|
Architectural standards are designed to protect Village property values by preserving the architectural integrity of Village residential homes and properties as well as commercial properties. The Montgomery Village Foundation is obligated, by its governing documents, to enforce architectural standards and approved guidelines Village-wide. The aim is to maintain property values and protect the investments Villagers have made in their homes.
Exterior modifications made to the houses and yards in Montgomery Village are required to receive prior Architectural Review Board approval before any work is begun. If modifications are made without prior approval, an architectural violation has occurred.
Procedures
Any and all exterior modifications made to a house or property are required to be reviewed by the Montgomery Village Foundation (MVF) Architectural Review Board (ARB) prior to work being done. This will determine if the homeowner is in compliance with the established architectural criteria or approved standards of the community.
• According to the Architectural Control Covenant found in each homes corporation’s legal documents, existing exterior alterations or additions made without recorded ARB approval will be considered and pursued as architectural violations when they are noted on routine or property resale inspections by the architectural standards staff.
• Noted, non-approved exterior alterations or additions will be reviewed automatically by MVF and homeowners will be notified of the decisions.
• There will be a required $25 review fee automatically added to the homeowner’s assessment account. Horizon Run Condominium and Thomas Choice Condominium are exempt from paying this review fee.
• Regardless of the decision related to cited exterior modifications, all property owners have sole responsibility for obtaining required building permits from Montgomery County or other governmental agencies, hiring engineering professionals if needed and managing any water flow issues associated with exterior changes being made.
• The property owner is solely responsible for damages to adjoining properties and all other persons resulting from the changes or additions made to their property, as well as any damages or costs for the repair of green space or community property.
Architectural Violation Notice
• Upon verification of a violation, an architectural violation notice will be sent to the homeowner informing him/her of the decision regarding existing modifications and any requirements needed to bring the modification into compliance by a specific deadline.
• The homeowner is required to report the correction by signing the "Notice of Compliance" section of the violation notice and including any photographs of the corrected items. Any related explanation for the correction should also be included for consideration.
• The signed notice must be returned to the MVF Architectural Standards Department no later than the given deadline for processing. If the homeowner is unable to meet the compliance deadline, a one-time extension may be considered upon receipt of a written request and explanation.
Certificate of Compliance
• Upon receipt and verification of the reported compliance, the homeowner will be informed in writing whether the existing violation case is resolved or incomplete. A "Certificate of Compliance" will be sent to the property owner as closure action on the violation case.
Appeal Process
• Homeowners have the right to dispute the Architectural Review Board (ARB) decision regarding a cited modification.
• At the time of resale, an appeal letter must be submitted only by the current seller (can be in conjunction with the new owner) for it to be considered.
• In order to schedule a hearing before the MVF Executive Committee, a letter of explanation must be received by Mitra V-Shojaei, MVF compliance administrator, within 30 days of the date of the initial notice.
• The homeowner will be informed of the scheduled hearing date, time and location in writing.
• Once all internal dispute resolution procedures have been exhausted, the property owner also has the right to file a complaint with the Montgomery County Commission on Common Ownership Communities (CCOC) at 240-777-3636.
Enforcement
• When a citation for an unapproved existing exterior modification is sent to a homeowner, a required review fee of $25 will be added to the owner’s assessment account.
• Any new application for additional exterior modifications submitted by a cited homeowner will not be reviewed by the ARB until the violation case is resolved.
• Failure to report a correction in writing by a given deadline will result in immediate suspension of MVF membership privileges (pool and community centers usage, voting, etc.).
• Any new architectural violations noted during a follow-up property inspection for a cited violation will be added to the existing case and pursued accordingly.
• Failure to comply with these outlined resolution procedures will result in the violation case being referred to the MVF Executive Committee, including any new architectural violations noted during the enforcement process. Horizon Run Condominium and Thomas Choice Condominium cases will be forwarded to their respective board of directors for further action.
• Unresolved architectural violations will remain as an active file subject to further legal action and any required fees. The suspension of MVF membership privileges will continue.
• Homeowners will be responsible for any and all legal costs and attorney fees associated with architectural compliance.
Compliance with the Architectural Control Covenant is very important to the quality of life within Montgomery Village, especially as it relates to consistency in the maintenance and upkeep of residences.
The Architectural Standards compliance specialists work with residents who have been notified of a violation to bring the violation into compliance, which may also mean restoring the property to its original condition.
| 
Printable Version