Article VIII. Architectural Committee, Architectural Control

This document extracts the pertinent information for the Meadow Oaks Homeowners Association covenants as filed with the the Office of the Register of Deeds of Sedgwick County, Kansas.   Official copies can be requested from the Office of the Register of Deeds of Sedgwick County, Kansas.

Article VIII. Architectural Committee, Architectural Control

8.01 Membership. The members of the Architectural Committee shall be three (3) persons, to be appointed annually. Upon the death or resignation of any member of the committee, the Association shall appoint a successor.  The Board shall have full authority to act on behalf of the Association to designate a representative to act on behalf of the Association in the event there is no action from the Association.

8.02 Approval Required of Plans and Specifications. No Structure shall be commenced, erected, placed, moved on or permitted to remain on any Lot, nor shall any existing Structure upon any Lot be altered in any manner which materially changes the exterior appearance thereof, nor shall any new use be commenced on any Lot, unless plans and specifications (including a description of any proposed new use) thereof shall have been submitted to and approved in writing by the Architectural Committee.  Such plans and specifications shall be in such form and shall contain such information as may be required by the Architectural Committee, but in any event shall include (i) a site plan of the Lot or Lots, height, material and location with respect to the particular Lot or Lots (including proposed front, rear and side setbacks) of all Structures, the location thereof with reference to Structures on all adjoining portions of the Property, and the number and location of all parking spaces and driveways on the Lot or Lots; and (ii) a finished grade plan for the particular Lot or Lots.

8.03 Disapproval of Plans and Specifications. The Architectural Committee shall have the right to disapprove any plans and specifications submitted hereunder because of any of the following:

(A) The failure of such plans or specifications to comply with any of the terms of this Declaration;

(B) failure to include information in such plans and specifications as may have been reasonably requested;

(C) objection to the exterior design, appearance or materials of any proposed Structure;

(D) incompatibility of any proposed Structure or use with existing Structure or uses upon other Lots in the vicinity;

(E) objection to the location of any proposed Structure upon any Lot or with reference to other Lots in the vicinity;

(F) objection to the finished grade plan for any Lot;

(G) objection to the color scheme, finish, proportions, style of architecture, height, bulk or appropriateness of any proposed Structure;

(H) objection to parking areas proposed for any Lot on the grounds of (1) incompatibility to proposed uses and Structures on such Lot or (2) the insufficiency of the size of parking areas in relation to the proposed use of the Lot;

(I) objection to the plan for the draining of water from the Lot onto adjacent Lots and or Common Area; or

(J) any other matter which, in the judgment of the Architectural Committee, would render the proposed Structure, Structures or uses inharmonious with the general plan of improvement of the Property or with Structures or uses located upon the Lots in the vicinity.

In any case where the Architectural Committee shall disapprove any plans and specifications submitted hereunder, or shall approve the same only as modified or upon specified conditions, such disapproval or qualified approval shall be accompanied by a statement of the grounds upon which such action was based.  In any such case, the Architectural Committee shall, if requested, make reasonable efforts to assist and advise the applicant in order that an acceptable proposal can be prepared and submitted for approval.

Whatever shall be the decision of the Architectural Committee hereunder, its decision shall be final and conclusive, and no member of the committee shall be liable whatsoever for failure or neglect to approve any plans and specifications submitted.

8.04 Retention of Approved Plans and Specifications.  Upon approval by the Architectural Committee of any plans and specifications submitted hereunder, a copy of such plans and specifications, as approved, shall, at the committee’s request, be deposited for permanent record with the committee, and a copy of such plans and specifications bearing such approval, in writing, shall be returned to the applicant submitting the same.

8.05. Rules and Statements of Policy. The Architectural Committee may promulgate rules governing the form and content of plans to be submitted for approval or requiring specific improvements on Lots, including, without limitation, exterior lighting and planting, and may issue statements of policy with respect to approval or disapproval of the architectural styles or details, or other matters, which may be presented for approval. Such rules and such statements of policy may be amended or revoked by the Architectural Committee at any time, and no inclusion in, omission from or amendment of any such rules or statements shall be deemed to bind the Architectural Committee to approve or disapprove any feature or matter subject to approval or to waive the exercise of the Architectural Committee’s discretions as to any such matter, but no change of policy shall affect the finality of any approval granted prior to such change.  Approval for use on any Lot of any plans or specifications shall not be deemed a waiver of the Architectural Committee’s right, in its discretion, to disapprove such plans or specifications or any of the features or elements included therein if such plans, specifications relating to any Lot, however, shall be final as to that Lot, and such approval may not be revoked or rescinded thereafter, provided that (i) the Structures or uses shown or described on or in such plans and specifications do not violate any specific prohibition contained in this Declaration, and (ii) the plans and specifications, as approved, and any condition attached to any such approval, have been adhered to and complied with in regard to all Structures on and uses of the Lot in question.

In the event that the Architectural Committee fails to approve or disapprove any plans and specifications as therein provided within thirty (30) days after submission thereof, the same shall be deemed to have been approved, as submitted, and no further action shall be required.

8.06 Violation. If any Structure shall be altered, erected, placed or maintained upon any Lot, or any new use commenced on any Lot, otherwise than in accordance with plans and specifications approved by the Architectural Committee pursuant to the provisions of this Article VIII and without the approval required herein, and, upon written notice from the Architectural Committee, any such Structure so altered, erected, placed or maintained upon any Lot in violation hereof shall be removed or re-altered, and any such use shall be terminated, so as to extinguish such violation.

If, fifteen (15) days after the notice of such a violation, the Owner of the Lot upon which such violation exists shall not have taken reasonable steps toward the removal or termination of the same, the Association shall have the right, through its agents and employees, to enter upon such Lot and to take such steps as may be necessary to extinguish such violation, and the Association may establish a special assessment on such Lot for the cost thereof and enforce the same as provided in Article IV hereof.