ARCHITECTURAL REVIEW COMMITTEE CHARTER
(Approved 23 May 2012)
WHEREAS, the Board of Directors deems it desirable to establish a committee of homeowners to advise the Board of Directors, and the Kensington Property Manager, in a reasonable and productive manner, on the community development and growth, and implementation of residential changes and modifications . This committee should establish such procedures, and provide such regulations as are deemed necessary to preserve the existing areas of natural beauty, and to assure that architectural changes and modifications are in good taste, good design, harmonious with the surrounding Kensington development, and in general contribute to the preservation of Kensington Square’s reputation as an association of homes as a place of beauty, spaciousness, and quality; to prevent the development of architectural changes which are not of acceptable exterior design or appearance, are of inferior quality, or likely to have a depreciating effect on the surrounding homes by reason of appearance or value; to eliminate conditions, construction, signs, or uses which by reason of their effect tend to degrade the general welfare, safety, and appearance of the community
NOW, THEREFORE, BE IT RESOLVED THAT a standing Architectural Review Committee (ARC) shall be established, having the following terms of reference:
I. RESPONSIBILITY
The primary responsibility of the ARC is to advise and assist the Board in monitoring and enforcing compliance by Unit Owners with the provisions of the Association Instruments, Rules and Regulations, and Resolutions. In fulfilling its responsibility, the ARC shall perform the following functions, which include but are not necessarily limited to:
A. Receive, review, and decide upon Application for Architectural Change Applications (AACA’s) from Kensington Square Homeowners Association Unit Owners for changes or additions to Units or Common Elements, pursuant to the Rules & Regulations.
B. Monitor compliance with and, subject to appeal to the Board, enforce the provision
of the Association Instruments and Legal Documents.
II. MANNER OF OPERATION
The ARC shall conduct its business in strict accordance with the procedures set forth in the Declaration and in the interests of the Association. As such, the Committee is charged with maintaining a constant awareness of the legal obligations, risks, and responsibilities of the Association. With regard to the rights of Owners, the Committee may take no actions other than those authorized in the Declaration and Design Guidelines without prior authorization by the Board being recorded in the minutes.
A. FUNCTIONS
1. Functions of the ARC include the following:
a. Serve as the architectural review board and shall regulate the external design, appearance and location of the Lots and the design appearance, location and use of Garages and Structures thereon so as to enforce the architectural provisions of the Declaration, enforce the requirements of the recorded subdivision plats, deeds or subdivision and Proffers, and to preserve and enhance values and to maintain a harmonious relationship among Structures and the Property:
b. Serve in such other capacities as may be determines, from time to time, by the Board of Directors in enforcing the provisions of the Declaration and Articles of Incorporation and Bylaws of the Association. Any decision or determination of the ARC may be applied by a member affected thereby to the Board of Directors.
Reporting and Channels of Communication
1. The Committee shall, through its Chairperson, submit to the Board, via the Kensington Property Manager, written reports of its activities on a regular basis. Such reports shall include at least the following:
a. a list of applications received
b. a list of decisions on applications
c. violations identified
d. actions taken relative to violations
e. The Committee Chairperson shall prepare and submit to the Board, via the Kensington Property Manager, minutes of all Committee meetings.
f. The above reports will normally be prepared and exchanged between the ARC Chairperson and the Kensington Property Manager via the e-mail system. The Kensington Property Manager will ensure the proper reporting and distribution is made to the Board.
B. ELIGIBILITY
Committee candidates and members shall be unit owners or tenants of unit owners in good standing. Good standing shall be defined as the absence of any liens, privilege penalty, assessment delinquency or pending legal action with the Association.
C. APPOINTMENT AND TERMS
The Board of Directors shall encourage at least five (5) member residents to serve on the ARC. The Board of Directors shall invite interested candidates to express their desire to serve on the committee. Recruitment of candidates may be done through the intranet (e-mail and web site), newsletter, word of mouth, announcement at the annual meeting, or by any other means deemed appropriate by the Board. Committee members in good standing are eligible for reappointment. A good mix of Kensington Square, Kensington Parc, and Kensington Manor representatives on the ARC is desired. Interested candidates should submit a written request for appointment to the ARC Chairperson including any personal or professional information (e.g., related experience or training, service on other committees, etc.), which might assist in the appointment process. The ARC Chairperson should keep the Board advised of the ARC membership roster.
Until such time as the ARC is firmly established with representatives from Kensington Square, Kensington Parc, and Kensington Manor, ARC term limits will not be imposed. For member continuity and participation purposes any member of the ARC who misses three consecutive ARC meetings will be moved to an inactive status and no longer considered a voting member of the ARC. That member may be reinstated upon a written request for appointment as outlined above. For purposes of definition attendance at a meeting means either in person or via telephonic hookup.
D. ELECTION OF OFFICERS
The Board shall approve the Chairperson of the ARC. Members of the ARC may make recommendations to the Board of Directors for the appointment of a Chairperson. Other officers of the Committee may be elected by the Committee membership as deemed necessary and appropriate.
The ARC Chairperson, or his or her designee, shall be responsible for chairing meetings of the Committee. In the interest of ensuring strong communications between the Board of Directors and the Committee, it is expected that the Committee Chairperson or his or her designee will attend each regularly scheduled business meeting of the Board of Directors or, in lieu thereof, to submit a written report to the Board, via the Kensington Property Manager, in advance of the Board meeting. The Committee Chairperson will present Committee recommendations, update the Board on the status of pending Committee tasks, request assistance from the Board as needed and answer any questions the Board may have regarding Committee assignments.
Any committee recommendations which require formal Board action should be submitted to the Kensington Property Manager in advance of the Board meeting for inclusion in the meeting agenda. Finally, the Chairperson, or his or her designee, shall be responsible for checking, logging and responding to all Committee correspondence and E-mails.
E. REMOVAL AND DISSOLUTION
The Board of Directors may remove any ARC member, including the Chairperson, at any time, without cause. Such removal may be immediate, at the Board’s sole discretion. The Board of Directors may disband this committee at any time, with or without cause. The committee may make recommendations to the Board of Directors regarding removal of committee members. A committee member may be removed, upon written notice from the committee Chairperson to the Board of Directors for failure to attend three consecutive meetings without notice or explanation.
F. MEETINGS
All Committee meetings shall be open to the membership. In order for the membership to be reasonably informed of Committee meetings, the Committee Chairperson shall ensure that all meetings of the Committee are listed on the Kensington web site, in the newsletter, and through any other means of posting that the Committee deems appropriate. If it is necessary for the Committee to reschedule or cancel a meeting, the Committee Chairperson shall notify the management staff at the earliest possible time so that the membership can be reasonably notified. The Committee Chairperson shall be responsible for contacting the members of the Committee regarding rescheduled or canceled meetings. The Committee Chairperson should designate a limited time period on each meeting agenda for resident input at the beginning of each meeting.
A majority of the members of the Committee must be present to convene a meeting or conduct formal voting procedures. The number of Committee members should be at least five (5).
A majority of the members shall be three (3) with a five-person committee or at least 51% of the overall ARC membership. A majority vote of members while a quorum is present shall constitute a decision of the Committee. All Committee meetings shall be conducted generally in accordance with Robert’s Rules of Order.
Some ARC review requirements, to be determined by the simplicity of the homeowner’s request, may be decided via an e-mail exchange to facilitate a quick turnaround without the need for an actual meeting. These will be on a case-by-case basis as determined by the ARC Chairperson. These decisions will be submitted to the Board in the same matter as used for normal committee meetings and reporting via the Kensington Property Manager.
The Kensington Architectural Review Committee will work closely with the Kensington Grounds Committee to ensure issues which cross over responsibility lines are properly reported to the Kensington Property Manager for disposition or forwarding to the Board for action.
G. COMMUNICATIONS
In the interest of ensuring strong communications between the Board of Directors and the Committee, it is expected that the committee Chairperson, or his or her designee, will attend each regularly scheduled business meeting of the Board of Directors. The committee representative will present committee recommendations, update the Board on the status of pending committee tasks, request assistance from the Board, as needed, and answer any questions the Board may have regarding committee assignments.
The committee is expected to maintain regular communications with the Board Liaison designated by the Board of Directors, if any, and with the Kensington Property Manager.
It is expected that the committee will provide accurate and timely information about its activities for publication in the newsletter, on the web site and other communication vehicles of the Association. It is the responsibility of the committee to ensure that this information is updated on a regular basis.
H. SUB-COMMITTEES
The committee may designate volunteer sub-committees to work on specific projects on behalf of, and at the direction of, the committee. Sub-committee volunteers are not voting members of the committee unless they have been appointed as such in accordance with Paragraphs B & C of this resolution.