BAY VISTA HOMEOWNERS ASSOCIATION BENICIA, CALIFORNIA, 94510 REQUEST FOR ALTERATION TO UNIT EXTERIOR OR COMMON AREA OVERVIEW OF REQUEST PROCESS Where required by the City of Benicia, the County of Solano, the State of California, or other regulatory authority an owner must obtain the required permit(s). The homeowner has the obligation to determine when permit(s) are required. A homeowner may defer purchasing the necessary permit(s) until such time as the Committee has conditionally approved an Architectural Request (subject to obtaining the permits); however, complete information on the permit requirements must be included in the final request. Neither the Association, nor the Architectural Committee, nor the Board of Directors shall have any liability in connection with or related to approved plans, specifications, or improvements. The approval of the plans does not mean that Committee’s judgment determines the structural soundness of the improvement nor its effect on existing or future drainage. The Committee may return any Architectural Request: for incompleteness of the information requested in the form, when the material presented does not afford a clear understanding, or when there is missing information regarding permit(s). For completed Architectural Requests, the Committee has 60 days after receipt to act upon the request. All decisions will be in writing and mailed via US Mail. No verbal approvals/disapprovals will be given by the Management Company, Board of Directors, Manager, or the Committee. Review and approval or disapproval will include, but is not limited to, consideration of materials, quality of workmanship, proposed colors, health and safety, and compatibility with the external design and color of existing structures on the lot, and impact on neighboring lots. The location of the improvement with respect to topography and finished grade elevation is also considered. The Association will supply the paint, but not the labor, should the Committee require the color pattern to match our residential structures. Denied Architectural Requests may, at the Committee’s discretion, include suggestions for the homeowner’s modification of the requests. Approval Expiration – Construction must be started within 90 days of the Architectural Committee’s approval or by a date mutually agreed to by the Architectural Committee and the homeowner. Otherwise, the Architectural Committee’s approval shall be deemed withdrawn and plans must be resubmitted in accordance with these rules. Improvement Completion Period – Once started construction shall be pursued diligently in order to assure prompt completion. Such improvement shall be completed within the timeframe listed on the homeowner’s Architectural Request. One extension of this timeframe may be authorized by the Committee provided the homeowner submits supporting evidence justifying this one postponement. Any homeowner whose application has been denied in whole or in part by the Architectural Committee may appeal the Committee’s decision by submitting a written request for hearing to the board. Upon receipt of such written request by a homeowner, the board shall place the matter on the agenda for its next regular meeting and shall notify the homeowner a reasonable time prior to the meeting of his or her right to appear at the meeting and be heard regarding the application. Following such hearing, the Board shall vote to grant the appeal, to deny the appeal, or to take other appropriate action. The board decision shall be recorded in the minutes of the board meeting. The Architectural Rules may be amended from time to time by the Committee. INDEMNIFICATION RESPONSIBILITY Certain homeowner improvements may result in the need to indemnify the association. Indemnification is necessary as it is not just for 138 homeowners to absorb the expenses of damages resulting from the action of one homeowner or the homeowner’s contractors/workers. The homeowner reimbursement to the association could be of great personal expense depending upon the severity of the issue(s) such as listed below: Removal of any improvements not authorized by the Committee or resulting from deterioration or misuse; Damages from an improvement that penetrate the outer residential covering (wood, stucco, asphalt composite shingle) or damages resulting from the removal of the outer residential covering; The temporary removal of an existing improvement should the association require maintenance or renovation access. BAY VISTA HOMEOWNERS ASSOCIATION BENICIA, CALIFORNIA, 94510 Page 1 of 2 REQUEST FOR ALTERATION TO UNIT EXTERIOR OR COMMON AREA The Architectural Committee may only accept a request from a homeowner in good standing. I. In accordance with the Declaration of Covenants, Conditions and Restrictions of the Association, a request is hereby made for an alteration, modification or addition, as follows: (Reverse of form may be used for additional remarks). A. Type of modification or addition: _______________________________ B. Specifications: Please attach scale drawing showing the nature, kind, shape, height and materials and location on property. C. Reason(s) for and/or the effect of such modification or addition: II. It is agreed by owner that all work shall be completed within___________ days of acceptance of this request. III. In respect to any modifications or alteration approved as per this request, I hereby state that as the legal owner of said property I will be responsible and liable for acquiring the necessary building permits, if required. “I warrant that the modification or alteration will meet the standards set forth by the agency issuing any building permit and that the quality of the work will be in conformity with the standards set by the Bay Vista Homeowners association.” IV. I accept the liability of any workmen, myself, any contractor, or 3rd party who may be involved with said modification, alteration or addition and hold harmless the Bay Vista Homeowners Association for any liability arising from accidents occurring on the job or injuries resulting from the work or workmanship itself. V. I assume full responsibility for maintenance and repairs of the modification or alteration and for any liability for injuries caused by such maintenance or repairs. Any exceptions to this warranty may be listed here: __________________________ ___________________________________________________________________ _________________ ______________________________________ Date Homeowner's Signature _____________________________ __________________________________ Print Homeowner’s name Bay Vista Address BAY VISTA HOMEOWNERS ASSOCIATION BENICIA, CALIFORNIA, 94510 Page 2 of 2 REQUEST FOR ALTERATION TO UNIT EXTERIOR OR COMMON AREA Homeowner’s address (if different from Bay Vista address): ___________________________________________________________________ APPROVED _______ NOT APPROVED _______ by the Architectural Committee Date: _______________ Architectural Director _____________________________ Submit two (2) copies with sets of plans and specifications showing the nature, kind, shape, height, materials, and location on the homeowners property. MAIL Requests for Alteration to unit exterior or common area to: Condominium Financial Management Inc. 1001 Galaxy Way #200 Concord CA 94520 ATTN: Bay Vista Architectural Committee The envelope must state on the lower left hand corner – ATTN: Bay Vista Architectural Committee. Envelopes not containing the ATTN designation may result in a delay of the 60 day response period. Bay Vista Homeowners Association has 60 days from the date of submittal to approve or disapprove this request.
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