The Architectural Review Committee

The Declaration of Restrictions (CC&R's) establishes the requirements for the Architectural Review Committee (ARC). Upon retirement of the Declarant from the ARC, the members of the ARC will be elected by the Owners per the procedure defined in Article 4 of the CC&R's.

The ARC consists of five members selected by the Owners. Each member serves a one-year term. Members of the ARC receive no compensation.

Approval

Owners must obtain prior written Approval from the ARC prior to construction, installation, landscaping, replacement, alteration, grading, excavation, placement of temporary structures, etc. as detailed in Article 4, para. 4.2 of the CC&R's. A majority vote of the ARC members is required for approval.

Any proposed revisions to Approved plans must be submitted to the ARC for review and Approval. If the changes do not substantially alter the Approved plans, no additional fees will be required.

Professional Services and Fees

The ARC may seek the professional services of an architect and/or landscape architect as appropriate to review plans and report to the Committee. This review will help ensure that the review process is thorough, consistent and considers all requirements and Guidelines. The fees must be uniform and are required to cover the professional and administrative cost of the review process. Deposits are required for major improvements to ensure that the improvements are completed substantially in compliance with the Approved plans.

Review Guidelines

The ARC will review plans for compliance to the specific requirements of the CC&R's and and Guidelines. The review will carefully and objectively consider the proposed improvement(s) in relationship to the subject lot and public view. Buildings, structures, and all proposed elements shall be designed in harmony with the subject lot, adjacent lot(s) and neighborhood.

Meetings

The Architectural Review Committee (ARC) meets twice a month. Meetings will be held as needed on the first and third Mondays of each month at the offices of Focus Real Estate and Investment, Inc.

Plans received prior to a meeting will be reviewed by the ARC to verify that the plans are complete. If the plans are complete and all fees and deposits received, the ARC will place the plans in the review process. The plans may be forwarded to the appropriate architect(s) for review and report to the ARC. Incomplete plans will be returned to the Owner with notation of the missing data. The ARC Application Form contains a checklist of the data required with each submission. The ARC will endeavor to complete its review of complete submissions and return Approved plans or Unapproved plans with comments within 15 days of the first meeting after receiving the complete plans. In some cases the review process may require up to 30 days.

Owners wishing to schedule a preliminary discussion with the ARC may do so for the meeting on the first Monday of the month The ARC can answer questions and provide preliminary advice at this meeting, but this is not a review for Approval. To schedule a discussion, please submit the plans with an application before the first Monday of the month. No fee or deposit is required with this application. However, a formal submission of plans with an Application and appropriate fee/deposit is required to initiate a review for Approval.

Appeal

In the event that an Owner and the majority of the ARC cannot agree on conditions that result in Approval of the proposed plans, the Owner may request that the Board of the Fountaingrove II OSMA act as non-binding arbitrator. The Owner and the ARC may submit the disputed plans to the Board for review of the disputed features and endeavor to seek a solution that is Approved by the majority of the ARC.