Architectural Review Committee (ARC)

Purpose. This information is furnished to the homeowners of the Walden subdivision to assist them in obtaining approval for additions or modifications to their homes and lots from the Walden Homeowners Association, Architectural Review Committee (A.R.C.).

Background.  The Declarant of Walden Land Company has delegated, in writing, the architectural matters regarding existing residences, to the Board of Directors of the Walden Homeowners Association. Approval of the A.R.C. must be obtained prior to any exterior modifications (including changes in color) to existing structures, any additions to existing structures, or any new structures including but not limited to sun rooms, stand alone garages, work shops, fences, decks, satellite antennas, and sheds.  Authority for the Architectural Review Committee to act on behalf of the Walden Homeowners Association is taken from Article VI, Section 10 of the Protective Covenants for Walden Subdivision.

“No exterior construction, addition erection, or alteration shall be made unless and until plans and specifications showing at least the nature, kind, shape, height, materials, and location shall have been submitted in writing to and approved by Architectural Review Committee … As a condition of approval under this Section, an Owner, on behalf of himself and his successors-in-interest, shall assume all responsibilities for maintenance, repair, replacement, and insurance to and on any change, modification, addition, or alteration. … The Architectural Review Committee shall be the sole arbiter of such plans and may withhold approval for any reason, including purely aesthetic considerations, and it shall be entitled to stop any construction in violation of these restrictions.  Any member of the Board or its representatives shall have the right, during reasonable hours and after reasonable notice, to enter upon any property to inspect for the purpose of ascertaining whether or not these restrictive covenants have been or are being complied with. … In addition to any other remedies available to the Association, in the event of noncompliance with this Section, the Board may, as provided in Article XII, Section 1, hereof, record in the appropriate land records a notice of violation naming the violating Owner.”

Release of Liability for Structural Integrity
From Article VI, Section 10 of the Protective Covenants for Walden Glen Subdivision
“Plans and specifications are not approved for engineering or structural design or quality of materials, and by approving such plans and specifications neither the Architectural Review Committee, the members thereof, nor the Association assumes liability or responsibility therefore, nor for any defect in any structure constructed from such plans and specifications. Neither Declarant, the Association, the Architectural Review Committee, the Board, nor the officers, directors, members, employees, and agents of any of them shall be liable in damages to anyone submitting plans and specifications to any of them for approval, or to any Owner of property affected by these restrictions by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications.  Every Person who submits plans or specifications and every Owner agrees that he will not bring any action or suit against Declarant, the Association, the Architectural Review Committee, the Board, or the officers, directors, members, employees, and agents of any of them to recover any such damages and hereby releases, remises, quitclaims, and covenants not to sue for all claims, demands, and causes of action arising out of or in connection with any judgment, negligence, or nonfeasance and hereby waives the provisions of any law which provides that a general release does not extend to claims, demands, and causes of action not known at the time the release is given.”

The Process for ARC approval. The following process is established to assist homeowners in gaining Architectural Review Committee (ARC) approval for exterior changes to property in the Walden subdivision:

• Read the Protective Covenants for Walden Subdivision.
• Send a letter to the ARC at 208 Walden Glen Road which thoroughly describes the addition or modifications you wish to accomplish.  Include at least the following:
• the purpose of the structure (recreation, boat storage, landscaping, etc.),
• the nature (glass sun porch, stand alone garage, satellite dish, etc..),
• kind (prefabricated, custom, etc.),
• shape (dimensions),
• colors (of materials including brick, stain, paint, etc.)
• materials to be used (treated lumber, brick, etc.),
• location (shown on a plat of your property),
• a drawing with dimensions (height, width, length),
• and an estimate of construction time (must be less than six months).
• Once received, the ARC will review the request within 45 days and return a written approval to the homeowner.  Construction should not begin until both the ARC approval is received and when required, the City of Madison building permit is on hand.
• The ARC may ask you to obtain signatures from your neighbors, particularly if you have a large project that will be seen from their yards. Fences and garages are examples.
• Obtain a Building Permit.  Obtaining and complying with the City of Madison building permits and zoning laws is the responsibility of the homeowner. Permits are generally required for stand alone structures such as garages, for any project requiring electricity or water or sewage, and for any structure which is permanently attached to your home.  More information is available from the Madison City website at:  http://www.ci.madison.al.us/Dept_pages/Comm%20Dev.htm
• Complete the work in accordance with the approved plans and description. Article VI, Section 10 of the covenants levies a $75 plan review fee which shall be waived if all approved work is completed in less than 180 days.
• Enjoy your addition or modification, knowing that how you accomplished it will help to maintain the value of our wonderful neighborhood.

To assist homeowners in submitting as complete a request as possible, please use the  recommended ARC Approval Application.  Feel free to contact the ARC via email at arc@waldenhoa.org or by mail to the address shown below. Thanks in advance for your cooperation in keeping our neighborhood first rate.

Respectfully,
The Architectural Review Committee
Walden Homeowners Association
Architectural Review Committee
208 Walden Glen Road
Madison, AL 35758
arc@waldenhoa.org