2017 JUNE

by Dave Jenkins (Article rerun from January 2016)

 

The Architectural Review Committee… what you should know

 

In the initial documents establishing Barefoot Resort, Silver Carolina  expressed the overriding importance of the Barefoot appearance to Silver Carolina’s reputation as a high quality coastal community developer. An entire chapter (ARTICLE IV) of the Declaration of Covenants, Conditions, and Restrictions for Barefoot Resort Residential Properties (CCRs) was titled:  OVERALL COMMUNITY APPEARANCE: ARCHITECTURE,  DESIGN AND LANDSCAPING.

Community-wide appearance 

The importance of the subject of community wide appearance was paramount to Silver Carolina and the extent of control by Silver Carolina was impressive.  The definitions Article II  (Section 2.12)  defined “Community-Wide Standard”:

“Community-Wide Standard: the standard of conduct, operation, design, maintenance, or other activity generally prevailing throughout the Residential Properties, which shall not be lower than the standards established by Barefoot Resort Joint Committee, Inc., for all properties within Barefoot Resort.  Such standard is expected to evolve over time as development progresses and may be more specifically determined by the Board of Directors, Silver Carolina, the Architectural Review Committee, if any, established pursuant to Article IV, and the board of directors of Barefoot Resort Joint Committee, Inc.”  (emphasis added)

Strict controls were imposed in the CCRs. See the following from Article 4.1(b):

“Except as otherwise provided above, no structure shall be placed, erected, or installed upon any portion of the Properties and no improvements (including staking, clearing, excavation, grading, and other site work, exterior alteration of existing improvements, plantings or removal of landscaping materials, and construction of docks, piers, boathouses or any other similar structure) (such activities being referred to in this  Article as (“Work”) shall take place within the Properties except in compliance with the Master Plan, this  Article and the Design Guidelines, if any, promulgated pursuant to Section 4.3”.  ARTICLE 4.1(b)

Both the Residential and Non Residential CCRs contained strict requirements that “no work shall be commenced on such Owners’ Unit unless and until Silver Carolina has given its prior written approval …” {(4.2 Res and 11.2(a) NonRes)}.
 
Jurisdiction over architectural matters was first reserved to Silver Carolina, and the documents  provided that the BRRA (and the ARC) would receive those powers when   relinquished by Silver Carolina. 
 
“Upon expiration or termination of Silver Carolina’s rights under this Article, the Association shall assume jurisdiction over architectural matters hereunder and the Association, acting through the ARC, shall be entitled to exercise all powers previously reserved to Silver Carolina under this Article….”         {(4.2(b) Res  and  11.2(b) NonRes}}

Exclusive jurisdiction for the ARC

The CCRs carefully distinguish between the Residential Association and sub-associations by the Capitalization of the A  for BRRA and the use of lowercase a for sub-associations.   There is mention of only one Barefoot Resort Residential Owners Association and only one Board of Directors of same.  Likewise there is mention of only one Architectural Review Committee. 
  
Clearly the BRRA was to be the mandatory “Association” {ARTICLE 2.4} and enforce the “Community-Wide Standard” {ARTICLE  2.12}.  Also note that the ARC is specifically included as being part of the evolution of the Community-Wide Standard.   {2.12} and {2.13}  And See ARTICLE 3.2(e) which states: 

“Except as set forth in Section 3.4 and Exhibit “C”, nothing in this Article shall authorize the Board or the members to adopt rules conflicting with the Design Guidelines or addressing matters of architectural control, which shall be governed  by the Design Guidelines and controls described in Article IV.”

The ARC is a separate entity as well as an extension of the BRRA Board of Directors: “the ARC  (the entity having jurisdiction at any particular time is referred to in this Article as the “reviewing entity”)” {(4.3(a)

“The ARC, if and when appointed, shall consist of at least three, but not more than five persons who shall serve and may be removed and replaced in the Board’s discretion.”  4.2(b)

Structure and duties of the ARC

The ARC was empowered to establish Design Guidelines and amendments to the guidelines at its discretion.   {{4.3(a)  Res and 11.3 NonRes)} 
  
Also, anyone wanting to commence work for which prior review and approval is required must file with the ARC an application for approval.  The reviewing entity (ARC) shall within thirty (30) days advise the applicant of either (i) the approval of Plans, or (ii) the disapproval and if it fails to give adequate notice, the approval is deemed granted.   {(4.3(b) Res  and 11.3 NonRes)} 
  
And if construction on any work for which approval has been granted does not commence within six (6) months of approval, it is deemed withdrawn.  {( 4.3(b)} Res  and  11.4(b)(1) NonRes)}
   
Lastly, all work on residential home construction shall be completed within one year and all work on commercial, retail and multi family construction shall be completed within 2 years.

Applications are required

“Prior to commencing any Work for which review and approval is required under this Article, an application for approval of such Work shall be submitted to the reviewing entity in such form as may be required by the reviewing entity or the Design Guidelines. 
 
“The application shall include Plans showing the site layout, exterior elevations, exterior materials and colors, landscaping, drainage, lighting, irrigation, and other features of the proposed construction, as required by the Design Guidelines and governmental requirements as applicable.  The reviewing entity may require the submission of such additional information as it deems necessary to consider any application.”   (4.3(b)
  
Broad authority for ARC decision-making
 
“The reviewing entity may consider (but shall not be restricted to consideration of) visual and environmental impact, ecological compatibility, natural platforms and finish grade elevation, harmony of external design with surrounding structures and environment, location in relation to surrounding structures and plant life, compliance with the general intent of the Design Guidelines, if any, and architectural merit.
 
“Decisions may be based on purely aesthetic considerations.  Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements.”   {(4.3(b)}

Not bound by precedent

The ARC is not bound by precedent. but equitable results may be required if unapproved work is completed.

“Each Owner acknowledges that the persons reviewing applications under this Article will change from time to time and that decisions regarding aesthetic matters and interpretation and application of the Design Guidelines, if any, may vary accordingly. 
 
“In addition, each Owner acknowledges that it may not always be possible to identify objectionable features of proposed work until the work is completed, in which case it may be unreasonable to require changes to the improvements involved, but the reviewing entity may refuse to approve similar proposals in the future.”  [{4.4)}

ARC insulated from interference

Assurance of a harmonious flow of reliability, ARC decisions must be insulated from interference.

“Except as set forth in Section 3.4 and   Exhibit “C”, nothing in this Article shall authorize the Board or the members to adopt rules conflicting with the Design Guidelines or addressing matters of architectural control, which shall be governed  by the Design Guidelines and controls described in Article IV.” {(3.2(e)}

Excerpts from the ARC Guidelines

The Barefoot Resort Architectural Committee (ARC) is a dependent entity of the Homeowners’ Association, Board of Directors, designated and authorized by the recorded Deed, Code, Covenants and Restrictions (CCRs) in the area known as Barefoot Resort to administer the Architectural Guidelines to preserve, for the  mutual benefit of all property owners, the concept of a homogeneous, planned community. 
The CCRs run with the title or deed to your property in the Tracts.  In some cases they may be more stringent than the codes demanded for this area by the City of North Myrtle Beach. 

These Guidelines are not intended to be punitive but are, and always were intended for the protection of the rights of each homeowner in the community. Approvals from the Barefoot Resort Architectural Review Committee (ARC) protect your rights as well as those of your neighbors and help avoid legal complications that may arise from neighbors’ disputes over the proposed construction.  Avoiding or ignoring the Guidelines or flat-out noncompliance with its conditions will only serve to slow down your project and cause additional work for you as well as the ARC.
  
Throughout the Barefoot community, single family homeowners may apply for permission to reconfigure their landscaping within their property lines to enhance the pleasures and benefits of living in our community and to maximize the usefulness of their properties. Prior to construction, homeowners are required to obtain all necessary approvals and permits. This includes approvals by The City of North Myrtle Beach Building Department and Barefoot Resort Homeowners Association’s Architectural Review Committee (ARC). 

All exterior modifications require approval. Consider the review criteria set forth in Section III – The Architectural Standards – and then call the Association Office to discuss the project.