HomeMy WebLinkAboutLetter #02 Josh Corwin, Kingswood HOAElectronic delivery via email: evanfiorenza@gmail.com, katefiorenza@gmail.com
January 18, 2022
Evan Fiorenza
Kate Fiorenza
11179 Westminster Way
Carmel IN 46033
RE: Outdoor fireplace structure
Dear Evan and Kate,
As the owners of the property located at 11179 Westminster Way, you are required to comply with the
provisions of the Kingswood neighborhood Conditions, Covenants, and Restrictions (CCR’s). A copy of
the CCRs was sent to you with this letter. It has come to the attention of the Kingswood HOA Board
(HOA Board) that you have constructed a free-standing outdoor brick fireplace on your property without
requesting or receiving approval of the HOA Board. Please accept this letter as notification that the
construction of this structure violates the following provisions of the CCRs:
• Section 3.3 Building Control for failure to submit a request for prior approval of construction;
• Section 3.5 Other Restrictions for possible violation of easements, restrictions and limitations;
• Section 3.6 Building Location and Grade Line Elevation for constructing the structure less than
10 feet from the side lot line;
• Section 3.8 Architectural Guidelines for failure to obtain prior approval of construction;
• Section 4.1 In General for construction of the fireplace less than 10 feet from the side lot line
and the size of the structure;
• Section 4.7 Temporary Structures and Outbuildings on the basis that the color of the structure is
not the same color as the primary developer and not approved by the HOA;
• The structure may also violate Section 6.1 Drainage Easements, and Section 6.6 All Easements, if
it is located within an easement.
As noted above, contrary to Section 3.3 of the CCRs there is no record that you submitted an
Architectural Review form prior to the construction of this structure. Furthermore, neither the
Kingswood Architectural Review Committee nor the Kingswood HOA Board approved its construction.
Given the violations noted above, even if you sought retroactive approval this structure cannot be
approved in its current location, appearance, form and/or size.
Pursuant to Section 10.1 of the CCRs, you are hereby requested to immediately correct the violation(s).
Such corrections may include complete removal of the structure or redesign and relocation, following
the proper application and approval process. To avoid further action, you must either 1) remedy the
violation within 30 days of receipt of this notice or 2) provide a written description of your plan to
remedy the violation withing the next 30 days with a timeline to complete no more than 60 days from
the date of this letter.
Respectfully,
The Kingwood HOA Board