Why is WBPC relinquishing control of the architectural review process?
West Bend Property Company (WBPC), the developer and Declarant of NorthWest Crossing (NWX), has completed all residential and commercial land development within the neighborhood. Construction of most structures is nearly complete. The Master Declaration of Covenants, Conditions and Restrictions for NorthWest Crossing (CC&Rs) were drafted anticipating the developer’s control of the architectural review process would end, and the logical time is at completion of development.
Is there an option for the architectural review process to continue?
Yes there is, and the CC&Rs outline how architectural review could continue for NWX. The process calls for a vote of the NWX owners to collectively make this determination. As called for in the CC&Rs, WBPC is coordinating this process.
How many NWX owners would need to vote to keep architectural review and controls in place?
A majority of all NWX owners would need to vote “yes”, not just a majority of owners who choose to vote. There are 1,252 legal lots in NWX. Each legal lot gets one vote, so that means 627 “yes” votes are required for architectural reviews to continue. Not participating in the vote equates to a “No” vote.
Exactly what am I being asked to vote on?
In accordance with the CC&Rs, a majority of owners voting “yes” would result in the formation of an owner-controlled Architectural Review Committee (ARC), structured as a non-profit corporation with a board elected by NWX owners. If not enough “yes” votes are cast, there would no longer be an architectural review process for any alterations, remodels or modifications of NWX properties.
If a non-profit ARC corporation is formed, would that be the same as a homeowners association? Would I be required to pay any fees?
The owner-controlled ARC corporation would not be a homeowners association and would not have any authority to assess dues or act in any capacity other than managing the architectural review process and design guidelines. The CC&Rs would allow the ARC corporation to charge reasonable review fees for managing the review process and it would have the ability to edit and enforce the design guidelines including assessing fines for non-compliance. The owner-elected ARC corporation board would control the processes and fees.
What would be the duties of a nonprofit ARC corporation?
If formed, the duties of the ARC corporation will be to accept, review and manage architectural review applications within NWX. Because nearly all development has been completed in the neighborhood, applications will most likely be for paint color review, fence installations, remodel review, or landscaping improvement review. As previously mentioned, the ARC corporation would have the ability to set fees for the review process, but its authority to assess fees is limited only to the ARC related functions.
Who would run the ARC corporation?
If formed, owners would elect an initial 5-person member board of directors to form and operate the non-profit corporation and ARC. All necessary governing documents, including bylaws, would be created by the board of directors to guide how the non-profit corporation is governed.