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Proposed New Policy Resolutions
Posted on Nov 17th, 2009

PENDERBROOK COMMUNITY ASSOCIATION, INC.
 
 
Policy Resolution No. _____
(Amendment to Architectural Guidelines & Maintenance Standards)
 
WHEREAS, Article 4, Section 4.01 of the Bylaws of Penderbrook Community Association, as amended (“Bylaws”), provides that the Board of Directors (“Board”) shall manage the business and affairs of the Penderbrook Community Association (“Association”); and
 
WHEREAS, Article V, Section 5.06 of the Declaration of Covenants, Conditions, Restrictions and Reservations of Easements (“Declaration”) provides that the Covenants Committee may adopt, from time to time, subject to the approval of the Board, reasonable rules and regulations pertaining to its authorized duties and activities under the Declaration; and,
 
WHEREAS, the Board of Directors previously adopted Policy Resolution No. 92-3 for Design Review Procedures establishing procedures for the submission and approval of material exterior alterations to structures and land; and,
 
WHEREAS, the Board of Directors previously adopted and approved the 2005 Architectural Guidelines & Maintenance Standards (“Guidelines”) setting forth the procedures for the submission and approval of material exterior alterations to structures and land, and, further, adopting guidelines for the Covenants Committee’s review of Architectural Review Request forms and basic design principles; and,
 
WHEREAS, the Board of Directors later adopted Policy Resolution No. ___, amending Policy Resolution No. 92-3 for Design Review Procedures, and altering the procedures for the submission and approval of material exterior alterations to structures and land; and,
 
WHEREAS, the Guidelines need to be revised to reflect the amended procedures for the submission and approval of material exterior alterations.
 
NOW THEREFORE, the Guidelines are hereby amended as set forth herein:
 
1. All policies and procedures set forth in Section IV (Modifications Requiring Approval) and Section V (Format for Approval Submissions) of the Guidelines are hereby amended to be consistent with the policies and procedures established by Policy Resolution No. ___, a copy of which is attached hereto as Exhibit A.
2. Any other provisions in the Guidelines affected by the revised procedures for the submission and approval of material exterior alterations are hereby amended to be consistent with the revised procedures in Policy Resolution No. ____.
3. A copy of this Resolution shall be attached to the Guidelines until such time as these amendments are incorporated into the Guidelines.
 
 
The effective date of this Policy Resolution is _______________________. We attest that this Policy Resolution was adopted by the Board of Directors at a duly called meeting of the Board of Directors held on ____________, 2009.
 
 
 
PENDERBROOK COMMUNITY ASSOCIATION
 
 
 
By: ______________________________________
David M. Braun, President
 
 
By: ______________________________________
, Secretary
 
 
 
 
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PENDERBROOK COMMUNITY ASSOCIATION, INC.
 
Policy Resolution No. _____
(Amended Design Review Procedures and Covenants Committee Duties)
 
 
WHEREAS, Article 4, Section 4.01 of the Bylaws of Penderbrook Community Association, as amended (“Bylaws”), provides that the Board of Directors (“Board”) shall manage the business and affairs of the Penderbrook Community Association (“Association”); and
 
WHEREAS, Article IV, Section 4.02(h) of the Bylaws provides that the Board of Directors shall have the duty to appoint a Covenants Committee; and,
 
WHEREAS, Article V, Section 5.06 of the Declaration of Covenants, Conditions, Restrictions and Reservations of Easements (“Declaration”) provides that the Covenants Committee may adopt, from time to time, subject to the approval of the Board, reasonable rules and regulations pertaining to its authorized duties and activities under the Declaration; and,
 
WHEREAS, the Board of Directors has previously adopted Policy Resolution No. 92-3 for Design Review Procedures establishing procedures for the submission and approval of material exterior alterations to structures and land; and,
 
WHEREAS, the Board of Directors wishes to revise the procedures for the submission and approval of material exterior alterations and to establish certain duties for the Covenants Committee.
 
NOW THEREFORE, the following Design Review Procedures and Covenants Committee duties are hereby adopted by the Board of Directors, which supersede and replace all previously adopted policies and procedures relating to the same subject.
 
I. General
a. No structure of any kind whatsoever shall be commenced, erected, placed, moved onto or permitted on any Lot, nor shall any existing structure upon any Lot be removed or altered in any way which materially changes the exterior appearance thereof (including change of exterior color) until an application containing plans and specification thereof shall have been filed with and approved by the Covenants Committee.
b. Every material change to a Lot exterior must be the subject of an application and be approved by the Covenants Committee regardless of whether the proposed change is (1) substantially similar to any change which has previously been approved or (2) in conformance with the architectural restrictions.
c. As a requirement of the application process, owners must submit evidence that the proposed material change to the Lot exterior is in conformance with all applicable governmental ordinances, rules and regulations, statutes, laws and codes. Submission of evidence that the proposed material change to the Lot exterior is in conformance with all applicable governmental ordinances, rules and regulations, statutes, laws and codes shall not guarantee that the Covenants Committee shall approve that application.
 
II. Application Procedures
a. Applications for exterior changes shall first be submitted to the Association Management Office in writing, in such form as may be required by the Covenants Committee.
b. Upon submission of the application, the Association Management Office shall review the application for completeness (based on instructions developed by the Covenants Committee). Incomplete applications shall be denied without review and returned to the applicant with a statements identifying the missing material.
c. Complete applications shall be forwarded to the Covenants Committee for review and action. The Covenants Committee shall approve or deny each properly filed application within thirty (30) days following the date of submission.
d. Written notice of the decision of the Covenants Committee shall be mailed by certified mail to the applicant at the address set forth in the application within five (5) days of the meeting date. A notice of denial shall specify the reasons of the Covenants Committee. A notice of approval shall state that the approval is not final until the application has been reviewed and approved by the Land-bay architectural review board.
e. Upon Covenants Committee approval or determination that the application is not covered by an Association guideline, the application shall be sent to the appropriate Land-bay architectural review board and/or Land-bay management agent for review and action.
f. An application may be approved subject to conditions established by the Covenants Committee. These conditions must be strictly followed by the applicant; otherwise, the approval may be rescinded.
g. Applications denied by the Covenants Committee shall be returned to the applicant and the Land bay architectural review board. Denied applications can be appealed to the Association Board of Directors.
h. Appeal Procedures.
i. To initial the appeals procedures, the applicant must submit a written appeal within twenty (20) days of receiving formal written notification from the Covenants Committee to conditionally approve or disapprove the proposed modification. An appeal to the Association Board of Directors may be made if it appears that the following situations occurred:
1. Proper procedures were not followed during the administration and review process.
2. The Covenants Committee decision was deemed arbitrary by the applicant and had no rational basis.
ii. The Association Board of Directors shall hear the appeal at the next regularly scheduled Board of Directors meeting and the applicant shall be notified of the date of the meeting. The Association Board of Directors shall notify the Covenants Committee Chairperson if an appeal has been requested by the applicant. The Board of Directors has the right to affirm, rescind, or modify the decision of the Covenants Committee. The decision of the Board of Directors shall be final.
iii. The Board of Directors shall notify the Covenants Committee and the applicant within seven (7) days of the date of the Board meeting at which the appeal is heard.
i. The Covenants Committee shall determine if any routine applications (preapproved windows, tree removal, etc.) can be delegated to the Association Management Office for approval on behalf of the Covenants Committee.
j. The Association Management Office shall track all applications and notify the Covenants Committee chairperson and the Land-bay architectural review board and/or board of directors 15 days prior to the request gaining automatic approval due to inaction.
k. The Association Management Office shall maintain the authoritative record of all submitted applications.
 
 
 
III. Completion of Addition or Alteration.
a. After an application is approved, construction must commence within ninety (90) days after the date the application is approved or the appeals process is completed, whichever is later. Construction must be completed within sixty (60) days of its commencement. Upon written request, the Covenants Committee may extend these limitations.
b. The applicant must notify the Covenants Committee of the date when construction starts and the date when construction is completed. Written notice of these dates shall be filed with the Association’s Management Office.
c. If, during construction, it becomes necessary to amend the approved plan, an amended application must be filed at the Association’s Management Office. The Covenants Committee shall review the amended application within thirty (30) days of the first day of the month following the month of the receipt of the filing. No hearing shall be required as to the amended application. A copy of the written decision of the Covenants Committee shall be promptly mailed to the applicant at the address set forth in the amended request.
d. Within ten (10) days of the notice of completion, the Covenants Committee shall inspect the Lot and, if the construction fails to comply with the approved plans, it shall issue a notice of violation in accordance with the Association’s due process procedures.
e. If construction is not commenced within ninety (90) days or such other date as approved by the Covenants Committee, the approval shall be rendered void and a new application shall be required.
 
IV. Covenants Committee Duties
a. The Covenants Committee is instructed to review the current 2005 Maintenance Standards and Architectural Guidelines (“MSAG”) and eliminate guidelines that do not apply to all Penderbrook Land bays or do not directly contribute to the overall well being of the Penderbrook community. Upon completion of the review, a new MSAG shall be submitted to the Board of Directors for approval after a 30 day period for public comment. The Covenants Committee shall, at a minimum, review the guidelines on an annual basis and propose changes to ensure the guidelines reflect the goals of the Association.
b. The Covenants Committee is directed to work cooperatively with the Land-bays to ensure community standards are reflected in the Land-bay guidelines and to resolve conflicts per Article VI, Section 6.17 of the Declaration between the Association and Land-bay architectural guidelines. If the Covenants Committee and the Land-bay architectural review board are unable to resolve a conflict, the Land-bay Board of Directors can appeal the proposed guideline to the Association Board of Directors.
c. The Covenants Committee shall hold quarterly meetings with all Land-bay architectural review board chairpersons to discuss trends in new building materials, areas of concern to the community, and other issues as directed by the PCA Board of Directors.
d. The Covenants Committee shall work with the Land-bays to develop requirements for the selection and use of an automated system to track change requests, property history, and baseline configuration for all lots within the Association.
e. The Covenants Committee shall work with the Association’s Management Agent to develop a web page that publishes the Covenants Committee information and Association architectural change control statistics that enable the community to follow the actions of the various boards and committees. Statistics shall include, but not be limited to, applications submitted per month, applications rejected per month, applications appealed per month, and violation letters issued per month.
f. All architectural change applications involving new materials will be reviewed by both the effected Land-bay architectural review board and the Covenants Committee. If the new materials are approved by the Covenants Committee, then guidelines to describe the appropriate use of the new materials shall be drafted and published for a 30 day public comment period before being presented to the Association Board of Directors for approval.
g. The Covenants Committee shall audit applications approved by the Land-bay architectural review boards to ensure approvals are in accordance with the approved Land-bay architectural review board guidelines. In the event the audit determines that applications have been approved in contravention of the Land-bay architectural review board guidelines, the Covenants Committee shall meet with the Land-bay architectural review board to determine if the Land-bay guidelines should be amended. The Covenants Committee shall report all audit discrepancies to the Association Board of Directors.
 
 
 
 
 
 
The effective date of this Policy Resolution is _______________________. We attest that this Policy Resolution was adopted by the Board of Directors at a duly called meeting of the Board of Directors held on ____________, 2009.
 
 
 
PENDERBROOK COMMUNITY ASSOCIATION
 
 
 
By: ______________________________________
David M. Braun, President
 
 
By: ______________________________________
, Secretary
 
 
 
 
 
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