PROCEDURE FOR APPEALING A CRC DECISION
Appeal Procedures were adopted by the Highlands 460 Civic Association on October 14, 1995. This 2011 revision is intended to update the document per the Amended, Restated and Consolidated Covenants recorded 02-02-2009 and to include a provision for notification in the case of in-person appeals.
The Highland 460 Board of Directors has the final authority for approving or disapproving homeowner requests for exceptions to the covenant requirements or other recommendations of the Covenant Review Committee (CRC). Homeowners have the right to appeal a decision or recommendation of the CRC to the H460 Board at a regularly scheduled, monthly meeting. The appeal may be presented in person, in writing, or both as detailed below.
The appeal process is intended to be a review by the H460 Board of Directors
- to determine if the CRC has properly followed the covenant requirements
- to ensure that the decision of the CRC is reasonable and consistent with prior decisions
- to determine if there is other information presented in the appeal process that should be considered regarding a request for exception from the covenant requirements.
The covenants state in Article II, Section 1, Paragraph 5:
“It shall remain the prerogative and in the jurisdiction of the Committee to review applications and grant approval for exceptions to this Declaration. Variations and deviations from these requirements and restrictions may be made only when such exceptions, variations and deviations do not in any way detract from appearance and aesthetic qualities of the Properties, and are not in any way detrimental to the property values of individuals located in the vicinity or in any way detrimental to the general public health, safety or welfare.”
A homeowner may present any documents that support his/her request for an exception from a covenant requirement. The information provided must directly address the three conditions necessary for granting the exception. A member of the Covenant Review Committee will present, either orally or in writing, the reasoning and information considered by the CRC which led to denial of the homeowner request for an exception or other recommendations.
IN PERSON APPEAL
A homeowner may present an appeal in person. The appeal will normally be scheduled at an appropriate time on the next regularly scheduled board meeting agenda. The homeowner may request to schedule the appeal at a later meeting, but such a request will not provide a basis for delaying action regarding the CRC decision.
Written notice of a request for the H460 Board of Directors to consider an appeal at a regularly scheduled board meeting may be mailed to the Board PO Box (currently H460 Board, PO Box 2691, Centennial, CO 80161) or emailed to the Board (currently email@example.com) a minimum of ten days prior to a regularly scheduled board meeting. Communication via email is preferred so that all board members are alerted as early as possible.
The request to schedule an appeal must list the owner’s name and address, the home’s address (if different from the owner’s address), a phone contact number, and an email address to which the board can send an acknowledgment. Failure to receive acknowledgment will be the homeowner’s notice that their communication has not been received and must be resubmitted. The homeowner requesting the appeal is required to attach a copy of the specific Improvement Request that was denied.
The board will attempt to schedule the appeal at the next regularly scheduled board meeting as requested by the homeowner subject to the availability of CRC volunteer(s) to attend as well as an expected quorum of board members. For appeal requests received per the above requirements, the board will communicate with the homeowner in advance of the meeting regarding scheduling.
DISCUSSION AND VOTE
The Board of Directors may discuss the appeal petition in public or in an executive session. An executive session may be appropriate if the discussions would be potentially embarrassing to the resident, reveal confidential sources, discuss legal opinions with are private to the board, or for any other reason that could prevent an open and complete discussion if held in public. Any board member may request an executive session without revealing his/her reason for the session.
If an executive session is requested, the President will suspend the public meeting and ask everyone, including the CRC member who presented the CRC position, to leave the meeting. The homeowner and the CRC member should remain available in case the board needs further information during their discussion.
The purpose of the executive discussion is only for discussion and no decision on the appeal can be made during the executive session other than table the matter in regular session in order to obtain additional information or the advice of legal counsel.
When the board is ready, the President shall end the executive session and reconvene the public meeting. In that reconvened public meeting, an appropriate motion will be made to approve, deny or defer the request for an exemption to another time and date. At the President’s option a new date for the consideration of the request may be set or delayed until a reasonable later time. A vote on the motion will taken and recorded.
Recorded and submitted by H460 Board Secretary, Richard Wise
Month, day, 2011