ElderSpirit Community - Architectural Committee

The purpose of the ARC Committee is to ensure that any change or improvement that would affect the outside appearance of the residences should not detract from the harmony of color, design, and location in relation to surrounding structures and topography.

A. Improvement Review Procedures

The ARC shall be given a written proposal of the proposed improvement, specifying the area affected, materials to be used, and estimated date of commencing and ending. The ARC shall, within 30 days after a written proposal has been submitted, either approve, disapprove, or approve with conditions the proposal. If approval is not granted, the ARC shall explain its reasons in writing. In the event the ARC fails to take action within the said 30-day period, the proposal shall be deemed to have been approved. Proposals that are not approved or approved with conditions unacceptable to the applicant may be appealed to the Executive Committee whose decision, if made in accordance with the Bylaws, will be final. The ARC will provide evidence of approval to banks, buyers, or others having, or proposing to acquire, an interest upon request.

The ARC may, from time to time, inspect an improvement that is under construction to assure that it complies with the approved proposal. If the ARC finds that the construction does not conform to the approved proposal, it may order that construction be halted and/or that changes be made. However, it is the owner or head of household, not the ARC’s obligation to ensure that improvements comply with the approved proposal. Upon completion of an improvement, an owner or head of household may request an inspection and a written certificate of approval from the ARC, which shall issue the same, if warranted.

When an improvement is made by an owner, upon completion of the improvement, the owner shall provide the Executive Committee with a documented summary of the cost of such improvement. The Executive Committee shall record in its minutes the acceptance, rejection, or modification of this cost report. This action shall form the basis for calculation of the value of improvement at the time of sale.

B. Special Architectural and Landscape Provisions

In addition to the general provisions the ARC, when reviewing proposals, shall consider the following criteria:

(1) Appearance - Improvements shall be designed to be compatible with the ElderSpirit at Trailview community and shall not have a jarring, garish, or inharmonious appearance. Exterior improvements or alterations shall be designed to be compatible with the existing architecture and landscape.

(2) Location - Improvements shall be located so as not to interfere unreasonably with the views, solar impact or use of common areas and so as to minimize visual impact.

(3) Landscaping - Disturbance of natural ground cover and vegetation shall be kept at a minimum in any landscaping including work intended to improve views.

(4) Energy Efficient Design - All additions shall be designed to meet energy efficient and noise abatement standards to reduce energy consumption and noise generation from heat, ventilation, and air-conditioning systems.