The Village Architectural Control Policy and Guidelines (ACPG)

Transcription

1 The Village Architectural Control Policy and Guidelines (ACPG) Amended and Adopted by the Board of Directors, December 9, 2014

2 INTRODUCTION This document includes rules, procedures and guidelines to regulate and assist the Architectural Control Committee (ACC) and homeowners through the architectural review process. It supports the architectural control restrictions contemplated by the governing documents that bind each owner. This process is essential to create and preserve a community that is attractive, livable and to protect property values. ARCHITECTURAL CONTROL COMMITTEE Responsibilities: In accordance with authority granted to the Board of Directors in the governing documents, an Architectural Control Committee is appointed whose primary duty is to supervise and control the external design, appearance, location and maintenance of all improvements on the property. In carrying out its duties, the ACC shall review all submittals and apply the procedure, standards and design guidelines as set forth in this document. The ACC shall keep records of each homeowner s request, approval and auxiliary related documents in the corresponding Unit s folder in the Association files. Policy: All owners shall obtain written approval from the ACC before commencing with any modification or alteration to, or attachment of any appurtenance to any Common or Limited Common Area. (A comprehensive list of Common and Limited Common Areas may be found in Amended Exhibit E to the Declaration. Also refer to the Maintenance, Repair, and Replacement Responsibilities Policy). This policy specifically relates to the exterior appearance and all things altering the appearance of any building, altering the structure or anything touching the structure or fence, construction inside fenced yard areas, patios, decks, etc. or anything that is Common or Limited Common Area, whether inside or outside the Unit boundaries. (Landscaping modifications and alterations refer to the Landscape Guidelines). The ACC will review plans, materials, colors and placement of modifications, alterations, additions and appurtenances to ensure compliance with the design requirements, policy and procedures of the Architectural Control Policy and Guidelines. Items subject to this guideline and this committee s control include, but are not limited to, exterior paints and stains, screens, doors, windows, awnings, flags, flag poles, decoration, antennas and satellite dishes, and anything or any activity that may be encroaching on or altering Common or Limited Common Areas. General building codes are established and compliance with them is a service of the city building department. Homeowners are responsible for obtaining building permits for any alterations that require a building permit. The homeowner s association assumes no responsibility for the structural integrity, safety features, mechanical operation or building code compliance of the proposed construction. Committee Discretion: This policy does not cover every possible situation that may require ACC approval. As it applies, the ACC is authorized to exercise discretion in approving or disapproving a specific proposal. In some special cases, the ACC, with special approval from the Board of Directors, may approve a proposal that may conflict with a standard set forth in this guideline. This approval does not constitute a precedent for future requests. MODIFICATION REQUEST SUBMITTAL PROCEDURES Procedure: All requests for modifications / alterations must be submitted to the ACC in writing. (Deliver to the office during regular business hours). The Approval Request Form (available in the office) may be used or the homeowner may submit their request in any other written form as long as enough information is provided for the ACC to determine if the request is reasonable and meets these guidelines. Examples of types of information to be provided: Homeowner name, address, Page 2 of 2

3 phone number and date along with a written description of the project, paint/stain color chips or color names, photographs, catalog pictures, drawings, plans, location, height, material, copy of building permit, if required by the City, copy of contractor s registration or license, proof of contractor s Worker s Compensation and Liability insurance, with the Village Condominiu7m Owners, Inc. named as an additionally insured entity.. The ACC is required to rule on the proposal within 30 days of submittal and if the submittal is not acted upon by the ACC (approved or disapproved) within those 30 days, the submittal shall be considered approved. Upon ACC consideration the submittal will be marked with: "Approved" (project approved as submitted), or "Approved as Noted" (subject to conditions noted), or "Not Approved" (reasons noted on drawings and forms) A copy of the approved modifications shall become a part of the homeowner s Unit file in the Association s records and a copy returned to the homeowner. It is the unit owner's responsibility to apply for and pay all fees for permits and inspections required by the governing authorities and codes, if applicable. Standards: All modifications and alterations shall be in compliance with the City building code and preserve consistent external appearance, design and compatibility with existing structures, materials and colors. Completion: Approved projects must be commenced within three (3) months of ACC approval. After three months, re-submittal and re-approval is required. All projects shall be completed in a timely and continuous manner. The ACC may grant an extension due to extenuating circumstances brought to its attention. Appeal: An applicant may petition the Board for a review of the ACC's decision by submitting a written statement to the President of the Board, explaining the issue and the proposed solution. A majority of the Directors must agree that a review is appropriate and will notify the applicant within 30 days after the applicant's statement is received of the acceptance or denial of the petition, and any conditions. The Board may set procedural limitations for the review, including restricting the scope of the review to specific issues and limiting the time that the applicant may speak. Enforcement Process: Violation of the may be reported by any owner in writing to the ACC. Violations will generally be processed in the following manner but some circumstances may require a different action, at the Board of Directors discretion: a. An ACC representative will inspect the alleged violations. b. If the ACC determines that the alleged violation requires corrective action, two letters (second by registered mail) seven (7) or more days apart, will be sent to the violator by the ACC. The letters will clearly state the nature of the violation and the proposed corrective action to be taken. c. If no satisfactory response is received within fourteen (14) days of the second letter, the ACC will turn the matter over to the Board for further action as provided in the governing documents. DESIGN AND MATERIAL GUIDELINES Standards: All modifications and alterations shall preserve consistent external appearance, design and compatibility with existing structures, materials and colors. All l modification / alteration projects that involve or touch Common or Limited Common Area require a licensed, bonded and insured contractor, in accordance with Maintenance Repair and Replacement Responsibility Policy, Additional Rules and Guidelines, Items #1 and #2. Page 3 of 3

4 Exterior Paint and Stain Colors: Generally all exterior Common and Limited Common Area painting and staining of the wood surfaces is the responsibility of the Association. If an owner wishes to paint or stain Common or Limited Common Area wood surfaces on the exterior of their unit, ACC approval must be obtained as well as communicating with the Association s maintenance manager. Color, type and grade must be the same as existing. The interior surface of a unit s fenced in back yard may be painted or stained by the unit owner. Only colors in subdued or neutral tones compatible with the other colors on the building will be considered. Bright or high intensity colors will not be permitted. Front Doors: Replacing an exterior door, threshold and frame with the same style, type, color and grade does not require ACC approval. Replacing door hardware does not require ACC approval. Painting an exterior door with the same color, type and grade does not require ACC approval. ACC must approve changes in exterior door color or style.. Only colors in subdued or neutral tones compatible with the other colors on the building will be considered. Bright or high intensity colors will not be permitted. Screen/Storm Doors: ACC must approve the addition of screen and storm doors. Frames must be metal and color and style must be attractive and consistent with the architecture and general appearance of the complex. Wood framed screen doors are not allowed. Unit Windows and Skylights: ACC must approve all window and skylight replacement. Repair and replacement of windows and skylights shall be of same color, similar style and same grade/quality or better than existing. Garage Doors: ACC must approve all garage door replacement. New garage doors shall be of similar style and same grade/quality or better than existing, the same color (white) as existing, and shall conceal the contents of the garage. Garage doors may include glass windows to allow additional light into the garage. Fences: The ACC must approve all modifications, removal of, or construction of fences. Fences shall be constructed principally of wood and have a style, design and location similar to existing fences. Wood fences may either be painted or finished with solid color stains that preserve the wood and textures. The ACC must approve all color selections. Porches, Decks, Patios and Balconies: ACC must approve porch, deck, patio and balcony modifications, additions and alterations and shall have an appearance consistent with the dwellings. Materials, style and color shall be consistent with existing porches, decks and balconies within the complex. Patios shall be concrete slabs or concrete pavers on grade. Only professionally designed or pre-engineered balcony construction will be considered. Deck and Patio Covers, Sun Screens and Awnings: The ACC must approve the addition of all covers, sunscreens and awnings. Deck and patio covers shall be compatible with the buildings and will be considered on a case-by-case basis. Retractable fabric-type patio awnings shall be of a fabric type and color that is compatible with the building colors. Retractable fabric-type patio awnings shall not be the type to have pole supports. Window awnings are not allowed. Roll up sunscreens for patios, decks and porches shall have fabric colors compatible with, and complimentary to the building colors. Roll-up sunscreens or retractable deck awnings may be power driven or roll-up by hand. Bamboo and bamboo-type roll up shades are not allowed. Sunrooms, Solariums and Gazebos: All such structures must be approved by the ACC and must be of a design that is compatible with the dwelling. Only professionally designed or pre-engineered structures will be considered. Design criteria considered includes location, function, shape, size, material, color, placement and visibility from adjacent properties. Page 4 of 4

5 Free-Standing Tent Structures are allowed only on a temporary basis (7 days maximum) for special events. Decorative Items, Potted Plants, and Foreign Material All Common Area, as well as Limited Common Area that is visible from the street, shall be free of any foreign material and Unit owner items unless given specific written permission from the ACC or Board of Directors. a. Common Area is defined as all of the property except the Living Unit. For the purposes of clarification for this policy, Common Area and visible Limited Common Area includes, but is not limited to, all streets and rolled curbs, all lawn and landscaped areas, driveways and sidewalks. b. Examples of items not allowed in the above described areas include, but are not limited to, yard ornaments, figurines, plastic flowers, lights, windmills, birdbaths, feeders, political signage, more than one real estate for sale sign, etc. c. Only standard and normal window coverings shall be hung permanently in any window visible to the street or neighbors. Unit Owners may not use foil or other unintended window covering material in windows visible from outside the unit for more than 7 days (temporary). d. Exceptions: 1. Potted plants may be placed on the sidewalks, stoops and porches serving one unit. (Must be clear of landscaped area and lawns to accommodate lawn maintenance. Unit owner will be responsible for snow removal on sidewalks with planters and pots present.) 2. Appropriate patio type furniture on stoops and porches serving one unit or those porches and decks in the Clusters that may be accessed from more than one unit. 3. Tasteful hanging potted plants secured with adequate and appropriate hanging hooks. 4. Appropriately installed and maintained balcony and porch rail planters. 5. American flags and tasteful décor flags (1 only) appropriately hung on the building so as to not interfere with any pedestrian traffic. (Free standing flag poles are not allowed) e. No items may be placed on the driveway or streets. These items will obstruct snow removal crews (i.e. potted plants or trees, etc.) f. The HOA Board of Directors and the ACC retains the right to review and reject any item from the Exceptions list that is considered inappropriate, offensive, not maintained to a reasonable standard, installed without concern for the Common area or public safety. Removal will be at homeowner s expense. Unit owners may apply to the Board of Directors to vary from these guidelines. Written permission for variances from the Board or the ACC must be present in the Living Unit files in the office at all times. Poles, Antennas and Satellite Dishes a. Exterior poles and towers for radio, television or HAM antennae are not permitted. b. Free-standing flag poles are not permitted. c. Satellite Dishes. All satellite dishes shall be mounted in a location that is not readily visible from the street. Generally no satellite dishes may be mounted on the front side of any building. Ground installations shall be placed inside unit s fenced area and not be readily visible from outside of that fenced area. Satellite dishes larger than one (1) meter are not permitted. Dish fasteners may not penetrate through roof shingles or vinyl siding. All cables and wiring must be hidden as much as is possible behind rain gutters and / or molding, etc. Any installation that is mounted in a fashion that is not Page 5 of 5

6 approved or does not adhere to these requirements will be removed by the Association at the homeowner s expense. Exterior Lighting: Modification of existing lighting, addition of new lighting and type and placement of exterior lighting devices must be approved by the ACC. The main goal is to restrict glare and annoyance to adjacent unit owners and to maintain appealing appearances and consistency. Air Conditioners: Adding window compressor type air conditioners that extend outside the unit s window are not allowed. Portable type air conditioners that are completely inside the Living Unit do not require ACC approval. If the portable air conditioner is of the type that requires exterior exhaust, the installation of the exhaust mechanism must be approved by the ACC. Basketball Backboards: Basketball backboards are not permitted. DAMAGES The Association reserves the right to assess the homeowner for any damage to Common or Limited Common Area caused by, or resulting from, the installation of the requested project, whether that damage was caused by the homeowner or the homeowner s licensed contractor. PRE-EXISTING IMPROVEMENTS All existing improvements, alterations or modifications to Common and Limited Common Area at the time of the approval of this Policy shall be considered approved and grand-fathered in, even though they may conflict with a standards set forth in this guideline. This approval does not constitute a precedent for future requests. REVISION OF ARCHITECTURAL CONTROL POLICY The Board may, from time to time, amend, modify or revise provisions of the Architectural Control Policy and Guidelines, including the procedures for submitting, reviewing and approval of the ACC. No such amendment, modification, or revision shall be binding upon the owners until notice has been given to the owners by the Board, and no such amendment, modification or revisions shall affect structures or improvements approved prior to the enactment of such amendment, modification or revision. Page 6 of 6