Developer providing new home builders ccrs etc

We have a bit of a disagreement in our neighborhood right now. Background- neighborhood is in section 4. Original neighborhood is much older. The newest developer has provided the new home construction purchasers "the neighborhood cc&rs", which include the dec of covenants, the 4 amendments to add the new sections, and bylaws. These are the documents that actually appear in the new home owner website/portal. Upon moving in, homeowners are discovering the arc guidelines doc. Is this expected to be provided by the developer to the new home builders? We are having an informal meeting to address concerns in a few weeks. Obviously the ARC is able to set certain guidelines, but in a neighborhood with a section under new construction should these be given to new construction home purchasers with the other documents? If the arc doc is written can it be enforced when not provided with the other documents at contract signing? One example- a family with 3 small children purchased a lot that backs up to a 12'+ deep ditch that drops off steeply with intentions of installing a 6' picket fence. The developer provided the ccrs that stated "no chain link fence" so the homeowners saw no problem. After moving in and submitting ACC form they were provided with the ARC doc that states very specific fence guidelines- 4' being the problem. Another family has a dog and was going to install a privacy fence after construction/moving in and now only see that only pickets are allowed. Any input? Attached is a screen shot of what new purchasers see in their homeowner "portal".

Would it be expected? In my opinion, yes.
Is it required? This will likely depend on applicable State statutes regarding disclosure.

My suggestion, make sure that the design guidelines (and all other governing documents), are available on your website. Additionally, the Association can put together a book of governing documents to give to each owner.


Should they? In my opinion, yes.
Is it required? This will likely depend on applicable State statutes regarding disclosure.


YES

Don't the covenants require prior approval before any exterior changes are done?
This is what you are enforcing.

The architectural guidelines are simply the standards used by the approving authority (along with the covenants) to determine if approval should be granted or not.

One does not have a violation because they didn't follow an architectural guideline.
One typically has a violation because they failed to obtain prior approval for the change that didn't comply with the architectural guidelines (because if they did seek prior approval, the request would have been denied).


Guidelines can be changed. Expecting that it is the ARC denying the request, the homeowner should appeal the decision to the Board. In such an appeal, questions should be asked and concerns should be conveyed.

Example: What is the reason/basis for only allowing 4 foot fences when such fences tend to not keep pets and children contained within the yard (i.e. easily jumped/climbed)?

Example: My back yard backs up to a 12 foot cliff. I am concerned about the safety of my pets, children and visitors when we use the back yard. I am requesting that a 6 foot fence be allowed (at least along the rear portion of the yard (i.e. compromise).

Are you on the Board or are you the homeowner dealing with a denied request?