Overview

Planning an improvement to your property? Whether you're thinking about a new patio, fence, landscaping, shed, or any other construction, it’s important to remember that all Lot Improvements must be approved by the Architectural Control Committee (ACC).

According to the West Winds Master Homeowners' Association's (West Winds HOA) Covenants, Conditions, and Restrictions (CC&Rs), no Improvements shall be constructed, erected, placed, planted, or installed upon any Lot unless complete plans and specifications have been first submitted to and approved in writing by the ACC and the City of Bozeman.

A Lot is defined as any area of the Property designated as a Lot on any West Winds Subdivision plat map.

Improvement shall mean, but not be limited to buildings, detached accessory buildings, garages, sheds, storage structures or containers, greenhouses, utility buildings, roads, driveways, solar panels, ponds, parking areas, sidewalks, walkways, fences, walls, retaining walls, poles, basketball goals, decks, patios, decks, balconies, patio covers, porches, landscaping, excavations, rocks, hedges, plantings, plant beds, planted trees and shrubs, and all other improvements of any type of kind.

The ACC ensures that all improvements comply with the CC&Rs and community standards. Additionally, the ACC may develop Design Guidelines that further inform and guide the property's permissible and recommended architectural elements, landscaping, and other aesthetic aspects. If authored, the ACC and the Board of Directors may update these additional Design Guidelines as necessary. These guidelines are also binding on all property owners as per the West Winds governing documents.

Additional Approvals or Permits: In addition to ACC approval, you must obtain all necessary permits and approvals from relevant governmental entities prior to construction. All Improvements and ACC Submissions must meet the City of Bozeman's adopted building codes, ordinances, regulations, and other applicable laws. 

Compliance helps protect property values and maintains the West Winds community's aesthetic and architectural standards and integrity.

Instructions:

Lot Owners must complete the following application form and submit it along with all required documentation to the West Winds HOA Architectural Control Committee (ACC)/Board of Directors to initiate the review and approval process before commencing any Improvement project on their Lot.

Incomplete applications or missing documentation will delay or void the review process. After the HOA ACC/Board of Directors receives your completed ACC Application, including receipt of your review fee payment, it may take up to 30 days to review and respond to your initial submission as well as any subsequent submissions of revised, supplemented, modified, or amended application materials or documentation. Please plan accordingly. 

Download the West Winds HOA CC&Rs

Submission Checklist:

ACC Review Application requirements include, but are not limited to, the following:

1. Homeowner Information
2. Detailed Plans and Specifications
3. Site Plan (bird's-eye view)
4. Materials and Colors List
5. Elevations/Sketches (vertical view)
6. Neighbor Notification Form (if applicable)
7. Application Signature
8. Submission of Completed Online ACC Application Form
9. Payment of ACC Review Application Fee

ACC REVIEW FEES

Project Type Description	Consultant Fee	Admin Fee	Total Review Fee
Detached Storage Building or Shed	$150	$100	$250
Fence	$150	$100	$250
Solar Panels	$150	$100	$250
Remodel or Structural Addition to a Single-Family Residence	$250	$100	$350
NEW Single-Unit	$350	$100	$450
NEW Multi-Unit	$300/Unit	$100	$TBD*
Multiple Improvements	$TBD	$100	$TBD*
Other	$TBD	$100	$TBD*

*To Be Determined (TBD): For Lot Improvement Projects involving OTHER types or Multiple Units or Multiple Types of improvements (i.e. combination(s) of shed, fence, deck, patio, parking area, landscaping, irrigation, etc.) or other more basic or complex projects, a custom-quoted Consultant Fee will be required in addition to the standard HOA Administrative Fee. After submitting your application, the HOA will notify you of the specific ACC Review Application Fee that has been quoted. 

NOTE: Additional reimbursement charges will be billed to the applicant for any additional costs incurred by the HOA for its ACC Consultant to review further an applicant’s modified, supplemental, or revised application materials (up to $250/hour) that an applicant may additionally submit during the review process beyond the initial application submission. Charges will be posted to the applicant's PayHOA account and must be paid before final approval.

NOTE: Review Fee must be paid before your application can be reviewed and processed.

 Payment Instructions

Total Review Fee:	Consultant Fee + $100 Admin Fee
Payable To:	West Winds HOA
	Upon submission, ACC Review Fees will be assessed and can be settled through your PayHOA account. Payment is required before your application can be processed and reviewed.

Per CC&Rs Section 11.3:

(a) The Committee may delegate its responsibilities for reviewing drawings and specifications, except final review and approval as may be required by the Design Guidelines, to one or more of its members or architectural consultants retained by the Committee. Upon any such delegation, the interim approval or disapproval of drawings and specifications by the member or consultants shall be equivalent to interim approval or disapproval by the entire Committee.

Per CC&Rs Section 11.4(h): 

• Architectural Control Committee (ACC) is authorized to charge a reasonable administrative fee for the review of plans and specifications.

• Payment of the required charge shall be a part of and condition to, the submittal of the application, plans and specifications for committee approval.

• In addition, the Committee may require that the applicant(s) reimburse the Committee for the actual expenses incurred by the Committee in the review and approval process. Such amounts, if any, shall be levied in addition to the assessments against the lot for which the request for approval is made, but subject to the Association's lien for assessments and subject to all other rights of the Association for the collection of such assessments.

West Winds HOA Architectural Control Committee (ACC) Approval Process

The Architectural Control Committee (ACC) oversees all exterior modifications, additions, and landscaping changes within the community to ensure compliance with HOA guidelines and maintain neighborhood aesthetics and property values. All improvements require written approval before construction begins.

1. Submission Requirements

A complete ACC Review Application must be submitted to proceed, including the following:

A. Plans & Specifications (Required)

Submit detailed, scaled plans and specifications that comprehensively outline your project. Your submission must include:

• Comprehensive Drawings – Architectural or engineering plans detailing the proposed structure, landscaping, or improvement.
• Dimensions & Scale – Drawings must be to scale, showing precise height, width, depth, and spacing measurements.
• Materials & Finishes – List all materials, finishes, and colors, including manufacturer details if applicable.
• Construction Methods – Describe techniques and processes to ensure compliance with structural and safety standards.
• Supporting Documents – Include blueprints, schematics, photos, or any additional details that clarify the scope of work.

📌 Note: The ACC must approve plans before submitting applications for site plans or building permits to the City of Bozeman. Any modifications after approval will require resubmission.

 

B. Site Plan (Required)

Provide a detailed site plan that accurately illustrates the placement of the proposed improvement(s) in relation to existing structures and property features. Your submission must include:

• Location & Orientation – Show the precise placement of the improvement(s) relative to structures, hardscapes, patios, driveways, property lines, etc.
• Measurements & Setbacks – Clearly indicate all dimensions, distances, and required setbacks.
• Property Boundaries – Outline lot lines to ensure compliance with HOA and municipal regulations.
• Scale & Clarity – Must be drawn to scale with labels.
• File Submission – Attach the site plan or provide a Dropbox/Google Drive link.

 

ACC Approval & Utility Easements

When submitting a site plan for ACC approval, the following must be included:

✅ Clearly marked utility easements and their dimensions.
✅ Proof that no part of the proposed improvement infringes on an easement.
✅ An acknowledgment that any prohibited or unauthorized improvement or modifications within an easement may be subject to removal at the owner's expense.

📌 Note: The ACC cannot override utility easements established by recorded plats or governing authorities​.

Improvement & Construction Restrictions on Utility Easements

Utility Easement Guidelines

A blanket easement is established across all properties for installing, maintaining, and repairing utilities, including but not limited to:

• Water & Sewer Lines
• Gas & Electrical Systems
• Telecommunications & Cable Lines
• Security & Communication Systems
• Emergency Vehicle Access

📌 Note: No structures, fences, landscaping, or other improvements may obstruct these easements​. All improvements must respect required setbacks from utility easements.

Prohibited Improvements - No Permanent Structures – No buildings, sheds, walls, parking pads, home additions, or other permanent improvements are permitted to be placed within or obstruct access to an existing utility easement. Any improvement encroaching into an easement may be subject to removal at the owner's expense.

Landscaping limitations - Trees, shrubs, or large landscaping features must not encroach upon or block easement access. If removal is required for maintenance, the HOA or utility provider is not responsible for replanting or restoration.

Homeowners must not interfere with underground or overhead utility lines.

Drainage & Water Flow – No plantings or other modifications should alter drainage patterns or block stormwater flow within utility easements.

 

C. Elevations & Sketches (Required)

Submit detailed elevation (vertical) drawings, sketches, or diagrams illustrating the proposed improvement(s) from multiple perspectives. Your submission must include:

• Side View Representation – Clearly show how the structure or improvement will appear from various angles, including street-facing and neighboring property views.
• Design & Style – Depict the overall shape, architectural style, and key design elements.
• Dimensions & Scale – Indicate height, width, depth, and other measurements.
• Materials & Colors – Indicate all materials, finishes, and colors used in the design.
• Supporting Annotations – Label key features, such as windows, doors, roofing, fencing, or decorative elements.

📌 Note: All sketches must align with HOA guidelines and accurately represent the final appearance. Any modifications after approval will require resubmission.

 

D. Materials & Colors List (Required)

Provide a comprehensive and detailed description of all materials to be used in the improvement(s). Your submission must include:

• Material Type – Specify all materials (e.g., wood, brick, concrete, vinyl, metal) and their intended use.
• Colors & Finishes – List the exact colors, finishes, and any relevant brand or manufacturer details.
• Dimensions & Specifications – Include size, thickness, and other applicable measurements for each material.
• Supporting Visuals – Upload clear images, manufacturer samples, color swatches, or reference photos of the materials.

📌 Note: All materials must comply with HOA guidelines. Unauthorized changes will require resubmission. Any modifications after approval will require resubmission.

Additional Approvals or Permits: In addition to ACC approval, you must obtain all necessary permits and approvals from relevant governmental entities prior to construction. 

All ACC Submissions must meet the City of Bozeman's adopted building codes, ordinances, and regulations. 

Final Submission Guidelines

✔ Ensure all documents are clearly labeled and high-quality.
✔ Preferred file formats: PDF, JPG, PNG.
✔ For large files, provide a Dropbox/Google Drive link.
✔ Incomplete submissions may delay approval.

By submitting an application, you acknowledge that any unauthorized modifications to approved plans may result in HOA action.

Neighbor Notification/Approval Form: If applicable, include a form signed by your adjacent neighbors acknowledging that they have been informed and/or agree with your proposed project. This includes, but is not limited to, fences shared between or with other property owners.

2. ACC Review & Decision Process 

A. Initial Review

1. The ACC or its designated representative may conduct a site visit before reviewing submissions.
2. The Committee reviews submissions to ensure compliance with the CC&Rs, Design Guidelines, and community aesthetics.
3. Incomplete applications will be returned for revision, delaying approval and may incur additional costs.

 

B. Decision Timeline & Notification

• The ACC will respond or provide a written decision (approval, conditional approval, or denial) within 30 days of receiving a complete application submission and/or any subsequently submitted application supplements, modifications, revisions, or amendments.
• If the Committee fails to respond within 30 days, it does not imply approval. Written approval is required before work begins.

 

C. Approval Conditions

• Approval is valid for one year. If construction does not begin within this timeframe, resubmission is required.
• Changes to approved plans require resubmission. Unauthorized modifications may lead to enforcement actions.

 

D. Grounds for Denial

Applications may be denied for any number of reasons, including, but not limited to:

• Incomplete or inaccurate application submission.
• The application is not submitted in good faith.
• The improvement does not comply with CC&Rs or Design Guidelines.
• The color is not an approved earth tone.
• The design is not in harmony with surrounding properties.
• The improvement is deemed detrimental to the community.
• Improvement(s) do not conform to city codes or ordinances.

📌 Note: Denials can be appealed to the Board of Directors within 30 days.

3. Construction & Compliance

• Once approved, construction must begin promptly and proceed continuously until completion.
• Construction must not exceed 18 months unless an extension is granted by the ACC. Otherwise, resubmission is required.
• All necessary City of Bozeman permits must be obtained before construction begins.
• The ACC or its designated Agent may inspect the project at any time to ensure compliance with approved plans.

4. Variances & Appeals

• The ACC may grant variances for topographical challenges, environmental factors, or unique circumstances.
• Variances must be approved in writing and do not set a precedent.
• Appeals of denied applications must be filed with the HOA Board of Directors within 30 days.

5. Enforcement & Penalties

• Unapproved construction or deviations from approved plans may result in fines, mandatory removal, or legal action.
• The HOA has the authority to seek injunctive relief against violations​.
• Costs incurred by the HOA for enforcement may be assessed against the property owner.

West Winds Master Homeowners' Association, Inc. (HOA)

Terms & Conditions for ACC Application Submissions

By submitting an Architectural Control Committee (ACC) Review Application, the Lot Owner (referred to as "Owner") acknowledges and agrees to the following terms and conditions established by the West Winds Master Homeowners' Association, Inc. (referred to as "HOA"). These terms are intended to ensure that all property modifications, improvements, and additions within the West Winds community are consistent with the Covenants, Conditions, and Restrictions (CC&Rs), thereby preserving the aesthetic and structural integrity of the neighborhood.

1. Compliance with CC&Rs

1.1 Affirmation of Compliance:
The Owner affirms that any proposed construction, modification, improvement, or addition to their property will fully comply with all relevant provisions of the West Winds HOA CC&Rs.

1.2 Understanding of CC&Rs:
The Owner acknowledges having thoroughly reviewed and understood the sections of the CC&Rs pertinent to their application. This includes but is not limited to, the definition of "Improvement," as outlined in Section 1.25, which encompasses various structures and landscaping elements.

1.3 Pre-Approval Requirement:
In accordance with Section 11.4(a) of the CC&Rs, no improvement shall be constructed without the prior submission of complete plans and specifications to and receipt of approval from both the ACC/Board of Directors and the City of Bozeman.

2. Application and Approval Process

2.1 Complete Submission:
The Owner must submit a comprehensive and complete ACC application, including all required plans, specifications, and supporting documentation. Incomplete submissions will not be reviewed.

2.2 Pre-Approval Requirement:
The Owner acknowledges that no work shall commence until written approval is received from the ACC. Initiating work without such approval constitutes a violation of the CC&Rs and may result in fines and the mandatory removal of unauthorized improvements at the Owner's expense.

2.3 Non-Precedential Review:
The Owner understands that each ACC application is evaluated based on the current CC&Rs, and approval of an application does not set a precedent or imply that deviations from the CC&Rs will be allowed. Compliance with the CC&Rs is mandatory regardless of alleged violations or actions taken by other property owners.

2.4 No Waiver of Future Approvals:
As stated in Section 11.5 of the CC&Rs, the approval of any specific improvement does not waive the right of the HOA Board of Directors or ACC to disapprove similar proposals or requests in the future. Each application will be reviewed independently on its own merits.

2.5 Variance Requests:
Per Section 11.6 of the CC&Rs, the ACC may grant variances to certain provisions of the CC&Rs if strict adherence would result in unnecessary hardship or if the variance would enhance the overall appearance and value of the community. Any variance granted must be in writing, and the approval of a variance does not set a precedent for future requests.

2.6 Legal Compliance:
All improvements must comply with applicable Bozeman ordinances and the uniform building code. The Owner bears full responsibility for adhering to all relevant local laws and obtaining necessary permits.

2.7 Dues and Violations:
The ACC will not review or approve applications if the Owner is delinquent in paying HOA dues or has unresolved CC&Rs violations. All outstanding obligations must be satisfied before the ACC will process the application.

2.8 Project Timeline:
Per Section 11.4(h) of the CC&Rs, approval of plans and specifications for all construction, installations, improvements, remodeling, or alterations is valid only for a period of one year. The Owner must commence and complete the approved improvement or modification within this one-year period. If the project is not commenced and/or completed within this timeframe, the Owner must reapply and resubmit the plans, specifications, and fees to the ACC for review and approval.

Additionally, as stated in Section 11.4(j) of the CC&Rs, all work on any improvement, once started, must be continued on a continuous and diligent basis until completion. The entire project must be completed within 18 months of the start date, unless an extension is granted by the ACC. Failure to adhere to this timeline may result in the HOA taking enforcement actions, including the right to enter the property to complete, correct, or remove the improvement, with all costs incurred to be charged to the Owner.

2.9 Progress and Completion Notification:
The Owner is required to provide timely updates on the progress of the approved project. If the project is not completed within the approved timeline, or if there is any deviation from the approved plans, the Owner must promptly notify the ACC. This ensures that any potential issues are addressed before final inspection and approval. Owner must notify the ACC in writing upon the completion of the approved improvement. This notification is necessary to allow the ACC to conduct a final inspection and ensure that the work complies with the approved plans and all applicable CC&Rs.

3. Design and Construction Standards

3.1 Design Compatibility:
All proposed work must be architecturally compatible with the existing dwelling in terms of design, materials, and colors, as specified in the CC&Rs.

3.2 Adherence to Standards:
The Owner agrees to comply with all design and construction standards outlined in the CC&Rs, including but not limited to setback requirements, height restrictions, and approved materials.

4. Inspections and Enforcement

4.1 Right of Inspection:
The HOA reserves the right to inspect the property before, during, and after construction to ensure compliance with the approved plans and the CC&Rs.

4.2 Correction of Non-Compliance:
If the HOA determines that the work is not in compliance with the approved plans or the CC&Rs, the Owner agrees to make any required modifications at their own expense to achieve compliance.

4.3 Enforcement Actions:
As outlined in Section 11.8 of the CC&Rs, if the Owner fails to comply with the CC&Rs, these terms and conditions, or the approved plans, the HOA may enforce compliance by taking actions such as entering the property to remedy the non-compliance, levying fines, suspending the Owner's rights, or pursuing legal action. The Owner agrees to bear all costs associated with enforcement actions, including attorney's fees.

4.4 Fines for Non-Compliance:
In accordance with Section 11.14 of the CC&Rs, the Owner acknowledges that failure to comply with the CC&Rs, these terms and conditions, or any approved plans may result in the imposition of fines. The amount of these fines will be determined by the HOA and are intended to encourage compliance and cover any costs incurred by the HOA as a result of the Owner's non-compliance.

5. Maintenance and Upkeep

5.1 Ongoing Responsibility:
The Owner is responsible for the ongoing maintenance and upkeep of any approved modifications or improvements. The Owner must ensure that these improvements remain in good condition and continue to comply with the CC&Rs.

6. Legal and Financial Obligations

6.1 Enforcement Costs:
The Owner acknowledges that failure to comply with the CC&Rs and these terms and conditions may result in legal action by the HOA, including the imposition of fines and the requirement to remove or modify non-compliant structures at the Owner’s expense.

6.2 Recovery of Costs:
The Owner agrees to reimburse the HOA for any costs, including attorney's fees, incurred in enforcing compliance with the CC&Rs and these terms and conditions.

7. Waiver of Liability and Owner’s Obligations

7.1 Revocation of Approval:
The HOA reserves the right to revoke approval if the improvement or modification is not completed as per the approved plans. The Owner agrees to remove any non-compliant modifications at their own expense if approval is revoked.

7.2 Contractor Conduct:
The Owner must inform all contractors that common areas are not to be used for vehicles, machinery, materials, work or storage. The HOA may impose fines on the Owner for any contractor, guest, or Owner who improperly uses common areas, including parking, driving, or operating machinery. The Owner is responsible for ensuring that contractors clean up and repair any common areas, sidewalks, or streets damaged during the project. The HOA Board of Directors reserves the right to determine if or when any damage has occurred, the Owner’s requirements to remedy, and if/when the Owner or their contractors have adequately repaired, replaced or cleaned up detrimentally impacted public or common areas.

7.3 Damage Repair:
The Owner is liable for any damage to common areas caused by construction or contractor negligence and agrees to cover all repair costs.

7.4 Permit and Code Compliance:
The Owner agrees to comply with all applicable state, county and city building codes and ordinances and to obtain all necessary permits. ACC approval does not exempt the Owner from compliance with legal requirements.

7.5 Binding Decisions:
The Owner agrees to abide by all decisions and terms imposed by the ACC or, in the case of an appeal, by the Board of Directors.

7.6 Legal Action:
In the event of non-compliance or unapproved modifications, the HOA may initiate legal action. The Owner shall be responsible for all fines, reasonable attorney’s fees, court costs, and other related expenses.

7.7 Maintenance Obligations:
If the approved improvement is not maintained to the satisfaction of the Board of Directors, the HOA has the right to remove or maintain the improvement at the Owner's expense.

7.8 Application by Tenants:
Applications submitted by tenants will not be accepted. Only property Owners may submit applications for approval.

8. Acknowledgment and Agreement

8.1 Owner’s Affirmation:
By signing below, the Owner confirms that they have read, understood, and agree to comply with these terms and conditions and the West Winds HOA CC&Rs. The Owner acknowledges that failure to adhere to these requirements may result in enforcement actions by the HOA, including legal action, fines, fees, and removal of non-compliant improvements.