Dynamite ranch a.k.a San Marcos manor Homeowners association. New Revised Architectural Committee Rules and Guidelines

Transcription

1 Dynamite ranch a.k.a San Marcos manor Homeowners association New Revised Architectural Committee Rules and Guidelines Revision Completed October 2010

2 Table of Contents I. History of San Marcos Manor... 3 II. Where to Find SMM Documentation... 3 III. Architectural Committee... 3 IV. Purpose of Architectural Guidelines... 4 V. Architectural Review Process... 4 VI. Guidelines Accessory Buildings/Structures Animals Awnings Basket Ball Equipment Canopies Clotheslines Decorations (Holiday) Decorative Pots/Ornamentation Design Compatibility Doors Driveways Flags Forms and Drawings Garage Conversion Gates Gazebos Grass/Turf and Granite Height & Placement Restrictions House Painting Landscaping Landscaping Maintenance Lighting Fixtures Misting Systems Nuisances

3 25. Parking Permits and Building Codes Political Signs Protection of Community (Common Areas) and Neighbors Public Service Vehicles Rain Gutters and Downspouts Recreational Structures/Equipment Satellite Dishes/Antennae Storage Sheds Swimming Pool Installations and Regulations Trash Containers and Collection Vehicles, Trailers, Campers, Boats Walkways Washes and Common Area Access VII. Additional Rules/Policies Garage Sales/Moving Sales Rental Property Speed Limit View Fences VIII. Excerpts from SMM HOA CC&Rs IX. Revision Dates

4 I. History of San Marcos Manor San Marcos Manor is a desert-oriented community in northeastern Phoenix, characterized by native Sonoran Desert vegetation and wildlife. The community consists of sixty (60) single family homes (one and two stories). The architecture of the community is in the traditional southwestern style of stucco exteriors and tile roofing. The community was constructed by Maracay and H & W Builders. The first model homes were erected in 1996 at the northwest side of E. Desert Vista Trail. There are still 26 original homeowners in the community. Our community consists of the following private streets: E. Silver Sage Lane E. Desert Vista Trail E. Cordia Lane N. 49th Place N. 50th Place The Conditions, Covenants, and Restrictions (CC&Rs), provided at the time of purchase, is the main governing document of the community. The CC&Rs require the establishment of an elected Board and the appointment of an Architectural Committee. See SMM Resource Center, click on Governing Documents. II. Where to Find SMM Documentation The governing documents can be found online Resource Center, Governing Documents. This folder is the principal source for all the information about our association's rules, regulations, by-laws, CC&Rs and design standards. Listed below are the topics: CC&Rs CC&Rs 1st Amendment Fine Policy Front Yard Landscape Design Standards III. Architectural Committee Establishment: The CC&Rs govern the use and alteration of all property within San Marcos Manor. The CC&Rs establish a homeowners Association and Board of Directors. The CC&Rs at Article 3 section(s) 3.1 thru 3.5 of the CC&Rs (see SMM Resource Center, click on Governing Documents) sets forth the appointment, duties and non-liability of the Architectural Committee (AC). Duties: Establish guidelines based upon the following (CC&Rs, section 3.5): o Style o Exterior design o Appearance o Location Establish a review process. Review architectural submittals. 3

5 IV. Purpose of Architectural Guidelines The Architectural Guidelines preserve property values by ensuring alterations are compatible with the exterior design and style, enhance aesthetically, and blend harmoniously with the community. The guidelines are broad; all external improvements within the community must receive prior approval. They govern the appearance of the community and add value to its environment by ensuring attractive and useful improvements. The further purpose of the guidelines is to provide homeowners with directions when planning or considering architectural and drafting plans and specifications to be submitted to the Architectural Committee review. These guidelines are an extension of the CC&Rs. San Marcos Manor Resource Center, click on Governing Documents. V. Architectural Review Process Please refer to the CC&Rs (Article 7, Section 7.7.) for Improvements and Alterations which is also quoted in VII. Excerpts from SMM HOA CC&Rs in this document. Always check the current Architectural Guidelines. Submit application with appropriate plans, drawings, measurements, dimensions, paint chips, plant species and sizes and any required permits from the City of Phoenix. SMM Resource Center, click on Printable Forms. Upon receipt of the application the property manager will date stamp and deliver it to the Architectural Committee. When necessary, neighboring properties will be contacted by the AC. The Architectural Committee will check the application for completeness and make sure that it conforms to the architectural guidelines and the CC&Rs. The Architectural Committee has 30 days to complete this process. Incomplete applications will be denied and returned to the homeowner with suggestions for modification. In some instances, the application will be granted a conditional approval. This permits the project to continue under the modifications agreed to in the review process. Final approval is based upon an inspection of the completed project and confirmation that the project was finished in accordance with the specifications of the conditional approval. If the completed project is not in compliance, the applicant has 30 days to modify the project for compliance, remove the project, request a variance or appeal to the Board of Directors. According to A.R.S , the Board of Directors is authorized to levy fines. After notice and an opportunity to be heard, the board of directors may impose reasonable monetary penalties on members for violations of the declaration, bylaws and rules of the association. Additional Factors: Variations in lots within the community: o Size o Location o Elevation Grandfather Clause: upon adoption of the Architectural Committee Rules and Guidelines, all future improvements and alterations must comply with these guidelines. Notwithstanding the preceding sentence, any preexisting improvement or alteration on a Lot, that has AC approval, may continue until the Lot is sold to a Third Party. For purposes of this provision, Third Party shall be defined as any person who is not an 4

6 Owner as that term is defined in the Declaration. This provision does not apply to any of the City of Phoenix regulations or requirements. Variance Clause: The Architectural Committee may, at its option and in extenuating circumstances, grant variances from the restrictions, limitations, rules, and regulations set forth in the Architectural Committee Rules and Guidelines if the Architectural Committee determines in its discretion that (i) a restriction, limitation, rule, or regulation would create an unreasonable hardship or burden on an Owner or Lessee and (ii) that the activity permitted under the variance will not have any substantial adverse effect on the other Owners, Lessees, or the Lots and is consistent with the high quality of life intended for residents of San Marcos Manor. Appeal process: Please refer to the CC&Rs (Article 3, Section 3.2) for appeals. Article 3 Section 3.2 grants any owner aggrieved by a decision of the Architectural Committee the right to appeal the said decision to the Board of Directors according to process outlined below: Only denials from the Architectural Committee may be appealed. Only the owner, or principal, may submit an appeal. Only one appeal will be allowed for a given request. Due to the nature of researching an appealed decision, the committee cannot commit to a 30-day turnaround for this process. Re-submittals of alternative requests will not be considered appeals. A request re-submitted following a change in the applicable rule(s) would not be considered an appeal. It would be treated as a new submission. VI. Guidelines 1. Accessory Buildings/Structures Accessory buildings exceeding the party/perimeter wall height or having a projected roof area greater than 25 square feet shall require the following: o o o mature plants to obscure setbacks from perimeter walls roofing and sides tiled, shingled, painted, stained, or stuccoed to blend with the surroundings 2. Animals See Height and Placement Restrictions No animals such as birds, fowl, poultry, or livestock, other than a reasonable number of generally recognized house or yard pets. See section 7.3 Animals of the SMM HOA CC&Rs for more details. 3. Awnings An awning may be attached to a residence only in the side or rear yard. Awnings and canopies are prohibited in the front of a residence and on a side yard that is adjacent to a street. Only solid colors that complement the exterior color are permitted. 4. Basket Ball Equipment Basketball hoops attached to any part of the house or located on a permanent pole in the front yard are not permitted. 5

7 Homeowners are authorized to have portable basketball set ups on their driveway during daylight hours (8:00 a.m. - dusk), while being utilized. Portable setups must be stored out of sight when not in use. Both portable and permanent basketball setups are permitted in backyards. A minimum setback of fifteen (15) feet from perimeter walls is required and must not create a nuisance to neighboring property. Backboards shall be clear or painted to match the house. Mature plantings may be required. 5. Canopies Refer to Accessory Buildings/Structures and Height Restrictions. 6. Clotheslines Guidelines are covered in the CC&Rs, page 14, Section Decorations (Holiday) All holiday and seasonal decorations are temporary in nature. Holiday/seasonal decorations and lighting may be up and displayed 30 days, one month prior to the holiday, and must be taken down and removed no later than two (2) weeks after the holiday. 8. Decorative Pots/Ornamentation Pots of a neutral color or natural finish are permitted when placed within one (1) foot of the entryway (the entryway is the front concreted area adjacent to front door). Pots and planters may not exceed four (4) pieces or be greater than twenty-four (24) inches in height. Patio type furniture is permitted, in front, however placement is restricted to concreted area of entryway adjacent to front doors. No furniture may be placed in the front yard or driveway. See Landscape Design Standards, page five (5) numbers 21 and 22. Ornamentation such as, but not limited to, driftwood, skulls, wagon wheels, sculptures, etc. are not permitted in front yards. The extension of any pre-existing perimeter wall or the construction of any additional walls into the front yard area of the property is prohibited. 9. Design Compatibility 10. Doors The proposed architectural change must be compatible with the design characteristics of the community and the property requesting change. Front Entry: must be painted to match/blend with house or finished in a clear coat. Replacement doors with glass inserts are permitted. Garage: for replacement, sectional metal rollup doors with stamped panels, similar to the originals are required. They must be painted to match house color. Only plain glass inserts are acceptable. Security/Storm: must be purchased or painted a color to match/blend with the house. May be constructed of wrought iron, steel, or other high quality metal. 6

8 11. Driveways 12. Flags Expansion of the originally installed driveway (1998) or the creation of any new paved area for driveway or parking is prohibited. Exception is a "bonus room" conversion into a single garage. Driveways are not permitted to be painted, stained, covered with outdoor carpet or rubberized materials or any other removable surfaces. A clear sealer may be applied. Only the following flags are permitted to be flown: American official or replica of a flag of the United States Army official or replica of a flag of the United States Navy official or replica of a flag of the United States Air Force official or replica of a flag of the United States Marine Corps official or replica of a flag of the United States Coast Guard POW/MIA Arizona State Arizona Indian Nations Flags must be flown in a manner consistent with U.S. Flag Code, Title 36, Chapter 10. No more than two (2) flags are permitted per residence. Flags flown at night require low voltage illumination. Flags may be mounted to the front of the house using an appropriate pole and bracket. A flagpole may also be used on the property. The height of a flagpole can be no greater than the distance between the point of the pole in the ground and closest point of either of the following: the sidewalk or street (if no sidewalk) any common area neighboring property line driveway perimeter wall residence or additional buildings 13. Forms and Drawings See section IV. Architectural Review Process. 14. Garage Conversion 15. Gates The single entry stall of a three (3) car garage may be converted into a living area. Homeowners are responsible for compliance with applicable city codes and matching external changes to the existing style and design of the community. Due to parking regulations, further conversion of the remaining two (2) car garage area is prohibited. Side Entry: wooden slat maintenance, homeowners may choose any one (1) of the following methods of maintenance. o paint same color as house and perimeter wall. o clear coat using water sealants, exterior varnish, polyethylene, etc. o linseed Oil. o metal frame maintenance, metal frames may be painted the same color as the house or black. 7

9 16. Gazebos Security (gates mounted in entry way): must be painted to match/blend with the house color and made of wrought iron. See Accessory Buildings/Structures and Height Restrictions 17. Grass/Turf and Granite See Landscape Design Standards, p Height & Placement Restrictions Structures (objects) installed, constructed or placed in the back yard are limited to a maximum height of (4) four feet above existing party/ perimeter walls. Placement: any structure (object) exceeding the height of the party/perimeter wall will require a minimum setback from the wall of three (3) to seven (7) feet. Exact distance from the wall will be determined by the height and type of structure and the variations which occur in the specific lots affected by the request. Due to variations in lot elevations, lot shapes, lot locations within the community, and perimeter wall heights, all structures exceeding the perimeter wall height by more than (2) two feet and are visible from any common areas and/or neighboring properties will be reviewed on an individual lot-by-lot basis. Please see specific guidelines for particular structure(s) and requirements. 19. House Painting The Dunn Edwards Paint Booklet contains suggested, not required, paint swatches. Homeowners may use another paint company or other colors that are within the range of suggested colors. Homeowners not using the Dunn Edwards Booklet will be required to paint a two foot square in a conspicuous area on the front of the house, when submitting an Architectural Review form, for each color used. 20. Landscaping For complete details, refer to the Landscape Design Standards, Front Yard Landscape guide. Front Yard: o Replacement plants must come from approved plant list pp 7-9. o Decomposed granite - Madison Gold - (1/4 or 1/2 in.) o Turf areas permitted only on listed lots, p.4. o Only low voltage lighting permitted. Colored bulbs or lenses not permitted. Lighting must be adjusted to minimize glare into street or neighboring property. Rear Yard: o Design and installation of landscaping is at the discretion of each homeowner. See precautions pp Prohibited Plants: o Olive o Eucalyptus o Mulberry o Palms o Pine species 8

10 21. Landscaping Maintenance Section 7.21 of the CC&Rs requires each homeowner of a lot to keep all plantings neatly trimmed and to keep all areas of the lot free of trash, weeds and other unsightly materials. 22. Lighting Fixtures Garage and Entry Way Indirect fixtures only. - indirect lighting is characterized by a hidden light source (bulb) and the highest intensity of light is directed to a confined area). Fixture(s) must be painted to match/blend with house. Spot Lights Lighting fixtures addressed in this guideline shall include, but not limited to search, spot, flood lights, etc. Please see Phoenix City Code, Section Any outdoor lighting installed on a lot or dwelling, subsequent to initial lighting installed by the builder, must receive advance approval by the Committee. Permanent lighting sources shall not be directed towards streets, common areas or neighboring property. Lighting fixtures may only be attached to the rear of the house and mounted no higher than one (1) foot below the roofline of the patio. Fixtures must be mounted or fixed at a downward right angle and enclosed in a non-transparent shielding that extends no less than six (6) inches beyond the bulb (s) Shielding and exposed conduit must be painted to match/blend with the house color. Lampposts May be placed only in the rear yard. 23. Misting Systems Water misting systems may be installed only in the rear of homes and painted to match the house. 24. Nuisances 25. Parking See section 7.10 Nuisances of the SMM CC&Rs. Vehicles may not be parked on the streets overnight. See CC&Rs, Section 7.25 for more details. 26. Permits and Building Codes Homeowners are responsible for obtaining all permits and complying with the City of Phoenix building codes. Committee approval of plans and specifications is not, and will not be a representation of warranty. 27. Political Signs Political signs may be placed no earlier than 45 days before the day of election. The homeowner is limited to using signs that do not exceed 24 inches by 24 inches per state law ( ). 9

11 The number of signs is limited to four (4) per member's property. They must be removed no later than seven (7) days after Election Day. 28. Protection of Community (Common Areas) and Neighbors The AC will review all requests based upon the established criteria, under II. Architectural Committee of this document. In addition to the criteria, primary concern must be given to the effect(s) of the request upon the community and neighboring properties. 29. Public Service Vehicles DPS, MCSO and local law enforcement jurisdiction vehicles that are required to be available at a person s residence as a condition of employment, as well as vehicles covered under ARS (public service vehicles), are excluded from parking restrictions. 30. Rain Gutters and Downspouts Gutters and downspouts must be constructed of seamless aluminum, must be painted to match/blend with house, and follow the contours of the surface of the house. 31. Recreational Structures/Equipment Recreational equipment such as swing sets, pool slides, gym equipment, play towers, etc. but not limited to the preceding, are permitted only in the rear yard. (Exception: see basketball setups). Such structures/equipment must be painted to match/blend with surroundings. Canopies must be a solid, neutral color with no designs. Canopies and all equipment must be maintained in good condition. The equipment, including canopy, may not extend more than four (4) feet above the perimeter walls. Platforms may not exceed three (3) feet above the ground. Such structures/equipment require: o o mature plants to obscure setbacks from perimeter walls See Height and Placement Restrictions 32. Satellite Dishes/Antennae Every attempt should be made to place the dish/antenna in an unobtrusive location, i.e. side yard or rear yard. Any cable leading from such installations must be secured and painted the color of the surface to which it is attached. 33. Storage Sheds See Accessory Buildings and Height sections for details. 34. Swimming Pool Installations and Regulations Prior to Construction, homeowners must contact the management company and submit detailed plans, for AC review, showing point-of-entry into the backyard, setbacks from perimeter walls, location of pool slide, and copies of all permits. 10

12 Homeowners are responsible for any damage to neighboring property and construction must not impede the flow of traffic. Construction and a complete restoration of the area are required within 30 days. City of Phoenix, Code of Ordinances, Section prohibits the escape of water. Specifically, this section makes it unlawful for any person to willfully or negligently permit or cause the escape or flow of water from any source in such quantity as to cause flooding, to impede vehicular or pedestrian traffic, to create a hazardous condition to such traffic, to create a condition which constitutes a threat to the public health and safety, or to cause damage to the public streets or alleys of the City of Phoenix. Each violation of this section, and each day on which a violation occurs, shall be considered a separate offense. The modification of the above ordinance allows the release of water from any source if the quantity of water does not violate any of the above restrictions. 35. Trash Containers and Collection Trash containers may be placed at the curb the evening before the scheduled pickup and must be stored out of sight by the evening of the trash pickup. Monday is recycling day for the blue container, and Thursday is trash day for the green container. See CC&Rs, Section 7.11 for more details. 36. Vehicles, Trailers, Campers, Boats Boats, motor homes or other recreational vehicles are permitted to park on the driveway or in front of a member s residence to allow loading or unloading of supplies for no more than 48 hours in any one week. Such vehicles must not block or hamper the flow of traffic or park in front of any property other than the owner s. See CC&Rs, section 7.9 for more details. 37. Walkways A walkway may be created from the edge of the driveway to the side entry gate. Materials that may be used are flagstones, stepping stones, or pavers. The walkway may not exceed four (4) feet in width and may not run parallel to the driveway. The above materials may not be used in the front landscaping in any other manner. 38. Washes and Common Area Access The installation of gates from individual residences to the washes or other common areas is prohibited. 11

13 VII. Additional Rules/Policies 1. Garage Sales/Moving Sales According to Phoenix, AZ Code of Ordinances, , garage sales are not allowed more than three (3) separate occasions during any calendar year. Owners who have sold their house may hold a moving sale. Attachment of signs to light poles, street signs, walls or other structures is not permitted. 2. Rental Property 3. Speed Limit Inform the Board and /or Management Company. Provide a current address. Provide the renter with copies of the CC&Rs and Architectural Guidelines. The property owner is responsible for any violations committed by the renter including any fines levied if the violations are not corrected. Speed limit on all streets in San Marcos Manor is 15 MPH as posted. 4. View Fences View fences are treated in the same manner as block walls when viewing objects (structures). Ownership of the view fence is shared, one half (1/2) Association one half (1/2) individual homeowner. VIII. Excerpts from SMM HOA CC&Rs Section 7.2 Residential Use. All Lots shall be used, improved, and devoted exclusively to Single Family Residential use. No gainful occupation, profession, trade or other nonresidential use shall be conducted on any Lot. Nothing herein shall be deemed to prevent the leasing of a Lot to a Single Family from time to time by the Owner thereof, subject to all of the provisions of the Project Documents. Any Owner who leases his Lot shall promptly notify the Association and shall advise the Association of the term of the lease and the name of each lessee. All buildings or structures erected upon the property shall be of new construction and no buildings or structures shall be moved from other locations onto the Property without the prior written approval of the Architectural Committee. Section 7.7. Improvements and Alterations. No Improvements, alterations, repairs, excavations, landscaping or other work, including exterior paint, which in any way alters the exterior appearance of any property or the Improvements located thereon, from its natural or improved state existing on the date such property was first conveyed in fee by Declarant to a Purchaser, shall be made or done without the prior written approval of the Architectural Committee, except as otherwise expressly provided in this Declaration. No building, fence, 12

14 wall, landscaping, residence, or other structure shall be commenced, erected, maintained, improved, altered, made or done without the prior written approval of the Architectural Committee. No change or deviations in or from such plans and specifications once approved shall be made without the prior written approval of the Architectural Committee. All decisions of the Architectural Committee shall be final and no Owner or other parties shall have recourse against the Architectural Committee for its refusal to approve any such plans and specifications or plot plan, including lawn area and landscaping. IX. Revision Dates 2003, April 2006, October 2010 This document was reviewed by Carpenter Hazlewood, Attorneys at Law, on November 1, This document was approved by the SMM Board on January 25,