Past CCR Violations

We had a similar situation where, after 30 years, we discovered that the architectural files were not being properly updated. Therefore, this is what we did:

1) Organized the files, which included a running log summary of the design changes (see attached)

2) Searched minutes of all meetings (board and committee) to determine if a change was approved or disapproved and was recorded in the minutes but not in the files.

3) Inspected and identified all changes done to each lot

4) Using the summary page in the files, identified which change had documentation and which did not.

5) Identified those that did not have documentation but would have likely been approved and sent the following memorandum:

RE: DOCUMENTATION OF PRIOR APPROVAL

Mr. & Mrs. xyz,

This letter is to provide written documentation for prior approval of a [inset item].

It was discovered that the association files did not have a copy of an approval for this item. As it is likely that this change would have been approved, this committee acknowledges that the previous owner may have received verbal approval from a previous committee or the builder.

This written documentation is provided with the understanding, and expectation, that the previous approval required the owner of the lot, and any future owners, to properly maintain [item name] in good working order and soundness of repair. The current and future owner may replace the [item] with similar items, of similar size and material, as needed without prior approval from the Architectural Committee. Removal of the changing of materials or size will require prior approval.

Please keep this letter for your records.

6) Identified those that did not have documentation but would have likely been disapproved and sent the following letter:

RE: DOCUMENTATION OF PRIOR APPROVAL NEEDED

Mr. & Mrs. xyz,

The Architectural Committee noticed a [name item]. A review of the Architectural Committee files found no information about the [name item], and we are requesting copies of any documentation you may have in this regard. If documentation of approval is provided, no further action will be required. If documentation of approval is not provided, the Committee considers the item to be in violation of our covenants and requests that you [action] by [date]

Note: the people who were sent these letters removed the items in question.

7) Once this was done, we now maintain the files and only provide written approval/disapproval.

As for the metal fences, you might want to change the CC&Rs to just require prior approval for a fence. Then establish a guideline for fence height and/or material.