ARC Ensures Harmony Prevails
The First Sentence Of The Section In The Cove Gardens CCRs Establishing The Architectural Review Committee Makes Its Mission Clear: “To Ensure That The Homes And Accessory Buildings Within The Neighborhood Are Harmonious….” The Importance Of The ARC Mission Cannot Be Overstated. The Essence Of Cove Gardens Is The Harmony Of The Pleasant, Congruent Appearance Of The Neighborhood And How That Harmony Enhances The Lives Of The People Who Live Here.
Serving on the committee is not a job for the faint of heart. The decisions of the committee typically involve finding a compromise that impacts more than one home. The volunteer neighbors who serve on the committee must approve all changes to the exterior appearance of homes and yards in Cove Gardens.
It is best when a change is submitted for review in advance of the start of any work. A home owner who seeks approval after work begins risks having to lose time and money if the proposed changes do not meet the standards of the committee.
To be sure, the members of ARC seek to work with home owners to achieve a result that is pleasing to everyone in Cove Gardens. Most of the time that is how it works.
The process starts with the homeowner submitting an ARC application form (a link to the form appears below and on the Documents page of this website). The submission is carefully reviewed by the committee at its next meeting. The ARC meets monthly on an “as needed” basis. Often, the proposed “changes” are so clearly within the standards established by ARC that a meeting and formal review are not necessary. For example, the CCRs state fencing is to be no more than six-feet high, cannot come in front of the back line of the home, and must be either natural wood or white vinyl. A proposal submitted in an application that meets all those CCR criteria does not need formal ARC approval.
Traditionally, the committee is chaired by the association’s vice president and includes at least one member who is not a director. Presently, the ARC is chaired by Vice President Debra Kuhl. Other members are Daphnie Boone and President Jordan Mayer.
CCRs Make good neighorhoods
Many of us are familiar with the adage, “Good Fences Make Good Neighbors.” Using the same logic, it could be said. “CCRs Make Good Neighborhoods.”
We all remember neighborhoods we visited years ago that looked clean and showed the collective owners’ pride of ownership. Yards were neatly trimmed, colors were harmonious and garbage cans didn’t stay by the curb 7 days a week- except for that one house with high weeds and an unkempt appearance that detracted from the look of the rest of the neighborhood.
Then we visited that same neighborhood years later. Instead of that one shabby property being cleaned up, now most of the neighborhood looked shabby and you thought, “What a shame, this used to look so nice.” In that same period, the relative value of the property had detriorated because of the poor appearance. Most people didn’t want to live there.
That’s why many subdivision developers, including the original developer of Cove Gardens, file Covenants, Conditions and Restrictions (also known as “restrictive covenants” or CCRs) in the public record at the same time they gain approval from county authorities to build the development. The restrictive covenants require owners to keep up their property in a manner harmonious with the rest of the subdivision and, at least in theory, ensures the development stays neat and nice (like it was when it was all shiny and new). Consequently, relative property values increase rather than decline.
But CCRs are only as good as the paper on which they are written if they are not enforced. That’s where an active Homeowners Association comes in. Though all covenants authorize individual home owners to enforce them, this rarely happens for fear of retaliation and other reasons. By banding together through an HOA, the owners have the clout to speak for all when an owner runs astray of the requirements of ownership iimposed by the CCRs.
In Cove Gardens, thus far, most enforcement has come through persuasion rather than taking owners to court or fining them (remedies granted in the CCRs for Cove Gardens). The HOA board and property manager do their best to be considerate when enforcing the CCRs. Time is given beyond the time required by state law to correct the problem. Understanding unusual circumstances is often required by both sides. Solutions rather than threats are found to bring the owner into compliance.
But no owner should make the mistake of thumbing his or her nose at the friendly efforts employed to obtain compliance. If needed, the HOA will authorize its attorney to go to court to enforce a CCR. Rest assured that if that becomes necessary, numerous attempts to get voluntary compliance were offered and rejected.
It hasn’t happened yet, and we hope we never have to take a neighbor to court, but enforcement of the CCRs is important enough to know we’ll use that remedy if necessary.
After all, the nice, attractive neighborhood mentioned at the top of this article is the ultimate prize we all should agree to seek.