SUMMITPOINTE HOA OPERATING RULES

Transcription

1 OFFICIAL SUMMITPOINTE HOA OPERATING RULES 1. Overnight Street Parking a. Overnight street parking is forbidden on all community streets. Any vehicle parked on a community street between the hours of 3:00 AM and 5:00 AM shall be considered to be parked overnight and subject to towing at the owners expense. b. A warning ticket may be issued for first offenders and a final notice given for the second offense. The vehicle shall be towed if observed a third time. c. If a vehicle is observed to be parked in an unsafe or obstructive manner as determined by the Property Manager; the vehicle is subject to being towed at any time of the day. ARCHITECTURAL COMMITTEE The Covenants, Conditions and Restrictions (CC&Rs) of Summitpointe, Tract #6452, as recorded on September 22,1981, document number , Official Records of Santa Clara County, provide that the Summitpointe Homeowners Association is to maintain the common area, serve as a local self government and sustain the values and heritage of the community. Article IX of the CC&Rs establishes the Architectural Committee (the "Committee"), to sustain the architectural integrity of the community and Article IV of the CC&Rs describes the work that must be approved by the Committee. Article IX, section 9.5 establishes that the Committee may, from time to time and in its sole discretion, adopt, amend and repeal, by unanimous vote, the Architectural Committee Rules. ALL EXTERIOR WORK OF ANY TYPE MUST HAVE PRIOR APPROVAL BY THE ARCHITECTURAL COMMITTEE The Committee must review all proposals for new construction, additions, alterations, repairs, maintenance, etc. which affect the physical environment including but not limited to buildings, decks, fences, and landscaping. This process is for the pur pose of retaining the economic value and physical attractiveness of the entire community. NOTE: In order to give the homeowners direction with regard to any construction, additions or alterations they propose, the Committee has adopted the following guidelines. If there are any conflicts between the CC&Rs and this document, the CC&Rs will take precedence. Plans must be submitted to the Committee for approval in accordance with the CC&Rs and the guidelines provided herein may be utilized as an example of what is acceptable. These guidelines and any Committee approval given are pursuant to the procedures and requirements set forth in the Covenants, Conditions & Restrictions. Nothing contained in this document, the CC&Rs or by the approval by the Committee shall be construed as the requirements of the City of Milpitas or other controlling governmental body. You must obtain the necessary govern mental approvals and permits prior to commencing construction and must comply with all applicable laws, ordinances, and codes in addition to the CC&Rs and these architectural rules Page 1 of 9

2 OBJECTIVES: The Committee in examining applications for approval considers the various aspects of design with emphasis on the following objectives: 1. Landscape and Environment: To prevent the unnecessary destruction or blighting of the natural landscape or of the achieved man-made environment. 2. Relationship of Structures and Open Space: To ascertain that the treatment of built-up and open space is designed so that they relate harmoniously to the terrain and to existing buildings that have a visual relationship to the proposed construction. Consideration of compatibility to existing or plan-approved homes within the geographic vicinity of the project. 3. Consideration of Neighbors: To be considerate of neighboring owners and users by making sure that reasonable provision has been made for such matters as surface water drainage, sound and sight buffer, the preservation of views, light and air, integration of solar panels, total visual effect of roof lines, overhangs, trim, and other aspects of design which may have substantial effects on neighboring property. GENERAL STANDARDS: The following general standards have been established to give the homeowners direction in obtaining the approval of the Committee: Architectural Standards: 1. No dwelling unit shall be constructed at a cost of less than $100,000 based on cost levels prevailing in The main structure, exclusive of basements, patios, open porches, outbuildings and garages shall not be less than 2000 square feet for a one-story dwelling unit nor less than 2400 square feet for a dwelling unit of more than one story. 3. Structures and additions should be in scale with existing structures in Summitpointe, if any, and abrupt changes in style within one structure should be avoided. New structures and additions should blend with existing structures. 4. Exterior paints shall be earth tones. The use of natural materials such as wood, brick, and stone is encouraged. Flamboyant colors are to be avoided. Use of flat paint shall be encouraged. All colors must be approved by the Committee. 5. Darker trim with lighter body colors or light trim with darker body are encouraged for variety. 6. Structures should include a variety of design components such as shadow relief, offsets, pop-outs, overhangs, and recesses to provide visual interest. 7. Design elements on the front elevation should be carried over or wrapped around to the side and rear elevations. While the detail may not be as extensive as in the front, key design elements should extend beyond the front elevations six (6) feet or more. Page 2 of 9

3 8. Roof materials should be compatible with the exterior materials. 9. Flat roofs should be avoided or hidden behind strong facades or behind pitched roofs. 10. Avoid uninterrupted siding material. Large expanses of one material should be broken up with detailing of different material. 11. Although it is recognized views may be disturbed, views of adjacent properties should be considered when reviewing building height, roof lines, fencing, and landscaping plans. The structure should conform to the property. The maximum height of the building should not exceed thirty-two (32) feet. 12. A-frames, geodesic domes, and underground homes do not conform to the architectural standards of the project. Landscaping Standards: 1. Property owners have nine (9) months subsequent to final inspection by the governing agency to install permanent and complete landscaping. a. Within the landscape area of the streetscape, one twelve (12) foot orchard grown olive tree is required, as specified in the City of Milpitas' La Cuesta PUD No. 21. The streetscape is that area of the lot that is exposed to view from the street. b. The entire landscape area should be treated with a combination of trees, shrubbery, ground cover, and hardscape. c. The trees planted should not exceed thirty (30) feet in height when mature. The reference used by the Committee will be Sunset's Western Garden Book or its equivalent. Trees should be placed in such a manner as not to excessively hang over the neighboring lot. Tree locations and mature heights should be such as to preserve the views of the neighbors, not only the adjacent neighbors but other neighbors whose view may be impacted by the placement or size of the trees. 2. Hardscape: All decorative walls and flatwork shall be an integral component of the architectural design. Integration of textured surface, i.e. brick, timbers, stamped and textured concrete is encouraged. 3. Extensive use of tan bark, rock or paved areas is discouraged. 4. Irrigation: All planting should have adequate irrigation to ensure its viability and be designed for slope protection and erosion control. 5. No fences are to be erected except for pool or dog run areas. In such cases, hedge planting should be used to obscure the fencing. Dog runs should not be visible to neighboring properties. 6. Hedge planting along lot lines is to be discouraged. Page 3 of 9

4 Miscellaneous Standards: Summitpointe HOA 1. Fencing, when approved, should be designed to be compatible with the home and the immediate neighborhood. 2. Exterior lighting: Low intensity lighting for safety and functional use of exterior spaces at night is permitted. Multi-colored lighting (except on holidays) for dramatic effect is discouraged. Lighting should be oriented or aimed so as to be considerate of neighbors. 3. Items to be screened: The following items shall not be exposed to public view or view from any other lot: a. Refuse storage containers; b. Clothes drying lines; c. Areas for prolonged storage of building materials; d. Structures for the housing or confinement of a household pet; e. Any similar items that tend to diminish the image of the community. 4. Consideration should be given to the placement of mechanical equipment such as air conditioners to minimize the visual effect and the neighborhood disturbance. 5. Solar collector panels should be designed as an integral component of the roof system or landscaping. If part of the landscaping, the panels shall be properly screened by landscaping as to conceal the panels from the neighbors views. 6. Television antennas and utility lines and wires shall be concealed and out of view. 7. Satellite receiver dishes/antennas. a. Satellite receiver dishes/antennas shall be concealed and out of view. This may be done by building the dish into the ground and concealing by artificial rocks or concealing as a piece of patio furniture. b. The satellite receiver dishes/antennas should be capable of withstanding wind loading of up to 120 miles per hour. This is in accordance with measured winds of the community. 8. The exterior color scheme should complement the architectural style, or design of the home, and be compatible with existing (or plan approved) homes within Summitpointe. Page 4 of 9

5 APPROVAL PROCESS Any property owner proposing to perform any work of any kind which requires the prior approval of the Committee shall comply with the following approval process: A. Application: An owner shall notify the Committee of the proposed work in writing by submitting those items, as appropriate, specified on the Submittal Checklist (see pages11-12) which is a portion of the Committee Rules. B. Review: The Committee shall review those items submitted and if necessary may request additional information. The Committee shall have thirty (30) days to determine if the plans and specifications for the proposed work conform to the CC&Rs and the Committee Rules. If the Committee shall require further information, the thirty day review period shall be extended by the number of days elapsing from the date of submission to the date the requested information is received by the Committee. C. Approval: The Committee shall approve or reject the proposed work within 30 days of receipt of the application unless such time is extended as set forth above. Such approval or rejection shall be in writing and shall specify those items which do not conform to the CC&Rs or Committee Rules. If the Committee fails to respond within 30 days, the proposed work shall be deemed approved. D. Proceeding with Work: Upon receipt of approval, or failure of the Committee to respond within such 30 days, the owner shall diligently proceed with the commencement and completion of the work for which the owner applied. The work for which the owner has applied shall be completed within one (1) year from the date of such approval. In the event that the owner is requesting approval to construct the dwelling unit, a certificate of occupancy shall be issued no later than one (1) year following the date of construction thereof and all landscaping shall be completed within nine (9) months from the date the certificate of occupancy is issued. If the owner shall fail to comply with the above requirements, any approval shall be deemed revoked unless the Committee, upon written request of the owner made prior to the expiration of the applicable period, extends such time. An extension will not be granted except upon a finding by the Committee that there has been no change in the circumstances upon which the original approval was granted. E. Inspection of Work: Upon the completion of any work for which approved plans have been required, the owner shall give written notice thereof to the Committee. Within sixty (60) days after receipt of such notice the Committee may inspect the work to determine if the work was completed in substantial compliance with the approved plans. If the Committee fails to notify the owner of any non-compliance within such period, the work shall be deemed to be in accordance with the approved plans. Page 5 of 9

6 If the Committee finds that the work was not done in substantial compliance with the approved plans, it will notify the owner in writing of the non-compliance. The owner shall have thirty (30) days from the notification of non-compliance in which to remedy the non-compliance. If the owner shall fail to remedy the noncompliance within the thirty (30) day period the Summitpointe Homeowners1 Association Board of Directors shall be notified by the Committee so that a hearing before the Board may be held regarding the alleged noncompliance. The hearing date will be not more than thirty (30) days nor less than fifteen (15) days after the notice of non-compliance is given to the Board by the Committee. Notice of the hearing is to be given at least ten (10) days in advance thereof by the Board to the owner, the Committee, and at the Board's discretion, to any other interested party. At the hearing, the owner, the Committee, and, at the Board's discretion, any other interested party may present information relevant to the question of the alleged non-compliance. After considering the information, the Board shall determine whether there is a noncompliance and the estimated cost of correcting the same. If a non-compliance exists, the Board shall require the owner to remedy the non-compliance within forty-five (45) days from the date of the Board ruling. If the owner does not comply with the Board ruling within such period or extension thereof, as granted by the Board, the Board shall remedy the non-compliance and the owner shall reimburse, upon demand, the Association for all expenses incurred in connection therewith. If the expenses are not promptly paid, the Board shall levy a reimbursement assessment against the owner pursuant to Section 7.3 of the CC&Rs. F. Preliminary Approval: Any owner proposing to perform any work which requires the prior approval of the Committee may apply to the Committee for preliminary approval by submission of preliminary drawings. The purpose of the preliminary approval is to allow an owner an opportunity to obtain guidance concerning design considerations. Within thirty (30) days after application, the Committee shall act upon such request. Failure of the Committee to act within such period shall constitute an approval. The Committee shall grant approval only if the proposed work would be entitled to final approval on the basis of a full and complete application. In granting or denying approval, the Committee may give the applicant direction concerning the form and substance of the final application for approval. Any preliminary approval granted by the Committee shall be effective for ninety (90) days from the date of issuance. During said period, any application for final approval which consists of the proposed work in accordance with the preliminary approval and is otherwise acceptable shall be approved by the Committee. In no event shall any preliminary approval be deemed to be an approval authorizing construction of the proposed work. G. Waiver: The approval by the Committee of any plans, drawings, or specification for any work done or proposed, or for any matter requiring the approval of the Committee shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval. H. Estoppel Certificate: Within thirty (30) days after requested in writing by an owner and upon payment of a reasonable fee (as fixed from time to time by the Association), the Committee shall record an estoppel certificate, executed by any two (2) of its members. The estoppel certificate shall certify either: (a) All work done upon or within the lot comply with the terms of the CC&Rs, or Page 6 of 9

7 (b) The work done does not comply, in which event the certificate shall also identify the non-complying improvement and set forth with particularity the basis of such non-compliance. Any purchaser from the owner or anyone deriving an interest in the lot through him shall be entitled to rely on said certificate with respect to the matters therein set forth, such matters being conclusive as between the Association, all owners, and such persons deriving any interest through them. SUBMITTAL CHECKLIST All drawings or submissions shall be provided in duplicate. One set will be returned to the owner. The other set will become part of the Committee's permanent file for the lot. Drawings or submissions shall be prepared in accordance with prevailing standards for clarity and completeness in the design and construction industries. All existing and all proposed improvements shall be included in the drawings or submissions for the area being improved. Plot Plan - Property lines - All existing and all proposed structures, improvements, setbacks, fences, driveways, trees, and natural amenities - All dimensions shown including distances to property lines - Overall and actual height dimensions, including roof structures Grading Plan (may be combined with plot plan) - Existing and proposed contours as relate to existing drainage systems - Cut and fill requirements - Retaining wall locations and heights Floor Plan - Preferred scale ¼ = 1 - Overall dimensions and area of improvements - Dimensions of parts and details - Adjacent improvements - All ground mounted machinery, tanks, meters, valves, or other devices Page 7 of 9

8 Roof Plan Summitpointe HOA - Pitch of all roofs and overhangs - Unusual conditions, construction, equipment (e.g. air conditioning, solar collectors) - Materials description Exterior Elevations - Preferred scale 1/4" = 1 - Colored rendition of front elevation - Include fencing, decks, and walls - All materials labeled - Overall height dimensions Landscape Plans - Include drainage & general landscape design for streetscape and front & rear yards - Include plan showing location of any structures (i.e. decks, overhangs, & dog runs) - Show in the plan the location of all perennials, trees, shrubs, and location of annuals - Include the botanical name of all perennials, trees, shrubs - Show the mature diameter and indicate the mature heights of all trees and shrubs being proposed - Type or print legibly all descriptive information and legends on the plans - Include a separate table listing plant types and quantities and sizes Materials - Description of all exterior materials and colors, including but not limited to building, roofing, and fencing - Samples provided of materials - Color samples (brand name & color code) Change to color of house or Repainting of existing color - A letter (in duplicate) describing the color, i.e. where each color is to be used Page 8 of 9

9 - Two sets of color samples (include the brand name, color, and the color code) Proposed Construction Schedule - Approximate start date, completion date for structures and improvements Proposed Installation Schedule - Approximate start date, completion date for installation of landscaping hardscape and softscape Other (As may be required by the Committee) NOTE: ANY CHANGE IN PLANS MUST BE SUBMITTED TO AND APPROVED BY THE ARCHITECTURAL COMMITTEE PRIOR TO IMPLEMENTING SUCH CHANGE. Page 9 of 9