupply your information in
a factual manner; please omit rumors, second-hand heresay and other "maybe" type of information from the complaint
Put yourself in the shoes of the ARC member; the recipient of your complaint receives other
complaints in addition to having a fulltime job; we can more respectfully consider your complaint when the exercising of due
diligence has initially been completed. Consider becoming a member of the ARC to assist with
these complaints |
Procedure for Evaluating
"Architectural Review Request"
- Initiation of Request
A request for architectural
review may be initiated in one of three ways: - A Homeowners seeks approval for some particular project he/she desires
to construct or install.
- A Homeowner desires to lodge a complaint regarding another Homeowners.
- A member
of the Architectural Review Committee or the Board of Directors observes a possible violation of the "Declaration of
Covenants and Restrictions".
- Basis for Evaluation
All requests for review will be
evaluated strictly on the basis of the "Declaration of Covenants and Restrictions" for the Walnut Ridge Subdivision
that every Homeowner is legally bound to honor by owning property in the Subdivision. This document is incorporated into the
Deed of everyone's property. Utilizing this document, the Architectural Review Committee will evaluate the request for
compliance.
- Architectural Review Request Form
All requests must be submitted on the "Architectural
Review Request" form. This form will also be used to communicate to the requestor the results of the Committee's
recommendation and the final decision of the Board of Directors.
- The Review Process
- A request is completed on the "Architectural Review Request"
form and submitted to one of the Architectural Review Committee members.
- The Committee reviews the request including
the following:
- identifying the applicable section(s) of the "Declaration of Covenants and Restrictions"
- obtaining additional details of the request from the requestor as necessary - reviewing the request with the
Developer, Board members and other pertinent parties - based on the data and information collected evaluating the merits
of the request - forming a recommendation and presenting it in writing to the Board - Board of Directors evaluates
the recommendation and makes a final decision.
- Board decision is communicated to the requestor via the "Architectural
Review Request" form.
NOTE: Although the Committee and Board pledge to review each request
as quickly as possible, the Review Process will require a minimum of 15 to 60 days. This assumes that the timing of the request
coincides with regularly scheduled Board meetings.
- The Appeal Process
If the requestor is not satisfied
with the decision the Review Process has produced, he/she may appeal the decision to the Board. This must be done in writing
but may also be done in person during a regularly scheduled Board meeting. Upon the review of the Appeal, the Board will render
a new decision which may change from the original one.
The requesting party may further appeal the decision by
obtaining signature of approval from 80% of the Homeowners that live within 1,000 feet, which will override the decision of
the Board.
- Worse Case Scenario
If a request is denied that is a violation of the "Declaration
of Covenants and Restrictions" and the requestor decides to proceed with installation anyway or if a violation is simply
observed, the following process will be implemented: - The offending Homeowner will be notified in writing of the violating
including a demand that the violation be rectified.
- If the violation has not been rectified within 28 days, a second
written notification will be given.
- If the violation has still not been rectified after an additional 14 days, the
Board will initiate appropriate legal action. Most likely this will involve seeking injunctive relief.
This same process
will apply if a serious violation is observed by the Architectural Review Committee.
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