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ARC Guidelines

By Patti Messier posted 05-19-2019 19:38

  
I live in a two year old Association.  The Declaration clearly states "NO VINYL FENCING".  The first family moved in a put up a solid white vinyl fence without permission.  The Developer added it to the rules never changed the Declaration.  After the turnover the ARC Committee approved white fences based on the rules only.  Residents noticed the rules were not in line with the Declaration so white fences were never allowed.  Our attorney advised us to grandfather the existing ones and not allow any more.  Interested in your thoughts.
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06-05-2019 23:12

Ask your attorney about notice requirements in resale certificates for unit items not in compliance with current ACC regulations including grandfathered items that cannot be replaced as is, such as a vinyl fence that will need to be replaced a non-vinyl material.  Don't anger a potential owner by waiting to disclose these items since this might have been a buyer negotiated price concession if known up front.