Bent Tree of Ocala Homeowners Association

Transcription

1 Bent Tree of Ocala Homeowners Association Plan Review Committee Standards and Guidelines Version 1.2 Handbook for Homeowners Approval by the Board of Directors February 20, 2014 Original Version 1.0 Adopted January 1, 2008 Version 1.2 Adopted February 20, 2014

2 Prologue During the May 16, 2013 noticed Board of Directors meeting, the Plan Review Committee (PRC) Chair was tasked with conducting a preliminary review of the PRC Standards and Guidelines Handbook for Homeowners Version 1.0. The review was to recommend to the Board if updates and/or revisions to the Handbook based on the communities governing documents, current Florida Statues and Florida Laws and input from Homeowners were needed. Homeowners were provided with a copy of version 1.0 of the Handbook (see Bent Tree of Ocala Newsletter dated May 2013) and requested to review and provide comments to the PRC Chair by July 1, During the July 18, 2013 noticed Board of Directors meeting, the PRC Chair, based on his preliminary review and input from the community, recommended a revision to the Handbook. A committee was formed and assigned the responsibility to update/revise the PRC Standards and Guidelines Handbook for Homeowner and present a draft revised version of the Handbook to members of the Board during their September 19, 2013 meeting. The revised version 1.1 of the Plan Review Committee (PRC) Standards and Guidelines Handbook for Homeowners was reviewed and accepted as revised by the Board of Directors at a duly noticed meeting on September 19, 2013 subject to and pending a review from the homeowners. Version 1.1 will be forwarded to each homeowner for comment during the week of September 23. Homeowners will have until the Annual Meeting (schedule for October 24, 2013) to provide input/comment. After the Annual Meeting of Members, the PRC and Board will review homeowner input and either approve the final version or send it back to committee for rework. Version 1.1 of the Plan Review Committee (PRC) Standards and Guidelines Handbook for Homeowners was forwarded to each homeowner during the week of September 23, 2013 for review and comment. On October 24, 2013, during a duly noticed organizational meeting of the Board of Directors, homeowners input was reviewed and two changes to Version 1.1 were adopted by the Board. The PRC Chair was asked to update Version 1.1 and change the version number to 1.2. Version 1.2 of the Handbook should be delivered to each homeowner by the end of February

3 Table of Contents Prologue (Revision History) 2 Table of Contents 3 Purpose of the Handbook 4 Basis For and Objectives of Protective Covenants 4 Role of the Plan Review Committee 4 Alterations Requiring Review and Approval by the PRC 5 Application and Review Procedures 5 Design Guidelines 5 Antennas and Satellite Dishes 6 Clotheslines 6 Decks, Gazebos, Pergolas and Screened Enclosures 6 Driveways 6 Exterior Air Conditioners 6 Exterior Lighting 6 Exterior Painting 7 Privacy Fences and Hedges 7 Flags 7 Hurricane Shutters 7 Hot Tubs/Spas 7 Irrigation Systems and Wells 8 Landscaping 8 Mailboxes 8 Mulch 8 Patios 8 Signs 8 Recreation and Play Equipment 9 Recreation Vehicles 9 Sidewalks and Pathways 9 Solar Panels 9 Storage Sheds 9 Structures-Detached 9 Swimming Pools 10 Trash Containers 10 Tree Removal 10 Grandfather Clause 10 Appendix: PRC Application Form 10 3

4 Purpose of the Handbook This handbook provides the homeowners with the objectives, scope, and application of design standards and guidelines, which will be used to maintain the aesthetic appearance and environmental quality of the community. The handbook provides specific design standards and guidelines that have been adopted by the Board of Directors of the Homeowners Association. It also explains the application and review process that must be adhered to by homeowners seeking approval for any exterior modifications or changes to their homes or lots that are subject to approval by the Association. Homeowners are reminded that approval by the Plan Review Committee for a proposed change does not remove the need for the appropriate building permits or other documentation. This handbook will serve as a valuable reference source and will assist homeowners in preparing acceptable applications for review by the Association s Plan Review Committee. All homeowners are encouraged to retain the handbook for future use. Basis For and Objectives of Protective Covenants The legal documents for the Homeowners Association include the Declaration of Covenants and Restrictions. They impose use restrictions and specify the process for obtaining approval for changes, improvements or alterations to an owner s lot. Legally, these covenants are a part of the deed for each home and are binding upon all initial homeowners and their successors in ownership, irrespective of whether or not these owners are familiar with such covenants. The primary purpose of this document is to establish design guidelines for the entire community. The promulgations and enforcement of design guidelines is intended to achieve the following objectives: Maintain consistency with the overall design concept for the community; Promote harmonious architectural and environmental design qualities and features; Promote and enhance the visual and aesthetic appearance of the community; Maintain a clean, neat and orderly appearance. The enforcement of design standards not only enhances the physical appearance of a community but also protects and preserves property values. Homeowners, who reside in association communities that enforce design covenants are protected from actions of neighbors that can detract from the physical appearance of the community and, in some cases, diminish property values. In fact, surveys of homeowners living in association communities consistently reveal that this was an important consideration in their decision to purchase a home. Role of the Plan Review Committee All homeowners within the Bent Tree Community are automatically members of the Homeowners Association. The Association is a not-for-profit corporation that owns, and is responsible for the upkeep and maintenance of all common properties within the community. The Association is also responsible for the administration and enforcement of all covenants and restrictions. The Declaration of Covenants and Restrictions for the Homeowners Association provides the scope and authority of the Plan Review Committee (PRC), a permanent committee of the Association. The Board of Directors (BOD) of the Homeowners Association appoints the members of the PRC. The Plan Review Committee is responsible for enforcing the Association s Design Guidelines for new home construction, exterior modifications to homes and improvements to lots as proposed by lot owners. The PRC will review and approve (or disapprove) applications submitted by lot owners for new home construction and exterior additions, alterations or modifications to a home or lot using Design Guidelines approved by the Association s Board of Directors. As part of its responsibilities, the Plan Review Committee will make recommendations to the Board of Directors with respect to the modification of the Design Guidelines initially approved by the BOD. The BOD will also be responsible for reviewing possible violations of the Association s Design Guidelines. 4

5 Alterations Requiring Review and Approval by the Plan Review Committee Essentially changes, permanent or temporary, to the exterior appearance of a building or lot are subject to review and approval by the Plan Review Committee. The review process is not limited to major additions or alterations, such as adding a room, deck or patio. It includes such minor items as changes to color and materials. Approval is also required when an existing item is to be removed. There are a number of exceptions to this otherwise inclusive review requirement. 1) Building exteriors may be repainted or re-stained provided that there is no color change from the original. Similarly, exterior-building components may be repaired or replaced so long as there is no change in the type of material or color. 2) Minor landscape improvements do not require Plan Review Committee approval. This includes foundation plantings, single specimen plants or small-scale improvements which do not materially alter the appearance of the lot, involve a change in topography or grade, and which are not of sufficient scale to constitute a natural structure. NOTE: If there is any doubt as to whether or not a proposed exterior change is exempt from design review and approval, homeowners should first seek clarification from the Plan Review Committee before proceeding with the improvement. Application and Review Procedures Application and review procedures used by the Plan Review Committee are detailed below: 1) Applications. All applications for proposed improvements must be submitted in writing using the application form authorized by the Plan Review Committee. A copy of this form is included as an exhibit to this handbook. Applications must be complete in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies that must be remedied in order to be considered for review. 2) Supporting Documentation. The application must include a complete and accurate description of the proposed improvement(s). To permit evaluation by the Plan Review Committee, supporting exhibits will frequently be required. Examples include: a lot site plan showing the location and dimension of the proposed improvements; architectural drawings or plans, as applicable; landscape plans; material and/or color samples, etc. The design guidelines and application form provide guidance with respect to the supporting documentation required for various types of improvements. 3) Time Frame for Completion of the Review. The PRC is required to approve or disapprove any proposed improvement within thirty (30) days after the receipt of a properly completed application. However, the thirty (30) day review period will only commence upon the receipt of a complete application form, including any required exhibits. It is therefore advisable for homeowners contemplating substantial improvements to first ensure that they are aware of all required supporting documentation prior to submitting a design review application. 4) Notice of Approval/Disapproval. Homeowners who have submitted design review applications will be given written notice of the decision of the PRC. 5) Appeal Procedures. Homeowners who have submitted design review applications may appeal decisions of the PRC to the Board of Directors. Design Guidelines The Board of Directors has adopted the specific Design Guidelines detailed below Please note; these guidelines will not cover every situation. If you wish to make a permanent or significant visual modification to your property that is NOT explicitly covered in these Design Guidelines, you still must submit an application to the Plan Review Committee. Please follow the application procedures and note on your application that your request is a special circumstance. 5

6 Antennas and Satellite Dishes Exterior antennas are prohibited. Homeowners may install satellite dishes for the purpose of receiving audio and/or video programming and media reception. A dish antenna that is twenty-four inches (24) or less in diameter (i.e., Direct Broadcast Satellite) is permitted. The satellite dish must be mounted to the outside of the house in the location that best minimizes its visibility from the street and from other homes. The dish should be mounted on the back of the house or otherwise cannot be obtained from these locations; the satellite dish should be located as unobtrusively as possible on the property. Masts higher than six (6) feet will not be permitted. Screening, such as shrubs, is required where possible. The PRC must approve all satellite dish installations. Clotheslines Use of clothesline is permitted but require PRC approval as to location (backyard within 12 feet of the house), size (not to exceed a height of six feet), type (portable folding umbrella drying rack) and time of use (7 a.m. to 5 p.m.) and must be removed when not in use. Decks, Gazebos, Pergolas and Screened Enclosures The PRC must approve all decks, gazebos, pergolas and/or screened enclosures. Homeowners are advised to consider the following factors: 1) Location. Must be located in rear yards. 2) Scale and Style. The scale shall be compatible with the scale of the house as sited on the lot Decks, particularly if elevated should be of a scale and style compatible with the home to which attached, adjacent homes and the environmental surroundings. 3) Materials. Construction materials for decks, gazebos and pergolas must be of smooth high quality pressure treated lumber or comparable composite material. Screened enclosures must be constructed using aluminum. Gazebos and Pergolas MUST be secured by footer, strapped or bolted to decking material. **Securing MUST be to County Specifications** 4) Color. Materials for decks and gazebos should be left in a natural condition to weather or treated with a neutral or wood color stain or sealer. Aluminum for screened enclosures must be white or bronze. Driveways PRC approval will be required for all driveway construction, extensions modifications and additions to driveways. The primary considerations will be no adverse aesthetic or drainage impact to adjoining lots or common area. Driveways will not be painted but can be stained. Additions or modifications must be of the same materials as the existing driveway design and color should be compatible with the lot, home and surroundings. Exterior Air Conditioners Individual air conditioning units mounted through windows or walls are prohibited. Plants or opaque fencing will screen exterior air conditioning units or heat pumps. The screening must encompass the entire height of the air conditioning unit or heat pump. The PRC must approve location and screening. Exterior Lighting The PRC shall be responsible for determining whether exterior lighting is an annoyance or unreasonably illuminates other owners property. Proposed replacement or additional fixtures must be approved and compatible in style and scale with the applicant s house. No exterior lighting will be directed outside of the applicant s property. Proposed additional lighting will not be approved if it will result in an adverse visual impact to adjoining neighbors due to location, wattage or other features. Low-voltage or solar-powered landscape lighting, including low voltage floodlights, is permitted along walkways, planting beds, or other landscaped areas, so long as all wiring is concealed from view, and light fixtures do not stand more than 18 inches above the ground. No more than 12 lights per lot are permitted without prior approval from the PRC 6

7 Exterior Painting An application is not required to repaint or re-stain an object to match the original color. However, all exterior color changes must be approved. Doors (to include garage door/s) will also need to be approved. This requirement applies to exterior walls, doors, trim, roofing and other appurtenant structures. Same colors will not be allowed next to each other, See Color Pallet Homeowner is required to use the approved exterior colors from HOA Color Pallet/Chart. Color pallet/chart is available from our Management firm. In addition, the homeowner must paint a swatch of the approved exterior colors on their house, if different than the original exterior house colors; this swatch must also be approved by the PRC. Privacy Fences and Hedges Written plan approval must be obtained from the Plan Review Committee prior to any privacy fence construction. No hedges shall be allowed to exceed a height of six (6) feet on any lot. Fences shall only be permitted in the back yard, subject to prior approval as herein provided. Fences shall be erected under the following guidelines: Back yard: All yard areas behind the front portion of a house, to also include the side yard. Chain Link: Up to a height of four (4) feet only, with top rail required. Wood: Pressure treated and maintained in its natural state. Up to six (6) feet in height, installed on the vertical with finished side to face front of property, (shadow-box style accepted since both sides are identical). Vinyl: White color only, up to a height of six (6) feet. Flags Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectfully manner, and on Armed Forces Day, Memorial Day, Flag Day, Independence Day and Veterans Day may display in a respectful manner portable, removable official flags, not larger than 4 ½ feet by 6 feet, which represents the United States Army, Navy Air Force, Marine Corps or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations. Wall mount is allowed. Pole is not to exceed 60. Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner s real property, regardless of any covenants, restriction, bylaws, rules, or requirements of the association, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, regardless of any covenants, restriction, bylaws, rules, or requirements of the association, one official United States flag, not larger than 4 ½ feet by 6 feet, and may additionally display one official flag of the State of Florida or the United States Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller the United States flag. The United States Flag must be illuminated during the hours of darkness. The flagpole and display are subject to all building codes, zoning setbacks, and other applicable governmental regulations, including, but not limited to, noise and lighting ordinances in the county or municipality in which the flagpole is erected and all setback and locational criteria contained in the governing documents. Hurricane Shutters The PRC must approve all hurricane shutters. Hurricane shutters may be put up or closed no more than 48 hours prior to the expected arrival of a named hurricane and must be removed or opened within 72 hours after the hurricane watch or warning has expired or as the board may determine. Hot Tubs/Spas Exterior hot tubs or spas must be located in the rear yard adjacent to the dwelling unit.. The exterior finish of an elevated hot tub should blend with the exterior finish of the home, deck or patio to which attached or most closely related. All hot tubs and spas must have a hard cover when not in use or incorporate other safety measures. Installation of exterior hot tubs or spas requires approval of the PRC. 7

8 Irrigation Systems and Wells Irrigation Systems on Owner s lots must be maintained. Central water is provided by a private utility. Owners must hook up to central water for residential use. Owner may not drill a private well for irrigation purposes. Landscaping All landscape installations must be approved in advance by the PRC. The entire yard is to be planted with Turf or plant beds (which require PRC approval). Front yards are not permitted to be all rock, mulch, stone, etc. In general, a design review application is not required for minor landscape improvements with the following exceptions: An application is required for installation of all landscape. Timbers and Railroad Ties are prohibited. A proposed improvement which is of such a scale or type as to be inconsistent with the existing design features of the home, adjacent houses and the surrounding area will require approval. Examples include the installation of multiple trees and plant beds that did not exist when the house was originally built. Six (6) flower pots (maximum allowed) in the front visible area. Mailboxes Any change to a mailbox requires the PRC approval (See Declaration Section 10.0). The mailbox shall contain only the name and address of the home occupant(s). Replacement of all mailboxes must be of identical design as that of the original unless approved by the PRC. No owner shall modify any Developer installed mailboxes without prior consent of the PRC. Nothing may be added or attached to the post structure or mailbox, including without limitation; flags, other signs, flowers, decorations, and license plates. Mailbox and post structure must be painted flat black. Mulch Plant beds, trees and borders visible from the street will be mulched with pine bark, cypress or melaleuca mulch or colored stone. Patios All patios construction requires PRC approval. Patios must be located in the rear yard behind the house. A durable construction material such as stone, brick, pavers, flagstone, concrete or similar material should be used. Any adverse drainage requirements that might result from the construction of a patio should be considered and remedied. The use of a partially porous patio surface or the installations of mulch beds adjacent to the patio are ways to eliminate drainage concerns. Signs Only one For Rent, For Sale, Garage Sale, or political sign may be displayed by a lot owner, the dimensions of which shall not exceed 24 x 24. Such For Rent, For Sale, Garage Sale, or political sign may only be placed on the Owner s Lot. Signs may only be placed in the front yard of available properties. Political signs may be displayed for a period of time commencing two weeks before the election for which each sign applies, and must be removed the day following the election. Refer to 7.0 of the Declaration. 8

9 Recreation and Play Equipment 1) Play Equipment Semi-permanent play equipment that either constitutes a structure or is appurtenant to an existing structure must be located in the rear yard. Examples include sandboxes, playhouses, swing sets, trampolines, etc. 2) Basketball Backboards A single PORTABLE basketball backboard may be adjacent to the driveway in the front yard. Clear Plexiglas backboards are encouraged. At all times, the backboard, hoop and net must be maintained appropriately. Poles are painted a solid earth tone or black. No court markings shall be painted, drawn or otherwise affixed to the driveway or playing surface. These PORTABLE basketball backboards MUST be removed from the road area daily (up to the garage area). 3) Temporary Play Equipment Temporary equipment will be confined to rear yards only. NOTE: Play Equipment is not to be intrusive to neighbors and will not be approved if it will result in an adverse visual impact to adjoining neighbors due to location and other features. This requires a PRC approval. Recreational Vehicles See Section of the Declaration Sidewalks and Pathways Sidewalks and pathways require PRC approval. They should be installed flush to the ground. Only stone, brick, concrete or similar durable construction material should be used. The scale, location, design and color should be compatible with the lot, home and surroundings. Solar Panels Solar panels and solar collectors are permitted and require PRC approval. Storage Sheds Storage sheds are freestanding buildings that are restricted to rear yard locations and require PRC approval. Every effort should be made to minimize the visible impact from the front of the dwelling unit or from a street. Storage sheds with metal siding or metal roofs are prohibited. Setback requirements from the rear and side lot lines shall be met. The following additional guidelines are applicable: 1) Design. The Architectural design of the shed will be compatible with the design of the home. 2) Size. Sheds should not exceed 12 feet by 12 feet and thirteen (13) feet in height at the highest point. 3) Materials. The exterior walls must be stucco. 4) Colors. The color scheme must be the same as for the house. 5) Roof. The roof covering and color of roofing material must be the same as the house. 6) Screening. Sheds on non-fenced lots will be screened with shrubbery a minimum of two (2) feet in height. Sheds located on fenced lots need not be additionally screened if fencing provides adequate screening. The PRC will make this determination. 7) Location. All storage sheds will be placed behind the rear of the house 8) Tree Removal. No tree over 8 inches in diameter measured at 2 feet above ground will be cut or damaged to allow the placement of the shed without approval of the PRC. Structures Detached (other than Storage Sheds) No other detached structures other than what is listed in this Handbook are permitted. 9

10 Swimming Pools Temporary or aboveground pools are not allowed. Only in-ground swimming pools are permitted. Pools must be located in the rear of the property. They must be approved by the PRC. All permanent swimming pools shall have security fencing or screen enclosures installed in accordance with existing jurisdictional codes. Screen enclosures must be approved by PRC. Pool construction shall be in accordance with applicable governing agency codes. Trash Containers All trash containers must be stored out of view of the street and neighboring properties on non-collection days. See Section 8.0 of the Declaration. Tree Removal Living trees in excess of eight (8) inches, measured two (2) feet above ground may not be removed without the prior approval of the PRC. Exceptions to this are trees that pose an imminent hazard to persons or property. Further defined, hazardous trees are those that are uprooted and leaning or have large limbs or branches that are splintered or otherwise damaged resulting in debris that may fall without warning. (Homeowners removing hazard trees without approval shall have written documentation and/or photographs of the hazard before removal). Trees approved for removal shall be cut at or ground down to grade level (on grade) or the stump should be ground down. Grandfather Clause Any change made to a homeowner s property which has been approved by the Association and is properly documented prior to the adoption of the above guidelines, need not be modified in accordance with the guidelines specified herein. Also, any improvements made by the original builder are automatically grandfathered. These modifications will be considered acceptable under this clause. Appendix Plan Review Committee (PRC) Application form (form subject to annual review and revision). 10