Applegate Community Living

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1 Applegate Community Living Table of Contents Introduction 1 Authority 2 Architectural Review Committee ( ARC ) 2 Rules and Regulations Homeowner Changes and Improvements 2 1. Basketball Hoops 2 2. Fences in Applegate 3 3. Hot Tubs 4 4. Landscaping and Lawn Maintenance 4 5. Play Structures 5 6. Satellite Receivers & Antennas 5 7. Sheds and Storage Structures 6 8. Sport and Play Equipment 6 9. Swimming Pools 6 Rules of Conduct Occupancy and Use Standards 6 1. Parking & Vehicle Storage 6 2. Commercial Vehicles 7 3. Recreational Vehicles & Trailers 7 4. Off-Road Vehicles 7 5. Vehicle Repair Work 7 6. Air Conditioning Units 7 7. Clotheslines 8 8. Exterior Lights 8 9. Firearms and Hunting Firewood Flags Garage Sales Hazardous Substances Mailboxes Outdoor Burning Paving Pets Refuse Collection Seasonal Decorations Signs Snow Removal Tents 12 1

2 Introduction The purpose of this document is to provide an understanding of the responsibilities to protect and enhance the quality and aesthetics within Applegate. The Developer, the ARC and the Association have worked with an Owners Committee to establish and development and construction of homes in Applegate, and the occupancy and use of its residences. To help ensure the quality, ambiance and the values of the neighborhood, all lots and common areas are subject to development standards. While these standards may limit or restrict activities desired by an individual Owner, they have been established, and will be enforced, to protect the broader community interests. Pursuant to Section 8.3 (a) of the Condominium Bylaws no change or improvement may be made to the exterior appearance of the residence or other improvements within the parameters of the Unit without prior approval of the Association or it s Architectural Review Committee. The sections cover situations where written approval would be needed but is not intended to be a comprehensive list. Owners and potential purchasers are encouraged to review all information found in the Purchaser Information Booklet, which can be obtained by contacting the management company, or using the online tools. Authority The Developer and the Architectural Review Committee are jointly issuing, enacting and imposing the Rules and Regulations related to Homeowner Changes and Improvements set forth below pursuant to their authority under Section 7.5(h) of the Condominium Bylaws. The Applegate Condominium Homeowners Association ( Association ) has issued, enacted and imposed Rules of Conduct related to occupancy and use of units in Applegate set forth below pursuant to Section 8.5 of the Condominium Bylaws. To the extent any of the standards, requirements, rules, regulations or guidelines set forth herein are inconsistent with the terms and provisions of the Master Deed or Condominium Bylaws, the terms of the Master Deed or the Condominium Bylaws shall govern. These Rules and Regulations and rules of conduct may be amended, changed or modified at any time by the ARC or the Association respectively, at their sole discretion. Violation if these rules will result in a letter indicating the infraction and the corrective action to be taken. If the issue is resolved as outlined in the letter then no further action is necessary. If it is not corrected as outlined the first fine will be $50 and will double each time additional communication is required. 2

3 Architectural Review Committee ( ARC ) The ARC reviews submitted requests on an ongoing basis and will respond within a maximum of 30 days whenever possible. Please submit requests by to: Applegate ARC ApplegateArc@gmail.com Rules and Regulations Homeowner Changes and Improvements 1. Basketball Hoops Permanent basketball hoops require ARC approval prior to installation. Permanent basketball hoops must be installed on a free standing post along the driveway opposite from the home and be at least 25 feet from the road. No basketball hoops may be installed on the home or garage. All basketball hoops must have generally standard graphics. Clear backboards are encouraged. Mobile basketball hoops are permitted to be used along the driveway. Mobile basketball hoops are not to be used along Applegate roads. When not installed in an upright and useable fashion, mobile basketball hoops must be stored inside the garage. Outdoor storage of mobile basketball hoops is not permitted. All basketball hoops are required to be properly maintained and repaired if damaged. 2. Fences in Applegate The ARC may approve fencing that is proposed in accordance with the following guidelines: Height: Generally, fences shall be 48 or less in height, up to 54 in height with ARC approval. Fences 60 tall will be permitted with an in ground pool. Fences that border Applegate PUD boundaries may be 72 in height, with ARC approval. Material: Vinyl, PVC, wood, aluminum and wrought iron are approved fence materials. No chain link fencing will be permitted. Fencing shall be natural, neutral, white, black or brown in color. 3

4 Style: Fencing shall be a style that does not screen or block sight lines. No privacy or shadow box fencing will be permitted, except as identified below. Approved fence styles include: picket, wrought iron, split rail, corral and other open styles with ARC approval. Fence styles should have at least 2 inches of space between pickets. Privacy fences may be approved along Applegate PUD boundaries and selectively for screening around items such as hot tubs. All privacy fencing is subject to ARC approval. Location: Generally, fencing is only allowed in the rear yards. Fences may only extend 14 feet forward from the rear comer of the home into the side yards. lf a home is positioned so that it has community open space along the side property, then the fence may only extend 10 feet into the side yard as measured parallel from the side of the home. No fencing may be installed within 8 feet of any property line that borders a community bike path. Select accent fencing may be permitted in the front or side yards with ARC approval. Installation: Fencing must be installed so that the finished side faces outward. Fences must be installed so that the top of the fence creates a smooth line, versus stair stepping of fence panels. 3. Hot Tubs Hot tubs are permitted with ARC approval. Hot tubs must be installed on the rear patio and be properly screened. A variety of screening methods are permitted, including landscaping, trees, lattice and certain privacy fences. Please submit a site plan detailing the proposed hot tub, location and screening prior to installation. 4. Landscaping and Lawn Maintenance Each Owner is required to maintain a minimum level of landscaping, including lawn, gardens and shrubs. Landscape additions, changes and modifications must be approved by the ARC prior to installation. The ARC will adhere to the following standards, plus other requirements as the ARC may specify. Requests for approval must be accompanied by a written plan, showing location, sizes, colors and other details that may be helpful to the ARC. Retaining walls shall be constructed of materials, colors and textures that are natural in appearance. Decorative interlocking concrete block retaining walls are permitted. 4

5 The ARC reserves the right to limit the location, size and quantity of ornamental structures and decorations. Examples of these items include windmills, bird baths, lawn statuary, plastic flamingos, flagpoles, etc. Produce gardens may be permitted with ARC approval. Produce gardens will be limited to no more than 200 square feet, located in the rear yard, and must be at least 8 feet from the property line, or contained within a fenced area. Fences must conform to established guidelines under Fences in Applegate. No trees with a diameter greater than 4 inches may be removed without ARC approval, unless an urgent safety concern exists. The following maintenance standards are required: Lawns will be mowed during the growing season before the turf reaches an average height of 5 inches. Dead or fallen trees will be removed from the Owner s property. Dead shrubs will be removed from the Owner s property. Most gardens and planting beds have reasonable quantities of weeds. However, if a garden or planting bed becomes overgrown and a nuisance, the ARC may require the weeds to be removed. Regular lawn maintenance is required even if a home is not occupied or the Owner is currently not there. In the event a yard is not reasonably maintained, the ARC will attempt to notify the Owner. If the ARC cannot reasonably notify the Owner, or if the Owner does not correct the situation, the ARC is authorized to hire the work to be done. The Owner will be billed for the cost, plus a per occurrence fee equal to the greater of $35 or 10% of the cost. 5. Play Structures Generally, the ARC encourages play structures to be primarily constructed of wood and be neutral in color. The ARC recognizes and permits structure accessories that are colored plastic or limited metal components. Metal structures will not be approved. Play structures may include items such as swing sets, slides, monkey bars, integrated towers, etc. Play structures shall not exceed 375 square feet and 14 feet in height. Play structures will only be permitted in the rear yard and may not be installed within 8 feet of a property line. Proper maintenance and repairs are required. 5

6 Children s playhouses will be permitted with ARC approval. Play houses may not exceed 40 square feet in size or 5 feet in height. Play houses must remain portable and may not be located within 8 feet from the property line. The ARC requires a detailed drawing and description prior to consideration. Play houses are required to be maintained and repaired as needed- Playhouses may not be used for general storage. 6. Satellite Receivers & Antennas The size, style and location of all satellite receivers must be approved by the ARC. In accordance with FCC requirements, satellite receivers are permitted, however their size and location are strictly governed by the ARC. All satellite receivers must have prior written approval from the ARC prior to installation. As permitted by governing laws, the ARC will help find a suitable location for installation that minimizes the aesthetic impact of the satellite receiver. All satellite receivers must be less than 24 inches in diameter and be neutral or grey color. Outside antennas are not permitted. 7. Sheds and Storage Structures Sheds and free standing secondary structures will not be approved by the ARC. If additional storage is desired, please work with the ARC to develop a plan to attach additional storage space to the garage or home. 8. Sport and Play Equipment The ARC cannot reasonably anticipate all possible items related to sports and play equipment. These guidelines will address certain items, and generally address all other items. Please contact the ARC if you require clarification on any item. Skateboard Equipment: Items such as ramps or rails are permitted to be used on a daily basis on the driveway. All skateboard equipment and other similar equipment must be stored inside the garage at night. No permanent structures may be constructed outside. Trampolines: Trampolines are permitted as long as they are portable and properly maintained. Residential children s trampolines are only permitted in the rear yard and must be at least 8 feet from the property line. Goals: Goals for sports similar to soccer or hockey are permitted on a daily basis. These goals and similar equipment must be stored indoors at night. Backstops: No permanent backstops of any kind may be installed- This includes backstops for sports such as basketball or a wall used for tennis 6

7 practice. Any item that would be considered a permanent installation must be submitted to the ARC for approval. 9. Swimming Pools Swimming pools are permitted with ARC approval. Pools must be located in the rear yard and properly fenced and maintained. No above ground pools will be permitted, other than children s play pools. Children's play pools may not exceed 40 square feet and must use less than 10 inches of water. Play pools must be stored indoors when not in use. 10. Exterior Changes No Owner shall make any additions, alterations, or modifications to any of the Common Elements, nor make any changes to the exterior appearance of the residence or other improvements located within the perimeters of his Unit without prior approval of the Association or its Architectural Review Committee. A change in the color of a building or a significant landscaping change is included within the meaning of a change in exterior appearance. Rules of Conduct Occupancy and Use Standards 1. Parking & Vehicle Storage Licensed and operational vehicles may be parked in the driveway. No disabled vehicles may be parked outside. Vehicles may not be stored for an extended amount of time (a vehicle is considered stored if it has not been driven for 5 days) outside. The number of vehicles that may be parked in the driveway on an ongoing or consistent basis is limited to the number of garage stalls (i.e.; homes with a two car garage may park two cars in the driveway). No vehicles may be parked overnight on the Common Elements. 2. Commercial Vehicles Commercially identified vehicles must be parked in an enclosed garage. Examples of commercially identified vehicles include, but are not limited to; semi tractors, dump trucks, commercial service vehicles, taxis, tow trucks, box trucks, etc. This standard is intended to apply to ongoing use by an Owner, not use by a service contractor or service provider to the Owner. This standard is not intended to apply to common cars, trucks and vans with subtle or minor lettering or promotional license plates. 7

8 3. Recreational Vehicles & Trailers Recreational vehicles, boats, trailers, campers, all terrain vehicles and motorhomes must be parked within the garage. Exceptions will be allowed for overnight storage on the driveway for staging of trips or short term vehicle use by visitors. The maximum allowed exceptions are four nights within a calendar month, without written permission from the Association or ARC. 4. Off-Road Vehicles Snowmobiles, all-terrain vehicles, agricultural equipment and any other type of off road vehicles may not be operated within Applegate- This standard is not intended to apply to vehicles that are also licensed for use on public roads. This standard is not intended to apply to residential or commercial lawn maintenance equipment or construction equipment with Association approval. At no time may motorized vehicles, including scooters and mopeds, be used on the Applegate bike paths or unpaved Common Elements. 5. Vehicle Repair Work Extensive work on vehicles, recreational vehicles or machines is not permitted outdoors in Applegate. This standard does not prohibit washing or detailing of personal vehicles. 6. Air Conditioning Units Through the wall and Window air conditioning units are not permitted in Applegate. Central air conditioning condensers units should be located on the side or rear of the home. 7. Clotheslines Clotheslines and similar structures designed for drying clothing outdoors are not permitted. 8. Exterior Lights No high intensity or gas vapor lights will be permitted on the exterior of homes in Applegate. 8

9 9. Firearms and Hunting Hunting is not permitted within Applegate. Firearms, air rifles, pellet guns, paintball guns, bows and arrows, illegal firearms or other dangerous weapons, projectiles or devices are not permitted to be used or discharged within Applegate. 10. Firewood Owners may store an unlimited amount of firewood within their garage. Outdoor firewood storage is limited to an area 10 feet wide by 4 feet high along the rear of the garage or on the patio. Tarps and covered structures are not permitted for this use. 11. Flags Certain styles of flags are permitted in Applegate. Owners may install a single flag and bracketed decorative flag pole to the front of the home and another to the rear of the home. These flags may include national, seasonal, decorative, sports, schools or university, and other similar flag themes. Flags may not exceed 6 square feet. Flags that are controversial or graphically sensational, or may be generally considered offensive from non partisan viewpoints are prohibited. 12. Garage Sales Garage sales are permitted in Applegate. The Association recognizes that garage sales are part of community living. The Association also wishes to limit the disruption and traffic problems garage sales can create in a community like Applegate. Garage sales are permitted on the 3rd Saturday of May, June, July, August and September. Garage sale hours are limited from 8am to 4pm on these days. No for sale items may be stored outside of the garage except during the day of these sales. These restrictions are not intended to limit children s activities similar to a lemonade stand. Please do not install signs, banners or balloons to the community entrances, in the green spaces, or any neighborhood structure due to the possibility of damages. The Association will provide approved free standing Garage Sale signs for this purpose. Balloons may be attached to these approved signs. 9

10 13. Hazardous Substances Hazardous and toxic materials may not be stored, produced, released or disposed of within Applegate without written approval by the Association- This is not intended to apply to the appropriate use of common household products. 14. Mailboxes Each home in Applegate included a community style mailbox and post. To maintain community consistency, each owner is required to maintain the original style mailbox and post system. Owners may choose to repaint the mailbox any approved color; however the post system must remain the original color. In the event a mailbox or post is damaged, the Association will provide a replacement billed to the Owner. Please contact the Association for help in replacing or repairing any Mailbox. Owners may install a single plastic newspaper box tastefully on the post system. 15. Outdoor Burning Generally, no outside burning is permitted in Applegate. Burning of leaves, landscaping waste, or household waste or items is prohibited. No open pit bonfires are permitted- UL approved patio style fire pits are permitted to be used on the rear patio or deck, or other Association approved location. Household type outdoor grills are permitted. Combustion style alternate fuel devices are not permitted outdoors without Association approval. 16. Paving The Association will consider additional paving requests on an individual basis. This includes additional driveway or parking, sports courts, patios and other similar uses. 17. Pets Common household pets permitted under the provisions of this subsection shall be kept only in compliance with the rules and regulations promulgated by the Board of Directors from time to time, and must at all times be kept under such care and restraint as not to be obnoxious on account of noise, odor or unsanitary conditions. If a dog s barking can be heard on a frequent basis by any person in a nearby Unit or Common Element, the offending dog may not be kept, even if permission was 10

11 previously given to keep the pet. No animal shall be permitted to run loose upon the Common Elements, limited or general, nor upon any Unit except the Unit owned by the owner of such animal, and the owner of each pet shall be responsible for cleaning up after it. 18. Refuse Collection and Trash Containers In an effort to limit garbage truck traffic and the number of days with receptacles at the curb, all Owners are required to use a common provider. The common provider will pick up garbage weekly, and recyclables on a regular basis. An additional benefit of a common provider is a discounted rate structure, paid individually by each owner. All trash shall be placed in containers approved by the Review Committee and kept inside or on the side of the garage except for short periods of time reasonably necessary to permit collection. If Owners build a screen to shield the containers from view plans must be submitted and approved by the ARC prior to construction. 19. Seasonal Decorations The Association encourages seasonal decorations as long as they do not create a general nuisance. Seasonal decorations should be appropriate for the season and removed within a short time period afterward. No widely controversial or offensive decorations will be permitted. 20. Signs The Association will oversee the use of all signs according to the following standards. Signs play a role in the image of Applegate, either enhancing or detracting from the aesthetics of the community. Other than developer installed community and marketing signs, the following signage will be permitted in Applegate: For Sale: One sign per home will be permitted. Acceptable signs will be Realtor or professionally prepared For Sale by Owner". The signs are limited to 6 square feet in size. Directional signs are not permitted, including temporary open house directional signs. The Association has considered and may require standard sign frames at a future time. Garage Sale Signs: Temporary signage for activities such as garage sales must be pre-approved by the Association. Garage Sale signs may only be used for a periods of 3 days and must be removed by the Owner that installed them. 11

12 Community Events: Community involvement and activities are a goal of the Association. From time to time, community activities or informational signs will be approved for use for limited time periods. Examples of these would include; community picnics, graduating students, seasonal events, etc. Please submit proposed signage to the Association for approval. Political Signs: Political signs provide an opportunity to extend one s support or opposition in our democratic society. However, political, election, and activism signage has great potential for controversy and problems. Rather than prohibit political signs entirely, the Association has set forth the following guidelines for the approved use of these signs. 21. Snow Removal Size: Signs must be smaller than 4 square feet in size. Height: Signs may not exceed 3 feet in height when installed. Material: Signs must be the temporary cardboard style with wire or wood posts. Areas: Signs may only be installed in the owner's front yard. No signs may be installed Within the Common Elements or greenspace. No signs may be installed on the house, or inside the house in a manner that encourages visibility from outside. Content: Signs should communicate simple support or opposition to a candidate or issue. Signs that are controversial or graphically sensational, or generally are considered offensive from non-partisan viewpoints are prohibited. Time: Signs may only be installed for a 10 day period, beginning 9 days prior to the date of the election or vote. The owner is responsible for removing the signs after that time. Quantity: Each owner is limited to 3 signs at any time. It is the responsibility of each owner to remove the snow from their driveway, walks and around their mailbox. The Association understands that some homes in Applegate may not be occupied during the Winter months. Regular snow removal is still required even if a home is not occupied at that time. In the event this is not done, the Association is authorized to have the snow removed and bill the owner for the cost plus a $35 fee per occurrence. 12

13 22. Tents Owners may set up camping and picnic style tents in their backyard for limited time periods- Camping and picnic style tents may be left up for a period of 3 days at a time. Larger event type tents and canopies are permitted with approval from the Association. If you are planning an event that requires this style of tent or structure, please contact the Association. 23. Property Condition No Unit shall be used in whole or in part for the storage of rubbish or trash, nor for the storage of any property or thing that may cause the Unit to appear in an unclean or untidy condition. No substance or material shall be kept on a Unit that will emit foul or obnoxious odors, or that will cause excessive noise which will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding Units. 24. Personal Property No Co-owner shall display, hang or store any clothing, sheets, blankets, laundry or other articles of personal property outside a residence or closed storage building. This restriction shall not be construed to prohibit a Co-owner from placing and maintaining outdoor furniture and decorative foliage of a customary nature and appearance on a patio, deck or balcony appurtenant to a residence located within his Unit; provided, that no such furniture or other personal property shall be stored on any open patio, deck or balcony which is visible from another Unit or from the Common Elements 13