As you may know, the ACC Committee was established in the SunBird Golf Resort Covenants, Conditions and Restrictions (CC&R’s, Article 3) as a standing committee to review proposed modifications and to decide whether or not they are in harmony with the general surroundings of the community while also meeting the requirements of the CC&R’s and the ACC guidelines.
A common clause seen in most HOA guidelines, and one that is present in the SunBird CC&R’s, is the “grandfather clause.” Black’s Law Dictionary defines “grandfather clause” as an exception to a restriction that allows those already doing something to continue doing it even if they would be stopped by the new restriction. Thus, “grandfathering” is allowing an existing action to continue legally when a new action would conflict with the requirements of the CC&R’s and the ACC guidelines. An example of this in the SunBird community would be the use of lattice board which is no longer permitted. Like all planned communities, guidelines evolve and change over the years. A copy of the current CC&R and ACC guidelines can be accessed on the SunBird website at sunbirdhoa.com.
The committee has been very busy this year reviewing and approving homeowner permits. Most permits fall within the ACC guidelines, but occasionally instances arise that must be assessed on a case-by-case basis. When a situation like this occurs, the committee must review the guidelines and strive to keep the proposed modifications in harmony with the general surroundings of the community while meeting the requirements of the guidelines. This oversite by the ACC Committee allows all residents to enjoy, preserve and protect the wonderful amenities and lifestyle expected in this community.
Please remember that if you are adding anything to the outside of your property (pre-existing or not) you are required to obtain a permit before any work can begin. Permits must be obtained at the Administrative Office for a cost of $5. Also, please note that the permit must be placed in a noticeable spot – usually on the front door or its sidelight window.
On behalf of the ACC Committee, thank you for your observance of the guidelines.