Effective August 2006, property owners will no longer be asked to submit plans for review by the IMPOA ARC committee. An explanation of this change from the IMPOA Board is as follows:

In consultation with two attorneys, the original Indian Mountain grantor Mr. James Campbell, a previous ARC committee chairman, and with due consideration by the IMPOA Board, it was unanimously approved at the regular board meeting of IMPOA on August 5, 2006, to deactivate IMPOA’s architectural review committee (ARC) effective immediately.

The factors contributing to this decision are as follows:

1.      The role of the ARC today is superceded by the Park County code, development requirements, and inspections, making the ARC’s review redundant and a burden on property owners and developers.

2.      Park County has the resources, enforcement powers, and authority to ensure compliance by property owners and developers.

3.      The IM covenants do not empower IMPOA to enforce, approve, or disapprove any construction plan, nor has such authority been legally transferred to IMPOA from the original grantor.

4.      The IMPOA Bylaws are in error by indicating that the organization has the authority to approve, disapprove, and enforce, and as such IMPOA is subject to legal challenge as the Bylaws are currently written. A Bylaw change will be proposed to the IMPOA membership at its 2007 annual business meeting.

5.      Private developers in IM have not generally been going through the ARC review.

6.      This action by IMPOA does not affect the right of each and every property owner in Indian Mountain to take whatever legal action is deemed appropriate to resolve violations of the IM covenants or County requirements