STANDARDS AND GUIDELINES For University Commons Homeowners Association, Inc.

Transcription

1 STANDARDS AND GUIDELINES For University Commons Homeowners Association, Inc. A. INTRODUCTION B. ENFORCEMENT C. COMMUNITY STANDARDS FOR MAINTENANCE AND APPEARANCE D. USE RESTRICTIONS E. ARCHITECTURAL REVIEW F. EXTERNAL PROJECTS THAT DO NOT REQUIRE PRIOR APPROVAL G. EXTERNAL PROJECTS THAT REQUIRE PRIOR APPROVAL H. POOL FORM: REQUEST FOR ARCHITECTURAL APPROVAL APPENDIX A. MAILBOXES A. INTRODUCTION These Standards and Guidelines provide guidance to homeowners and tenants regarding the community standards, rules, and regulations. This document is a supplement to the Declaration of Covenants, Conditions and Restrictions for University Commons Homeowners Association, Inc. ("Declaration"); it was adopted by the Board of Directors ( Board ) on August 2, If any discrepancies arise between this document and the Declaration, the Declaration will serve as the final authority. University Commons Homeowners Association, Inc. ( Association ) is a non-profit corporation established by the developer in 2006 insure the attractiveness of the community, to prevent any future impairment thereof, to prevent nuisances, to preserve, protect and enhance the appearance and amenities of all properties within the community and to provide for the maintenance and upkeep of the Common Area. The Association was originally named Creekside at Wyndham Place. The name change occurred in 2010 and was recorded as the 2 nd Amendment to the Declaration. Most, if not all, of the Community Documents refer to the Association by its original name. A six-member Board is elected by the homeowners and will be responsible for administering the affairs of the Association in accordance with its governing documents and state law. B. ENFORCEMENT Homeowners are responsible for maintaining all elements of their property, for keeping it in an orderly condition, and for obtaining approval before starting most (see Section F) external projects. The Association employs the services of a property management company, and a property manager conducts inspections of the community every two weeks. When a condition on a lot appears to be a violation, the homeowner will receive a letter identifying the condition and requesting that it be corrected. Homeowners who receive such notification need to correct the condition or to contact the property manager to discuss 1

2 any questions or special circumstances that may exist concerning the matter to avoid the need for any further enforcement action. Violations that are not corrected in a timely manner will be reviewed by the Board to determine if a fine should be imposed after the homeowner has had an opportunity to discuss the matter with the Board. Other enforcement action may include requiring the homeowner to remove any structure or improvement that has not been approved, referring the matter to an attorney, or referring the matter to local authorities for code enforcement. The Association has the right to enforce, by any proceeding in law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges imposed by the provisions of the Declaration. Decisions by the Board are based on compliance with the Declaration, these Standards and Guidelines, and/or aesthetic considerations. Every effort will be made to interpret subjective terms such as excessive, unsightly, and aesthetic consistently but the interpretation may vary over time with different Board members. C. MAINTENANCE AND APPEARANCE Yard and Structure Maintenance: These conditions are violations if deemed to be excessive. 1. Lawns in need of mowing due to being in excess of 6 inches high. 2. Colored seed tip weeds such as clover even if less than 6 inches high. 3. Landscaping beds containing weeds or in need of mulch materials. 4. Weeds or grass in expansion joints of driveway and/or sidewalk. 5. Grass in need of edging along driveway and/or sidewalk. 6. Grass clippings on the driveway, sidewalk, or street. 7. Dead grass or bare sections in lawn. 8. Trees or shrubs in need of pruning; or removal if dead. 9. Painted surfaces in need of repainting due to peeling or fading. 10. Siding in need of cleaning due to mildew or dirt. 11. Siding, trim, shutters, fences, sheds/outbuildings, mailboxes, mailbox posts, basketball goals or any other structure in need of cleaning, refinishing, repair, or replacement. Front Yard Appearance: 12. Decorative statues, birdbaths, fountains, ornaments, banners, outdoor furniture, figurines, flower pots, pinwheels, or any other decorative items are not permitted to be displayed on the front or side lawns, or on the driveway. a. Decorative items may be displayed on the front porch or in landscaping beds unless deemed to be unsightly due to size, color, quantity, or mismatched style and theme. 13. All Flags, including the flag of the United States, its Armed Forces or North Carolina, must not exceed 4 ft. by 6 ft. in size and may be mounted on the residence or deck but not on a free standing pole. 14. Window air conditioners or fans, signs, decals other than for a security system, awnings, inappropriate window treatments, window shades or blinds that appear to be broken, and other unsightly items are not permitted in windows. 15. Toys, bicycles, sporting equipment, etc. must not be left in the front or side yards when not in use. 16. Holiday decorations may be displayed in the front and side yard and on the front of the residence no sooner than 30 days before, and removed no later than 30 days after the holiday period. 2

3 Garbage and Recycling Carts: 17. Garbage and recycling carts must be properly stored except when they are placed at the curb for a scheduled collection. a. Carts should be placed at the curb, along with any yard debris or bulky items, no sooner than the evening before, and stored before midnight the day of a scheduled collection. b. Properly stored means in the garage, behind a fence, on the side of the residence or screened. c. Screened means on 3 sides, with one side being the residence and the other two sides being adequate evergreen plantings or lattice partitions which must be installed at a minimum of 5 tall and 6 in length or the length necessary to screen all receptacles and a depth of 4-5 (perpendicular to the home). d. Lattice partitions can be either white or wood. Wood lattice partitions must be sealed with wood-tone stain. Storage: 18. Storage of any trash, rubbish, or debris is not permitted anywhere on the lot. 19. Storage of any unsightly items or materials must be in an enclosed structure or otherwise adequately screened so as to not be visible from anywhere along the front or side street, or from neighboring yards. Vehicle Parking: Residents are requested to park in the garage or in the driveway rather than on the street. Passenger vehicles parked on the street are expected to do so in compliance with applicable traffic laws including being parked headed in the direction of traffic and not blocking mailboxes or driveways. 20. Utility trailers of any sort, mobile homes, campers, boat trailers, and the like must not be parked on the street, in the street right-of-way, or anywhere on the lot except in the garage. 21. Vehicles must not be parked between the street and where the street right-of-way ends, or on any part of the lot except in the garage or in the driveway and not blocking the sidewalk. 22. Wrecked, unlicensed, or inoperable vehicles must be parked in the garage. 23. Vehicles or other mechanical equipment must not be dismantled or accumulated on the lot. 24. Large commercial vehicles must not be parked on the street or in the driveway. Large commercial vehicles, as defined by city ordinance, are those weighing more than 13,000 pounds or those less than 13,000 pounds but with a height of more than 9.5 feet including installed accessories and/or a cargo area/work platform more than 14 feet in length. This restriction does not apply to vehicles parked temporarily by service providers. 25. Vehicles which routinely store debris, ladders, pipes, tools, and similar items, or which contain excessive vehicle graphics, may be deemed to be unsightly and therefore be required to be parked in the garage. This restriction does not apply to vehicles parked temporarily by service providers. 26. Vehicles parked in the driveway may be covered by canvas covers designed for that purpose and which are in good condition and not deemed to be unsightly. D. USE RESTRICTIONS 27. Land Use and Building Type: All lots are described as residential lots; no structure is permitted other than the residence, an attached garage, and accessory structures incidental to the use of the lot. 28. Building Setbacks: No accessory structure incidental to the residential use of the lot is permitted to be located nearer to a side lot line than permitted by local ordinances. 3

4 29. Temporary Structures: No structure including trailer, tent, garage, shed, or any other similar building is permitted to be used as a temporary or permanent residence. 30. Nuisances: No noxious or offensive trade and no activity which may be an annoyance or nuisance to the neighborhood, including disturbing the peace and improper parking of numerous guest cars that interfere with other vehicular travel, is permitted. 31. Pets: Homeowners are responsible for their pet s actions and are liable for any damages. a. Dogs must be leashed while not on the homeowner s property. b. Homeowners are responsible for cleaning up pet waste from public or private property. c. Any animal deemed to be a nuisance to the neighborhood, including disturbing the peace, will be reported to animal control. d. The number of household pets generally deemed to be outdoor pets such as dogs and cats is limited to three except for their newborn offspring under nine months old. e. No livestock, poultry, or dangerous animals are permitted. 32. Yard signs: No sign of any kind is permitted to be displayed in the front or side yard except for the following : a. One For Sale or one For Rent sign, not to exceed five square feet in size. b. One commercial security system sign. c. One professional contractor sign but only until the completion of the project. d. One political sign is permitted under the following guidelines: placed only in the front or side yard at least 10 feet in from the street curb, placed no earlier than 45 days before an election day, removed no later than 7 days after an election day, and not to exceed 2 feet x 2 feet in size. 33. Easements: No structure, planting, or other material is permitted to be placed or to remain in an easement identified on a lot s recorded map which may interfere with the installation, delivery, and maintenance of public utilities, or which may obstruct or change the direction of flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainage channels in the easements. 34. Right-of-Way: Street right-of-ways usually span 25 feet on either side of the center of the street. The homeowner should refer to their plat for the exact measurements of the right of way. The homeowners lot line begins where the right-of-way ends and is located approximately 10 feet from the curb. Although not part of the homeowner s lot, the strip of land between the lot line and the curb is deemed to be part of the yard and is the homeowner s responsibility to maintain, except that sidewalk repair is the responsibility of the city. Refer to the lot s recorded map for right-of-ways, lot lines, building setback and street setback lines. E. ARCHITECTURAL REVIEW A Request for Architectural Approval form must be submitted by the homeowner and approved by the Architectural Review Committee ( Committee ) before starting any external improvement project that requires prior approval. The property manager should be contacted prior to starting a project if there is any doubt as to whether approval is required. Construction projects must be completed within 30 days of the start date; a longer time period may be approved for major projects or unforeseen delays. Utility additions must be underground. The homeowner is responsible for obtaining necessary permits and for ensuring that construction and utility work is done in 4

5 compliance with applicable building codes and zoning ordinances. Construction materials and debris must be removed upon completion of the project. When the completed form and supporting information is submitted to the property manager at the address noted on the form, it will be forwarded to the Committee. The Committee will review the request and the homeowner will be notified of the decision. The homeowner should contact the property manager if a decision has not been received within 15 days. Decisions are based on compliance with the Declaration, these Standards and Guidelines, and the aesthetic discretion of the Committee. Decisions are made on a case-by-case basis, and approval or disapproval in one case does not guarantee approval or disapproval in any other similar case. Decisions on aesthetic matters are subjective and may vary over time with different Committee members. In reviewing each application, the Committee will consider factors such as the quality of workmanship, harmony of design with existing structures, location in relation to surrounding structures, topography, finish grade elevation, unique characteristics, and intended use. F. EXTERIOR PROJECTS THAT DO NOT REQUIRE PRIOR APPROVAL 1. Exterior painting, repairing, or replacement projects when they are consistent with the originally approved colors, style, and materials; examples include roofing shingles, siding, trim, and shutters. 2. Landscaping that does not significantly change the character of the lot including: a. Planting of flowers and grass. If a tree or shrub is being replaced with same tree or bush in the same location then approval is not required. b. Low voltage lights that are no more than 12 inches in height and placed along walkways or in landscaped beds. The lights cannot be aimed toward or emit light on the neighboring homes or lots. c. Changes that do not hinder the natural drainage from adjoining properties. 3. Mailboxes must be black with working flag and door and contain no decorative features or decals except for house numbers. Faded or rusted boxes should be repainted or replaced. 4. Mailbox posts must match the original style established for the Community. Please see Appendix A for specific information. 5. Basketball goal: Only one portable or one permanent goal per lot is permitted. a. A permanent goal is one mounted on a pole set in concrete at least 15 feet from the street and oriented so that play occurs only on the homeowner s property. b. Backboards must not be attached to the garage. c. Portable goals must be stored upright and at least 15 feet from the street. d. Portable goals should be stored out of view when not in use and in good condition. 6. Dog house: Only one dog house per lot is permitted, not to exceed 4'W x 4'L x 3'H, painted the same color as the residence vinyl, and located directly behind the residence. 7. Gazebos, playhouses, swing sets, trampolines, sandboxes, and all other such structures must be located directly behind the residence. 8. Satellite dish, antenna: a. Satellite dishes on the roof or the home with a maximum diameter of 18 inches and placed where they are not visible from the front street unless this placement would not permit reception of a quality signal. 5

6 b. Permanent ground-mounted satellite dishes not exceeding 2 feet in diameter and not visible from the front street. c. Satellite dishes should be screened with shrubbery where possible. d. Television or radio poles, antennas, and aerials are not permitted. G. EXTERIOR PROJECTS THAT REQUIRE PRIOR APPROVAL: Most construction or placement of permanent structures and any exterior painting, repairing, or replacement projects that are not consistent with the originally approved colors, style, and materials require prior approval; examples include roofing shingles, siding, trim, and shutters. 1. DRIVEWAY AND WALKWAY ADDITION: Must be constructed of concrete, concrete pavers or brick pavers. Asphalt is not permitted. A 6 foot minimum setback should be maintained from all lot lines. 2. FENCE: Only one fence type per lot is permitted. a. Perimeter fences not to exceed 6 feet in height, and constructed of either wood, vinyl or black aluminum. Wire mesh, not to exceed 2 inch x 4 inch, may be installed inside a split rail fence to contain pets. b. Wooden fences may be left natural, sealed with a wood-tone stain, or painted. c. Chain link or other metal fencing, except aluminum, is not permitted. d. Fences are not permitted to extend any closer to the front street than the rear side of the residence. e. If a fence is to be placed directly on a lot line, the Request for Architectural Approval form must be signed by the homeowner of each lot involved. 3. LANDSCAPING: Landscaping projects that significantly change the aesthetic character of the lot including, but not limited to, staking, clearing, excavating, grading or other site work, and changes that would lower or raise the ground level of any area by 1 foot or more or that include the construction of terraces, retaining walls, additional landscape beds or other permanent structures requires approval. 4. SHED/OUTBUILDING: Only one shed or noncommercial greenhouse per lot is permitted. a. The recommended outside dimensions are a maximum of 10 feet long, 10 feet wide, 6 feet high side walls and an overall height of 9 feet. b. Walls must be constructed of hardboard and the exterior covered with vinyl siding or hardwood that match the color of the residence. Particle board, plywood, cinder-block, or metal material is not permitted. c. Roofs must be covered with shingles that match the shingles on the residence. A Frame" and single pitch (shed) roof styles that extend to the ground are not permitted. d. Unless Lot is fenced, sheds must be located directly behind the residence in the rear one quarter (1/4) of the lot and no closer than 5 feet from the rear and side lot lines to provide clearance for maintenance. The rear lot line must be at least 3 times longer than the shed dimension. e. Metal structures such as carports, garages, or sheds are not permitted. 6

7 5. SWIMMING POOL/HOT TUB/SPA: All lot modifications are subject to architectural review. a. Above- ground swimming pools are not permitted. b. Child wading pools are permitted. These pools cannot be left outside for more than 3 consecutive days and only in the rear yard. H. POOL / COMMON AREA The University Commons Association maintains a Community pool, walking trail, and other common area for the use of its residents, members and their guests. Rules for the pool are posted at the pool and must be followed in order to for all residents to be able to enjoy it. The Association reserves the right to restrict access to those that are not in good standing with the Association. ALL EVENTS & GATHERINGS TO BE HELD AT THE POOL MUST BE APPROVED BY THE BOARD AND/OR THE MANAGEMENT COMPANY. A MINIMUM OF 10 DAY NOTICE MUST BE GIVEN. 7

8 Name REQUEST FOR ARCHITECTURAL APPROVAL University Commons Homeowners Association Date Address address Telephone # TYPE OF MODIFICATION Fence Landscape Improvements Deck/Patio Other Roof Shingles Exterior Painting Color Change Home Addition Shed/Outbuilding Driveway/Walkway Addition Pool/Spa/Hot Tub Description of Project: Please attach a detailed description of the improvement, including (as applicable): property survey map marked with the proposed changes, plans, drawings, pictures, location, size, color, material, and contractor. Estimated Start Date: / / Estimated Completion Date: / / Homeowner s Signature Mail, , or Fax this form and supporting documents to: University Commons, C/o East West Partners Club Management Sikes Place Suite 330 Charlotte, NC SBright@ewclubs.com Fax: Call Scott Bright at if you have any questions. For Association Use Only: Approved Not Approved Committee Member Date Comments: Committee Member Date Committee Member Date Committee Member Date Committee Member Date 8

9 Appendix A Mailboxes Below is an example of the approved, original style of mailboxes within the Community. If the box or post is replaced, it must be replaced with a model as close to identical as possible. 9