City Permit: Any building or planning permit required by the statutes and regulations of the City of Huntington Beach or requested by the association for the proposed modification of the common area by the applicant. The City requires association approval of the proposed modification before the City will issue a building permit. The homeowner is required to provide the association with a copy of the initial permit specifically issued by the City for the specific proposed modification and the final permit issued by the City. Failure to provide any required permit shall be deemed a violation of the terms of this Home Modification Application by the applicant and grounds for the association to revoke or cancel its approval of the proposed modification. In the event approval is revoked, the association can require the homeowner to remove the modification and restore the common area to its original condition.
Engineering Drawings: Detailed and scaled drawings (and pictures) which provide an accurate depiction of the proposed modification to the common area must be submitted with the application. For some modifications (such as window retrofits or front door replacements), product pictures or manufacturer's brochures will suffice. Some modifications (such as garage extensions) may require plans and drawings prepared by a certified engineer or architect.
Indemnity Agreement: An agreement executed by the homeowner, in which the homeowner confirms
responsibility for the maintenance, repair and replacement of the modified common area element, and any current and future damage to the common area caused by the modification. An Indemnity Agreement will be required for any proposed modification of common area which presents or increases the risk of damage to common area. If the board grants preliminary approval of such proposed modification, then the association will prepare and submit to the applicant the Indemnity Agreement. The applicant must execute the Indemnity Agreement, have their signature notarized, and return the agreement to the association with a check for the legal deposit, before the board will grant final approval of the proposed modification. The Indemnity Agreement will be recorded on the unit's property record title with the Orange County Recorder. Work may NOT commence until a signed and notarized Indemnity Agreement has been returned by the applicant. If the applicant proceeds to make the common area modification without completing this process, the association will require that the modification be removed and the common area restored to its original condition.
Fee: A non-refundable fee will be applied to cover association expenses, including preparation of the Indemnity
Agreement and county recording fees, if applicable. Any additional costs incurred by the association will be
charged to the homeowner. Fee payment must accompany application.
Legal Deposit: A deposit applied by the association toward the legal costs of preparing and recording an
Indemnity Agreement. A check for the required deposit payable to "Broadmoor Huntington Harbour" must accompany the application. The deposit funds will not be used unless the board grants preliminary approval of
the proposed modification and commences the preparation of an Indemnity Agreement. Once preparation of
the Indemnity Agreement commences, the homeowner will be charged for all legal fees and costs thereof,
whether or not the applicant completes the modification. The applicant is responsible for any legal fees and
costs which exceed the deposit and will be refunded any excess deposit funds.
* * * * *
The following chart lists several typical modifications to the common area which the board will consider. This list
is not exhaustive. The table also indicates additional required documentation, fees and other conditions
required by the association for approval. (Where indicated, the association requires a copy of the final approved
City of Huntington Beach building permit. The absence of the association's requirement for a copy of the permit
does not necessarily mean a building permit is not required by the City for the proposed modification. The
association advises that all homeowners contact the City for further advice.)