Bryson Cove Homeowners (BCH) Association

Bryson Cove Architecture Standard - Draft

BCHA released a draft Architecture Standard document for review

BCHA Architecture Standards Draft document is posted below.

Section 1.00. Authority.

As stated in our Deed of Restrictions Article II, Section 2. Design Control Committee “ The Homeowners Association shall establish a Design Control Committee (“Committee”) for the purpose of establishing, maintaining and preserving specific architectural guidelines and standards to carry out the intent of these restrictions with respect to all or any portion of the lots or buildings in the subdivision, and enforcing the applicable provisions of these restrictions. The Committee shall exercise its best judgment to see that all improvements in the subdivision conform to these restrictions. The actions of the Committee, through its approval or disapproval of plans and other information submitted pursuant hereto, shall be conclusive and binding on all interested parties.”

“No improvement, change, constructions, additions, excavation, landscaping, tree removal, or other work or action which in any way alters the exterior appearance of the subdivision from its theretofore natural or improved state shall be commenced or continued until the same shall have first been approved in writing by the Committee. Approval shall be requested by submission to the Committee of plans and specifications, in duplicate, showing the following:

(a) Existing and proposed land contours and grades;
(b) All landscaping, including existing and proposed tree locations and planting areas, and species thereof, mail boxes, exterior ornamentation;
(c) Exterior lighting plans. No yard posts taller than 8 feet, mercury lights, barnyard lighting or area lighting shall be allowed. Architectural lighting on the house shall be compatible with building design;
(d) Walls, fencing and screening;
(e) Patios, decks, pools and porches:
(f) Sample of materials to be used to the extent requested by the Committee; and
(g) Such other information, data, and drawings as may be reasonably requested by the Committee.

Approval shall be based, among other things, upon conformity and harmony of the proposed plans with the design standards and other structures in the subdivision, the effect of the location and use of improvements on neighboring properties, conformity of the plans and specifications to and general intent of these restrictions.”

At its January 24, 2006 meeting the Board of Trustees formed a Design Control Committees and two sub committees, 1) Landscaping Committee and 2) Architectural Committee (“Committee”). The charges given these committees were to develop policies and procedures to ensure that the Board of Trustee fulfills their responsibilities to the Homeowners as set forth in the Articles of Incorporation, Code of Regulations and Deed of Restrictions.

The following are our architectural standards including procedures and policies to assist the Architectural Committee and Owners regarding architectural issues.

Please note that it is the responsibility of the owner to review the Deed or Restriction and applicable City law before submission for Architectural Committee approval. Also be advised that the Architectural Committee cannot approve any change or addition to properties in the subdivision that is not in conformity with Ohio law, the Dublin City Code and our Deed of Restrictions.

Section 1.01. Policy and Procedures.

In general any change that is merely a replacement of materials, which is similar in style color and materials, will not require approval. Any other change that diverges from the original requires approval unless it is excluded per Section 1.01. A of these Articles. The items requiring approval listed in 1.01. A and B are not all-inclusive but are the Committee best effort to include those items that should be approved by the Committee. There may be other improvements not listed in these Articles, which will from time to time arise that will require approval. Owners are responsible for submitting such improvement not listed in Article 1.01 to the Committee for consideration. In addition the Committee will have the architectural guidelines available Rockford Homes, Inc. used when developing Bryson Cove.

A Committee approval is not required for but not limited to the following:

1. Flower boxes that are painted to match exterior color of the house;
2. Minor landscaping (such as planting of seasonal flowers and/or plants);
3. Periodic repainting and restaining with existing color for maintenance;
4. Removal of dead trees and/or tree trimming;
5. Small garden plots behind the house:
6. Storm doors that meet existing color scheme/house color;
7. Electric underground pet fences;
8. Mailbox/Mailbox posts (meetings Deed of Restrictions standards)
9. Holiday lighting and materials,
10. Any exterior changes that are done in the same style, is the same color or done with the same materials
11. Small flower gardens that are in compliance with the City of Dublin’s green space requirements;
12. Replacement of existing exterior lights with lights similar to the originals;
13. U.S., seasonal or decorative flags, Section 2.19;
14. Front yard ornamentation and not considered excessive, Section 2.25;
15. Playground equipment in back of the house and in compliance with Dublin City Code and the Architectural Standards, Section 2.32;
16. Planter boxes in compliance the BCHA Architectural Standards, 2.33.

Note: Follow the procedures outlined in Article I Sections 1.02 (C).

B Committee approval is required for but not limited to the following:

1) Major improvement requiring approval pursuant to the Deed of Restrictions Article II, Subsection (2)

a) Exterior house walls (any change or addition to), Section 2.02.
b) Exterior elevation and grading, Section 2.03.
c) Patios, Patio covers, gazebos, decking, sunrooms, solariums, arbors, or sheds (new or alterations to existing), Section 2.23.
d) Pools and Spas (new), Section 2.31.
e) Balconies (new or alterations to existing), Section 2.15.

Note: Follow the procedures outlined in Article 1.02 A.

2) Other improvements requiring Committee approval pursuant to the Deed of Restrictions Article ll, Subsection (2):

a) Exterior house colors (except if painting with existing trim or stucco color(s), Section 2.01.
b) Roofs (new or alterations to existing), Section 2.04.
c) Satellite dishes (placed on common area or larger than one meter in diameter), Section 2.05.
d) Fans, Section 2.07.
e) Basketball backboards (includes portables that are properly ballasted), Section 2.08.
f) Rain gutters, Section 2.09.
g) Signs (two or more), Section 2.10.
h) Solar energy systems or devices (all), Section 2.11.
i) Screen doors visible from the road, Section 2.12.
j) Skylights (new or alterations to existing), Section 2.13.
k) Awnings or exterior shutters (new or alterations to existing), Section 2.14.
l) Exterior doors (new, or change or addition to existing), Section 2.16.
m) Exterior lighting, Section 2.17.
n) Exterior windows or balcony doors (any replacement window, accent window, or balcony door), Section 2.18.
o) Garage doors, new; Section 2.20.
p) Fences screening and walls (new, or change or addition to existing), Section 2.21.
q) Gates (new, or change or addition to existing), Section 2.22.
r) Walkways, driveways (new), Section 2.24.

Note: Follow the procedures outlined in Article 1.02 B.

3) Prohibitions

a) Radio/TV Antenna and Other Roof Structures (all), Section 2.06.
b) Window air conditioners or window fans visible from public view are not permitted.
c) Absolutely no chain link or wire fence will be permitted on any lot, Section 2.21.
d) Tool, Garden or other sheds are not permitted.
e) Above ground swimming pool, Section 2.31.
f) Metal swing sets, Section 2.32.
g) Dog runs and/or kennels, Section 2.36.
h) Clothing lines and hanging devices, Section 2.37.
i) Temporary structure or outbuildings, Section 2.39.

C. All Applications and Preliminary Plan Review Forms are to be submitted to the Committee.

D. Applications, Forms or other communications regarding the Architectural Standards should be delivered either personally or sent by first class mail (preferably certified mail return receipt) to the Committee at the following address:

Bryson Cove Homeowners Association
Architectural Committee
P.O. Box
Dublin, Ohio 43016

E. No fee is required. The Owner is solely responsible for any costs incurred by the Committee in connection with the review of the Application. However, the Owner must be advised of these costs prior to the Committee incurring any expense. If the Owner disagrees or does not want to incur these costs the Owner can withdraw the Application. Costs include, but are not limited to, postage and copying. All costs incurred by the Committee must be paid before final approval is given.

The Committee is not responsible or liable to any owner of a lot in the subdivision desiring to have plans and specifications approved, by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or failure to approve any plans. Every owner who submits plans to the Committee agrees, that by submission of such plans, he/she/it will not bring any action or suit against the Committee or any of its members to recover any damages. The Committee is also not liable for any expenses entailed to any owner in the preparation, submission and, if necessary, re-submission of proposed plans and specifications.

F. Any improvement (no excavation shall me made, no structures shall be constructed and no materials shall be stored upon any lot) that requires prior approval of the Committee must not begin until the Committee has approved the Application in writing. Owners are advised to contact the Chairperson prior to filing any Application or Form to be sure that they have the most current Standards. The Chairperson will answer any questions you have concerning the Standards.

G. For the purpose of maintaining specific architecture guidelines and standards for the development of all lots within the subdivision, the homeowner of the specific lot, intended to be constructed on, must submit completed applications not less than fifteen (15) full business days prior to the commencement of work of any kind.

H. Two (2) sets of plans or drawings must be submitted with any Application or Form for any Major Improvement(s). Major Improvements include all exterior additions or remodels, or re-constructions (tear downs and re-builds).

I. Neighbor awareness.

1. The intent of neighbor awareness is to advise neighbors who own property adjacent to or in close proximity to the Lot of the proposed improvement(s) by requiring their signatures on the Application or Form and their initials on the proposed plans or drawings. Neighbor awareness does not constitute neighbor approval or disapproval. An impacted homeowner does not have veto power over the proposed project; rather his/her concerns are a factor to be considered by the Committee. No Application or Form will be denied solely because any neighbor refuses to sign an Application or Form or initial the plans or drawings. The Committee will solely determine which neighbors are in close proximity.

2. Any neighbor who objects to a specific Application/Form or plan/drawing may express their objection to the Committee. Any such objection must be in writing and signed. The Committee will evaluate the neighbors' comments or concerns, which may necessitate an Owner/neighbor attendance at a meeting. However, the authority to approve or disapprove the Application or Form is the sole responsibility of the Committee.

3. Neighbor awareness is required for all Major Improvements. Although neighbor awareness is generally not required for other improvements, the Committee reserves the right to request neighbor awareness for any proposed improvement(s), as the Committee deems necessary. Examples of such other improvements include, but are not limited to, structures or vegetation that, in the sole discretion of the Committee, unreasonably interfere with a neighbor's view or access to sunlight.

4. The Owner is responsible for obtaining the neighbor awareness information and will acknowledge by signature on the Application or Form that the information is complete and accurate. The Committee reserves the right to request additional neighbor awareness.

5. The Owner is solely responsible to completely describe the proposed improvement(s) to his/her neighbors, so that neighbors will not later complain of the lack of full disclosure by the Owner. For that reason, Applications or Forms should be completed and all drawings or plans should include a generous amount of legible notes.

6. If the closely affected neighbor(s) residing on the property is not an Owner, the street address of said property should be provided on the Application or Form and the Association will contact the absentee Owner in writing upon submittal to the Committee.

J. The Committee has fifteen (15) full business days from the receipt of a complete Application to approve or deny the Application. A complete Application includes an Application, all plans, drawings, brochures, documents, neighbor awareness, and any other materials required by the Committee. Incomplete submittals will be denied. Owners are notified by mail of the Committee's decision. In the event the Committee fails to approve or disapprove a completed Application within fifteen (15) full business days after such Application has been submitted in accordance with any procedures regarding such submission adopted by the Committee, the Application will be deemed approved.

K. If the Committee disapproves the Application, the owner may revise and resubmit the plans and specifications until approval is received.

L. Approval of improvements by the Committee is for aesthetic purposes only. It is the Owner's sole responsibility to comply with the Deed of Restrictions and all federal, state, and local ordinance and codes. Approval of any improvement by the Committee does not waive the necessity of obtaining the required governmental permits. In turn, obtaining governmental permits does not waive the need for approval by the Committee prior to construction.

M. Construction must commence within sixty days (60) days after approval of the Application by the Committee. If commencement of construction is to be deferred for a period of more than sixty (60) days, a new Application may be required.

N. Major Improvements must be completed within four (4) months from the date of commencement. All other improvements must be completed within thirty (30) days from the date of commencement. If the scope of the project warrants more time, the Owner must contact the Committee.

O. All construction or installations must be carried on between 7:00 A.M. and 6:00 P.M. on Monday through Friday (except holidays) and between 9:00 A.M. and 5:00 P.M. on Saturdays, Sundays and holidays, except that any City of Dublin ordinance, which is more restrictive, will prevail.

P. The use of Common Area for construction access is not permitted, unless authorized by the Association and the Owner signs a waiver of damage and posts a construction deposit for repairs of damage to the Common Area. Any authorization for construction access by the Association must be in writing and must include a specific description of the access area.

Section 1.02 Step by Step Process and Submittal Requirements.

A. Major Improvement Approval Process,

Step 1. (Conceptual Discussion Stage - Optional) Prior to preparation and submittal of preliminary or final drawings or plans, Owners are encouraged, but not required, to have rough conceptual sketches and floor plans prepared for discussion with the Committee. There are no requirements for the format of these sketches and floor plans and no approval or commitments will be granted at this conceptual discussion stage. The sole purpose of this optional step is to give guidance to the Owner.

Step 2, Optional Preliminary Submittal-Advisory Opinion Only. NOTE: IF OWNER ELECTS TO NOT SEEK AN ADVISORY OPINION, SKIP TO STEP 8.

Owner reviews the Standards and has preliminary drawings or plans prepared depicting the proposed improvements. Such drawings or plans must contain all the following:

1. General description
2. Proposed exterior elevations.
3. Roof plan
4. Minimum 1/8" preliminary floor plan with overall dimensions.
5. Set backs required by City of Dublin.
6. Plot plan at 1" = 20' (minimum) showing lot dimensions.
7. Date.
8. Signature(s) of Owner(s) and his/her consultants.

Note: Inadequate or incomplete information will be grounds for the Committee to deny the Application.

Step 3, Owner completes the Application.

Step 4, Owner shows the drawings or plans to his/her neighbors and requests their signatures on the Application and initials on the drawings or plans.

Step 5, Owner and his/her consultants sign and date the drawings or plans to affirm that they have read the Standards.

Step 6, The Owner submits the completed Application and two (2) sets of signed drawings or plans to the Committee.

Step 7, The Committee reviews the Application and the drawings or plans for completeness and conformity to the architectural and aesthetic standards currently in effect. The review of the Application and preliminary drawings or plans by the Committee is advisory only. Any comments, written or oral, made by the Committee shall not be construed as its approval. Written approval or disapproval by the Committee is rendered only upon submission of a final Application and construction drawing(s).

The Owner is strongly encouraged to obtain an advisory opinion from the Committee prior to the preparation of final construction drawings and is solely responsible to ensure all such matters of construction are in compliance with the Deed of Restrictions and all federal, state and local government requirements. However, a governmental permit does not alleviate the Owner's responsibility of obtaining architectural approval from the Committee.

One (1) set of the two (2) sets of the preliminary drawings or plans will be returned to the Owner with advisory comments by the Committee which may serve as a guide in the preparation of an Application and final construction drawings.

Step 8 (Required Final Submittal for all Major Improvements), If Owner has obtained an advisory opinion; Owner reviews the Committee's comments regarding the preliminary drawings or plans and has final construction drawings prepared. If Owner has not elected to obtain an advisory opinion, Owner is required to have final construction drawings prepared. Whether or not an Owner has obtained an advisory opinion, all final construction drawings must contain the following:

1. General description
2. Proposed exterior elevations.
3. Roof plan
4. Minimum 1/8" preliminary floor plan with overall dimensions.
5. Set backs required by City of Dublin.
6. Plot plan at 1" = 20' (minimum) showing Lot dimensions.
7. A material color list and sample board showing the exterior finishes colors for all walls, roofs, windows, and trim and any other finish materials that will be used on the improvement.
8. Date.
9. Signature(s) of Owner(s) and his/her consultants.

Note: Inadequate or incomplete information will be grounds for the Committee to deny the Application.

Step 9, Owner completes the Application.

Step 10, Owner shows the drawings to his/her neighbors and requests their signatures on the Application and initials on the drawings.

Step 11, Owner and his/her consultants sign and date the drawings to affirm that they have read the Standards.

Step 12, Owner submits the completed Application and two (2) sets of signed drawings to the Committee.

Step 13, The Committee reviews the Application and the drawings for completeness and conformity to the architectural and aesthetic standards currently in effect. The Committee approves or denies the Application in writing.

Step 14, Owner reviews the Committee's comments and notifies the Committee if there are any questions.

Step 15, If the Committee has granted final approval and the Owner understands the Committee's comments, and then construction must begin within sixty (60) days after approval by the Committee. If commencement of construction is to be deferred for a period of more than sixty (60) days, the Committee may require a new Application.

Step 16, Construction must proceed consistent with the approved Application and final construction drawings, including any approved deviations or changes. Any deviations or changes after the Application has been approved must be reviewed and approved in writing by the Committee prior to commencement of such deviation or change. Any deviations or changes after the Application has been approved may require neighbor awareness. Inspections by the Committee during construction may occur.

Step 17, Upon completion of the exterior work, as indicated on the approved Application and final construction drawings, including any approved deviations or changes, the Owner must notify the Committee. If the Owner requests an inspection or the Committee chooses to inspect the job for conformance to the plans, as submitted and approved, inspection will be completed within thirty (30) days after the Owner has notified the Committee of completion.

B. Other Improvements Approval Process.

Step 1, Owner reviews the Standards.

Step 2, Owner completes the Application. The Application must include a complete description of the improvement including proposed colors and materials. If applicable, color samples or chips, or samples of any roof material must be submitted with the Application. The Committee reserves the right to request additional information, including, but not limited to, samples of any proposed material, as the Committee deems necessary.

Step 3, The Owner submits the completed Application to the Committee.

Step 4, The Committee reviews the Application, including the need for neighbor awareness, for completeness and conformity to the architectural and aesthetic standards currently in effect. The Committee approves or denies the Application in writing.

Step 5, Owner reviews the Committee's comments and notifies the Committee if there are any questions.

Step 6, If the Committee has granted final approval and the Owner understands the Committee's comments, and then construction or installation must begin within sixty (60) days after approval by the Committee. If commencement of construction or installation is to be deferred for a period of more than sixty (60) days, the Committee may require a new Application.

Step 7, Construction or installation must proceed consistent with the approved Application, including any approved deviations or changes. Any deviations or changes after the Application has been approved must be reviewed and approved in writing by the Committee prior to commencement of any deviation or change. Any deviations or changes after the Application has been approved may require neighbor awareness. Inspections by the Committee during construction may occur.

Step 8, Upon completion of the improvement, as indicated on the approved Application, including any approved deviations or changes, the Owner must notify the Committee. If the Owner requests an inspection or the Committee chooses to inspect the job for conformance to the plans, as submitted and approved, inspection will be completed within thirty (30) days after the Owner has notified the Committee of completion.

C. Improvements Not Requiring Committee Approval

Step 1, Owner reviews the Standards.

Step 2, Owner must complete the improvement(s) in accordance with the Standards.

Step 3, Upon completion of the improvement, the Owner may notify the Committee. If the Owner requests an inspection or the Committee chooses to inspect the job for conformance to the Standards, inspection will be completed within thirty (30) days after the Owner has notified the Committee of completion.

Section 1.03. Conditions of Approval for All Improvements.

A. The Owner shall have the responsibility to ensure that these conditions of approval are enforced upon all persons, including Owner, or firms engaged by the Owner to construct and/or install the improvements.

B. Only signs permitted in the Deed of Restrictions shall be displayed on any house or in any yard. Signs identifying tradesman, contractors, or installers are not permitted.

C. All construction must be carried on between 7:00 A.M. and 6:00 P.M. on Monday through Friday (except holidays) and between 8:00 A.M. and 5:00 P.M. on Saturdays, Sundays and holidays, except that any City of Dublin ordinance, which is more restrictive, will prevail.

D. Rubbish, debris and unsightly material or objects shall not be stored or permitted to accumulate on streets, sidewalks or Common Areas. At the end of each day, the Lot shall be cleaned and loose items secured from wind. Each week, all rubbish, debris and unsightly material or objects shall be removed from the Lot. The Owner is financially responsible for any trash cleanup work and repair work the Committee deems necessary or caused by any construction activity.

E. Building material, including sand and bricks, shall not be stored on streets, sidewalks or Common Areas. All building material must be stored on the Owner's Lot.

F. The placement of trash bins (dumpsters) on streets or sidewalks must be in compliance with all federal, state and local government requirements. The Owner is solely responsible for compliance with any federal, state and local government requirements and for any injury or damage caused by the placement of any trash bin (dumpster). Trash bins (dumpsters) cannot be placed on Common Area.

G. Vehicles, including, but not limited to, trucks, concrete mixers, trailers, compressors, and other similar types of construction equipment, are not allowed in any driveway or other exposed areas or any street except for the purposes of loading, unloading and making deliveries or emergency repairs, unless otherwise approved in writing by the Committee.

H. Proper drainage is required. The Owner is responsible to ensure the original course of surface water flow is not disturbed or altered to adversely affect neighboring Lots or Common Area. Unless adequate alternative provisions are made for drainage, the original drainage system on the Owner's property shall be left undisturbed. This includes, but is not limited to, gutters, downspouts or mounds.

I. The quality of new improvements shall match the quality of existing improvements. The Committee may require the Owner to remove and rebuild improvements that are inconsistent with approved plans. The Owner is solely financially responsible for any removal and rework the Committee deems needed to comply with this restriction.

J. Failure to obtain written Committee approval for improvements as provided herein constitutes a violation of the Deed of Restrictions and may require the construction to be removed at the Owner's sole expense. In addition, any improvement made without the required Committee approval may subject an Owner to a monetary penalty as provided for in Section 1.06 (K) below.

K. Failure to complete the improvement in a timely manner or in accordance with the approved Application and all approved submittals constitutes a violation of the Deed of Restrictions and may require the unauthorized improvement to be removed at the Owner's sole expense. In addition, improvements not completed in a timely manner or in accordance with the approved Application, all approved submittals, or the Standards may subject an Owner to a monetary penalty as provided for in Section 1.06 (K) below.

L. All improvements must be kept in good condition and repair and adequately painted or finished.

M. The repair and maintenance of any improvement shall be the responsibility of the current Owner.

N. These Standards and of the Code of Regulations form the criteria for evaluation of all Applications/Forms, documents, brochures, drawings, plans, neighbor awareness, and any other materials submitted for review and approval by the Committee. These Standards may be amended or supplemented from time to time, as provided for in the Deed of Restrictions.

Section 1.04. Inspection.

The Committee at its sole discretion has the right to have an inspection performed to ensure any work performed complies with the Dublin City Code, and the Bryson Cove Deed of Restrictions. The cost of any such inspection will be at the homeowner’s expense.

Section 1.05. Violations and Hearing Policy

This Section sets forth the Association's policy for imposing sanctions for violations of the Association's governing documents, provisions or Standards herein, pursuant to California Civil Code section 1363 and the Association's CC&Rs and Bylaws. This policy was adopted by vote of the Board of Directors on December 3, 2002 and is effective immediately.

A. Owner responsibility.

1. Owners are solely responsible for complying with the Association's governing documents, provisions or Standards herein. Owners are also ultimately responsible for ensuring that their tenants and guests comply with the Association's governing documents, provisions or Standards herein. In the case of violations by tenants or guests, the Association will notify the Owner of the Lot. Any monetary penalties for non-compliance will be imposed against the Owner.

2. All residents have the right and responsibility to bring to the attention of the Committee violations of any governing document, provision or Standard herein.

B. Violations

1. Violations of any governing document, provision or Standard herein must be reported to the Committee in writing. Any such report must be signed. In addition, any resident who signs a report must be willing to attend any scheduled hearing held in connection with the violation.

a. Violations, whether noted during a Committee drive by or reported by a resident, will be processed in the following manner:

b. If reported by a resident, a Committee representative will investigate the alleged violation(s).

c. If the Committee determines that the alleged violation(s) requires corrective action, the Committee will send a warning letter to the Owner. The letter will state the nature of the violation(s) and a time limit to remedy the violation.

d. If the Owner does not remedy the violation or offer a satisfactory response within the time limit specified in the warning letter, a second letter will be sent notifying the Owner that the matter will be turned over to the Board for further review and action as provided for in Section 1.06(C) (Notice of Violation) below. (The determination of a satisfactory response shall be at the sole discretion of the Association).

C. Notice of Violation.

1. The Board, after receiving notice of any violation(s) as provided for in Section 1.06 (B)(2)(c), will notify the Owner in writing of:

a. The governing document, provision or Standard herein that has been violated;
b. The nature of the violation;
c. The corrective action to be taken by the Owner and the time within which it must be done;
d. The intended or possible sanction(s) if the corrective action is not taken within the prescribed time;
e. The Owner's opportunity for a hearing (either orally or in writing) before the Board. The date of any hearing will be at least 15 days after the date of mailing of the notice; and
f. The time and place of the hearing.

2. The notice will be sent by first-class mail to the most recent address furnished by the Owner in writing to the Association for the purpose of giving notice, or if no such address has been furnished, then to the street address of the Owner's Lot.

D. Owner's Opportunity to Appear and Contest Violation(s).

1. If the Owner elects to contest the alleged violation(s) in person, the Owner is required to notify the Board in writing of the Owner's election to appear in person no later than five (5) days before any hearing. This notice shall be sent by first class mail (or preferably certified mail return receipt) to the following address:

Bryson Cove Homeowners Association
Architectural Committee
PO Box
Dublin, OH 43016

2. If the Owner elects to contest the alleged violation(s) in writing, the Board must receive the Owner's written response, including the Owner's statement and supporting evidence, no later than two (2) days prior to the hearing date. The Owner's response must be sent by first class mail (or preferably certified mail return receipt) to the address referenced in Section 1.06(D)(1). Verbal communication to a Committee or Board Member does not constitute a proper response.

3. A written notification of the Board's decision will be mailed to the Owner within ten (10) days following the hearing.

E. Imposing sanctions.

1. Following the hearing, if the Board has determined that the Owner, his family members, tenants, guests or invitees have violated a particular governing document, provision or Standard herein, the Board may impose one or more sanctions regardless of whether the Owner attended the hearing.

F. Penalties in addition to corrective measures.

1. The imposition of sanctions is in addition to the requirement that Owners comply with the governing documents, provisions or Standards herein. Compliance may include, but is not limited to, correcting, repairing or replacing non-complying conditions, all at the Owner's cost.

2. If an Owner fails to perform corrective measures, the Association, at its sole option, may cause such corrective measures to be made. If the Association elects to perform corrective measures, a Reimbursement Assessment will be levied against the Owner. A Reimbursement Assessment may be enforced and collected by lien and foreclosure against the Owner's Lot and/or other assets.

G. Types of sanctions.

1. Sanctions imposed by the Board may include, but are not limited to, a monetary penalty pursuant to the Schedule of Monetary Penalties adopted by the Board (Section 1.06(K) below) and/or suspension of an Owner's right to vote.

H. Due date.

1. Charges (including Reimbursement Assessments) shall become effective, due and payable five (5) days after notice of imposition is mailed to the Owner.

I. Continuing or repeated violations.

1. The Board, in its sole discretion, shall determine whether a violation is continuing or repeated. In the case of continuing (uninterrupted) violations, the Board may impose a monetary penalty and/or suspend rights once every thirty (30) days until the violation is remedied, provided the notice and hearing requirements are complied with each month. Repeated (consecutive) violations within a thirty (30) day period shall constitute separate violations and monetary penalties may be imposed for each separate violation. In the case of both continuing and repeated violations, the Board may provide only a single notice of violation and opportunity for hearing on a monthly basis.

J. Enforcement costs.

1. From and after the hearing, if the Board has determined that an Owner(s) or his tenants, family members, guests or invitees have violated a particular governing document, provision or Standard herein, the Association will also assess the Owner for legal fees and other costs incurred by the Association to obtain the Owner's compliance concerning the violation at issue. As provided in the Association's governing documents and applicable law, such charges may be enforced and collected by lien and foreclosure against the responsible Owner's lot and/or other assets.

K. Schedule of monetary penalties.

1. The Board of Directors has adopted the following schedule of monetary penalties, which will be in effect until changed by action of the Board:

First violation: $100.00
Second and: $200.00
Subsequent violations increase in $100.00 increments.

L. Other remedies.

1. Association reserves the right to avail itself of any other remedy permitted by law and by the governing documents to enforce the provisions of the governing documents, provisions or Standards of the Association including, but not limited to, bringing an action in court and/or requesting alternative dispute resolution (ADR). Such remedies may be taken in addition to or in lieu of any action already taken, and commencement of one remedy shall not prevent the Association from electing at a later date to pursue another remedy.