1. A Request for Modification should be submitted to the Legal Committee at a location within the Neighborhood, as determined by the Committee. When a modification request is received, the Legal Committee will review in it light of the Covenants and Neighborhood Living Standards governing the neighborhood. The request may fall into one of four categories:
2. It may be a routine approval under the established Living Standards; in which case the Legal Committee/Directors and homeowner applicant. Any formal complaints received in response to a decision of the Legal Committee will be directed to the Directors.
3. If a submittal is inconsistent with the Covenants and Neighborhood Living Standards, the Legal Committee shall disapprove the submittal. Any formal complaints received in response to a decision of the Legal Committee will be directed to the Directors.
4. It may be approved if minor changes are made to the submitted plans. For example, a fence may be acceptable in color, style and height, but its positioning on the lot may not be appropriate. The Legal Committee will recommend approval conditional with alterations to the original plans, if conforming to the intent of the Standards, then forward to the Directors for review and approval.
5. Finally, the submittal may fall into an area that requires the Legal Committee to make a decision based on the overall Neighborhood standard which has been established. For example, structures not specifically addressed in the Covenants and Neighborhood Living Standards, but subject to approval, such as rock retaining walls, would fall into this category.
6. In these cases, the Legal Committee would forward their recommendation to the Directors for review. If there is not adequate information to approve the application, a meeting may be called. The Directors shall be asked to review any unusual requests.
7. Everyone involved in the approval process should be a member of the Legal Committee for that neighborhood and serves at the request of the Directors. If there is a dispute as to whether a modification request should be approved, the Directors shall make the final judgment.
8. Committee members are obligated to make fair and reasonable decisions that are in compliance with the Covenants. In the event a decision is challenged, sound reasons for the final decision must be provided, even in cases where the decision is purely subjective.
The verbal approval of any Legal Committee member, and/or an Association representative, such as the Board of Director is not sufficient. All modification approvals must be in writing.
[Form Attached]