Visual Impact Consent Override

"Section 10. The Neighborhood Consent Override: Three Avenues to Approval. The Association recognizes that the primary stakeholders affected by an exterior property modification are the applicant and their immediate neighbors—not the Board of Directors. To ensure owners can improve their properties without being blocked by aesthetic disagreements with the ACC, a homeowner needs only to successfully complete ONE (1) of the three following avenues to secure a binding mandate of approval for their project: AVENUE 1: Standard ACC Approval. The Owner submits an application to the ACC, and the ACC issues an approval. AVENUE 2: Active Consent Override (2 Signatures). If the Owner anticipates resistance from the ACC, or if the ACC denies an application, the Owner may submit the architectural application to the ACC accompanied by the affirmative signatures of at least two (2) Owners of qualifying Lots within their 'Visual Impact Zone' (defined as any Lot sharing a physical side or rear boundary line with the applicant, or directly across the primary street). Upon receipt of these signatures, the ACC is strictly mandated to immediately approve the application. AVENUE 3: Passive Consent Override (2 Ignoring Responses). If obtaining physical signatures is impractical, the Owner may submit their application to the ACC to receive a tracking reference number. The Owner then sends a copy of the application (via verifiable delivery, such as Certified Mail) to at least two (2) qualifying Lots in their Visual Impact Zone. The notified neighbors have fifteen (15) days from delivery to submit a written objection directly to the ACC. If the ACC receives zero (0) written objections from the notified neighbors within those 15 days, it constitutes legally binding Implied Consent. The ACC is strictly mandated to immediately approve the application. Limitation: Projects approved via Avenue 2 or Avenue 3 cannot be blocked by the ACC based on aesthetic preferences, 'harmony,' or subjectivity. The ACC may only deny a neighbor-consented project if the ACC can objectively prove it violates a municipal building code, obstructs right-of-way infrastructure, or poses a demonstrable physical safety hazard."