Proposed ARC Guideline Changes · Brighton Forest HOA Reform

Solar panels

The first change, and the reason this effort exists: align the guidelines with North Carolina's solar access law.

Rooftop solar

Under N.C.G.S. § 22B-20, an HOA rule that prohibits — or effectively prohibits — rooftop solar is void. The current language can require hiding or "completely encasing" panels, which can defeat a working system.

Current — Solar Collectors

"Solar collectors must be installed as inconspicuously as possible. Whenever possible, collectors should be placed on the rear of the home or on the side that has the least public exposure… Every effort must be taken to camouflage the plumbing and supports of the collectors, which may require completely encasing the collectors."

Proposed

"Homeowners may install solar collectors in the location needed for effective solar access. Consistent with N.C.G.S. § 22B-20, the Association may regulate only the location or screening of collectors, and only where doing so does not prevent their reasonable use or reduce energy output. Tree removal is not permitted to increase solar exposure."

A fair, predictable process

These affect only how decisions are made — not what's allowed. Each replaces guesswork with a clear, even-handed process.

Same project, same answer

Ends the "my neighbor got this but I didn't" problem.

Current

"All decisions are made on a case-by-case basis… Approval of a similar project in the neighborhood does not guarantee approval of all similar projects." / "No previously approved installation shall constitute establishing a precedent for approval."

Proposed

"Where a proposed project meets the same objective criteria as a project previously approved in the community, it will be approved on the same basis, unless the written decision documents a specific site condition (such as drainage or setback) that makes the projects materially different."

A written reason for every "no"

If you're turned down, you'll know exactly why and what to change.

Current

The committee notifies the homeowner of "the ARC's decision," with no requirement to give reasons.

Proposed

"A denial, or an approval with conditions, must be in writing and must cite the specific criteria the application did not meet, explain how it fell short, and state what change(s) would make it approvable."

A decision within 60 days

A timeline you can plan around.

Current

"Approval process will take up to 60 days for processing and receipt of permission of changes." (No consequence if the committee doesn't respond.)

Proposed

"The ARC will issue a written decision, with reasons, within 60 calendar days of a complete application."

A real appeals process

A denial isn't the end of the road — there's a fair second look by people not involved the first time.

Current

"To appeal a declined application, you must submit a written response to the Board of Directors… The response must include specific detailed information that clarifies why the application should be reconsidered." (No deadlines, no independent reviewer.)

Proposed

"A homeowner may appeal within 30 days. The appeal is decided by Board members who were not part of the original decision; the homeowner may present it in writing or in person; and the Board issues a written decision within 30 days."

Know your rights on fines

You can't be fined without fair notice and a real hearing — this just states the protections state law already gives you.

Current

"Failure to adhere to these standards will result in a hearing and fines." (No amounts, no process.)

Proposed

"Enforcement and fines follow N.C.G.S. § 47F-3-107.1: written notice, a hearing before a panel of members who are not officers or directors, fines capped at the statutory limit (currently $100/day), and a right to appeal to the full Board within 15 days."

Your request can't be ignored

A good idea gets a real answer instead of silence.

Current

None. The Guidelines contain no process for homeowners to propose changes, and no requirement that the ARC respond.

Proposed

"Any Owner may submit a written proposal to amend these Guidelines. The ARC will acknowledge receipt within 14 days and respond in writing within 60 days — adopt it, decline it with specific reasons, or place it on a stated meeting agenda."

Clearer rules you can follow

These affect only your own property. Each swaps a subjective judgment call for a standard you can check before you apply.

A color list you can actually see

Pick a color, check the list, done. (Requires the Association to create and attach the palette.)

Current

"Colors should be consistent with the Community color palette/scheme. Bright colors (pastels, pink, etc.) are not permitted."

Proposed

"The approved color palette is attached as Exhibit [X]. Any color within the palette is permitted. Prohibited finishes are listed specifically (e.g., fluorescent/neon)."

Clear "yes-if" rules for skylights and attic fans

Know before you apply whether your project qualifies. (Same approach for pet houses, driveways, pergola materials, and additions.)

Current

Skylights/attic fans "reviewed on a case-by-case basis."

Proposed

"Approved if flush- or low-profile mounted, on a non-street-facing roof plane where feasible, and matching the roof color."

Plain rules for roofing

A specific, approved default and a clear path for anything else.

Current

Roofing materials "considered on a case-by-case basis."

Proposed

"Architectural asphalt shingles in earth-tone/neutral colors are approved; other roofing materials may be approved after review."

A complete list of what needs approval

Certainty about when you do — and don't — need to apply.

Current

"A major modification shall include, but not be limited to, one or more of the following criteria…"

Proposed

"Approval is required only for the following landscaping modifications (this list is complete). A change not on this list does not require approval."

Fair treatment for repairs

Routine maintenance won't trigger an expensive upgrade.

Current

"In the event of deterioration or repairs that result in reconstruction or entire replacement of a structure, such reconstruction or replacement must conform to the most current specifications…"

Proposed

"Repair or in-kind replacement of an existing, previously approved structure may follow its original approved specifications. Current specifications apply only to a complete rebuild that expands the structure or changes its use."

Define "temporary"

No ambiguity about how long "temporary" lasts.

Current

"Temporary" is used to grant or limit rights with no defined length.

Proposed

"Temporary means up to [NN] days unless a longer period is stated in writing in the approval."

What we're keeping

These rules protect one neighbor from another. We keep every one of them at full strength — we only make the wording objective. This is not a free-for-all.

Tree removal

Approval still required — we only replace the subjective "beauty" test with a clear one. Not easier to cut trees.

Current

"Approval for the removal of trees… will be granted unless such removal will substantially decrease the beauty of the Properties…"

Proposed

"Removal of a tree 6 inches or more in diameter requires approval and a licensed arborist's report stating the tree is dead, diseased, hazardous, or otherwise warrants removal."

Your neighbor's view

Still protected; just measurable instead of subjective.

Current

"Changes that will or potentially will significantly obstruct a neighbor's view"

Proposed

"Changes that would add a structure or vegetation exceeding [NN] feet in height within [NN] feet of a neighbor's window line require review for view impact."

Outdoor lighting

Same protection from light spilling onto a neighbor — now a concrete standard.

Current

"Every effort should be made not to disturb or adversely affect… neighbor(s)… lighting deemed to infringe… subject to removal or relocation."

Proposed

"Exterior lighting must be aimed and shielded so no light source shines directly across a lot line into a neighbor's window; offending fixtures must be re-aimed, shielded, or relocated on written notice."

Drainage & water flow

Unchanged. Water still can't be redirected onto a neighbor's lot.

Current

"Alterations can not affect the flow of water for neighboring lots or common area."

Proposed

Unchanged — kept exactly as written.

Your neighbor's voice

Real concerns still count; pure taste isn't a silent veto.

Current

"…if Neighbor has any concerns about proposed project, objections must be expressed in writing… within 5 business days…" (With no statement of what an objection does.)

Proposed

"An objection that identifies a concrete impact under these Guidelines — drainage, encroachment, setback, tree removal, or view — must be weighed and addressed in the written decision. An objection based only on personal taste is advisory."

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