ST. FRANCIS COURT HOMEOWNERS ASSOCIATION ARCHITECTURE IMPROVEMENT APPLICATION Return two completed applications to: Curtis Management Company 5050 Avenida Encinas Suite 160 Carlsbad, CA 92008 Robert Walsh, Property Manager Email, rwalsh@curtismanagement.com Tel. 858-587-9844 Approved 4/19/10 1
Architecture Rules The Articles of Incorporation and the CC&R s for the Association provide that the Architectural control of our Planned Unit Development shall be managed by the Association Board of Directors (Ref. CC&R Article V). In order to ensure the Architectural character of St. Francis Court, it is necessary that improvements of buildings, fences, walls or other structures be compatible with the original architecture as directed by the Board of Directors. Responsibility for review of Architectural Improvement Applications is delegated to the Architectural Committee. Recommendations are then submitted to the Board of Directors for final action. The Association will apply standards and controls to insure continuity in design which will help preserve the appearance of the community and enhance the value of every property. Improvements may affect adjacent Homeowners and they must be notified by means of the Neighbor Awareness form and thereby afforded an opportunity to present their comments to the Board. Improvements to interior structures that affect party walls must be approved by the Board and also approved by the adjoining Homeowner. Improvements outside the boundaries of a Homeowner s lot are not permitted. (See Typical Lot Plan) Modifications may affect the cost of maintenance, which is borne by the Association. Therefore any such additional costs must be assumed by the Homeowner and identified for assumption by any subsequent owner. Improvements to landscaping outside patios or courtyards may require a separate Landscape Improvement Application be submitted to the Management Company. Request for Approval Applications for architectural improvements should be submitted on the attached forms to the Management Company along with the necessary drawings, sketches, specifications, engineering data and other information necessary to evaluate the request. Board Approval Failure to obtain Board approval prior to construction or failure to abide by approved conditions may result in modification or removal of unapproved work at the expense of the Homeowner. Homeowner s Initials 2
Typical Improvements Requiring Board Approval 1) Any exterior structural modification such as, doors, windows, walls, patio covers, BBQ s and roof installations. 2) Exterior equipment, air conditioners, fountains, spa installations, antennas. 3) Interior modification visible from the exterior. 4) Interior modifications that involve common walls. 5) Any modification that will affect the visual or auditory environment. 6) Landscaping improvements are subject to Landscape Committee review and may require a separate Landscape Improvement Application. General Architectural Standards Architectural, mechanical, structural or material modifications visible from the exterior must conform to the materials, colors, character and detailing of the existing buildings. Materials are limited to: White stucco Brown resawn wood White slumpstone block patio walls Clear glass on windows Red brick on walking surfaces or Plan #2 entry columns Clay roof tiles to match existing (U.S. Tile, Newport Blend) Stone veneer is not permitted: on any vertical surfaces (home, patio structures, etc.) Walkway and patio surfaces are limited to: Gray exposed aggregate concrete, with stone or brick accents, and square or diagonal patterned expansion joints Red brick Earth tone embossed concrete Earth tone stone, e.g. flagstone, slate, travertine Earth tone non-slip ceramic tile Standard paint color palate is Frazee Duratec II exterior acrylic flat Oxford Brown #141: wood trim, windows, fascias, garage doors, patio trellises White Shadow #180: stucco, patio walls, atrium walls. Replacement window and sliding glass door frames must be dark brown, narrow stile, to match original dark bronze aluminum. New window frames may be aluminum, fiberglass, or vinyl. Reflective window coatings require Board approval. Homeowner s Initials 3
All mechanical equipment such as air conditioners, spas, and fountains must be groundmounted and placed so as not to produce noise or vibration that intrudes on adjoining residents. Landscaping, paving, and planter beds must not cause soil levels or standing water to be within four inches of wooden structures, foundations, or stucco walls. Satellite dish installations require Board approval. Security bars, security screens, flagpoles, weathervanes, basketball backboards, etc. are not permitted. Patio trellis structures are to be constructed of oxford brown resawn wood, woodgrainembossed vinyl, or wood grain-embossed metal members, with minimum 6 posts, 4 x 8 beams, 2 x 2 lattice members, and 2 x 10 fascia boards. Solar panels are to be U.S. Tile Solé Power Tile series panels that conform to the existing roof tile profile. Location of solar panels is subject to Architectural Committee review for aesthetic evaluation. Atrium roof enclosure at Plan #2 is not permitted. Replacement front doors must be Mediterranean style, consistent with the architectural of SFC. No leaded glass is permitted. Replacement overhead garage doors must be dark brown, 4 panels wide x 4 panels high, windowless, by Amarr or equal, as approved by Board. Architectural Improvement Application Requirements Homeowner is required to obtain written approval from the Association Architectural Committee before any materials are ordered and work begins. Homeowner assumes any financial risk and liability as a result of failure to comply. Provide sufficient details and drawings to evaluate the improvement. Floor plans, exterior elevations, concept details are required. Drawings must be to scale with dimensions, colors and materials. Structures must be within the lot boundaries see typical lot plan. Improvement must be compatible with the existing architectural design in style and materials. Neighbor privacy and view may not be compromised. Neighbor awareness forms must be completed for all Homeowners that might be affected. Submit signed Agreement to Maintain Improvement form. Provide signed form requiring Common Area to be restored to original condition. Homeowner s Initials 4
Provide Contractor s evidence of Workers Compensation Insurance. Allow minimum of 30 days from time of application submittal until Architectural Committee can respond with comments. Approval Consistency Although similar architectural improvements may have been approved in the past, or exist without recorded approval, the Board reserves the right to disapprove a similar architectural request. Typically such disapprovals are the result of prior improvements which caused maintenance problems or otherwise had adverse impact on neighboring units. Construction Drawings Drawings and sketches must clearly define the proposed alterations including engineering, architectural, materials, colors and landscaping features. Complete plans and specifications showing the nature, kind, shape, height and materials, including the color scheme shall be submitted to insure the harmony and consistency of external design, color and location is maintained with the surrounding structures and topography. It is recommended that work involving significant design cost be submitted with a preliminary sketch and description for initial guidance from the Architectural Committee. Common Area Access The application should include a Common Area Access Request if it will be necessary to cross the common area. Board approval is required if construction work requires use of, or passage over, Common areas other than streets and driveways. A major project requiring access over landscaped Common Areas may require a bond and the Homeowner will be responsible for the cost of repairing any damage to the Common Area. Traffic flow and construction materials must not obstruct access of other Homeowners to their garages or residence at any time other than as negotiated directly with the affected Homeowner/s. Fire lanes must be kept open at all times. Schedule The Management Company should be notified when work commences. Work must be completed within ninety (90) days. The Board may extend the construction period if the scope of the project or special circumstances warrants the extension. Extension requests must be submitted in writing. Homeowner s Initials 5
Inspections and Final Approval Progress inspections may be required by the Architecture Committee. When the project is completed the Homeowner should notify the Management Company to schedule a final inspection for conformance to the approved plans. If it is determined that the improvements do not conform to the approved plans the Homeowner may be required to correct the deficiency in accordance with CC&R Par.5.5, Estoppel Certificate. Enforcement As provided in CC&R Par.5.7 the Board has the authority to enforce the Architectural and Design Control provisions of the CC&R s at the expense of the Homeowner. Attachments: DOCUMENT CHECKLIST REQUEST FOR IMPROVEMENT APPROVAL NEIGHBOR AWARENESS ACKNOWLEDGEMENT COMMON AREA ACCESS REQUEST IMPROVEMENT MAINTENANCE AGREEMENT Homeowner s Initials 6
5 ft 5 ft 1 ft St. Francis Court Typical Lot Plan Dimensions are from foundation to lot boundary ( Not to scale ) 1 ft Plan 1 3 ft 3 ft 33 ft 33 ft Plan 2 7 ft Plan 3 Plan 4 20 ft 14 ft 17 ft 23 ft 12 ft 9 ft Homeowner s Initials 7
Architecture Improvement Application DOCUMENT CHECKLIST Homeowner (print): Date: Address: Indicate which items are included in the application: 1) [ ] REQUEST FOR IMPROVEMENT APPROVAL 2) [ ] NEIGHBOR AWARENESS ACKNOWLEDGEMENT 3) [ ] COMMON AREA ACCESS REQUEST 4) [ ] IMPROVEMENT MAINTENANCE AGREEMENT 5) [ ] Sketch / drawing showing location of residence on lot and lot lines 6) [ ] Dimensions of proposed improvement and location relative to lot line 7) [ ] Sketch / drawing showing improvement elevations 8) [ ] Description / samples of materials and colors 9) [ ] Duplicate forms: All submittals must be in duplicate. One executed copy will be retained for Association records. One executed copy will be returned to the Homeowner. 8
Architecture Improvement Application REQUEST FOR IMPROVEMENT APPROVAL Homeowner (print): Date: Address: Telephone: Email: Description: The Architecture Committee will review your request and recommend approval or disapproval to the Board. You may be requested to discuss your request with the Architecture Committee and/or the Board to provide further information and answer questions. Modifications to your plans or restrictions on the improvements will be defined in writing and provided to you. Permits: I/we understand that approval of the requested improvement by the St. Francis Court Homeowners Association Board of Directors does not waive the necessity to obtain governmental (city, county or state) permits. Also obtaining such government permits does not avoid the requirement for approval of the Board of Directors prior to beginning the project. Homeowner: Date: Signature Approved: Date: Director/Board of Directors Signature Disapproved: Date: Director/Board of Directors Signature 9
Architecture Improvement Application NEIGHBOR AWARENESS ACKNOWLEDGEMENT Homeowner (print): Date: Neighbors approval or disapproval is not a condition for Board approval of this improvement. The purpose is to advise neighbors that may be affected by the proposed improvement and afford them the opportunity to express their opinion. The Board will take notice of neighbors support or objection when considering the request. (Continuation sheet attached[ ]) 10
Architecture Improvement Application NEIGHBOR AWARENESS ACKNOWLEDGEMENT (Continuation sheet) 11
Architecture Improvement Application COMMON AREA ACCESS REQUEST Homeowner (print): Address: Many improvement projects require access across Common Area in order to carry on construction in an efficient manner. The Association wishes to cooperate with the Homeowner in making such access convenient. The Homeowner must take precautions in order to assure the Board that the interests of the Association are protected and/or restored to original condition. I/we are responsible for all Common Areas impacted by the work during the architectural improvement and will return the affected areas to their original condition within thirty days of completing the project. I/we agree to provide to the Board evidence of Workman s Compensation Insurance which covers all persons working on the project and using Common Areas. Homeowner s signature: Date: Common Area access requirements for the requested project have been reviewed by the Common Area Committee and: Approved with the following conditions: Approved: Date: Director/Board of Directors Signature 12
Architecture Improvement Application IMPROVEMENT MAINTENANCE AGREEMENT Property: That portion of St. Francis Court referred to in the Declaration of Covenants, Conditions and Restrictions (CC&R s) as (number) (street) in the City of Solana Beach, California. I/we, the Homeowners of said property, hereby agree to the following: 1. To pay for such improvements and hold St. Francis Court Homeowners Association harmless from any mechanics liens associated therewith. Should it become necessary for the Association to pay any lien claimants, such payments may be declared a lien on the particular Lot and payment may be enforced in accordance with the CC&R s. 2. That any maintenance, repair. or changes which may reasonably be required to be effected, may be subject to provisions of the CC&R s, whether required by a government agency or not. 3. That all future maintenance cost for the areas modified, added, or affected as a result of the improvement, otherwise normally borne by the Association, shall henceforth be the responsibility of the Homeowner and his/her successor Homeowner. 4. To indemnify and hold the Association harmless from any charges, damages, actions at law or equity, and increases in property taxes associated with the improvements. Homeowner s signature: Date: 13