TinaT2 (Washington)
Posts: 3
Posts: 3
Posted:
Background: We live in a 30-unit cohousing governed by a board of directors with CC&R’s/by-laws and an architectural review process. This process requires that construction plans go through a review process so all community members can comment, objections can be heard, and building codes followed before approval. Cohousing communities are different than typical condominiums. Residents are more committed to living as a community. The physical design encourages social contact and individual space. Our community has private, single-dwelling homes and access to common areas such as forested greenbelt, a playground, and common house.
We purchased a lot in 2001 and built a home which went through the community’s required architectural review process. We accommodated all the requests for changes to our original plans – which included completely redesigning our home. In the last few years, unfortunately, the architectural process has been ignored by some residents in spite of community complaints.
Here are some examples:
A non-permitted, unsafe home was constructed. During the ARC review a neighbor listed a full page of concerns which was completely ignored. Fortunately, the county building inspector eventually came through the neighborhood, saw the building, and required the owner to make modifications.
Recently, an owner constructed a wooden trash receptacle on community property without Board or community feedback. They refuse to remove it.
Our neighbor (the same one who built the wooden trash receptacle) built a trellis violating county building code height and set back requirements. There was no ARC review, we just woke up and there it was! When I contacted ARC, the response was the neighbors were just “were just following a precedent of disregarding this (ARC) policy” and that the fence (which tops 11”) is “art.” The Board said that the issue with our neighbor was one of “personal conflict” and was not their responsibility.
A garage was built without proper setbacks, county permitting, or architectural review.
We purchased and built a home in this neighborhood with the understanding that the Architectural process would apply equally to all residents. We are concerned because some of the above examples affect the property values of our home. We don’t know what will be allowed to be built next.
What can we do? We love living in our neighborhood – but are very frustrated. We've been complaining for years. How can I get the Board and all residents in the Community to understand the potential ramifications of these decisions? How can we get residents to stop building on community property; to follow the county permitting process, and to go through the required ARC procedure. What steps should we take at this point? Any suggestions or recommendations are greatly appreciated. Are there any books or articles expressly detailing the responsibility of the board and architectural committee?
Thank you.
Tina
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Here are some pertinent sections from our community’s legal documents:
CC&R’s:
11.12 Common Element Alterations. Nothing shall be altered or constructed in, or (except for
an Owner's personal property) removed from, the Common Element except upon the written
consent of the Board and after procedures required herein or by law.
Architectural Review Procedure:
The responsibilities of the Architectural Guidance Committee (referred to as "the Architectural Review Committee" in the Bylaws, and in this document as "the AGC ") are:
To fulfill the Board's obligation to review and provide written approval for all Community and individual construction plans prior to construction, as specified in the CC&Rs and amendments.
1. The formal review process begins long before any plans are ready to submit to the County. The plan and site review process has the following goals:
1. Provide all Community members the opportunity to review and comment on plans;
2. Insure that suggestions, concerns and issues raised in the Community review are dealt with in a fair and timely manner;
2. After AGC approval, a copy of proposed structure plans shall be posted, including site plan (showing propane tank if any, driveways and drain field areas, and all other elements that substantially impact the natural state of the site) and building plan (including floor plan, elevations from all directions, notes on exterior elements such as color and siding). Following is a formal timetable:
1. Unit Owners post plans for 10 days in the place designated by the AGC. A separate sheet for comments and a pencil or pen should be attached to the plans. The Community shall make comments anonymously or signed, or give comments in person.
2. After the plans have been posted for 10 days, the AGC shall hold a plan review meeting and consider the comments, advice, and input. If revisions are deemed appropriate they shall be submitted to the Unit Owner who will then either incorporate them or negotiate with the AGC. Revised plans will be posted for the required time and again considered by the AGC along with any new comments or input. Usually changes at this stage are minor, particularly if the plans have been worked on in consultation with the AGC from an early time.
3. When all the needed changes have been incorporated and the plan approved by the AGC, the plans may be submitted to the County for a building permit. One copy of the plans will be kept in the AGC files.
4. Should the AGC and the Unit Owner not be able to come to agreement on the plans, the Unit Owner may choose to take the issues to the Board for resolution.
5. Changes that affect the site layout or exterior or any elements on the Community revision list must be approved by the AGC.