| Dear Neighbors, The latest draft of the Amended and Restated Architectural Guidelines are linked for your review. The new draft was proposed by the Architectural Review Committee (the ARC) and the redlined comments are from the association’s attorney, Mitchell Katine. We will discuss this draft at the Executive Committee meeting on Tuesday, October 8th. This draft is the product of 21 months of work by the Executive Committee. It includes input from many interested parties, including Executive Committee members, the Architectural Review Committee (“ARC”), our outside architect, neighbors, and our attorney. Mr. Katine advised the Executive Committee that the deed restrictions limit what the ARC may consider in approving or denying plans (see Section 2 in the Amended and Restated Architectural Guidelines). The deed restriction limitations on height, frontage, set back, free space, set back of out building, minimum costs, and other restrictions control all residential construction in the neighborhood and may not be violated. Mr. Katine advised that if other restrictions not found in the current deed restrictions are added, then an amendment to the deed restrictions is needed which requires a 2/3 vote of the neighborhood. For that reason, certain restrictions not found in the deed restrictions were stricken by our attorney. He advised that the neighborhood can pass additional restrictions by amending the deed restrictions through the process of a vote by all homeowners in the neighborhood. You will note that the Amended and Restated Architectural Guidelines do not explicitly restate many of the deed restrictions that are currently recited in the 2019 Architectural Guidelines. The removal of those deed restrictions from the Amended and Restated Architectural Guidelines does not mean that the deed restrictions are no longer in control. The drafters of this latest proposed draft felt the deed restrictions did not need to be restated in the new guidelines. Therefore, in your review of the attached Amended and Restated Architectural Guidelines, you may also want to compare the 2019 Architectural Guidelines with the current deed restrictions (both of which are also available on our website at www.oldbraeswood.com). If you have any comments, please send them to president@oldbraeswood.com. Best regards, Ann Garnett, President Old Braeswood Property Owners Association |
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