Image Up Advertising & Design

FOUR SEASONS BREEZE | MARCH 2025 27 Architectural Review Committee Common questions that ARC (Architectural Review Committee) members are required to answer have to do with why some houses in the community have been able to make certain changes and others have not. The existence of an ARC is required by both the CC&Rs and California state law. The Davis-Sterling Act (CC Sec 4765.) requires HOAs to provide "a fair, reasonable, and expeditious procedure for making its decision(s)." The law also prohibits ARC decisions that violate any government, building codes, or "applicable law governing land use or public safety." The K. Hovnanian's Four Seasons at Beaumont Community Association Architectural Guidelines and Standards (Guidelines) specifically requires that "each application is reviewed and evaluated by the ARC on the individual merits of the proposed work on a case- by-case basis and is considered in light of specific implications of location and impact on surroundings. There are no automatic approvals. An application for work identical to work already approved by the ARC, or that is identical to existing work anywhere in the community may or may not receive ARC approval. The approval, conditional approval, or disapproval by the ARC of any proposed work does not bind ARC to take the same or similar action on any other proposed work at any other time for the same or any other property owner. While the above information is simple and clear, ARC and its members often encounter homeowners who believe that just because someone else has done work that appears to be similar, they should be able to do the same. How and why does this occur? There are several reasons. The most common are changes to laws and building codes and work that was done without ARC approval. Please remember that the oldest homes in our community are nearing 20 years old. Several laws and building codes as well as the Guidelines have changed over the years. What was allowed or required then may not be acceptable now. Sometimes, the reasons for changes are known and other times the reasons are not remembered and cannot be found. ARC utilizes the current laws, rules, and guidelines when making decisions. One example of this type of change has to do with front yard landscaping. Laws and building codes that required a large percentage of growing material in front yards were replaced, in part due to drought conditions, with ones that now only require that a certain percentage of the yard be water permeable and that all bare ground be covered. Often what has been done in the past has not been approved yet the work has been completed. In some instances, the work was discovered, and the homeowner is working with the BOD to correct the issues. This process can take an extraordinarily long time to complete, and it may appear that the work was approved. On occasion the unapproved work has not been noticed and continues to exist. Regardless of the status of the unapproved work, its existence does not require or allow ARC to approve work if the Guidelines are not met. Examples of this situation are f lagpoles. The Beaumont City code and Guidelines require that the f lagpole be placed at least five feet from the property line. Guidelines also require that the f lag does not f ly over the fence to the neighboring property. Sometimes the owner works to correct the problem, other times it is still unapproved. In neither situation does the existence of unapproved work require ARC to approve a new application. Occasionally a situation may exist that requires an exception to the Guidelines. ARC cannot waive laws or building codes but can make exemptions of Guidelines when warranted. No example will be given since doing so may disclose protected homeowner information. ARC encourages all homeowners to attend the meeting when your application is reviewed. This allows the ARC members to discuss any questions that may arise with your application or any reason a variance may be warranted. All homeowners are invited to attend all ARC meetings. Our meetings are held on the first and third Wednesday of each month at 8:30 am in the RCN Conference Room. ~ Steve Cooley, (801) 815- 5302, cooleyaudit@gmail.com

• Cover