AMENDED AND RESTATED DESIGN GUIDELINES FOR TRILOGY AT POWER RANCH COMMUNITY ASSOCIATION

Transcription

1 AMENDED AND RESTATED DESIGN GUIDELINES FOR TRILOGY AT POWER RANCH COMMUNITY ASSOCIATION

2 AMENDED AND RESTATED DESIGN GUIDELINES FOR TRILOGY AT POWER RANCH COMMUNITY ASSOCIATION Section TABLE OF CONTENTS Page ARTICLE 1 PURPOSE AND INTENT; ARCHITECTURAL CONTROL COMMITTEE... 5 ARTICLE 2 SUBMITTAL PROCESS 2.1 Required Materials Process Compliance with Requirements of Governmental Authorities Warranty Disclaimer Variances Project Completion Notification Grandfathered Submittal items that may be approved and processed immediately by the Resale/Compliance Officer ARTICLE 3 LANDSCAPING 3.1 Submittal Requirements Minimum Standards for Landscape Installation and Maintenance ARTICLE 4 WALLS AND FENCES 4.1 Rules Applicable to Walls and Fences within Units 1, 2 and Rules Applicable to Boundary and Return Walls and Fences within All Units Golf Course Walls Side Yard Privacy Walls Rear Patio Side Privacy Walls Front Yard Courtyard Walls Decorative Walls Seat Walls Gates General Guidelines Applicable to All Walls and Fences ARTICLE 5 COMPLIANCE OFFICER FAST TRACK APPROVAL ITEMS 5.1 Antennas, satellite dishes, communication services Approved Devices

3 5.3 Flags, Flag Poles, and Decorative Banners Gutters and Downspouts Lighting Repainting of Dwelling Units and Walls Security Doors Solar Energy Devices Window Coverings-Exterior ARTICLE 6 OTHER IMPROVEMENTS AND ALTERATIONS 6.1 Anti-Pigeon Devices Arbors Awnings Clothes Drying Facilities Curbing for Boundary Line Definition Driveway Sealers, Stains, and Overlays Driveway Extensions Evaporative Coolers; Air Conditioning Units Fireplaces, Fire Pits and Barbecues Golf Ball Protection Devices Guest Houses Holiday Decorations Lattices New Construction Patio Improvements Patio Shade Structure Patio Use Restrictions Pools, Spas and Water Features Putting Greens Roof Maintenance Roof Turbines Room Additions Screen Doors Shade Structures Signs Skylights; Solar Tubes Stone Veneer Storage Sheds Structures Detached from Dwelling Unit; Gazebos, Pergolas and Ramadas Sun Shades/Sun Drapes Sun Screens Swing Sets/Play Sets/Basketball Hoops (Play Equipment)

4 6.33 Temporary Structures Tennis Courts; Sport Courts Trash Can Enclosures Trellises Utility and Service Lines Walkway, Patio and Entry Treatments; Stepping Stones Window Coverings-Interior EXHIBIT A PERMITTED PLANTS 34 EXHIBIT B PROHIBITED PLANTS EXHIBIT C WALL ILLUSTRATIONS EXHIBIT D TRASH CAN ENCLOSURE ILLUSTRATIONS 40 APPLICATIONS FOR ARCHITECTURAL IMPROVEMENT FENCES, WALLS, & GATES. 42 GENERAL 45 LANDSCAPING POOL & SPAS.. 49 DRAINAGE AND GRADING REQUIREMENTS. 51 GUIDELINES FOR CONTRACTORS 52 4

5 AMENDED AND RESTATED DESIGN GUIDELINES FOR TRILOGY AT POWER RANCH COMMUNITY ASSOCIATION ARTICLE 1 PURPOSE AND INTENT; ARCHITECTURAL CONTROL COMMITTEE The Association has been incorporated as a nonprofit corporation to, among other matters, serve as a property owners association and the governing body for all of the Owners for the protection, improvement, alternation, maintenance, repair, replacement, administration and operation of the Property, which includes all Common Areas and Lots. The Association has been given the authority under the Declaration of Covenants, Conditions and Restrictions for Trilogy at Power Ranch Community Association, as it has been amended and may be further amended from time to time (the Declaration ), to control the architecture, style, design and appearance of the Property, which includes establishing the Community-Wide Standard for maintenance of the Property. It is the intent of the Board of Directors to establish a Community-Wide Standard that preserves and enhances the value of the homes in Trilogy at Power Ranch and provides for a high-quality lifestyle. Control of architecture and improvements, along with enforcement of the maintenance standard, are necessary to achieve this goal. These Design Guidelines have been prepared to assist Owners in complying with the procedures and standards that will assist in preserving and enhancing homes and contribute to the high-quality lifestyle intended for the Property. It is not the intent of the Association to limit innovative design, but only to protect Owners and Occupants from undesirable or substandard design and quality of improvements. The Declaration provides for an Architectural Control Committee (the ACC ). The members of the ACC are to be appointed by the Board of Directors of the Trilogy at Power Ranch Community Association. A member of the Board of Directors shall serve as the chairperson of the ACC. The ACC shall review and approve or disapprove, prior to construction or installation, any landscaping, building, fence, wall or other structure or improvement of whatever type that will be visible from neighboring property. Any additions or alterations to existing improvements or to the exterior of any Dwelling Unit also require the approval of the ACC prior to construction or installation. Unless specifically excluded from the requirement to obtain the approval of the ACC, any provision in the Declaration or in these Design Guidelines that sets forth a permitted use shall be deemed to permit such use only after approval by the ACC. Capitalized words in this document not otherwise defined shall have the same meaning as described in Article 1 of the Declaration. The ACC has identified specific additions and/or alterations that may be "fast-tracked" for quick approval by the COA Resale/Compliance Officer. These items are listed and explained in Article 5. The homeowner is required to meet with the Resale/Compliance Officer to review the submittal and may be granted approval to proceed immediately if the Resale/Compliance Officer deems the submittal complete and within the Guidelines. 5

6 ARTICLE 2 SUBMITTAL PROCESS 2.1 Required Materials. An Owner shall submit the following to the ACC and receive written approval prior to construction or installation of any improvement that requires the approval of the ACC: One or more completed request forms (attached to this document or available at the Association office). The request form must be signed and submitted by an Owner. The Association will not accept request forms signed and submitted by a contractor. Four different types of forms are available: (i) (ii) Landscaping; Wall/Fence/Gate modifications; (iii) Pools and Spas; and (iv) General; All other proposed improvements Plans and specifications for the proposed work, including, if applicable: (v) Site plan and plot plan for the Lot, showing the proposed improvement in its proposed location along with all other existing improvements on the Lot (Dwelling Unit, driveway, pool, etc.). Dimensions from the proposed improvement to the nearest boundary lines front, rear, or side. (vi) Plans, all specifications, photographs and/or architectural renderings for all aboveground or in-ground construction (e.g., patio cover, gazebo, water feature, pool) showing materials, height, width, depth, paint color(s) and a depiction of the finished improvement. (vii) Drainage and Grading form, if applicable, and Guidelines for Contractors form. (viii) The time frame for beginning and completion of the work to construct or install the improvement. (ix) If the proposed work is landscaping, the requirements set forth in Section 3.1 of these Design Guideline shall apply. Additional information may be requested by the ACC, and until all requested information has been submitted, a request for review is considered incomplete. 2.2 Process. Owners may not rely on verbal approvals or indications from any person that improvements will be approved by the ACC. The ACC shall either approve or disapprove in writing each request within 30 days after receipt of the request. If no notice is sent by the ACC within the 30 6

7 days, then the proposed improvement is deemed denied. If a request is denied within such 30 day period, then written denial shall be forwarded to the Owner stating the reason for denial. If the ACC requests additional information, then the 30 day period will not commence until all required information has been submitted. It is an Owner s responsibility to make sure that a request and all additional information required by the ACC is received by the ACC. All work applied for and approved must be completed as follows: (i) (ii) (iii) (iv) All front yards and all yards not installing a swimming pool or home addition - 60 days from approval date; Rear yards with swimming pools days from approval date; Yards with building additions days from approval date; All other miscellaneous projects - 60 days from approval date. 2.3 Compliance with Requirements of Governmental Authorities. The ACC approvals required pursuant to the Declaration and these Design Guidelines shall be in addition to, and not in lieu of, any approvals or permits which may be required under any federal, state or local law, statute, ordinance, rule or regulation, including, without limitation, all requirements of the Town of Gilbert. An approval by the ACC shall not be construed in any way to be an approval by any applicable federal, state or local governmental authority. 2.4 Warranty Disclaimer. Owners are advised that the construction of or modifications to certain improvements may void all or a portion of the warranty given to Owners by Declarant or its affiliate upon acquiring a Lot. Prior to commencing construction or modifying an improvement, an Owner should investigate any effect such construction or modification will have on the warranty. The ACC will not be responsible for any warranty that is deemed void as a result of the ACC approving any such construction or modification. 2.5 Variances. Pursuant to Section of the Declaration, the ACC may authorize variances from its guidelines and procedures in accordance with the provisions thereof. A Variance is defined as an approved deviation from the Design Guidelines due to unique circumstances and when the variance is consistent with maintaining the community wide standard. 2.6 Project Completion Notification. A homeowner shall notify the COA office or Compliance Officer by phone, or fax upon a project's completion so that a timely inspection may be scheduled and performed. 2.7 Grandfathered. Grandfathered describes a situation where the Declarant permitted something to be done which conflicts with current Design Guidelines, either knowingly at the time of purchase or something that was not defined within the Guidelines at the time. 7

8 2.8 Submittal items that may be approved and processed immediately by the Resale / Compliance Officer. The homeowner(s) must meet with the COA Resale/Compliance Officer and present a completed, signed submittal with all required information and samples attached. The items eligible for this fast track process are listed in Article 5. ARTICLE 3 LANDSCAPING This Article 3 contains requirements for the submittal of landscaping requests. Please read the entire Article before preparing your request. Pursuant to Section of the Declaration, the front and back yards of any and all Lots must be adequately landscaped. All requests from Owners installing landscaping by themselves or by contractors employed by Owners should conform to the following general guidelines, and all such landscaping must have the prior written approval of the ACC before installation: 3.1 Submittal Requirements. Requests for installation of landscaping or major renovations of landscaping must be signed and submitted by an Owner and must include a landscape plan drawn to a minimum scale of 1/4 inch = 1 foot on a 24 inch x 36 inch sheet of paper showing the following: (i) (ii) (iii) (iv) (v) (vi) (vii) a North arrow; all property lines and easements; all locations of underground utility lines on the Lot as indicated by the Blue Stake service shown on the plan; the location of each structure already existing on the Lot, including the Dwelling Unit, patio areas and walls; the location of any new berms or grading changes over 6 inches from the grade provided by Declarant at the time of Lot closing; an elevation drawing showing the direction and flow of drainage and demonstrating that proper drainage will be maintained after construction is complete. Drainage must not flow onto any other Lot; all plants shown by symbol in their proposed locations and a legend indicating the types, quantities and size of plants to be used by their Latin and common names to be on the plan or attached; (viii) the location of all proposed inert ground cover (decorative rock) with indication of size, color and depth of installation. A sample must be submitted in a plastic bag; 8

9 (ix) (x) (xi) the location of all proposed hardscape improvements such as headers, walkways, patios, pools, barbecues; the location of all proposed landscape lighting, including voltage and wattages; and the location of any other proposed improvement to be installed with the landscaping. 3.2 Minimum Standards for Landscape Installation and Maintenance Front yards must be designed to include, at a minimum: (i) (ii) (iii) (iv) one 24 inch box trees, or two Saguaro cactus, minimum 8 feet tall, or three Ocotillos, minimum 8 feet tall; ten 5 gallon shrubs (with an additional five 5 gallon shrubs to be installed along the side of a corner Lot); minimum of three elevations. Examples of different elevations are berming, boulders, dry creek beds, or accent walls; and five 1 gallon groundcovers or shrubs with an additional two 1 gallon groundcovers or shrubs to be installed along the side of a corner Lot. The ACC will consider fewer plants on a case-by-case basis if a front yard is 750 square feet or smaller. Although all front yards must have (1) tree, consider as a guide line, that plants may be reduced proportional to the square footage area below 750 feet The ACC recommends that all plant materials used be those named on the Permitted Plant Materials set forth on Exhibit A attached hereto. Because it is difficult to name every acceptable plant material available, the ACC will consider requests for plant materials not listed on this exhibit, provided that such plant materials are not on the list of Prohibited Plant Materials. The ACC reserves the right to refuse any plant materials it believes will not be beneficial to the environment of Trilogy at Power Ranch Prohibited Plant Materials set forth on Exhibit B attached hereto are not permitted under any circumstance. These materials are potentially destructive to the native species because of their weed-like growth, pollen, and excessive heights and water use Turf areas must be limited to 75% of the entire yard area and will not be approved within 3 feet of any Dwelling Unit, property line or wall. Turf also may not exceed 50% of the rear yard Irrigation of plant material should be provided by a permanent, automatic, underground watering system (automatic drip for planting areas and pop-up spray for turf areas), unless the 9

10 plant material consists of cactus or some other plant material that does not require irrigation. Bubblers will be approved only for annual beds No shrubs or groundcovers shall be placed and no irrigation shall occur within the area that is 12 inches from the Dwelling Unit as termites and other insects are attracted to moisture. Excessive watering and landscaping around the foundation of the Dwelling Unit may void any termite treatment warranty. Groundcovers shall be kept trimmed and shall be limited to 30% of the backyard and 20% of the front yard. Turf and associated irrigation shall be kept at least 3 feet from a building face, wall, sidewalk or fence, including any fence constructed in part or in whole with wrought iron Each Lot has been initially excavated prior to close of escrow to allow for the proper runoff of storm water and irrigation drainage. The flow of drainage on a Lot may not be changed through the installation of landscaping or any other improvement. Drainage may not be diverted to other locations on the Lot by installation of impervious ground covers or walls or by changing slopes or grades. The plot plan received by each Owner shows the flow of drainage on the Lot. Owners are responsible for any change of Lot drainage. It also is the responsibility of the Owner to maintain and clean drainage areas located within the Lot for proper irrigation and landscape maintenance. If the existing drainage course is altered in any way by the Owner, (i) (ii) the Owner will be responsible for damage to the Owner s property and any additional damage to neighboring houses and other improvements caused by altering the grade; and the Trilogy at Power Ranch Association and any of its affiliates will not be responsible for any such damage. The ACC recommends that each Owner obtain a re-certification of proper drainage after installation of landscaping and walls All trees and/or shrubs must be kept trimmed so that they do not hang over neighboring properties and so that they do not cause visual obstruction to traffic nor encroach upon any sidewalk or bicycle path from ground level to a height of 8 feet. No part of any plant containing thorns shall be allowed to grow closer than 3 feet from any sidewalk or bicycle path. No Owner or Occupant shall permit anything or condition to exist upon any Lot which induces, breeds, or harbors infectious plant diseases or vermin SRP requires a minimum clearance of three (3) feet surrounding each street light pole and a clearance of twelve (12) feet in height surrounding the pole in order to preserve and provide proper maintenance of the street light and pole Golf course lots see Section All areas Visible From Neighboring Property should be covered by plant material or inert groundcover (decorative rock); no bare earth surfaces should be visible. The following guidelines apply to inert groundcover: 10

11 (i) (ii) (iii) stone sizes must be a minimum of 1/2 inch screened and be of earth tone in color and installed to a depth of at least 2 inches. A small sample must be submitted to the ACC in a plastic bag. river rock must be between 3 inches and 6 inches in diameter. No more than 10% of the front yard and 10% of the back yard may be covered with river rock. Any use of river rock or other material for a river simulation must be placed at least 4 feet away from any sidewalk, driveway, curb or other similar hardscape improvement to assure that the hardscape improvements will not be eroded by the simulation. surface-select granite boulders of a native color may be used No artificial plants and no artificially colored rock shall be allowed, except that (i) (ii) artificial plants of high quality, as approved by the ACC, may be installed in entryways, behind decorative walls or in window boxes; and artificial turf of high quality will be considered for front and back yards and for putting greens pursuant to Section 6.18 of these Design Guidelines. All such artificial plants and turf shall be maintained on a regular basis and replaced when faded or otherwise damaged Gardens of a flower or vegetable variety not exceeding 100 square feet in size with plants growing to a height of no more than 3 feet may be planted in the back yard only Berms may be used to add interest to the landscaping; however, they cannot exceed 18 inches in height, and the scale of the berm must be compatible with the rest of the yard and may not cause drainage onto adjacent Lots. Berms must meet the existing grade of the Lot at a minimum of 2 feet away from the back of the sidewalk or back of the curb if no sidewalk exists. No slopes greater than 4:1 (1 inch rise in 4 inches) shall be permitted through berming, and no berming shall interfere with the drainage swales and other drainage facilities installed on the Lot. All soil imported for the purpose of berming shall be free of weeds and debris and equal to the quality of the existing soil on the Lot. Bermed areas must be sufficiently compacted and covered to prevent erosion Hardscape accents (i.e. Saltillo tile, brick pavers) may be used to construct stepping stones and borders if the colors are compatible with the community. Acceptable colors include desert hues and other earth tones Ornamentations - Yard and Wall. The ACC will consider ornamentations that are tasteful and enhance the landscape design of the lot and adjacent Dwelling Unit walls that do not offend others. There shall be no more than 3 items placed in the front yard and 5 items in the 11

12 rear yard. Side yard ornamentation items to be considered as part of the front or rear yard and no additional items to be allowed as side yard items. (i) Yard: Including but not limited to, sculptures, statues, animal replicas and pottery, whether permanently installed or not, are considered improvements and part of the landscaping and therefore subject to the prior written approval of the ACC before installation. All ornamentations must be reasonable and appropriate as determined by the ACC. No ornamentation may exceed 3 feet in height. (ii) (iii) Wall: Wall decorations or ornamentation attached to a Dwelling Unit wall may not exceed four feet in diameter in size. Acceptable colors include black, brown, copper, brass and natural earth tones. Homeowner must submit a picture of the ornamentation and include height, width and depth to the ACC for approval. Windows: Wrought iron decorations may not be used to cover windows of the Dwelling Unit Wind chimes will be considered by the ACC, but once installed must not become a nuisance to surrounding neighbors. The ACC reserves the right to withdraw approval of wind chimes upon receipt of complaints from neighbors When any improvement is in progress, piles of dirt, gravel, and other construction materials must be moved the same day they are delivered, and may not remain on the street overnight, in accordance with the Town of Gilbert fire regulations. Upon completion of any landscaping improvements, all landscape material debris must be removed immediately from the Lot and any soil or other residue remaining on the street must be cleaned. ARTICLE 4 WALLS AND FENCES All walls and fences constructed in all areas of the Project and any Alteration of an existing wall or fence or an increase in wall or fence height shall require the approval of the ACC. All walls and fences shall conform to the following guidelines: 4.1 Rules Applicable to Walls and Fences within Units 1, 2 and 3. Units 1, 2 and 3 include Lots 1 through 487. The rules for Lots in these subdivisions were substantially different than the rules for all other Lots. As of August 16, 2004, all units are considered the same and all rules applicable to walls, fences, and gates apply. 4.2 Rules Applicable to Boundary and Return Walls and Fences within All Units Height. 12

13 (i) (ii) Except as set forth below in (ii), the maximum height of walls and fences constructed by Owners along or on Lot boundary lines and return walls and fences from the side yard boundary to the Dwelling Unit shall be 72 inches. The only exception is a 12 inch high masonry wall. All heights shall be measured from the high ground side of the proposed wall or fence site. The height of any return wall and fence shall match the height of the side yard boundary wall or fence. If the elevation of the ground rises or declines along an area where a wall or fence is being constructed, the wall or fence height must be decreased or increased in increments so that the maximum height of the wall or fence at all locations is a maximum of 72 inches, except that a wall or fence that will be attached to or meet an existing perimeter wall or fence that exceeds 72 inches at the meeting point may exceed 72 inches at the point of meeting to equal the height of the existing wall or fence Materials. Boundary and return walls and fences may be constructed of masonry block 6 inches wide, wrought iron, commercial grade aluminum, or a combination of masonry block 6 inches wide and wrought iron or commercial grade aluminum as follows: (i) (ii) Solid masonry block walls exceeding 12 inches in height are not permitted on or alongside and rear boundary lines of Lots, unless installed by the Declarant. Acceptable materials for these areas are: (a) (b) (c) 12 inches of masonry wall; or 72 inches of wrought iron or commercial grade aluminum; or 12 inches of masonry wall with 60 inches of wrought iron or commercial grade aluminum. Return walls and fences from the side yard boundary to the Dwelling Unit may; (a) (b) match the materials of any walls constructed alongside yard boundary lines; or be constructed of up to 72 inches of masonry provided that any return wall or fence shall be no higher than the side yard wall or fence attached to it Placement of Side and Rear Yard Boundary Walls and Fences. Side and rear yard boundary walls and fences may be placed either; on the boundary line that separates neighboring Lots or on the boundary line that separates a Lot and neighboring Common Area; or along (but not on) such boundary lines. (i) Boundary Line Walls and Fences. Side and rear yard boundary walls and fences placed on boundary lines that separate neighboring Lots shall require the approval 13

14 of any neighboring Lot Owner and/or the approval of any neighboring Lot Owner with an existing fence to which the proposed fence will connect. The form Request for Architectural Approval of Walls/Fences/Gates attached to these Design Guidelines includes a section to be completed and signed by neighboring Lot Owners that states as follows: (a) (b) (c) the neighboring Lot Owner approves the placement and height of the wall or fence and the materials to be used (i.e., all masonry, all wrought iron or commercial grade aluminum or a combination of both); the neighboring Lot Owner understands and agrees that the wall or fence constitutes a Party Wall as described in Article 6 of the Declaration and that he/she will be responsible for maintenance and repair of a portion of the wall or fence as set forth in the Declaration; and the neighboring Lot Owner understands and agrees that upon completion of the construction of the wall or fence he/she must promptly finish the wall or fence in accordance with the requirements of Subsection 4.2.5(iii) below. (ii) Non-Boundary Line Walls and Fences. If a neighboring Lot Owner does not approve the wall or fence being placed on the boundary line between Lots, an Owner desiring to construct side and rear yard boundary walls or fences may do so along (but not on) the boundary lines of his/her Lot so long as the wall or fence (including, without limitation, the footings supporting the wall or fence) does not encroach upon the neighboring Lot. The form Request For Architectural Approval of Walls/Fences/Gates attached to these Design Guidelines includes a section to be completed and signed by the Lot Owner applying for approval that states as follows: (a) (b) the wall/fence is not a Party Wall as described in Article 6 of the Declaration; and the Owner will be responsible for maintenance and repair of the entire wall/fence, including, without limitation, finishing both sides of the wall/fence in accordance with the requirements of Subsection (iii) below. (iii) Walls and fences not placed on a boundary line but that meet and are connected to a wall/fence on a neighboring Lot shall require the approval of any neighboring Lot Owner. The form Request for Architectural Approval of Walls/Fences/Gates attached to these Design Guidelines includes a section to be 14

15 completed and signed by the neighboring Lot Owner that approves the wall or fence connection Placement of Return Walls and Fences. Return walls/fences constructed between side yard walls/fences and the Dwelling Unit must be placed at least 5 feet behind the front of each side of the Dwelling Unit Finished Surface of Boundary and Return Walls and Fences. (i) (ii) (iii) (iv) (v) Return walls that are constructed of masonry and exceed 12 inches in height must be stuccoed. Any masonry wall (or portion of a wall that is masonry) that is located on a side boundary of a corner Lot or along the rear boundary of a Lot that faces a street must be stuccoed. In all Units both sides of all walls/fences must be painted. All walls/fences shall be painted with Coach House (flat for masonry walls and semi-gloss for wrought iron), which is a custom Frazee color and may be obtained at Frazee paint stores, except for block return walls, which shall be painted the same color as the main body color of the Dwelling Unit. If a perimeter wall/fence has been installed between the boundary line of a Lot and Common Area, it is the responsibility of the Owner who has purchased the Lot to paint the side of the wall/fence facing his/her Lot as set forth in Subsection Paragraph of the Declaration of the C.C. & R's. Common Walls: The six foot block walls between homeowner lots and Trilogy streets and public areas are COA property and may not be used by the homeowner for their personal use other than the flat, vertical side that faces the homeowner s lot. This side may be used as long as no damage to the wall is incurred. Vines and/or shrubs must be kept neatly trimmed within the homeowner s lot. Nothing may be attached to the top surface of the wall. 4.3 Golf Course Walls. Declarant has installed a masonry wall either 12 inches high or 24 inches high along the rear boundary line of all golf course Lots. An Owner may install an additional 60 inches of wrought iron/commercial grade aluminum on top of a 12 inch masonry wall or an additional 48 inches of wrought iron/commercial grade aluminum on top of a 24 inch masonry wall. The total height of the wall/fence cannot exceed 6 feet. The wrought iron/commercial grade aluminum portion of the fence must be painted the same color as all other wrought iron/commercial grade aluminum fences as set forth in Subsection 4.2.5(iii). An Owner also must repair any damage to a masonry wall that may occur during installation of wrought iron/commercial grade aluminum, including repairing stucco and paint if the masonry wall was originally constructed with stucco and paint. 15

16 4.4 Side Yard Privacy Walls. One or more Dwelling Units may be constructed with patio and/or courtyard areas on the side of the Dwelling Unit. The following rules shall apply to side yard privacy walls: Height and Length. The maximum height of walls constructed by Owners for the purpose of creating privacy for a side yard courtyard shall be 72 inches measured from the high ground side of the proposed wall site and must vary in height. If the elevation of the ground rises or declines along the length of the area where a wall is being constructed, the wall height must be decreased or increased in increments so that the maximum height of the wall at all locations is a maximum of 72 inches. Privacy walls may exceed the length of the original patio by no more than 2 feet at each end Materials. Privacy walls shall be constructed of 6 inch masonry block stuccoed and painted on both sides to match the main color of the Dwelling Unit. The walls must be rounded or angled at both ends Placement. An Owner may construct a side yard courtyard privacy wall as a nonboundary line wall that separates neighboring Lots and neighboring Common Areas. The privacy wall must be within five feet of the patio. No part of the privacy wall, including footing, can encroach onto neighbor s lot. The ACC recommends that each Owner obtain a re-certification of proper drainage after installation of walls along or near boundary lines. In no event shall the installation of walls alter the drainage flows of a Lot as established by the Declarant. 4.5 Rear Patio Side Privacy Walls. The following rules shall apply to rear yard patio privacy walls Height and Length. The maximum height of walls constructed by Owners for the purpose of creating privacy for a rear yard patio shall be 72 inches measured from the high ground side of the proposed wall site, but the height of the wall must vary from start to finish. Rear patio side privacy walls may exceed the length of the original patio by no more than two (2) feet at each end Materials. Rear yard privacy walls shall be constructed of 6 inch masonry block stuccoed and painted on both sides to match the main color of the Dwelling Unit. The walls must be rounded or angled at both ends Placement. An Owner may construct a rear patio side privacy wall as a non-boundary line wall that separates neighboring Lots and neighboring Common Areas, and no closer than 3 feet to the patio. No part of the privacy wall, including footing, can encroach onto neighbor s lot. The ACC recommends that each Owner obtain a re-certification of proper drainage after installation of walls along or near boundary lines. In no event shall the installation of walls alter the drainage flows of a Lot as established by the Declarant. 4.6 Front Yard Courtyard Walls. Walls constructed in the front yard to create a courtyard may be permitted on certain Dwelling Units but may not extend into the front yard beyond the main portion of 16

17 the Dwelling Unit or garage. If a fireplace is part of the courtyard wall, it may only extend 1 foot beyond the face of the adjoining wall and may not exceed past the front of the dwelling unit or garage. The height, not to exceed 5 feet, and placement of such walls will be considered on a case-by-case basis. The wall must have architectural features such as rounded top, trim paint, view cuts, and/or decorative stone patches. Owners must check with the ACC whether front yard courtyard walls will be considered for a particular Dwelling Unit. Courtyard walls shall be painted the color of the body of the Dwelling Unit. 4.7 Decorative Walls. Decorative walls may be installed in the front or rear yards in accordance with the following rules: Height. Walls constructed within the front or rear yard of a Lot to delineate entryways or landscaped areas shall not exceed 32 inches in height, except that supporting columns may be 36 inches in height. This Section shall not apply to walls constructed by Declarant as a part of a Dwelling Unit plan (e.g., the walls surrounding the courtyard created by a Dwelling Unit built with a casita option) Materials. Decorative walls constructed within front yards or rear yards may be of 6 inch masonry block stuccoed and painted the main color of the Dwelling Unit, or, they may be constructed of brown toned pavers or other suitably toned block product that does not need to be stuccoed and painted. Limited use of glass block for accent may be considered by the ACC Placement. A front yard decorative wall (32 in height only) must extend no more than 10 feet beyond the front of the house and be set back at least 10 feet from the back of the curb. Decorative walls placed in the front or rear yard shall be a minimum of 5 feet from the side boundary lines of the Lot. 4.8 Seat Walls Seat walls should be constructed of masonry block, stuccoed and painted the main color of the Dwelling Unit. Height, length and placement will be subject to approval by the ACC. 4.9 Gates Trash Enclosure, Pool Equipment Enclosure, Return Wall and Perimeter Wall Gates. (i) (ii) (iii) (iv) shall be constructed using a steel, wrought iron or heavy gauge aluminum frame. shall be constructed using wood inserts. (Trash Enclosures and Pool Equipment enclosures only.) shall be substantially the same height as the adjoining wall/fence. the frame shall be painted the same color as the adjoining wall/fence or black. 17

18 (v) the wood inserts may be left the natural color of the wood, but the wood must be treated with a protective sealant. They may also be painted the color of the adjoining wall/fence Ornamental Entry and Courtyard Gates. (i) (ii) (iii) (iv) (v) shall be constructed using a steel, wrought iron or heavy gauge aluminum frame. shall be substantially the same height as the adjoining wall. the frame and gate shall be painted black, dark brown/bronze, or a color approved by the ACC. shall appear architecturally integrated into the design of the Dwelling Unit. ACC requires a picture of the proposed gate showing decorative metal work and gate specifications All other Gates will be considered on a case by case basis by the ACC Perimeter walls/fences installed between Lots and Common Areas shall not be altered by an Owner to install a gate General Guidelines Applicable to All Walls and Fences Illustrations of different types of walls/fences are set forth on Exhibit C attached hereto Unless otherwise prohibited on a recorded plat or other recorded document, an Owner may construct walls/fences within a landscape easement but not in a utility easement If a dispute between Owners arises with respect to the maintenance, repair or replacement of a Party Wall, the Owners may submit the dispute to the Board in accordance with Subsection Paragraph of the Declaration Verifying the location of Lot boundary lines prior to construction of walls/fences is the sole responsibility of the Owner(s) constructing the walls Prior to submitting any wall/fence for design review by the ACC, an Owner should first inquire at the Town of Gilbert for any building requirements which may be applicable to the proposed wall/fence. The Town has specific rules governing swimming pool, spa/hot tub fence enclosures, and an Owner should submit a proposal for a swimming pool, spa/ hot tub fence only after being assured by the Town that the proposed fence will not be in violation of those rules Notwithstanding the foregoing, the ACC shall have no liability for the approval of a wall/fence that does not comply with all applicable laws. Laws change from time to time and it 18

19 is the Owner s responsibility to make sure that any wall/fence plans are approved by the applicable governmental authority, as well as the ACC, prior to construction Any walls/fences removed during construction of a pool, spa or other improvement shall be walls/fences situated on the Owner s Lot; removal of walls/fences abutting a Common Area shall not be allowed without prior consent by the ACC and the Association. Any wall/fence removed shall be replaced in its original state immediately after construction is complete, including paint (and stucco, if applicable). ARTICLE 5 COMPLIANCE OFFICER FAST TRACK APPROVAL ITEMS 5.1 Antennas, satellite dishes, communication services. If an Owner desires to install an antenna for the purpose of receiving television or other communications services, the rules in this Article 5 apply, subject to Federal, State, and Local regulations. 5.2 Approved Devices. An antenna one meter or less in diameter or diagonal measurement which is designed to receive signals from direct broadcast satellites (DBS) or designed to receive video programming services from multi-channel multi-point distribution (wireless cable) providers (MMDS) or an antenna that is designed to receive television broadcast signals (TVBS) may be placed, installed, or kept on a Lot if the antenna complies with the restrictions set forth in Subsections through For the purposes of this Section 5.2, a restriction shall be deemed to impair the user s ability to receive signals from a provider of DBS, MMDS or TVBS if compliance with the restriction would unreasonably delay or prevent installation, maintenance or use of the antenna, unreasonably increase the cost of installation, maintenance or use of the antenna or preclude reception of an acceptable quality signal The antenna must be placed on the Lot in such a manner as to not be Visible from Neighboring Property unless it is impossible to do so without impairing the user s ability to receive signals from a provider of DBS, MMDS or TVBS If the antenna cannot be placed on the Lot in such a manner as to not be Visible from Neighboring Property without impairing the user s ability to receive signals from a provider of DBS, MMDS or TVBS, then the antenna must be screened by landscaping or by some other means so that it is not Visible from Neighboring Property, unless such screening would impair the user s ability to receive signals from a provider of DBS, MMDS or TVBS, in which event the antenna must be screened by landscaping or by some other means to reduce to the greatest extent possible its Visibility from Neighboring Property without impairing the user s ability to receive signals from a provider of DBS, MMDS or TVBS If the antenna is mounted on a residence or other structure and is Visible from Neighboring Property, the antenna must be painted a color that will blend into the background against which the antenna is mounted, unless the painting of the antenna would impair the user s ability to receive signals from a provider of DBS, MMDS or TVBS. 19

20 5.2.4 An antenna that is less than one meter in diameter and is designed to receive video program services from MMDS or an antenna designed to receive TVBS may be mounted on a mast which does not exceed 12 feet in height above the roof line. However, the mast shall be no higher than the height necessary to establish line of sight contact with the transmitter. If the mast or antenna is Visible from Neighboring Property, the mast or antenna must be painted a color that will blend into the background against which the antenna is mounted, so long as the painting of the antenna does not impair the user s ability to receive signals from the MMDS or TVBS provider Before an antenna is installed, erected, or placed on a Lot, advise the ACC in advance with a plot plan showing the location of the antenna on the Lot and the manner in which the antenna will be installed in order to be in compliance with Federal, State, and local restrictions and ACC Guidelines Before an antenna which exceeds one meter in diameter or diagonal measurement and a mast which exceeds 12 feet in height above the roof line is installed, constructed, or kept on a Lot, advise the ACC in advance with a plot plan showing the location of the antenna and mast on the lot and the manner in which the antenna and mast will be installed in order to be in full compliance with Federal, State, and local restrictions and ACC Guidelines. 5.3 Flags, Flag Poles, and Decorative Banners. No flag may be displayed on any Lot without the prior written approval of the ACC. No more than two (2) flags may be displayed on one Lot at any time. The flags displayed may be the following: (i) (ii) (iii) (iv) (v) (vi) The American Flag An official or replica of a flag of the United States Army, Marine Corps, Navy, Air Force, Coast Guard; The POW/MIA Flag; The Arizona State Flag; An Arizona Indian nations flag; The Gadsden flag Decorative flags may be displayed in rear yards only. All displays of the American flag (and, if applicable, any other flag) on Lots must be in a manner consistent with the Federal Flag Code (4 USC Sections 4 through 10) No flagpole may be installed without the prior written consent of the ACC. A request for approval of a flagpole must include the materials and color of the flagpole and the proposed location of installation. Flagpoles installed on Lots shall be limited in height to 20 feet and must be placed a distance the greater of 20

21 (i) (ii) 10 feet back from the front sidewalk, or 1/2 the distance from the front of the house to the edge of the front sidewalk. Flagpoles must be placed a minimum of 5 feet from side property lines A flag is also permitted by using a bracket mounted on the Dwelling Unit or by other methods approved by the ACC. Brackets must be painted to match the color of the Dwelling Unit where the bracket is attached. All flags shall be of a reasonable size as determined by the ACC. 5.4 Gutters and Downspouts. Gutters and downspouts are permitted if the finish matches the color of the Dwelling Unit as close as possible. Gutters shall match the fascia color of the Dwelling Unit and down spouts shall match the body color of the Dwelling Unit. High-quality materials that offer long life are recommended. Gutters must follow the contour of the structure to which they are attached. They must not span open spaces away from the structure or go across blank walls. Installation of the downspouts shall not affect the drainage pattern of the Lot, shall be aimed or pointed towards the street, and shall not direct drainage onto other Lots. Plastic gutters (including, without limitation, vinyl gutters and downspouts) are not permitted. 5.5 Lighting (Security, Coach, Ground, etc.). No outside light, other than indirect lighting and decorative fixtures mounted on the Dwelling Unit by Declarant, shall be placed, allowed or maintained on any Lot without the prior written consent of the ACC. 5.6 Repainting of Dwelling Units and Walls. Because of variations in paint colors, paint manufacturers and changes made to color options, all exterior paint colors must be approved even if they are from the builder s original color list. This requirement to obtain the approval of the ACC applies to the body of the Dwelling Unit, any trim, exterior doors, fascia, and exterior accents (stucco pop-outs). Color chips will be required for any request to paint any portion of the exterior of the Dwelling Unit. Notwithstanding the foregoing, a proposal to paint a Dwelling Unit by an Owner of substantially the same color and type of paint as was originally applied to the Dwelling Unit still must be approved by the ACC. Any application must include the Unit# (i.e., Unit 1, Unit 4 or Unit 5) and Scheme# (There are 13 schemes within each Unit group) and paint names and numbers of all colors applied for Each Dwelling Unit color scheme indicates a color for the: (i) (ii) (iii) (iv) main body of house pop outs (usually by garage door, front or side window(s) or around patio columns) fascia (area just under roof line) and trim at front door front door (called "trim" in color charts) and shutters (if any) 21

22 5.6.2 When repainting the homeowner must stay with the original four color scheme or select a new predetermined four color scheme from the Paint Binder in the COA office. You may not mix color schemes. REMEMBER, if changing to a new four color scheme, items such as return walls, gates, privacy walls, trash and pool equipment enclosures, etc. will need to be repainted to match the new color scheme also Painting block walls and fences: (i) (ii) (iii) (iv) (v) (vi) (vii) Return block wall: matches main body of house color Boundary wall/fence: Frazee Coach House color Decorative wall: matches main body of house color Seat walls: matches main body of house color Front courtyard wall: matches main body of house color Trash Enclosure/Pool Equipment Enclosure: matches main body of house color Side yard and rear patio side privacy walls: matches main body of house color 5.7 Security Doors. The ACC will consider security doors made of steel, heavy gauge aluminum or wrought iron with frames painted to match the main color of the Dwelling Unit or the entry door. The security door must match the entire size of the door entrance and be installed within the frame of the door entrance and appear architecturally integrated into the design of the Dwelling Unit. The ACC will require the door specification and a picture showing the door design with any decorative metal work. Screen material used on security doors must be charcoal, dark brown, or beige. See also Section Steel plating is not acceptable. 5.8 Solar Energy Devices. It is recommended that solar roof panels be placed to look like an integrated part of the roof design and mounted directly to the roof plane. 5.9 Window Coverings-Exterior Roll-shade screen devices and security shutters as protection from golf ball damage will be considered by the ACC on a case-by-case basis as long as they comply with the following requirements: (i) (ii) (iii) must be compatible with the materials and paint color of the Dwelling Unit, trim and the roof tile must be maintained in a good and clean condition must be installed on inside of fascia 22

23 (iv) must not be constructed of any reflective material Sunscreens will be considered by the ACC (but are not recommended for low energy windows) if the frame materials and color match existing window frames and the screen material is fiberglass mesh either charcoal, brown, or tan/beige in color. White screening material is prohibited. If sunscreens are installed on patio enclosures, the framing must be painted to match the color of the window frame or doorframe. ARTICLE 6 OTHER IMPROVEMENTS AND ALTERATIONS 6.1 Anti-Pigeon Devices. Anti-pigeon devices will be considered for approval on a case by case basis if designed to look like an integral part of the roof design and mounted directly to the roof. The color of the device must match or blend in with the roof colors. 6.2 Arbors. Arbors are not permitted in the front or side yards, and if approved for back yards, must be of superior quality. The ACC will consider arbors on golf course Lots only if the proposed location does not obstruct the view of the golf course from neighboring properties. See Section 6.35, Trellises, for rules that also may apply to arbors if applicable. 6.3 Awnings. Retractable awnings are allowed on rear patios on all models and on the side patio of the Cimarron model only Operation style must be motorized (electric) The retractable patio awning must have an anemometer and/or motion sensor or wind sensors that will automatically retract the patio awning if the wind exceeds the manufacturer's specifications. The product specifications must show the wind sensor features The retractable awning must be mounted under an overhang or under a soffit All arms must be horizontal The retractable patio awning must be self-storing The retractable awning must be retracted at night The retractable patio awning must not have any visible arms when retracted and must not require stakes at the end of the awning The retractable patio awning must not extend within seven feet of the rear property line The color must be one solid color (no stripes or patterns.) The color of the awning must blend with the color of the body of the house. 23