Why did I receive a Violation Notice?
How to correct an architectural problem
According to the Architectural Control Covenant found in each homes corporation’s legal documents (Declaration of Covenants, Conditions and Restrictions, Article VIII, Section 1), plans for any exterior alterations or additions to be made to a property must be submitted to the ARB for written approval. If a modification that has not received prior approval is noted on a residential property by the Architectural Standards compliance staff, it will be automatically reviewed, and a $25 review fee will be added to the homeowner’s assessment account.
Note: Condominium owners are exempt from this review fee.
- If upon review the modification is approved, the homeowner will receive a letter of confirmation of the approval.
- If upon review the modification is not approved, the homeowner will receive a written notice of violation, the specific correction required, and a deadline for completion.
In order for the violation to be removed, the homeowner must sign and return the “Notice of Compliance” section of the notification and include photos of the corrected items. These items should be sent to the MVF Architectural Standards Department no later than the specified deadline. If a homeowner is unable to meet the deadline, an extension may be considered upon receipt of a written request and an explanation.
Upon receipt and verification of the reported compliance, the homeowner will be informed in writing whether the correction is satisfactory or incomplete. No additional applications will be reviewed for this property until the original violation is resolved.
Failure to report a correction in writing by the deadline will result in the violation case being referred to the MVF Executive Committee for consideration of additional enforcement steps including the suspension of MVF membership privileges and possible legal action. Repeated violations within a 12-month period will be forwarded directly to the Executive Committee.
Architectural Violation Appeal Process
Homeowners have the right to dispute any decision regarding a cited modification, and a second review by the ARB can be requested. Additionally, homeowners have the right to dispute an ARB decision to the MVF Executive Committee. A letter of explanation must be sent to the Architectural Standards Department within 30 days of the date of the initial notice in order to schedule a hearing before the ARB or the Executive Committee.
If a hearing is requested, the homeowner will be informed in writing of the schedule hearing date, time, and location of the ARB or the MVF Executive Committee meeting.
At the time of resale, an appeal letter must be submitted only by the current owner (can be in conjunction with the prospective owner) for the appeal to be considered.
Once all MVF internal dispute resolution procedures have been exhausted, the property owner also has the right to file a complaint with the Montgomery County Commission on Ownership Communities (CCOC) at 240-777-3636. For more information regarding the Architectural Standards Department Compliance and Enforcement Procedures, contact Darla Hyman at firstname.lastname@example.org.