The Architectural Control Committee (ACC) was established under the terms of the various unit covenants of the Sandia Heights North and South subdivisions. The ACC exercises its authority under the terms granted therein. The ACC also serves as one of the standing committees of the Sandia Heights Homeowners Association (SHHA) and operates in accordance with the SHHA bylaws. The SHHA provides all of the funding for ACC operations and the decision to commit the resources necessary to take legal action to enforce an action of the ACC rests with the SHHA Board of Directors, or its representatives, upon advice from the ACC.
The responsibilities and authority of the ACC are set forth in the various unit covenants. The following is a synopsis:
All property owners are required to apply to the ACC, prior to the start of work, for written approval of all plans for construction, other maintenance-type projects, and landscaping, which will affect the external appearance of their property.
The ACC shall review all applications submitted to ensure that the proposed projects are in compliance with the covenants, and then shall approve or disapprove them accordingly. The Chairperson of the ACC may designate one or more ACC members to review routine and limited-scope project applications--e.g. repainting using an existing color, replacing windows, and installing roof mounted solar panels--for administrative approval thereby relieving the need for such projects to be brought before the entire ACC for approval. The Chairperson, however, retains the responsibility and discretion to review and confirm or modify the recommendations for these administrative approvals. All major projects--e.g. new construction and additions--shall be reviewed and approved by the ACC.
The ACC shall exercise due diligence in processing applications and strive to render a timely decision within 30 days of receipt of completed applications. Should the ACC deem a property owner’s application incomplete, the ACC will notify the property owner that the review and approval cannot begin until the needed information has been submitted.
Approved projects shall be monitored by the ACC until construction is completed to ensure that they are built in accordance with what had been approved and are in compliance with the covenants.
The ACC shall act at all times to ensure that property development does not unduly interfere with the natural landscape and homeowners’ visual access to it, and that the resulting construction is in harmony with the natural surroundings and residences in the immediate area.
The ACC shall be the sole and final judge of whether submitted projects are in compliance with the specific provisions, as well as with the spirit and intent, of the covenants. Decisions of the ACC shall be final and not subject to either further review or appeal. The ACC shall from time to time publish and update its Design Guidelines to clarify covenant compliance issues, describe the Committee’s policies and decision-making processes, and provide guidance to assist the property owner in the preparation and presentation of projects that are in compliance with the covenants.
The ACC shall also publish and update, as required, guidelines for the granting of variances. Variances shall be granted only in cases where they are required for the owner to achieve parity with other owners in the immediate area. Variances shall provide relief in ways that achieve this goal but with an eye to minimal deviation from covenant requirements. The ACC shall also submit, for publication in the SHHA newsletter, a summary of all actions taken on applications since the previous issue of the newsletter. A status log of all active projects under ACC management shall also be published on the SHHA website.
The ACC shall establish a fee schedule for applications by non-members of the SHHA and shall collect fees for reviewing of applications and monitoring construction.
The ACC shall consist of no fewer than five members. The ACC Chairperson must be an SHHA Director. At least two members of the ACC must be SHHA Directors. The ACC shall appoint its own members. The SHHA, as the representative of the Sandia Heights community, may recommend individuals for membership to the ACC.
One member of the ACC who is also a member of the SHHA Board shall be designated to serve as a liaison to the SHHA’s Covenant Support Committee (CSC). The ACC liaison to the CSC shall attend the CSC meetings as a regular member, and shall keep both the ACC and the CSC informed of pending issues, recommendations, and actions associated with projects that have a bearing on the responsibility and authority of each Committee.
As a standing committee of the SHHA, the ACC shall:
- Report on its activities at the monthly meetings of the SHHA Board of Directors.
- Turn over all fees collected by it to the SHHA.
- Fully inform the SHHA Board of Directors, or its representatives, of all cases in which legal action is required to enforce the ACC’s decisions, including the issues involved, the ACC’s decision process, and findings.
- Provide its full support to actions taken by the SHHA to enforce the ACC’s decisions.