ACC Neighbor Notice and Appeal Procedure

This Procedure governs notice to nearby Owners, timing of Architectural Control Committee (ACC) decisions, and appeals to the Board of Directors. It applies to all Lots in Willow Bend Subdivision (340 lots; plat Instrument 104098765).

1. Complete Submittal

An application is “complete” when the Owner has delivered to the managing agent (Westgate Property Management) the ACC application form, required plans and elevations, material samples, the applicable deposit, and evidence that neighbor notice has been given as required below. The thirty-day decision period does not begin until the submittal is complete. The manager shall notify the Owner in writing if items are missing.

2. Neighbor Notice

1. For any exterior alteration visible from the street or from an adjacent Lot — including cladding or stain changes, window replacement on street elevations, fences, major landscape redesign, and solar installations — the applicant shall give written notice to Owners of all Lots any portion of which lies within two hundred (200) feet of any boundary of the applicant’s Lot.
2. Notice shall include a brief description of the work, the applicant’s Lot number, and a statement that comments may be sent to the ACC in care of the manager within fourteen (14) days of the notice date.
3. Notice may be hand-delivered, mailed, or emailed to the address on the Association roster. The applicant shall file a certificate of notice with the application listing Lots notified and the method and date of notice.
4. Administrative like-for-like repairs expressly exempt under the Design Guidelines do not require neighbor notice.

3. Comment Period and ACC Review

The ACC shall consider timely written comments from noticed Owners. Comments are advisory; the ACC decides based on the Declaration, Design Guidelines, and the Design Character (shou sugi ban / charcoal street elevations, steel or dark windows, grasses, turf limited to rear yards, no vinyl on street elevations).

ACC members (as of March 2025: Ortiz, Bridger, Cole, and Park) may inspect the Lot from the street or, with Owner consent, from the property. A quorum of the ACC is a majority of its then-appointed members.

4. Thirty-Day Decision

Within thirty (30) days after a complete submittal, the ACC shall approve, approve with conditions, or disapprove the application in writing, stating reasons for any disapproval or material conditions. If the ACC does not issue a written decision within thirty days, the application is deemed disapproved, and the Owner may either resubmit or appeal to the Board as if a written disapproval had been issued. The ACC and Owner may extend the deadline in writing.

Approvals are valid for twelve (12) months unless a different period is stated. Material changes after approval require a new or amended submittal.

5. Appeal to the Board

1. An Owner aggrieved by an ACC decision (including deemed disapproval) may appeal to the Board by written notice delivered to the manager within fifteen (15) days after the decision date (or after the thirtieth day if deemed disapproved).
2. The appeal shall state the Lot number, the decision appealed, and the specific grounds (e.g., misapplication of Guidelines, conditions that are unnecessary to protect Design Character, or failure to consider material facts).
3. The Board shall hear the appeal at a regular or special meeting within forty-five (45) days after receipt of a timely appeal, with at least seven (7) days’ notice to the appellant and to Owners who submitted written comments on the application.
4. The appellant may present plans and argument; ACC representatives may explain the decision; commenting Owners may be heard at the Board’s discretion. The Board may affirm, reverse, or modify the ACC decision, or remand with instructions.
5. The Board’s written decision is final as to Association process, without prejudice to judicial remedies. Board members who participated in the ACC decision on the same application shall recuse themselves from the appeal vote.

6. Stay of Work

Filing an appeal stays construction of the disputed work until the Board decides, unless the Board lifts the stay on a showing of hardship and adequate protection of neighboring Lots. Work performed in violation of a stay or of a disapproval may be required to be removed at Owner expense.

7. Deposits

ACC deposits are held in the Association’s ACC deposit account and refunded after completion in substantial conformity with the approval, less any costs to cure or inspect. Forfeiture or offset requires written notice to the Owner.

8. Records

Applications, notices, decisions, and appeal records shall be retained by the manager as Association records available to Owners as provided by Idaho law and Board policy.

Adopted 1 June 2019 · Board of Directors, Willow Bend Homeowners Association, Inc.