Architectural Control Process/Policy
In 2019 The State of New Mexico passed Senate Bill 150 related to Homeowner / Landowner / Planned Unit Associations; Amending Disclosure requirements; allowing alternative dispute resolution to resolve certain disagreements related to these Associations; adding a penalty and broadening the applicability of the Associations Act 497 passed by the State Senate in 2013.
To meet the obligations of the HOA Disclosure requirements the Tierra Grande Board of Directors, approved the following Policies. The enforcement of which the Board of Director’s and the Protective Covenants assign to the Architectural Control Committee.
ARCHITECTURAL CONTROL COMMITTEE (ACC)
BOARD APPROVED: April 17, 2020
INTRODUCTION / HISTORY: On August 31, 2005 the Third-Party Administrators assigned by Horizon Corporation, the original developer of Tierra Grande, relinquished its control over TGIA’s Architectural Control Committee (ACC).
The Tierra Grande Improvement Association is assigned the powers of administering and enforcing the covenants and restrictions contained in the Covenants. A Resolution by the Board of Directors reaffirming its authority and control over the Architectural Control Committee pursuant to Sections 11 and 12 of the Protective Covenants was filed with the Valencia County Clerk on March 3, 2018 and with the Socorro County Clerk on March 12, 2018.
Per the Protective Covenants, the Board of Directors created an Architectural Control Committee, composed of three (3) or more representatives appointed by the Board of Directors of Tierra Grande annually which, shall among other things, have the authority to give approvals. The Committee shall function in accord with the rules and regulations and by-laws for the Committee as established by the Board. The rules and regulations shall among other things insure the existence and continuity of the Architectural Control Committee.
APPOINTMENT TO THE ARCHITECTURAL CONTROL COMMITTEE: At the February 27, 2019 Board meeting, Board of Directors approved the Architectural Control Committee members/appointees as follows:
The Board approved a minimum of three (3) and up to a five (5) person committee. Appointees Include:
- Chair – Board Director – who may or may not be a TGIA landowner/resident
- has sole signature authority to approve/disapprove ACC requests
- votes only in case of a tie
- Administrator – may or may not be a TGIA member
- Resident – must be a TGIA member in good standing
- Appointee – make an effort to seek out a TGIA landowner non-resident
- if not available then a resident in good standing
- Appointee – make every effort to look for an outside business person
- if not available then a TGIA landowner member in good standing
No appointee will be considered who has a close personal relationship with a sitting ACC member.
PRACTICE: The Architectural Control Committee holds individual dignity and respect of persons in the highest regard. It is the ACC’s practice to treat every individual equally without regard to color, religion, age, marital status, sexual orientation, national origin, handicap or disability. This policy applies to all ACC actions and decisions.
POLICY: The Architectural Control Committee will enforce the Protective Covenants in such a manner as to assure that it practices the intent of the Protective Covenants as well as the policy therein. A simple majority affirmation (yea) of the active Committee members is required for approval or disapproval of ACC requests.
FEES / FINES: The Board of Directors of TGIA approved the attached Fee Scale for the provision of ACC Services and Fine Scale for properties that are not in compliance with the Protective Covenants.
LIEN POLICY: The Board of Directors of TGIA approved the attached Lien Policy for properties in Tierra Grande against which fees/fines have been levied for Architectural Control Services and/or Protective Covenant Violations and those fees/fines that remain unpaid.
STEPS/PROCESS FOR CONSTRUCTION APPROVAL:
- Tierra Grande – Contact the TGIA Office 505-864-2345 and/or firstname.lastname@example.org to discuss your plans
- Tierra Grande – Return the Completed Construction Request Form A as well as a plat showing the approximate location of the building and the distance from the property lines
- Tierra Grande Architectural Control Committee (ACC) Review – The ACC will review the material presented by the owner and respond accordingly
- County Zoning Office – If your plan is to build on a lot in the Valencia County portion of Tierra Grande please contact the County Zoning office directly at 505-866-2053 or www.co.valencia.nm.us – ask for a Multi-Purpose Permit Application
- NM State Construction Industries Division (CID) – The CID issues building permits for Valencia and Socorro County properties in Tierra Grande. CID is also responsible for construction inspections and issuing the Certificate of Occupancy. Contact CID at (505) 222-9801 http://www.rld.state.nm.us/construction/default.aspx