BOARD OF DIRECTORS OF TOWNHOMES OF TIMBERLAND, INC.

Transcription

1 RESOLUTION BOARD OF DIRECTORS OF TOWNHOMES OF TIMBERLAND, INC. (Adopting Procedures Amending the Architectural Guidelines of the Townhomes of Timberland, Inc. Regarding Correction of Prior Architectural Modifications and/or Additions that are Inconsistent with the Established Architectural Guidelines and Recorded Covenants) WHEREAS, Townhomes of Timberland, Inc. (the Association ) is a duly created and incorporated homeowners association by virtue of the recordation of its Declaration on June 25, 1991 among the Land Records of Howard County, Maryland in Liber 2347, Folio 0317, et seq. (the Declaration ); and, WHEREAS, Article III, Section 7 of the Declaration vests the Board of Directors with the authority to establish reasonable rules and regulations with respect to the use and enjoyment of the properties located in the Association and governed by the Declaration; and, WHEREAS, Article V of the Declaration sets forth the Association s right to approve the erection, placement, and maintenance of any building or structure upon any lot in the Association, as well as any exterior additions, changes, or alterations thereto, and the obligation of the lot owner to submit an application seeking such approval to the Association prior to the erection, placement, or maintenance of the same, and before making any exterior additions, changes, or alternations to the property; and, WHEREAS, the Board of Directors has adjudged and determined that it is necessary to promulgate and adopt reasonable rules and regulations governing the erection, placement, and maintenance of structures or buildings upon the lots in the Association, as well as any exterior additions, changes, or alterations thereto, and has done so; and, WHEREAS, the Board of Directors has previously adopted in December, 2012, and thereafter, rules governing the erection, placement and maintenance of structures or buildings upon the lots in the Association, as well as any exterior additions, changes, or alterations thereto (hereinafter referred to as the Architectural Guidelines ); and, WHEREAS, the Board of Directors has adjudged and determined that it is necessary to promulgate and adopt reasonable rules governing architectural control and design criteria for individual properties located within of the Association and has done so; and, WHEREAS, the Board of Directors has further adjudged and determined that it is necessary to amend previously adopted rules governing the erection, placement and maintenance of structures or buildings upon the lots in the Association, as well as any exterior additions, changes, or alterations thereto, to address modifications and/or additions to individual Lots and the improvements thereon, that were constructed or made prior to the adoption of this Resolution that are inconsistent with the established Architectural Guidelines and Declaration, whether or not said modifications and/or additions had been previously approved by the Association s Board of Directors and/or Architectural Review Committee; and, 1

2 WHEREAS, the purpose of this amendment to the Association s Architectural Guidelines is to bring any previously constructed modifications and/or additions that are inconsistent with the Architectural Guidelines and Declaration into compliance at the time repairs and replacements to or of the same are made by Owners, while protecting the d e s i g n integrity of the community; and, WHEREAS, the Board of Directors desires to establish such rules, regulations and procedures in conformity with the Articles of Incorporation, the Declaration, the By-Laws, the Maryland Homeowners Association Act, the Maryland Contract Lien Act, and as otherwise permitted and provided by law; NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of Townhomes of Timberland, Inc. hereby establishes and adopts the following rules and regulations, and amends the current Architectural Guidelines to address modifications and/or additions to individual Lots and the improvements thereon that were constructed or made prior to the adoption of this Resolution that are inconsistent with the established Architectural Guidelines and Declaration at the time repairs and replacements to and of the same are necessary. When said modifications and/or additions to Lots and the improvements thereon first require repair or replacement, whether or not said modifications and/or additions had previously been approved, the Owner shall submit a written request to the Board of Directors or its Architectural Review Committee ( ARC ) for prior approval of the intended repair or replacement, in accordance with Article V of the Declaration. In addition, the Owner shall comply with the Board s approved plans for repair and/or replacement in accordance with the established Architectural Guidelines and the following: Transom Windows: The standard for the number of panes on transom windows above the French doors at the rear of our homes is six. When transoms with any other number of panes need to be replaced, the homeowner will ensure that the new transoms meet the requirement of six panes. (See Architectural Guidelines, p ) 2

3 Copper Flashing: The standard flashing above garage and side bump outs is copper. When new roofs were installed on several of our homes, different flashing types were used. At such time when the roof must be replaced again, or the flashing needs to be repaired or replaced, the homeowner will ensure that the contractor substitutes copper for the non-approved flashing. (See Architectural Guidelines, p.16, and Board Resolution Regarding Replacement and Installation of New Roofs, p. 8-9) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 3

4 Decks: For a complete description of an acceptable deck. (See Architectural Guidelines p. 7 8) Several homes have non-conforming decks. Those decks may have at least one of the following features: a herring-bone or angled pattern for deck surface, railings that are not in the approved Chippendale pattern, stair railings that are the wrong style, decks that have no railings, decks that have steps below the rear exit of homes, decks with a style completely different than the original builder style, decks that are too large, or decks that have been incorrectly coated with solidcolored paint or coating. These are inconsistent with established Architectural Guidelines. As with the items above, at such time when either a deck or parts of a deck need to be replaced, or need to be pressure washed and the previous coating is removed, the homeowner must correct the inconsistency. (See guidance below.) Decking Surface shall be 5/4 or 1 ½ (nominal) thickness materials and must run parallel to the back wall of the house. (Architectural Guidelines p. 7 (A)) Decking must be at exact height of the exit from the house no decks with step down or step up to gain access to the townhome are permitted. (Architectural Guidelines p. 7 (B)) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 4

5 Deck Railings: shall retain the original Chippendale style as installed by the builder and is consistent with the Colonial style of our homes. Stair rails on decks above walkouts shall have one or more Chippendale pattern rail section units. Other stair rails can be either Chippendale or straight pickets. (Architectural Guidelines p. 7 (C)) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 5

6 Deck Stains and Color: Decking surfaces, railings and structural support members shall be sealed in a natural wood-tone stain through which the wood grain is visible. (See Architectural Guidelines p. 15 (C) under Paints and Colors ) Semi-transparent, translucent and clear stains are acceptable; semi-solid and solid are not acceptable. In other words, the natural grain of the wood must be visible through the coating. ARC members are often asked what specific stain colors are acceptable. The following color palate shows the range of stain colors that are acceptable. Please note that the wood grain shows through the stain. Helpful background information: Each paint manufacturer assigns names for its colors. In selecting your stain color, compare the manufacturer s color samples to those shown above. 6

7 Wrapped Trim: As outlined in our Association s 2010 Synthetic Covering Amendment, when wrapping fails, the Architectural Guidelines require that homeowners remove the wrapping and replace it with materials such as exterior-grade wood, approved composite wood, or plastic wood such as Azek. (For details on this subject see Metal or Synthetic Covering, or Wrapping Amendment to the Supplemental Architectural Guidelines) Flood Lights: When floodlight fixtures on homes need to be repaired or replaced, they shall be removed from the townhome. (See Architectural Guidelines, p. 13) Making Corrections: As with any exterior additions, changes or modification to the exterior of a home, an Architectural Modification Request Form must be completed and submitted to the Board of Directors or the ARC, in accordance with Article V of the Declaration, with respect to the repair or replacement of modifications and/or additions to individual Lots and the improvements thereon that were constructed or made prior to the adoption of this Resolution, whether or not said modifications and/or additions have been previously approved by the Board or the ARC, and that are inconsistent with the established Architectural Guidelines and the Declaration. No repair or replacement work shall commence without prior written approval from the Board of Directors or the ARC. BOARD OF DIRECTORS TOWNHOMES OF TIMBERLAND, INC. Date ATTEST: By: Joanne R. Susca, President Date By: Mark Hensman, Secretary 7

8 CERTIFICATION I hereby certify that the foregoing Resolution was adopted by the Board of Directors of Townhomes of Timberland, Inc. at a regular meeting thereof, at which a quorum was present, and which was held on, I further certify that a copy of this Resolution and attachments thereto was mailed, or hand-delivered, to the owners of lots and improvements in the Townhomes of Timberland, Inc. on, This Resolution shall become effective upon the recordation of the foregoing in the Homeowners Association Depository of Howard County, Maryland. Date By: Mark Hensman, Secretary ATTEST: Date By: Joanne R. Susca, President 8