Article IX
Section 1. Architectural Control
Before anyone shall commence any landscaping or the construction, reconstruction, remodeling, addition to, or alteration of any building, wall, fence, or any structure whatsoever, on any lot or common areas there shall be submitted to the Architectural Control Committee, one complete set of plans and specifications for said improvements, the erection or alteration of which is desired.
...
... to take into consideration the suitability of the proposed building or other structure and of the materials of which it is to be built, the color scheme, the site upon which it is proposed to erect the same, the harmony thereof with the surroundings, the topography of the land and the effect of the building or other structure or landscaping as planned on the outlook from the adjacent or neighboring property.
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When pressed, our HOA approved the playground structure (long after it was erected) and refused to consider its effect on my property.
James Lynch the HOA president
never even made an attempt to consider its effect on my property, he said it was not necessary! Considering the Illegal,
Excessive, Unnecessary & Unreasonable noise that comes from the playground, it's clear it has a
significant impact on my property. They refuse to enforce the covenants, so why even pretend to consider it's effect on my property?
The Dutch Creek Homeowners Association covenants are clearly written and very clearly being ignored by the Mercers and the HOA Board Members. Other HOA's have more
specific langauge about playgrounds, swingsets and trampolines. These eyesore
structures are a problem all over the country and homeowners expect relief from the HOA's they pay fees to.