STETSON HILLS COMMUNITY ASSOCIATION, INC. AMENDED AND RESTATED DESIGN GUIDELINES

Transcription

1 STETSON HILLS COMMUNITY ASSOCIATION, INC. AMENDED AND RESTATED DESIGN GUIDELINES April 28, 2009

2 STETSON HILLS COMMUNITY ASSOCIATION, INC. Amended and Restated Design Guidelines TABLE OF CONTENTS I. INTRODUCTION 3 II. IMPROVEMENTS/MODIFICATIONS TO A LOT 3 A. ARCHITECTURAL REVIEW AND APPROVAL REQUIRED 3 B. ARCHITECTURAL AND DESIGN CHARACTER 3 III. DESIGN GUIDELINES 4 A. ANTENNAS AND SATELLITE DISHES 4 B. AWNINGS AND OTHER ARCHITECTURAL FEATURES 4 C. BASKETBALL EQUIPMENT 4 D. CLOTHES DRYING FACILITIES 4 E. CORNER LOTS 4 F. DRAINAGE 4 G. EXTERIOR LIGHTING 4 H. WINDOW COVERINGS/SCREENS 5 I. FLAGS AND FLAGPOLES 5 J. GARAGES 5 K. LANDSCAPING REQUIREMENTS AND GUIDELINES 5 & 6 L. MAINTENANCE OF LANDSCAPING 6 M. PAINTING 7 N. PATIO COVER ADDITIONS 7 O. PLAY STRUCTURES 7 P. POOLS, SPAS AND JACUZZIS 7 Q. ROOFTOP EQUIPMENT 7 R. SECURITY DOORS 7 S. SIGNS 8 T. SOLAR EQUIPMENT PANELS OR DEVICES 8 U. STORAGE SHEDS 8 V. TANKS 8 W. TRASH CONTAINERS AND COLLECTION 9 X. TRUCKS, TRAILERS, CAMPERS AND BOATS 9 Y. WALLS AND FENCES 9 Z. YARD SALES AND GARAGE SALES 10 AA. DOWNSPOUTS AND GUTTERS 10 IV. (ARC) AND PROPERTY OWNER REQUIREMENTS 10 A. ARC 10 B. PROPERTY OWNERS 10 C. SUBMITTAL FOR CHANGES AND ADDITIONS 10 D. FEES 11 E. EFFECT OF BUILDING PERMITS 12 V. NON-LIABILITY FOR APPROVAL OF PLANS 12 VI. DAMAGE BY OWNER 12 VI. CHANGES AND AMENDMENTS TO THESE DESIGN GUIDELINES 12 ARC SUBMITTAL FORM 13 REPAINTING POLICY 14 2

3 STETSON HILLS COMMUNITY ASSOCIATION, INC. Amended and Restated Design Guidelines I. INTRODUCTION Stetson Hills is a community designed to respect the climate and regional character of its location, minimize environmental impact and maximize water and energy conservation principles. In order to implement and preserve these principles, these Design Guidelines have been established to maintain certain standards by which the community may grow and develop. The Architectural Committee henceforth shall be known as the Architectural Review Committee (ARC). The Design Guidelines provide an overall framework and a comprehensive set of guidelines by establishing criteria for the design, size, location, style, structure, materials and color of architecture and landscaping, as well as relevant criteria for the construction or modification of all Improvements made by any party other than Del Webb s Coventry Homes, Inc. (the Declarant ). They also establish a process for the judicious review of proposed Improvements or alterations. However, the Design Guidelines are not the exclusive basis for decisions of the ARC, and compliance with the Design Guidelines does not guarantee approval of any application. An Application form for repainting and other projects is attached. Application forms are also available online at or by calling the Community Manager. Please ensure you are using the most currently adopted form. The Design Guidelines, which have been adopted by the Stetson Hills Community Association, Inc. (the Association ), are an Amended and Restated version of the original Design Guidelines dated June 1, 1999 prepared by the Declarant. All terms used but not defined herein shall be given the meanings ascribed to them in the Declaration of Covenants, Conditions and Restrictions for Stetson Hills (the Declaration ) and any supplements or amendments thereto, unless the context requires otherwise. The Design Guidelines will be administered by the ARC pursuant to Article 5, Section 5.11 of the Declaration. The ARC monitors any portion of any Lot which is Visible from Neighboring Property. Visible from Neighboring Property is defined in the Declaration as any given object that is or would be visible to a person six (6) feet tall, standing at ground level on any part of an adjoining Lot, Common Area or street. This would include backyards which are visually open to other Lots or Association Common Areas. In the event of conflict between the Design Guidelines and any government ordinance, building code or regulation, the more restrictive standard shall prevail. II. IMPROVEMENTS/MODIFICATIONS TO A LOT A. ARCHITECTURAL REVIEW AND APPROVAL REQUIRED No Improvement shall be constructed or installed within the Community without the prior written approval of the ARC. No addition, alteration, repair, change or other work which in any way alters the exterior appearance (including but without limitation, the exterior color scheme) of any property within the Community, or any Improvements located thereon, shall be made or done without the prior written approval of the ARC. Each Owner is responsible for removing or otherwise curing, at its expense, noncomplying and/or unapproved Improvements. B. ARCHITECTURAL AND DESIGN CHARACTER 1. The architectural design of all additions, alterations and renovations to the exterior of any Residential Unit shall conform to the design of the original Residential Unit in style, detailing, materials and color. 2. The height of any addition to an existing Residential Unit shall not be higher than the original roof line. 3. All additions to Residential Units shall be built within the setback lines originally established for Stetson Hills or as changed by the Declarant or Developer with the requisite approval of the City of Phoenix. 4. All materials used in the maintenance, repair, addition and alteration of any structure or Improvement subject to review hereunder, shall match those used in the initial construction of the Improvement as to color, composition, type and method of attachment. The ARC may allow substitute materials if it deems such materials to be compatible with the theme of the Community. 5. No addition, alteration or renovation of an existing Residential Unit or any other activity on a Lot may alter the established Lot drainage (as established by the Declarant). 6. Any addition or change to a Residential Unit shall be within the model selection choices offered by the original Builder, or if it was not offered by the original Builder, may not exceed ten percent (10%) of the footprint of the Residential Unit. 3

4 7. The quality of workmanship evidenced in construction, must be equal to or better than that of surrounding properties. III. DESIGN GUIDELINES A. ANTENNAS AND SATELLITE DISHES Standard television antennas as well as other over-the-air reception devices (including satellite dishes) of less than one (1) meter in diameter must be located in the rear yard of the property and within the confines of the fence walls. Over-the-air reception devices that require towers or poles exceeding the height of the fence so as to be Visible from Neighboring Property are prohibited. Installation of such overthe-air reception devices shall comply with these Design Guidelines to the maximum extent feasible under applicable Federal regulations. B. AWNINGS AND OTHER ARCHITECTURAL FEATURES Awnings, canopies, shutters, security shields, tile, iron, stone or other such architectural features on the front of the Residential Unit must conform to the theme and color scheme of the Residential Unit and Community. Awnings or canopies must be a high quality and durable fabric of a solid color. Patio awnings must be retractable, horizontally stabilized and made of quality material. The total square footage of the patio must not exceed ten percent (10%) of the livable square footage of the Residential Unit. Submittal of such items must include a drawing with the location of the proposed installation, a sample of the material to be used, colors and designs. Owners shall be responsible for the maintenance and repair of such items. The Association retains the right to determine when items must be cleaned, repaired or replaced due to weathering, fading, tearing, etc. C. BASKETBALL EQUIPMENT No basketball goal, backboard or similar structure or device shall be placed or constructed on any Lot or Parcel so as to be Visible from Neighboring Property without the prior approval of the ARC, including without limitation, approval as to appearance, height and location. Notwithstanding the above, portable goals may be placed on a Lot without prior written approval of the ARC, provided, however, that such portable goals are promptly stored as not to be Visible from Neighboring Property when not in use. All basketball equipment must be maintained in like new condition at all times. D. CLOTHES DRYING FACILITIES No outside clotheslines or other outside facilities for drying or airing clothes shall be erected, placed or maintained on any Lot, Parcel or other property so as to be Visible from Neighboring Property. E. CORNER LOTS As noted on the Plat, structures and landscaping at the intersection of street right-of-way shall be maintained at three feet (3 ) in height within a triangle thirty-three feet (33 ) by thirty-three feet (33 ) along the right-of-way lines in accordance with City of Phoenix Ordinance G-76. F. DRAINAGE No Residential Unit, structure, building, landscaping, fence, wall or other Improvement shall be constructed, installed, placed or maintained in any manner that would obstruct, divert, interfere with or change the direction of flow of water in accordance with the drainage plans for the Community, or any part thereof, or for any Lot or Parcel as shown on the drainage plans on file with the City of Phoenix. Each Owner shall, at their own expense, maintain the drainage ways and channels on their Lot or Parcel in proper condition free from obstruction. G. EXTERIOR LIGHTING Exterior lighting on Lots shall be limited to fixtures installed by the Declarant or approved by the ARC and with light bulbs having no more than 100 watts each. Exteror lighting shall be permitted on a Lot or Parcel so long as (i) the source of such lighting is not Visible from Neighboring Property; (ii) the source of the lighting is not pointed at or directly illuminates any neighboring property; (iii) such lighting is limited to that which is reasonably necessary for the safety and convenience of the Residential Unit Owner; and (iv) such lighting conforms with such other requirements as may be imposed by the ARC. Neighboring property for this section shall include Lots and Parcels, common areas, streets, and open mountain or field areas. Notwithstanding the foregoing, but subject to reasonable regulations by the ARC, exterior floodlights may not continuously remain on after 10:00 PM. Owners or occupants may display holiday lights and/or decorations located or visible from outside their Residential Unit, if the decorations are of reasonable size and scope and do not disturb the quiet 4

5 enjoyment of other Owners or occupants in the Community by excessive light or sound emission or by causing an unreasonable amount of spectator traffic. Holiday decorations and/or lights may be displayed in season only from November 1 st until January 31 st and during other times of the year, from one week prior to and one week after any nationally recognized holiday. H. WINDOW COVERINGS/SCREENS Permanent window coverings must be installed on all bedroom, bathroom, living room and family room windows, which shall be visible from any street or common area, within sixty (60) days of occupancy. No window that is Visible from Neighboring Property shall at any time be covered with aluminum foil, bed sheets, newspaper or any other like materials. Exterior solar screens or sunscreens shall be permitted without ARC approval, provided they are compatible with the exterior color scheme of the Residential Unit. Reflective screens shall not be permitted. All such screens must be maintained to their original condition, free from dirt, torn screen material and bent frames. I. FLAGS AND FLAGPOLES Per Arizona Statute display of one of the following flags shall be permitted: American, Arizona State, United States Air Force, United States Army, United States Navy, United States Marine Corp or United States Coast Guard, POW MIA or an Arizona Indian Nation. Flag poles may only be placed in the front of the property. The maximum size of any flag shall be three feet (3 ) by five feet (5 ). The maximum height of a permanent, removable or freestanding pole shall be twenty feet (20 ) or the height of the roof peak, whichever is less. Such poles must be submitted to the ARC for approval. Wall mounted flag poles shall be a maximum of five feet (5 ) long with attaching brackets painted to match the attachment area. Wall mounted flag poles do not require ARC approval. All poles and flags must be maintained in excellent condition according to the United States Flag Code, Title 36, U.S.C., Chapter 10. Only one permanent, removable, wall mounted or freestanding pole will be permitted per Unit or Lot. It shall be the responsibility of the Owner on which a flag is displayed to do so with proper respect and flag etiquette. J. GARAGES The interior of all garages shall be maintained in a neat and clean condition. Garages shall be used only for the parking of vehicles and the storage of normal household supplies and materials and shall not be used for or converted to living quarters or for hobby/recreational usage without the prior written approval of the ARC and applicable City and State Zoning and Code requirements. Garage doors shall be kept closed at all times except to the limited extent reasonably necessary to permit the entry or exit of vehicles or persons. No merchandise or other items, to include vehicles of any type, shall be placed, maintained or displayed for the express and sole purpose of sale in front of the garage or in any part of driveways, unless specifically approved by the ARC. K. LANDSCAPING REQUIREMENTS AND GUIDELINES The responsibility of each Owner is to landscape and maintain their front yard and public right-of-way areas adjacent to their respective Lot within a period of ninety (90) days from close of escrow and rear yard landscaping within a period of one hundred and twenty (120) days from close of escrow. Both front and rear yard landscaping shall be in accordance with all applicable City of Phoenix Ordinances and/or these Design Guidelines, whichever is more restrictive. All landscaping must be in accordance with the following minimum requirements: 1. The use of native or compatible drought-tolerant species shall be utilized for all yard landscaping. 2. All landscape plantings shall be maintained by a fully automatic underground water system. Irrigation systems that use drip emitters instead of spray heads or bubblers are highly encouraged. When it is necessary to use sprinklers, care should be taken to avoid overspray on hardscape, structures, walls, fences and windows. 3. Front Yard minimum planting recommendations are as follows: Twelve (12) shrubs one-gallon in size, six (6) shrubs five-gallon in size and two (2) trees fifteen-gallon in size. Four (4) five-gallon shrubs may be substituted for one (1) of the fifteen-gallon trees. Variances to these minimum requirements may be made by the ARC based on Lot size. In addition, for corner Lots only, any public right-of-way areas adjacent to the Lot will be included in the front yard area in applying minimum requirements. Landscaping plans for side yards adjacent to driveways shall include a minimal amount of plant material only granite in this area is not acceptable. 4. Approved plant materials are listed on the Low Water Using Plant List provided by the Arizona Department of Water Resources, which is available at: 5

6 ts/default.htm. In addition, on September 9, 1999, the Board of Directors approved the addition of Queen Palm trees and Salcina species of trees to the Plant Material List and on December 19, 2000 the addition of Natal Plum shrubs was approved to be added to the list. On December 21, 1999, the Board of Directors approved Citrus trees as well as any additional plants not included in the approved Plant Material List to be permitted in the confines of the backyard subject to the following specifications: (a) Citrus trees must be of a dwarf variety. (b) Such trees should be setback a minimum of ten feet (10 ) from all property lines to prevent damage to common area walls due to the watering requirements of citrus trees. (c) Citrus tree owners must ensure fruit is kept off the ground to prevent the proliferation of vermin. 5. The ground surfaces of all yards shall be covered with approved inert or living materials or a combination of both. Approved inert materials shall include: (a) River Rock (3 to 6 in diameter), not to exceed ten percent (10%) of yard. (b) All decomposed granite natural colors are approved for installation in the front and backyard landscaping. No artificial rock, lava rock, white rock and/or painted rock will be allowed. (c) Crushed granite. (d) Boulders must be from the Valley area and buried no less than six inches (6 ) in depth. Boulders may not exceed four feet (4 ) in diameter, width or height. As landscape features, boulders may not be configured in any manner so as to appear as a fence or barrier. The number of boulders may be limited by the ARC, according to the overall size and scale of the property. (e) Additions or variances must be approved by the ARC. For the purpose of these Design Guidelines, topsoil or decomposed granite smaller than 3/8 inch minus will not be considered inert material. Ground cover, inert material and any other landscaping softscape or hardscape shall not be used to spell out or form names, nicknames, initials, names of states or cities, athletic teams, slogans, state emblems, geometric patterns or any other word, image, symbol or communication. 6. Excessive use of concrete and/or items created from concrete and/or flagstone in front and street side yards will not be allowed. No concrete and/or items created from concrete and/or flagstone may be located adjacent to the driveway areas other than that which were initially included with the Residential Unit. Additional concrete and/or items created from concrete and/or flagstone walking areas not exceeding four feet (4 ) in width and front patios may be considered for approval by the ARC. 7. If a warm season grass is used that will go dormant in winter, such as Bermuda, over seeding with Rye seed shall be required to ensure grass remains green year-round. 8. Fountains shall be limited in height to four feet (4 ) above the finished grade of the Lot. All fountains shall be of natural materials, color and design, each of which are compatible with the overall architectural theme of Stetson Hills, as determined by the ARC. Fountains installed in front yards must be setback a minimum of twenty feet (20 ) from the front property line. It is recommended that water features be chlorinated. 9. No landscape feature shall be in excess of four feet (4 ) in height. Statues, topiary and artifacts will not be allowed in the front or street side yard with the exception of temporary statues, artifacts and other holiday decorative items which may be allowed within a reasonable period of time as specified under Exterior Lighting in regard to holiday decorations. Statues, topiaries and artifacts are permitted in rear yards if not Visible from Neighboring Property. 10. The use of solid plastic sheeting or polyethylene over ground areas will not be permitted. If landscape fabric is used, it must allow the free flow of water, air and gases to and from the soil. Comparable materials may be used only with prior approval of the ARC. 11. Each Owner must submit landscaping plans for review by the ARC. The procedures for submittal are described in Article 3, Section 3.2 of the Declaration. 12. Vines, over time, destroy the EIFS/stucco structures. Vines are not permitted on either common or perimeter stucco walls. 13. No tree, shrub or planting of any kind on any Lot, Parcel or other property shall be allowed to overhang or otherwise to encroach upon any sidewalk, street, bicycle path or pedestrian way from ground level to a height of eight feet (8 ) without the prior approval of the ARC. L. MAINTENANCE OF LANDSCAPING Each Owner of a Lot or Parcel shall properly maintain and keep neatly trimmed, properly cultivated and free of trash, weeds and other unsightly material all Landscaping located on (i) Owners Lot or Parcel; (ii) any public right-of-way or easement area which abuts or adjoins the Owner s Lot or Parcel and which is located between the boundary line of his Lot or Parcel and the paved area of any street, sidewalk, bike path or similar area (unless otherwise directed by the Board); and (iii) any non-street public right-of-way or easement area adjacent to his Lot or Parcel (unless otherwise directed by the Board); provided, however, 6

7 that such Owner shall not be responsible for the maintenance of any areas over which the Association assumes the responsibility in writing or the City of Phoenix, Maricopa County or any other municipality or other governmental agency or entity having jurisdiction over such property assumes responsibility. Proper maintenance of Landscaping shall include, without limitation, removal and replacement of dead Landscaping, subject to the Design Guidelines. M. PAINTING 1. Homes that are to be repainted will require review and approval by the Community s ARC. This review is to ensure compliance with submittals. 2. The Paint Application Submittal Form is available at Plot Plans are not required with requests to repaint the houses. 3. The time limit to complete the painting will be 60 days from the time the approval letter is mailed. 4. After completion of the painting the ARC will do a follow up to ensure compliance with the submittal. 5. Members are strongly encouraged to paint a small area with the paint they are planning to use to ensure it complies with their submittal. N. PATIO COVER ADDITIONS Patio cover additions shall be of the same design as those offered by the original Builder. Materials, colors and trim items must be the same as those used on the Residential Unit. If proposed patio cover addition was not offered by the original Builder, such addition may not exceed ten percent (10%) of the footprint of the Residential Unit. O. PLAY STRUCTURES Swing sets or other play structures ( Play Equipment ) must be located at least five feet (5 ) from adjacent Lots and may not exceed eight feet (8 ) in height, including the height of the canopy, from the ground level. Play Equipment Visible from Neighboring Property shall be painted to match the color scheme of the Residential Unit or have a natural wood finish. Any canvas canopy shall be a natural color and no flags are allowed. All structures shall be maintained so as to present a neat and clean appearance. Screening of Play Equipment with appropriate landscaping and thorough consideration for all neighbors is required. ALL PLAY EQUIPMENT MUST BE APPROVED BY THE ARCHITECTURAL COMMITTEE PRIOR TO INSTALLATION. P. POOLS, SPAS AND JACUZZIS All pools, spas and Jacuzzis must be installed according to the City of Phoenix and Maricopa County ordinances and will require protective fencing and be subject to applicable setback requirements. In no instance shall any portion of a perimeter fence be temporarily removed or altered, including but not limited to removal in connection with the installation or construction of a swimming pool WITHOUT THE PRIOR WRITTEN APPROVAL OF THE ARC. Any owner in violation of this provision shall be subject to such monetary penalties and suspension of voting rights and Common Area use rights as may be established by the Board. Access may be gained by removing a portion of the front wall on the side of the home. Repairs to the wall must be completed in a timely fashion and include repairing the wall to match the texture and color of the remaining wall. In addition, Lots which have wrought iron fencing must attractively screen all pool, spa and Jacuzzi equipment from View of Neighboring Property. Q. ROOFTOP EQUIPMENT No machinery, fixtures or equipment of any type, including but not limited to heating, ventilating, cooling, evaporative, air-conditioning and appurtenant equipment may be mounted, installed or maintained on the roof or wall mounted on the Residential Unit or other building so as to be Visible from Neighboring Property. R. SECURITY DOORS Security doors shall be permitted provided that they are of a color to match or complement the front door trim or body color of the home. All security door designs must be submitted to the ARC for approval prior to installation. 7

8 S. SIGNS No sign shall be erected within the Community, except those required by law, including posters, circulars and billboards; provided the following types of signs may be erected on a Lot or Parcel without written consent so long as the permitted signs are professionally painted, lettered and constructed: 1. Signs required by legal proceedings. 2. One (1) residential identification sign, identifying a Lot or Residential Unit by number, address or Occupant in a style designated by the ARC, not to exceed seventy-five (75) square inches in size will be permitted. 3. No more than one (1) professionally lettered For Sale or For Rent sign of customary size to be placed on any individual Lot within the Community. Such sign shall be located wholly within the Lot being advertised For Sale or For Rent. The sign shall not be allowed to remain on a Lot or Parcel for more than a total of one hundred and twenty (120) days during any three hundred and sixty five (365) day period. 4. Owners shall be permitted to post a reasonable number of professionally designed home protection/security signs from a security/alarm company providing services to such Owner or the Residential Unit. One single-sided security/alarm sign may be placed in the front yard where it is visible to persons approaching the Residential Unit and a sign may also be placed in a window of the Residential Unit. The signs shall not exceed seventy five (75) square inches in size. 5. Temporary Open House signs indicating that a Residential Unit is available for inspection by interested parties, but such signs may only be erected or maintained during the hours of 10:00 AM through 6:00 PM on Saturday, Sunday, legal holidays or other days designated by the ARC. 6. One temporary sign identifying the contractor installing landscaping or a pool on the Lot or Parcel, but only during the period that such installation is in progress. 7. Per Revised State Statute no more than one (1) political sign not to exceed twenty-four inches (24 ) by twenty-four inches (24 ) may be erected forty-five (45) days prior to an election and must be removed no later than seven (7) days after an election. T. SOLAR EQUIPMENT PANELS OR DEVICES No solar heating equipment or device is permitted outside the Residential Unit except such devices whose installation and use is protected by Applicable Law and governmental regulations. Notwithstanding such protection, an application for such equipment or device must be submitted for approval to the ARC prior to installation and approval will be granted based on the following guidelines: 1. Solar collectors, whenever possible, should be installed on the plane of the roof and be flush mounted. 2. Aluminum trim, if used and visible, should be anodized or otherwise color treated. 3. All exterior plumbing lines should be painted in a color scheme which matches as closely as possible to the color of the structure and materials adjacent to the pipes (i.e. pipes on walls should be painted the color of the walls while roof plumbing should be the color of the roof). 4. Panel materials should be dark in color. 5. A sample or illustrated brochure of the proposed solar unit should be submitted with the application, which clearly depicts the unit and defines the materials to be used in the installation. 6. A plan showing the location and number of solar collectors must be provided. Solar units not mounted on the roof (ground mounted) should be installed according to the City of Phoenix setback requirements. Any such structures should be concealed from View of Neighboring Property when reasonably possible and be free of all future likelihood of shading from fences, trees, shrubbery and other vegetation. U. STORAGE SHEDS A storage shed shall be permitted and need not be submitted for approval provided the maximum height of the storage shed does not exceed the lowest adjacent property fence by more than six inches (6 ). Such storage shed must be painted the same color as the Residential Unit or block fence. The footprint of the base of the storage shed may not exceed a total of one hundred (100) square feet. V. TANKS No tanks of any kind (including tanks for the storage of fuel) shall be erected, placed or maintained on any Lot or Parcel unless such tanks are buried underground. Nothing herein shall be deemed to prohibit use or storage upon any Lot or Parcel of an above ground propane or similar fuel tanks with a capacity of ten (10) gallons or less used in connection with a normal residential gas barbecue, grill, fireplace, spa or hot tub, so long as any such tank is appropriately stored, used and/or screened, in accordance with the 8

9 Design Guidelines or as otherwise approved by the ARC so as not to be Visible from Neighboring Property. W. TRASH CONTAINERS AND COLLECTION No garbage or trash shall be placed or kept on any Lot, Parcel or other Property except in sanitary, covered containers of the type, size and style provided by the City of Phoenix. In no event shall such containers be maintained or stored so as to be Visible from Neighboring Property or from the street, except to make the same available for collection and then only for the shortest time reasonably necessary to effect such collection. All rubbish, trash or garbage shall be removed from the Lots, Parcels and other Property and shall not be allowed to accumulate thereon. No outdoor incinerators shall be maintained on any Lot, Parcel or other Property. X. TRUCKS, TRAILERS, CAMPERS AND BOATS No truck, mobile home, travel trailer, tent trailer, trailer, camper shell, detached camper, recreational vehicle, boat, boat trailer or other similar equipment or vehicle may be parked, maintained, constructed, reconstructed or repaired on any Lot, Common Area or other portion of the Community or on any street, so as to be Visible from Neighboring Property without the prior written approval of the ARC, except for (i) temporary construction trailers or facilities maintained during and used exclusively in connection with construction of any Improvement approved by the ARC; (ii) boats and vehicles parked in garages on Lots so long as such vehicles are in good operating condition and appearance and are not under repair; (iii) the storage of vehicles in any area designated or approved for such purposes by the Board of Directors (including, but not limited to, one or more recreational vehicle storage facilities, whether operated on a for profit or not for profit basis; (iv) motor vehicles not exceeding seven feet (7 ) in height and eighteen feet (18 ) in length which are not used for commercial purposes and which do not display any commercial name, phone number or message of any kind. For additional restrictions on motor vehicles, including but not limited to towing of vehicles, refer to Sections 3.24 and 3.25 of the Declaration. Notwithstanding the above, RVs and Travel Trailers may enter the community for the sole purpose of loading and unloading provided the following conditions are adhered to: a. RVs and Travel Trailers may be present in the community between the hours of 2:00 PM and 10:00 AM. Only three (3) separate, not consecutive, entries into the community are allowed in any seven (7) consecutive day period. b. They are to be placed only on the Owner s hard surfaced driveway or on the street in front of the Owner's home. c. No part of the RV, Travel Trailer, or towing vehicle may obstruct the sidewalk or block a fire hydrant. d. Water supply hoses shall only be deployed as long as necessary to fill storage tanks. e. Electric cords shall not create a tripping hazard on sidewalks. f. Generators are not to be run. g. Sections and 3.25 of the Declaration are still applicable. h. The loading and unloading of an RV or Travel Trailer does not incorporate its use for living or housing purposes while the vehicle is within the community. i. Pop outs are not to obstruct the street or sidewalk. j. Non compliance with these conditions will result in immediate daily fines. k. It is the vehicle owner's responsibility to be aware of and in compliance with the City of Phoenix codes in relation to parking on residential streets. Y. WALLS AND FENCES No alterations, changes or additions will be allowed to walls and/or fences originally installed by the Declarant or a Developer for any Residential Unit without the prior written approval of the ARC. Walls not provided by the Declarant or a Developer must be reviewed and approved in writing by the ARC prior to installation. The procedures for submittal are described in Article 3, Section 3.2 of the Declaration. Construction or alteration of all walls and/or fences between Lots ( Common Walls under the Declaration) must also be approved in writing by the Owner of the adjacent Lot. See Article 7, Section 7.6 of the Declaration for repair and maintenance responsibilities. 9

10 All wrought iron will be the responsibility of the respective Lot Owner to maintain, repair and replace. All wrought iron must be maintained in a rust free condition and painted in the color specified by the ARC and the Board of Directors. Z. YARD SALES AND GARAGE SALES Yard sales, garage sales, moving sales and any other similar such sales conducted from individual properties are not permitted without the prior written approval of the Board of Directors. It is anticipated that a Community Garage Sale will be offered to and organized by the entire Stetson Hills Community and will generally be permitted twice annually. Advanced permission from the Board of Directors must be obtained by the organizer(s) prior to the event. AA. DOWNSPOUTS AND GUTTERS: Downspout and gutter installations must be approved by the ARC and shall match the adjacent trim and body. IV. ARC AND PROPERTY OWNERS REQUIREMENTS A. ARC The ARC has been established to maintain the integrity of the architectural and design character established at Stetson Hills. To this end and as part of its duties, the ARC will review all proposed additions, improvements or alterations on all Lots as well as all landscaping, walls and fences on all Lots. Article 5, Section 5.11 of the Declaration sets forth provisions with respect to the ARC, including appointments to the Committee. Any and all approvals or denials will rest with the ARC. B. PROPERTY OWNERS Owners are required to submit plans to and receive written approval from the ARC prior to performing or installing (i) any additions, alterations, restorations or modifications to Residential Units; (ii) exterior painting; (iv) walls; (v) any concrete work or any other onsite Improvements specified within these Design Guidelines; and (vi) any and all other onsite Improvements. It shall be the responsibility of all Owners to comply with all standards and requirements of these Design Guidelines, as well as all requirements of the Declaration or any governmental authority having jurisdiction. C. SUBMITTAL FOR CHANGES AND ADDITIONS 1. Owners shall submit to the ARC through the management company an application form as provided herein showing the plans for the proposed Improvement and as follows: a. For landscaping plan approval or amendments to an approved landscaping plan, the Owner shall submit two (2) copies of the landscaping plan for the Lot (no smaller than 8 ½ x 11 or larger than 11 x 14 ), including a description of all varieties and sizes of trees and shrubs, with the location of each tree and shrub clearly delineated on the plan. To the extent the Owner can color code the trees and shrubs and provide a legend, it will facilitate review. b. In the event the Owner desires to install any hardscape, including but not limited to brick, masonry, concrete, rocks or other inert material, such items shall be clearly marked on the landscape plan and a legend shall be provided so that the ARC can easily determine the location and type of material. c. Lots have been designed and graded to provide positive drainage from the Lot and to protect environmental resources. In the event the Owner s plan proposes to alter the grade of the Lot, the locations of all drainage structures and direction and slope of flow must be indicated on the plan. The ARC s approval of any plan shall not be deemed to constitute an assurance that the grading or drainage change is properly engineered to avoid any undesirable impact. d. Owners must be in good standing with the Association and must have no outstanding assessments, fines or unresolved compliance issues in order for a review submittal to be considered by the ARC. e. For changes or additions to the Unit, the Owner shall submit two (2) copies of the plot plan and two (2) copies of the floor plan for the model and elevation. On such plans, the Owner shall draw the proposed changes or additions to the exterior elevation. If the Owner has a photograph of another house or a picture out of a magazine that will assist the ARC, such photo should be submitted. The application should contain a description of the materials and colors the Owner plans to use in such changes or additions. f. Owners are advised that the City of Phoenix requires certain permits, depending on the proposed change or alteration. It is the Owner s responsibility to comply with permit requirements. The Owner shall provide the ARC with copies of any such required permits. 10

11 g. Prior to or concurrently with submittal of a request for a permit to be issued by the City of Phoenix, the Owner shall obtain the approval of the ARC of any plans, changes or alterations inclusive of, but not limited to, those items outlined above. h. Any permit issued or approval given by the City of Phoenix will in no manner bind the ARC with respect to approval or denial of an application for items submitted for consideration; the ARC shall be fully independent and will have full authority for approval or denial of any such matters. 2. The ARC will review each submittal and respond within sixty (60) days after receipt of a complete application for approval (the Response Date ), by returning one set of plans to the Owner accompanied by an Architectural Design Approval Form (initialed by at least two (2) Committee Members) indicating the Committee s decision, in one of the following three forms: a. Approved The entire document submitted is approved in total. b. (b) Approved with Stipulation The document submitted is partially approved. An Owner may proceed with the work to be performed, unless noted otherwise; however, the Owner must comply with any and all notations on the submittal. The response will set forth suggestions for bringing disapproved items into conformity with the Declaration and these Design Guidelines. c. (c) Rejected The entire document submitted is not approved and no work may commence. The response will set forth the reasons for disapproval thereof and, if applicable, suggestions for bringing the document into conformity with the Declaration and these Design Guidelines. d. (d) Unable to Review Need More Information An Owner may not proceed with work until any and all additional information and/or documentation, as set forth in the response to the Owner, is submitted. The sixty (60) day period for review by the ARC will begin anew (prior review time is not applicable) with the submission of the additional information by the Owner. 3. In the event the ARC fails to respond by the Response Date, the document submitted will be deemed to have been approved, except as to those submittals and requirements which are otherwise imposed by or required under these Design Guidelines or the Declaration. ARC decisions shall be based solely on the information contained in the submittal. Owners must call the Association Management Company prior to starting any work if written approvals have not been received to ensure correspondence has not been lost in the mail. The approval of the ARC may contain a deadline for commencement and/or completion of work for which plans have been approved. If no deadline is specified in the approval or per the Declaration, the deadline for completion of the approved work shall be deemed to be sixty (60) days. If construction is not timely commenced and/or completed, the ARC s approval will be deemed withdrawn and such incomplete construction will be deemed to be in violation of these Design Guidelines. The ARC, the Association and their designated agents shall have the right, but not the obligation, to enter any Lot to inspect any work requiring approval of the ARC, both during performance and after completion of such work. Any work which has not been approved by the ARC, or which is not being performed in accordance with the plans approved by the ARC, will be immediately removed by the Owner of the Lot at such Owner s sole cost and expense. D. FEES In accordance with Article 3, Section of the Declaration, the ARC may establish and charge reasonable fees for review of application hereunder and may require such fees to be paid in full prior to review of any application. When making exterior home renovations and/or additions the following guidelines apply: 1. In order to ensure compliance with the Stetson Hills Community residential design guidelines, Exhibit C, Section B.6, dated August 1, 2003, square footage of the existing building footprint and square footage of the proposed addition will need to be provided. A check in the amount of $3,500 made payable to Stetson Hills Community Association, Inc. and forwarded to AAM LLC, 7740 North 16 th Street, Suite 300, Phoenix, AZ will also need to be provided. a. $2,500 is a refundable construction compliance deposit. b. $1,000 is to provide for professional architectural review of your plans and specifications. c. The architect s fee is an estimate for the architectural services if required to review your design. The final amount will be determined by the scope for the services needed. Any unused portion of the $1,000 will be refunded within a reasonable time following completion of the architect s services. If required by the project, any additional architectural fees must be paid before approval is granted. 11

12 Upon completion of the project, the $2,500 will be refunded upon verification that construction was completed as specified. 2. The above fee is for two purposes: a. Two half size copies of the construction drawings to include project manual/specifications must be provided to AAM. These drawings need to include the complete front elevation of the existing structure and the existing structure with the addition. b. Any approval by the ARC is conditional to the issuance of a building permit by the City of Phoenix, and compliance with the review comments of the Professional Architect. E. EFFECT OF BUILDING PERMITS If the plans submitted by an Owner require a building permit, the approval by the ARC is not a guarantee that such plans will be approved by the City of Phoenix. If the City of Phoenix requires modification to such plans, such modifications must also be submitted to and approved by the ARC for the Owner to remain in compliance with these Design Guidelines. V. NON-LIABILITY FOR APPROVAL OF PLANS PRIOR TO SUBMITTING PLANS AND INFORMATION FOR REVIEW, YOU SHOULD READ AND UNDERSTAND THE DISCLAIMER IN ARTICLE 5, SECTION 5.4 OF THE DECLARATION. The review and approval of any application pursuant to Article 3, Section 3.2 of the Declaration is made on the basis of aesthetic consideration and neither the Association, its officers, the ARC, the Board of Directors, the Association management agent or any member of the foregoing shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other governmental requirements. The Association, its officers, the ARC, the Board of Directors, the Association management agent or any member of the foregoing shall not be held liable for any injury, damages or loss arising out of the manner or quality of approved construction on or modifications to any Lot. In all matters, the ARC and its members shall be defended and indemnified by the Association, as provided in the Bylaws. VI. VII. DAMAGE BY OWNER If a Party Wall is damaged or destroyed by the act of one adjoining Owner, or his Occupants, invitees, lessees, family members, employees or agents (whether or not such act is negligent or otherwise culpable), then that Owner shall immediately rebuild or repair the Party Wall to its original condition without cost to the adjoining Owner and shall indemnify the adjoining Owner from any consequential damages, loss or liabilities. No Owner shall violate any of the following restrictions and any damage (whether cosmetic or structural) resulting from violation of any of the following restrictions shall be considered caused by the Owner causing such action or allowing such action to occur on such Owner's Lot: a. No Owner shall allow sprinklers to spray to deliver water within five feet (5') of any wall. b. No Owner shall allow any plant to attach to wall (e.g. ivy) Plants on view fence for privacy are acceptable as long as the fence is maintained in a rust free and properly painted manner. c. No Owner shall plant trees so as to cause damage to walls. CHANGES AND AMENDMENTS TO THESE DESIGN GUIDELINES These Design Guidelines may be amended as follows: A. The ARC shall have sole and full authority to supplement and amend these Design Guidelines subject to the supervision of the Stetson Hills Board of Directors. B. Any amendment to these Design Guidelines will be promptly made available online to all Owners and additional copies made available at the Association management company. Such amendments shall not be retroactive to previous work or approved work in progress. C. In no way will any amendment to these Design Guidelines change, alter or modify any provision of the Declaration, the Articles or Bylaws of the Association. 12

13 ARCHITECTURAL COMMITTEE SUBMITTAL FORM Please mail to: Stetson Hills Community Association c/o AAM, LLC ~ Attention: Community Manager 1600 W. Broadway Rd., Ste 200 ~ Tempe, AZ Phone: (602) Fax: (602) or PLEASE CHECK APPROPRIATE BOX BELOW: ARE YOU SUBMITTING PRIOR TO LIVING IN THE COMMUNITY? I AM CURRENTLY LIVING IN THIS COMMUNITY. Name: Date: Community: Lot# Property Address: Phone# Current Mailing Address: Submittal Type: i.e., landscaping changes to be made to my property and changes to the exterior of my home Type of Material to be used - (attach samples / pictures / brochures): Color to be used (attach samples / pictures / brochures): MUST INCLUDE A PLOT PLAN INDICATING LOCATION OF SUBMITTAL AND INCLUDE APPLICABLE MEASUREMENTS AND DIMENSIONS. INCOMPLETE SUBMITTALS WILL BE DENIED Homeowner agrees to comply with all applicable City and State laws, and to obtain all necessary permits. Approval by the Architectural Committee shall not be deemed a warranty or Representation as to the quality of such construction, installation, addition, alteration, repair, change or other work, or that work conforms to any applicable building codes or other Federal, State or local law, statute, ordinance, rule or regulation. All work must be completed within 60 days from the date of the approval letter. Architectural Design Committee requests will be reviewed within 30 days. Requests will be approved, denied or returned for additional information. Homeowner Signature: Date: Homeowner address: Office Use Only The Above Described Architectural Change Has Been APPROVED subject to the following condition(s): DISAPPROVED SIGNATURE DATE

14 Stetson Hills Community Association Home Exterior Repainting Policy Introduction: The Stetson Hills Community Board of Directors has approved nine new exterior paint color schemes, which are available in the Coventry, Morrison, Shea, Pulte subdivisions. Additionally, two new color schemes are available for the T. W. Lewis subdivision. Policy: 6. Homes that are to be repainted with the original color or one of the new color schemes will require review and approval by the Board s Architectural Review Committee. This review is to insure diversity is maintained with adjacent houses and to insure compliance with submittals. The new color schemes must be applied as stated i.e. Body. Accent, and Trim colors are not interchangeable. Keep your roof tile color in mind if changing colors. 7. The Paint Application Submittal Form is available at Plot Plans are not required with requests to repaint the house the original color or one of the new color schemes. 8. Information on the new color schemes is available at Dunn-Edwards, 3410 West Bell Rd. and at the Stetson Hills Website 9. The time limit to complete the painting will be 60 days from the time the approval letter is mailed. 10. After completion of the painting the ARC members will do a follow up to insure compliance with the color scheme submitted Members are strongly encouraged to paint a small area with the paint they are planning to use to insure it complies with their submittal. 14