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Project ProceduresOverview: In this page you will find information on the following topics:
What kind of work requires ACC approval? Back to top The covenants require that anything that alters the appearance of a property must be approved in advance by the ACC. This would include the obvious alterations such as constructing a house or detached garage, to adding a fence. The covenants are also explicit in requiring ACC approval of yard ornamentation. An often overlooked situation by homeowners is the requirement to get ACC approval before changing the color or exterior siding material of an existing house. Although this seldom creates a problem, the homeowner that changes a beige house to bright yellow is likely to face complaints by neighbors and thus covenant enforcement activity. Mailbox monuments at driveways are another area where homeowners sometimes find themselves confronted with a covenant violation. This is because certain areas of King's Deer are required to have one style of mailbox whereas other areas must have a different style. A new homeowner may not know the specific requirements that apply to his property and therefore might install what he prefers, only to find a covenant violation notice delivered in the new, unauthorized mailbox. The above example underscores the following fundamental point: Don't assume that what you see on another property in the area is permitted on your property. In some cases the covenants are different for different properties. In other cases the homeowner may have received a waiver for some unique circumstance. It would be a serious error to conclude that you may copy what you see on other properties without being at risk of violating the covenants and Rules of the Association. This is why we emphasize homeowners to first coordinate their plans with the ACC to avoid doing something that will might be a violation of the Association Rules. (See next topic for a definition of "Rules.") Where are the Rules that govern what I want to accomplish? Back to top Those various documents that govern activities within the Association are posted in this web site. Click "Rules, Covenants and Standards" in the left margin of this page. There you'll find (scroll down the page) several documents in Adobe Reader (pdf) format available for download that provide the covenants, standards and policies of this Association. The text on this page collectively refers to the combination of covenants, Design Standards Guidelines, and policies adopted by the Board of Directors, as "Rules". Most of the Rules that govern ACC business are consolidated into the Design Standards Guidelines. Creating A Project Application Back to top Project application forms are available at this web site (click Project Forms, above). Projects fall into one of two categories: These two categories are defined and described below. Applications for construction projects must be submitted using the Construction Project Application form. Other projects should be submitted using the Miscellaneous Project Application form.Submitting A Project Back to top Project Submittal Deadline: Project applications, whether for construction or for miscellaneous projects, must be received the King's Deer Executive Director not later than close of business of the day prior to the ACC meeting. Do not expect the ACC to waive this deadline; please plan ahead.
Submit the application to:
Email applications to: ATTENTION HOME BUILDERS: A $5000 refundable compliance fee and a non-refundable filing fee must accompany every new house construction project application submitted for ACC review. Applications received without the required fees will be immediately rejected and returned. Compliance Fee Procedure During the course of construction, if any variations of the project occur from the ACC approved plans without prior ACC approval the ACC will evaluate the variations and possibly deduct some of the compliance fee from the future refund. When the construction project is completed, $2500 of the refundable compliance fee will continue to be temporarily retained by the Association to serve as a landscape compliance fee, and the remaining balance of the refundable compliance fee (up to $2500) will be refunded to the person(s) who are the owner of the property at the time the ACC authorizes the compliance fee refund. The $2500 retained landscape compliance fee will be refunded if the landscape is completed within the terms of the Association Standards. This refund will be paid to the person(s) who are the owner of the property at the time the ACC authorizes the refund. Visit the Library section of this web site for the current version of the Design Standards. Be sure you have the most current version. Construction Project Definition and Submission Back to top Construction projects typically create a vertical structure, require construction drawings, employ specialized skills, and must be approved by the El Paso County Regional Building Authority. Examples of work in this category are: new house construction, addition to an existing house, enlarging an existing garage, and constructing a detached garage. A filing fee must be included with construction project application or the application will be immediately be returned. The filing fee should be submitted as a check payable to "King's Deer HOA." The filing fee covers the expense to review these projects, and to monitor them from start to completion. Please contact the HOA office for the amount of the filing fee. Construction Project Review by Neighbors Back to top By its very nature, a construction project creates a major change on a property, and therefore can affect surrounding properties. For this reason, neighboring property owners are provided an opportunity to review and submit written comments to the ACC about a construction project application that awaits ACC review. When a construction project application is submitted for consideration, the property owner must post on the property a sign that discloses a construction project is proposed for the property. The sign must be posted for ten days before the ACC will approve the application. The purpose of this sign is to alert neighbors to the fact that an application has been submitted so they may review and comment on the project application. (See the sign) To review a project application before the ACC makes a decision on the project, contact the King's Deer Executive Director at the King's Deer Office and set up an appointment to look over the project application and supporting documents. (The King's Deer Office contact information is available under "Administration" in the left margin menu of this page.) While reviewing the plans, write down your concerns and give them to our Executive Director who will then include them with the application when the project is reviewed by the ACC. You may also attend the ACC meeting to personally present your concerns to the Committee. Keep in mind that the ACC is limited to enforcing the Rules of the Association and therefore comments should be limited to that context. For example, a request to prevent a vacant residential property from being developed to preserve open space will be respectfully reviewed, but probably not supported by the ACC in favor of the owner's right to develop their property within the constraints of the Association's Rules. Please be sure to include your name and phone number with your comments in the event the ACC needs more information from you. Miscellaneous Project Definition and Submission Back to top Miscellaneous projects include all work that does not fall into the Construction Project definition, above. There is no filing fee for a Miscellaneous project. The only document specifically required for a miscellaneous project application is the Miscellaneous Project Application form itself. (Application forms are available by clicking the "Project Forms" link at the top of this page.) However, sufficient information must be provided with the application to completely describe the project in all respects that are a concern to the ACC members, and therefore, it is likely that supplemental documents will be needed. If the ACC cannot make a complete evaluation of the project from the information submitted, the application will most likely be disapproved for lack of sufficient information. The applicant may resubmit with the additional information needed. Attending ACC Meetings Back to top ACC meetings are open to King's Deer members to attend, particularly if they have an application that is being considered for approval by the ACC. Often the applicant's presence allows questions by ACC members to be quickly resolved and thus enhance the opportunity for project approval during the first review by the ACC. Also, the results of the ACC decision are immediately known by the applicant who attends the ACC meeting. The dates, times, and location of ACC meetings are posted on the Calendar page of this web site. How long will it take the ACC to approve my application? Back to top Unfortunately there's no short answer. It depends upon the kind of work you are requesting. For the sake of giving a direct answer, we must assume that your application has been properly completed and provides all the information needed for the ACC to make an informed decision on the application--a situation not often encountered during the first review. Given the preceding assumption, if you are submitting a Miscellaneous Project (defined above) the ACC can, and usually does, approve the application the first time it is reviewed. If you are submitting a Construction Project (defined above) considerably more evaluation is accomplished by the ACC, including a comprehensive desk-top review and at least one site visit. The project will be reviewed at no less than two ACC meetings. Considering that the meetings are usually two weeks apart (sometimes three) you should allow at least three weeks between the date of submission until the date you receive notice of approval. The ACC also requires that a sign be posted at the site at least ten consecutive days prior to the ACC approving the project (the sign is included in the Construction Project Package on the Project Forms page of this web site); failure to comply will ensure a delay and possible disapproval. You can greatly improve the chance of obtaining a project approval by being present at the ACC meeting that will review your application. (See Attending ACC Meetings, above). Notification of ACC Decision Back to top Notice of ACC decisions are sent to applicants through first class mail. Generally these notifications will be received by applicants approximately a week to ten days after the ACC meeting. Applicants may also obtain the results of ACC decisions by reviewing the published minutes of the ACC meeting which are typically available about seven business days after the ACC meeting, and can be seen on this web site by clicking the "ACC Minutes" link at the top of this page. Association policy prohibits releasing ACC decisions before the ACC minutes are approved. Therefore, if you want fast feedback about the ACC decision, you or your representative should attend the ACC meeting. |
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