How Could This Affect Me?

This article is brought to you by the Board of Directors to inform residents of potential impact of not seeking ACC approval for Improvements, as required under Article III, and Article VII of the Declaration.

In the June 2018 letter to the community, the Board raised awareness of situations where Owners could be impacted by decisions they make to modify the interior of their homes.  This article expands on the brief mention in that letter.

Section 3.01 of the Declaration requires homeowners to seek approval from the ACC prior to the construction of any Improvement.  This provision does not distinguish between the exterior or interior of the home, or any structure.  When a homeowner puts his or her home on the market, and publish pictures on realtor websites, this information becomes public, and is available to other residents.  The Board has been made aware on occasion of certain changes that must go through ACC approval.

When homeowners sell their home, the Association will be asked at some point to issue a certificate to the prospective buyer or his/her agent.  The Association cannot knowingly issue a clean certificate if it is made aware of a confirmed violation.  In such cases, the Association will attempt to issue a notice to the current homeowner to make them aware of the situation, so that they are informed, and have an opportunity to correct the situation before the Association informs the buyer, but please keep in mind that once the potential buyer requests the certificate, the Association must comply within a narrow timeframe.

To avoid this situation, it is better to request a walk-through of your property before putting it on the market, if possible.  Please contact the Board if you are in this situation, or would like clarification or have questions.

Approved for publication by the Board of Directors on:  June 14, 2018.

Comments are closed.