I. ARC INSPECTION PROCESS

FCHOA Purchaser's Handbook - Revision Date: 2021-01-10

1. The ARC maintains an inspection process to help the ARC monitor, for its own purposes, compliance with the Protective Covenants and the ARC Policies and Guidelines, jobsite cleanliness, and the plans approved by the ARC. Inspection is normally performed by the ARC Members and staff, Ford’s Colony Security, and Volunteer Inspectors appointed by the ARC. The inspection process is coordinated by the Architectural Review Committee Manager.  It is not the intent of this inspection program to substitute the need for the Property Owner to control the actions or inactions of the general contractor.  The ARC inspection program is not intended as a service for the benefit of the Property Owner, though indirect benefits often occur, such as the independent observation of violations or noticeable lack of construction progress.

2. The ARC inspection process does not relieve the Property Owner of the ongoing responsibility to ensure that the house and site construction complies with the ARC’s approval and this Handbook.  Since the Property Owner has the burden of supervising and/or contracting for the supervision of the construction, the timeliness or the lack of any notice from the ARC is not relevant to the Owner’s requirement to ensure that construction is consistent with the plans approved by the applicant.

3. Ford’s Colony Security, by virtue of the Roving Patrol, observes construction in progress on a frequent basis. Security also inspects each jobsite to monitor jobsite cleanliness, erosion control, and safety fence enclosure. If a jobsite is considered out of compliance by the Security Officer, the Security Officer will provide notice to the Builder/Owner.  If the discrepancies are not corrected within the period of time specified by the Security Officer, the violations result in an immediate shut-down of construction activity with a warning to the builder and notification to the home owner. A second shut-down will result in a $500.00 fee, depending on the number of shut down issues.  A third or subsequent shut down will result in an additional $750.00 fee and a requirement to provide an $15,000.00 surety deposit to accompany any new construction applications for one year.  Security may at any time refer the problem to the ARC. See Section 2.D.3 of this Handbook for remedies available to the ARC to correct problems.  These fees and deposit amounts are subject to change from time to time and the current fees and deposits will be as shown on Exhibit E.  Shut-down fees may be collected prior to allowing work to continue or may be deducted from the deposit.

4. Volunteers are appointed by the ARC to inspect jobsites from the initial clearing and site work to final grading and landscaping. See Exhibit “F” for the Inspection Checklist used by the volunteers. The volunteers observe noted details of exterior construction to monitor compliance with the plans approved by the ARC. The volunteers do not approve or deny changes in the field. They only report observations of exterior construction compliance. Requests for changes must be made to and approved by the ARC prior to executing the proposed change.  The ARC wishes to emphasize that the volunteers are serving the ARC.  They are not professional inspectors and do not relieve the responsibility of the Owner and Builder to comply with the plans as approved by the ARC.  The ARC volunteers are not authorized to approve changes to plans or construction and do not bind the right of the ARC to approve or not approve changes.

5. Section 2.F. provides information on changes and modifications to house or site plans after the initial approval of the ARC. Property Owners are subject to work being stopped and additional costs for any changes or modifications made without prior ARC approval. The ARC reserves the right to not approve the changes or modifications and to require the Owner to reconstruct in accordance with the plans approved by the ARC. Property Owners are responsible for any change or modification that was not approved by the ARC prior to the construction phase incorporating the change or modification, for any reason, including conflicts between the floor plans and exterior elevations, miscommunication between Owner and designer or Builder, and construction mistakes, oversights, or modifications. The ARC’s primary consideration and approval is based on the exterior elevations of the house. As such, the Owner is responsible for ensuring that the detail notes, interior floor plans, framing, foundation, and site plans conform to the exterior elevations approved by the ARC.

6. Either Security or the assigned ARC Inspector may determine that the house or site conditions, including inadequate erosion/drainage controls and jobsite cleanliness, are not in compliance with the ARC’s approval or this Handbook, and that the situation is such that immediate action to stop work until the discrepancies are corrected is warranted. Such decisions are authorized by the ARC.