Architectural Process - How it Works
By Angela Barnedo, CMCA, AMS, PCAMSenior Community Manager
The architectural process in Island Creek Community Association (ICCA) is regulated by the governing documents of the Association. Due process procedures are also regulated by the Property Owners Association (POA) act of Virginia.
Every year an annual architectural inspection takes place. During the inspection, the exterior of the home of viewed. Violations for items such as painting, damaged wood, siding maintenance and lawn maintenance are some of the items that can be cited. The governing documents state that each lot owner has the responsibility to maintain the exterior appearance of the home and any structures on the lot.
All exterior improvements on the property are also noted. Recently, management has installed a computer program “TOPS” that is able to track exterior improvements to a property. The first inspection letter stated that homeowners should contact the on-site manager if you receive a violation for not having an application for an exterior improvement and the improvement was already on the house when you bought it. If this is the case, we can make a note to the file. It is important to note, however, that if the violation was first noted in the disclosure packet, the homeowner was made aware of the violation prior to purchasing the home.
If the existing exterior improvement is an approvable item, there is a simple solution to the problem. The homeowner may complete an architectural application, including a picture of the improvement and any detail for the project. This application is then forwarded to the Architectural Committee for approval, and the information is placed in the lot file.
So now first inspections have taken place, files have been checked and first notices have gone out. First inspections typically give the lot owner 45 days to complete repairs. There are some exceptions to the 45 days. For items such as lawn maintenance, 7 days are given to bring the violation into compliance. Trashcans that are stored in public view are asked to be removed within 5 days.
It is also important to note that the association understands that homeowners may be at the mercy of contractors, weather or financial constraints. If this is the case, please contact the on-site manager in writing (this can be done via email.) This saves a lot of time and postage involved in sending out second notices.
After the 45 days are up, a second inspection takes place of the existing violations. If the homeowner has not remedied the violation and has not contacted the on-site manager, a second violation is issued. This second violation gives the lot owner 10 days to bring the home into compliance. Once again, please keep in contact with the on-site manager, and keep her aware of any circumstances. If necessary, extensions can be granted.
Finally, after the 10 days are up for the second violation, a third inspection takes place. If the home is still not in compliance, a due process hearing notice is sent to the homeowner. This hearing notice gives the homeowner 10 days to either bring the home into compliance and/or contact the on-site manager. It will also give a date and time for the hearing if these things are not done.
Hearings are held before the Board of Directors in executive session. During a hearing, the homeowner is able to contest the violation and explain why they are not in violation. The Board of Directors will use the hearing to listen to homeowner and ask any relevant questions. It is important to keep in mind that the Board of Directors will only use this time to deal with the violation in question. If you have other issues not pertaining to the violation sent, you should attend the open session of the regularly scheduled board meeting and address them in the open forum. After all hearings are conducted, the Board of Directors will go into executive session to discuss the hearings conducted and what action, if any, is necessary.
Per Virginia law, associations may assess rules violation charges of either $10.00 per day for a continuing violation for a one-time $50.00 charge. These charges cannot exceed $900.00. After the $900.00 has been capped, the account is turned over the association attorneys for collection procedures, similar to collection procedures for assessments.
As you can see, there is a lot of time and work involved in this process. To save everyone time, money and headache, it is imperative that everyone COMMUNICATE.
We are all neighbors and the appearance and actions of ourselves effect everyone that lives in our community. Several years ago, I found a quote that I try to live by concerning living in a community - "We cannot live only for ourselves. A thousand fibers connect us with our fellow men." ~Herman Melville
As always, if you have any questions or concerns over this process, please contact Cat Follin, the on-site manager at (703) 339-6987 or via email at communitymanager@islandcreek.org. You may contact me or any member of my staff at Sequoia’s main office at (703) 803-9641 or via email at abarnedo@sequoiamanagement.com.