Raintree Homeowners Association, Inc. Architectural Rules

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1 Raintree Homeowners Association, Inc. Architectural Rules 2018 The Declaration of the Raintree Homeowners Association, Inc. (HOA) defines the exterior elements that were installed at the inception of the community and who is responsible for the maintenance of each element. In addition, over time other elements have been installed. It is important to remember that the HOA maintains control of and responsibility for the Common Area and landscaping as well as the vast majority of the exterior of the structures within the community. However, it is the Board s desire, through these rules, to provide some clarity as to what is allowed or not allowed; who is responsible for the maintenance of each element; what latitude each Homeowner has in maintaining, replacing, or adding an element; and what selections only require notification to the Board, through its Managing Agent, prior to purchase and installation. Many projects will still require discussions with and approval from the Board. Once a Homeowner notifies the Managing Agent of his or her desire to initiate a project, the Managing Agent will provide direction as to whether the project requires further discussion with the Board. Any changes that are made to the outdoor environment or the exterior of the structures that have not been specifically assigned to the Homeowners without prior Board approval may be considered damages by the HOA. The expense to repair these damages shall be the sole responsibility of the Homeowner who caused the unapproved work to be completed. The following appendices can be found on the HOA website at hoaraintreedenver.wordpress.com: Appendix A - Raintree HOA Building Colors Appendix B - Raintree HOA Architectural Elements Sample Pictures Appendix C - Raintree HOA Approved Plantings List Raintree Homeowners Association, Inc s website can be found at: hoaraintreedenver.wordpress.com

2 The contents of the Architectural Rules are laid out as follows: 1) Elements as Defined in the Declaration and Who is Assigned Responsibility a) HOA i) Common Areas ii) Exterior Paint iii) Roofs iv) Gutters v) Downspouts vi) Exterior Building Surfaces including Balconies vii)trees, Shrubs, Grass, Walks, Landscape, and Other Exterior Improvements viii) Interior Surfaces of the Garages ix) Garage Doors both vehicle and people access doors x) Water Supply and Gas Supply to each unit s perimeter xi) Sanitary Sewer System b) Homeowner i) Screens ii) Screen Doors iii) Exterior Doors iv) Window and Window Fixtures v) Other Hardware Front/Balcony Lights, Doorbells, Garage Door Openers, and Air Conditioner (AC) Compressors vi) Water Supply and Gas Supply within each unit s perimeter vii)sanitary Sewer System viii) Garage Spaces 2) Optional New Elements not Addressed in the Declaration a) HOA i) Utilities Access b) Homeowner i) Patios ii) Grills and Grill Pads iii) Balconies iv) Benches, Chairs, and Other Furniture v) Flower Beds and Herb Gardens vi) Landscape, Shrub, and Tree Changes or Enhancements vii)stoops, Railings, and Access Ramps viii) Flags, Electioneering Signs, and Other Signs ix) Awnings and Other Items Attached to the Structure x) Flower Pots and Other Exterior Personalization Items xi) Satellite Dishes xii)solar Panels and Other Energy Saving Devices xiii) Electric Car Charging Stations and Other Power Requirements in the Garage xiv) Utilities Access Cable, Power, etc 3) Miscellaneous i) Trash ii) Remodeling Requirements 2

3 1) Elements as Defined in the Declaration and Who is Assigned Responsibility a) HOA These elements remain the exclusive responsibility of the HOA. Decisions concerning these items are the responsibility of the HOA Board. Maintenance and repairs will usually be scheduled through the budget process. Homeowners are encouraged to bring specific questions, repair requests, or recommendations to the Board for its consideration. In the event a Homeowner is either indirectly (i.e. through the failure of a hot water heater or plumbing lines that damages the interior surfaces of the garage) or directly responsible for damage to these areas, that Homeowner shall be held responsible for any and all charges that arise from the repair. i) Common Areas ii) Exterior Paint - A table of the Exterior Paint Colors is available in Appendix A as a reference should a Homeowner need to know the exact color. iii) Roofs iv) Gutters v) Downspouts vi) Exterior Building Surfaces including Balconies vii)trees, Shrubs, Grass, Walks, Landscape, and Other Exterior Improvements (1) The HOA shall maintain a standard level of appearance across the entire property with the landscaping, trees, and shrubs while working within the overall budgetary constraints of the HOA. (2) Should a Homeowner wish to change or enhance the landscaping adjacent to his or her residence, the Homeowner is encouraged to do so within the provisions of Section 2.b.vi below. viii) Interior Surfaces of the Garages ix) Garage Doors both vehicle and people access doors x) Water Supply and Gas Supply to each unit s perimeter - HOA shall work with utility companies to facilitate maintaining these utilities. The HOA shall maintain any shared water supply lines within the Raintree property. xi) Sanitary Sewer System - HOA shall maintain any shared (used by more than one residence within the community) sewer line that is on Raintree property. The City and County of Denver shall maintain any shared sewer lines that are located under the public streets that surround the Raintree property. b) Homeowner These elements fall to each Homeowner to maintain, upkeep, and repair/replace to ensure proper operation and visual conformity within the community. i) Screens (1) All operable windows must have intact (i.e. not ripped or missing screening material) screens. ii) Screen Doors (1) All Exterior Entry Doors shall have a screen, storm, or security door. For those residences without a screen, storm or security door, a door that meets these rules must be installed by May 31, (2) Screen, storm, or security doors shall be almond or the manufacturer s standard color closest to the building trim. Existing screen, storm or security doors that are not almond in color may remain until such time as they need to be replaced. At that time, the replacement must meet this color requirement. (3) Screen, storm, or security doors shall be kept in working order, namely so as to close when released, with the glass and/or screen panels intact. 3

4 (4) Screen, storm, or security doors that look like the examples in Appendix B and are either the full-lite version of a metal security door design or a ½, ¾, or full-lite version of the metal storm door design may be installed without any further approval process and only after notifying the HOA Board through its Managing Agent of the pending installation. (5) Any other style or color of screen, storm, or security door requires prior written approval from the HOA Board through its Managing Agent prior to its purchase and installation. (6) If a Balcony Door has a screen insert, it must be in working order with intact screening. (7) Pet doors are not permitted in any Screen, Storm, or Security Door since pets are required to be on leash and under the Homeowner s control when outdoors. iii) Exterior Doors (1) Exterior Doors include the entire door assembly - Brick Mold, Door Jamb, Door Hardware, Threshold, and the Exterior Door itself. (2) Exterior Entry Doors and the paintable components of the door assembly shall be painted almond or the manufacturer s standard color closest to the building trim. As Exterior Entry Doors and the door assembly needs to be repainted, they shall be repainted in the building trim color (see Appendix A for exact color). (3) Any existing Exterior Entry Door that is not almond, white, or the building trim color (see Appendix A for exact color) must be repainted to the building trim color on or before May 31, Any Exterior Entry Door that is a solid color of almond or white is grandfathered until such time as it needs to be repainted. At that time it must be repainted in the building trim color as detailed in item 1.b.iii.2 above. (4) As Exterior Entry Doors need to be replaced, Exterior Entry Doors shall be of a 4 or 6 raised panel design, exterior rated, and of fiberglass or metal construction. Fan-style or semi-circular windows are permitted as long as windows are limited to the upper quadrant of the door. The glass in the windows shall be clear or a consistent clear/white opaque glass. Leaded and/or stained glass windows are not permitted. (5) 2 Story Exterior Doors also have a side light. As these side lights need to be replaced, they may either be replaced by installing new glass inserts in the existing frame or replacing with a sidelight that matches the front door with a ½ to full view sidelight. The glass in the sidelight shall be clear or a consistent clear/white opaque glass. Leaded windows, stained glass windows or patterned window films are not permitted. Sidelights shall be considered a window and governed by the requirements for window coverings and tempered glass (see sections 1.b.vi.2,6). (6) Exterior Entry Doors and Sidelights that look like the examples in Appendix B may be installed without any further approval process and only after notifying the HOA Board through its Managing Agent of the pending installation. (7) The removal of a Sidelight must receive prior written approval of the HOA Board through its Managing Agent so as to ensure compatibility with the building s siding. (8) Any other style of Exterior Entry Door or Sidelight must receive prior written approval from the HOA Board through its Managing Agent prior to its purchase and installation. (9) Pet doors are not permitted in any Exterior Door or Exterior Wall since pets are required to be on leash and under the Homeowner s control when outdoors. (10) Penthouse units originally had a sliding Balcony Door. As these Balcony Doors need to be replaced, Balcony Doors may be replaced with either a similar sliding 4

5 door or an inswing french door style arrangement. Glass in both halves of the door units shall be one solid window to retain a visual appearance similar to that of the original sliding door. (11) Replacement Balcony Doors shall be white so as to coordinate with the white replacement windows. (12) Balcony Doors that look like the examples in Appendix B may be installed without any further approval process and only after notifying the HOA Board through its Managing Agent of the pending installation.. (13) Any other style of Balcony Door must receive prior written approval from the HOA Board through its Managing Agent prior to its purchase and installation. (14) Pet doors are not permitted in any Balcony Door or Balcony Wall since pets are not allowed to be left unattended on balconies. (15) 2 Story and Penthouse units have Direct Access Garage Doors. These doors shall be painted white or the same color as the building trim (see Appendix A for exact color). (16) As Direct Access Garage Doors need to be replaced, Direct Access Garage Doors shall be of solid wood (minimum of 1 ⅜ thickness) or a raised 4 or 6 panel fiberglass or metal construction with a minimum of a 20 minute fire rating so as to comply with the City and County of Denver s fire and building codes. Windows shall not be permitted in Direct Access Garage Doors. iv) Window and Window Fixtures (1) As windows need to be replaced, windows shall be of the same style and size as the original window. Replacement window frames shall be white on the exterior. Decorative Grids on the full size, double-hung windows on the ranch and 2 story models are optional. (a) Decorative Grids, if selected, must be contained within the double pane of glass and be of a 9 over 6 or 6 over 6 design. (b) Decorative Grids, if selected, shall be on all of the full size, double hung windows within a residence. (c) Decorative Grids, either on new windows or existing windows, shall be maintained, repaired or removed if a repair is not possible. If grids are removed from one window in a residence, they shall be removed from all windows in a residence. (2) Tempered glass is required by the City and County of Denver building code in all full size windows that meet all of the following conditions: (a) Bottom edge of window in less than 18 above floor (b) Top edge of window is greater than 36 above floor (c) Total area of the glass is at least 9 sq feet (1296 sq inches) (d) One or more walking surfaces is/are within 36 of window (3) Replacement Windows that look like the examples in Appendix B may be installed without any further approval process and only after notifying the HOA Board through its Managing Agent on the pending installation. (4) Any other style or color of Replacement Windows or the addition of any Window, Door, Vent, or other Exterior Wall Protrusion must receive prior written approval from the HOA Board through its Managing Agent prior to its purchase and installation. (5) Any repair needed to the building s exterior caused by damage during the replacement window installation process shall be solely at the Homeowner s expense. 5

6 (6) In-window air conditioners shall not be permitted. Free-standing AC units that are used within a residence and that vent to the exterior through only a vent hose that is secured in a window are permitted. (7) All residents -Homeowners and tenants alike - shall, within 30 days of occupancy, assure that curtains, drapes, shades, or blinds are installed on windows with a solid neutral color (white, off-white, tan, or beige) displaying to the outside. Window coverings such as sheets, paper, towels, flags, banners, foil, and decorative window films are inappropriate and are not permitted. v) Other Hardware Front/Balcony Lights, Doorbells, Garage Door Openers, and Air Conditioner (AC) Compressors & Supply Lines (1) Exterior Light Fixtures must be fully operational, complete, and UL approved for an exterior/wet location. This includes ensuring the bulbs are properly protected and are not directly exposed to the elements. For those residences that do not meet this standard, a complete and proper functioning light fixture must be installed by May 31, (2) Exterior Light Fixtures that look like the examples in Appendix B may be installed without any further approval process and only after notifying the HOA Board through its Managing Agent of the pending installation. (3) Motion sensor flood or spot lights are discouraged because all Homeowners are encouraged to leave their exterior lights on from dusk until dawn and many Front Light Fixtures are very close to another residence s bedroom window. (4) Any other style of Exterior Light Fixture must receive prior written approval from the HOA Board through its Managing Agent prior to its purchase and installation. (5) Doorbells are the sole responsibility of the Homeowner. Doorbells shall either have internal wiring or remote control operation. Exterior wiring of a doorbell is not permitted. Doorbells shall only be permitted at the front entry door. (6) Garage Door Openers, Controllers, and Garage Interior Light Bulbs are the shared responsibility of the two Homeowners that share the garage stall. (7) AC Compressors and supply lines are the sole responsibility of the Homeowner. Should a residence not have an AC Compressor and the Homeowner wishes to install one, it shall be placed in the location that is customary throughout the community for that style of residence. The goal is maintain some conformity and allow for ease of access to the necessary utilities. In addition, Homeowners are responsible for their own air conditioning coolant and condensate lines. Any damage caused by the installation, operation, maintenance or failure of these lines shall be the sole responsibility of the Homeowner to repair. Should one Homeowner s lines run through the crawl space of a second Homeowner s residence, the first Homeowner is responsible for maintaining these lines unless the damage was directly caused by the second Homeowner. Only in this case is the second Homeowner responsible to repair the damage. vi) Water Supply and Gas Supply (1) The Homeowner is responsible for his or her water supply line from where it branches off the shared supply line into a line that serves only the Homeowner s residence. (2) The Homeowner is responsible for his or her gas supply from where it branches off the shared supply line into a line that serves only the Homeowner s residence. Generally the gas company maintains the line on the outside of the meter and the Homeowner maintains the lines on the inside of the meter. 6

7 (3) The Homeowner is solely responsible for any utility within the perimeter of its residence. (4) Should a water supply line develop a leak and it is on the portion of the line that serves only the Homeowner s residence, the Homeowner must coordinate the repair through the Managing Agent using the following procedure: (a) and/or call the Managing Agent to begin the repair process. (b) The Managing Agent will schedule the repair with the HOA s preferred vendors. (c) The water line repair will be completed. Whatever concrete, asphalt, and/or landscaping repair that is necessary due to the water line repair will also be completed. (d) The HOA will ensure that the work is done and that the invoices are paid. (e) The HOA will bill the Homeowner, without any additional markup, for the total cost of the repair work. (f) This bill shall be added to the Homeowner s HOA assessment account and shall be due along with the next month s assessment. vii)sanitary Sewer System (1) The Homeowner is responsible for the sanitary sewer system from its origination within the residence until that dedicated line joins to another line or main that services more than one residence. (2) The Homeowner is responsible for clearing any blockage from that residence s dedicated line. (3) Should the line need more extensive and invasive repair than a roto-router or jet type service which can be completed from within a residence, the Homeowner must coordinate the repair through the Managing Agent using the following procedure: (a) and/or call the Managing Agent to begin the repair process. (b) The Managing Agent will schedule the repair with the HOA s preferred vendors. (c) The plumbing repair will be completed. Whatever concrete, asphalt, and/or landscaping repair that is necessary due to the plumbing repair work will also be completed. (d) The HOA will ensure that the work is done and that the invoices are paid. (e) The HOA will bill the Homeowner, without any additional markup, for the total cost of the repair work. (f) This bill shall be added to the Homeowner s HOA assessment account and shall be due along with the next month s assessment. (4) Penthouse residences have sewer clean outs in the line that drops from their residence down into the garage. These clean outs shall not be blocked by another Homeowner or Tenant in such a way as to prevent access to the clean out (i.e. the clean out cannot be enclosed within a locked cabinet or be blocked by something that is too heavy for one person to easily move). viii) Garage Spaces (1) The parking space in the garage is to be used solely for vehicle parking. A vehicle is defined as a properly licensed and operational car, truck, motorcycle, and/or trailer. In addition, the vehicle cannot be so large as to obstruct a pathway around the vehicle or impact the operation of the garage door. (2) Peripheral storage is permitted as long as it does not: (a) Impede the ability to park a vehicle, (b) Restrict the ability to open the passenger doors on a vehicle, (c) Force one vehicle onto or over the middle line of a garage stall, 7

8 (d) Preclude safe egress through the people access door. Safe egress space is defined as the first six (6) feet of the garage in front of the people access door. (e) Prevent or restrict access to any sewer cleanout. (f) Or obstruct a pathway into those residences with a direct access garage door. (3) Peripheral storage systems such as tall shelving systems, cabinets, bicycle hooks, utility hooks, eye bolts, etc must be securely mounted to the studs in the walls and/or ceiling so as to prevent items from falling or tipping over. (4) Care must be taken when stacking boxes, tires, or irregularly shaped items since these items are easily tipped over or can shift over time. (5) No food of any kind (people or pet) shall be stored in the garage since this attracts rodents. 2) Optional New Elements not Addressed in the Declaration a) HOA i) Utilities Access (1) HOA shall be responsible for coordinating any future work with utility companies as replacement, enhancement, and/or addition of services becomes necessary. (2) The sole exception to this is in regards to cable services. Homeowners may arrange directly with the cable provider to install a service line from the service provider s pylon to the perimeter wall of Homeowner s residence (see section 2.b.xiii.1). b) Homeowner i) Patios Homeowners may install a patio at the Homeowner s expense and only with the HOA Board s prior written approval through its Managing Agent. In order to gain the HOA Board s approval, written plans and drawings must be submitted that address the following points: (1) Patio shall only be installed outside that Homeowner s residence and adjacent to that residence s perimeter wall so as to not directly impact an adjoining residence (a) Ranch-style residences may install a patio on either side of its front door and stoop (b) Two Story residences may install a patio along that residence s perimeter wall outside its own windows as it leads back towards the garage (c) Penthouse residences may install a patio along that residence s perimeter wall from its stoop back towards the garage (d) See Appendix D for a visual representation of permitted locations (2) Patios shall not exceed thirteen (13) feet in length or eight (8) feet in depth. Patios may be smaller than this maximum. (3) Areas where the sidewalk is closer to the residence and preclude a full eight (8) feet in depth, the patio is limited in depth to abutting against the sidewalk with a zero height edge to the sidewalk. (4) Homeowner shall engage a locator service prior to installing a patio so as to know where buried utilities are located. Any damage caused to buried utilities during the installation of the patio shall be repaired solely at Homeowner s expense. (5) Patio shall be constructed of a paver system that is installed in the properly excavated location on a minimum of a four (4) inches compacted road base and one (1) inch sand bed. Pavers shall be locked in place with a properly anchored edging material. (6) Pavers shall be of a neutral earth tone (brown, grey, khaki brown, and/or terracotta red) and complementary in color to the brick, stone, or siding on the wall adjacent to the patio. 8

9 (7) Any irrigation that must be rerouted due to the patio installation shall be at the Homeowner s expense and responsibility. Any irrigation lines must be rerouted so as to not remain under the finished patio. (8) Patio shall be installed so as to have a zero height edge where it meets any turf to facilitate grass-mowing operations. (9) Patio shall be constructed to ensure proper water drainage away from the structure. (10) Patio shall not be constructed in a location such that a downspout drains onto the patio. (11) Homeowner should give serious thought when considering installing a patio over an easement that exists for a gas line, electrical service, or cable line since the Homeowner assumes the full responsibility to restore the patio should the utility company need to access its easement in the future. (12) Any trees and/or shrubs that are removed to create the patio shall be replaced with items from an HOA approved list of trees and shrubs at the Homeowner s expense so as to replace the trees and/or shrubs and visually integrate the patio into the landscape. (13) Any turf or rock beds that are damaged or altered by the installation of the patio shall be returned to pre-existing or better condition as part of the patio installation through the addition of sod or reshaping the rock beds through the use of weed block fabric, rock bed edging and additional river rock. Homeowner is responsible for maintaining sufficient water on any fresh sod until it can get established. (14) Debris from the patio installation shall not be placed in the HOA dumpsters. All debris must be removed from the property. (15) A patio installation must be completed within four (4) days from the start of work. This is meant to minimize the disruption of the outdoor space for other residents. (16) Any furniture that is on the patio shall be designed for exterior use and be of sufficient weight and durability to withstand exterior conditions. Furniture shall only be placed on the patio. Furniture shall not overhang the patio so as to interfere with grass-mowing operations or impede sidewalk access. (17) Shade umbrellas shall not be left open and unattended. (18) Recreational items, children s toys, bicycles, and other Personal Items shall not be stored on a patio. (19) Any other style of patio (i.e. construction materials, construction methods, location, larger size, or aspects not addressed in these rules) must be presented to the HOA Board, through the Managing Agent, for a more detailed review and approval prior to installation. A paver-style patio is highly preferred since this style of patio can be removed in the future with relative ease unlike a poured concrete or anchored deck design. (20) Homeowner shall sign an Installation Agreement with the HOA whereby the Homeowner and any future Homeowner assumes the sole responsibility to maintain the patio in a safe and visually appealing condition in perpetuity or until such time as the area is restored to its original condition. (21) Should the HOA Board determine the patio is not being properly maintained, the HOA Board shall notify the Homeowner in writing of the condition. This notice shall serve as the Homeowner s warning as per the HOA s Enforcement of Covenants and Rules Policy. The Homeowner shall have a maximum of thirty (30) days to address the situation. 9

10 (22) Should the situation remain in an unsatisfactory condition after the thirty (30) day period, the HOA Board shall have the ability to assess fines to the offending Homeowner as per the HOA s Enforcement of Covenants and Rules Policy. (23) Should the situation remain in an unsatisfactory condition after the thirty (30) day period the HOA Board, at its sole discretion, may choose to rescind the Installation Agreement and have the patio removed and the area restored to its original condition. The Homeowner shall be responsible for whatever charges arise in restoring the area. ii) Grills and Grill Pads (1) Penthouse residences are prohibited by the City and County of Denver fire code from having grills that use a propane cylinder larger than a one (1) pound cylinder on the balcony. Use of a larger grill on a balcony may result in a fine and/or being reported to the authorities. However, Penthouse residence Homeowners are encouraged to consider a patio (see section 2.b.i) or grill pad (see section 2.b.ii.5) if they desire having a full-sized grill at their front entry door. (2) Grills are allowed outside as long as they are not stored on the turf areas. Homeowners are encouraged to consider a patio (see section 2.b.i) or grill pad (see section 2.b.ii.5) when using and storing a grill outdoors year-round. (3) Grills shall not be used within two (2) feet of a wall with siding or within one (1) foot from a brick or stone wall. Grills may be stored closer than this but must be pulled out to use. Any damage to the structure caused by the use of a grill shall be the responsibility of the Homeowner. (4) Grills shall be used and stored solely along the perimeter wall of the grill owner s residence. Grills can easily damage siding or a window and smoke can easily infiltrate a window; therefore, this risk must be limited to the grill owner s residence. See Appendix D for a visually representation of permitted locations. (5) Paver-style Grill Pads are highly encouraged when grills are stored and used in a rock bed. (a) Paver-style Grill Pads shall be defined as a pad of no more than a rectangle of two (2) by three (3) tightly abutting sixteen (16) inches square terracotta red or gray pavers for a total of ten and two thirds (10.67) square feet. Anything larger than this size must conform to the patio requirements listed above (see section 2.b.i). (b) Pavers may be installed within a rock bed in a level manner so as to provide secure footing for a grill. iii) Balconies (1) Homeowners may install screening around the interior of a balcony provided the screening meets the following conditions: (a) Screening material is an exterior-rated fabric and is a solid tan or khaki brown color toward the outside (what is visible from the driveway through the spindles). Additional screening material (i.e. more decorative fabric or wire mesh) may be placed inside as long as only the solid tan or khaki brown screening is visible from the outside (b) Screening shall completely wrap the three sides of the balcony from the railing at the top to within at least three (3) inches from the deck surface (c) Screening shall be securely attached to the inside edge of the railing and spindles so as to not be impacted by the wind and elements 10

11 (d) Screening shall not extend higher than the balcony railing (2) Any furniture that is on the balcony shall be designed for exterior use and be of sufficient weight and durability to withstand exterior conditions. (3) Shade umbrellas shall not be left open and unattended. (4) Recreational items, children s toys, bicycles, pet structures, and other personal items shall not be stored on a balcony unless screening material (see section 2.b.iii.1) prevents these items from being visible from any location on the ground or from another residence. (5) Pots, planters, and other items may only be mounted to the railing so as to hang on the inside of the balcony or securely sit on top of the railing. Items that hang over the outside of the railing are not permitted since there is a risk of these items falling onto any car that is parked below. iv) Benches, Chairs, Other Furniture, and Recreational Items (1) Any furniture that is used and remains in the landscape shall be rated for exterior use and be of sufficient weight and durability to withstand exterior conditions. Indoor household furniture, if not in use, shall not remain in the outdoors. (2) Recreational Items, lawn furniture, children s toys, bicycles, and other personal items shall be stored away from the landscape when not in use. (3) Outdoor rated furniture may remain in the landscape as long as it is located totally within the rock bed or patio (see section 2.b.i) along the owner s perimeter wall and is ready for use (i.e. not in storage by being in a stack, covered in a tarp and/or leaning against a perimeter wall). Outdoor rated furniture shall not remain on the turf, sidewalks, or driveways when not in use. v) Flower Beds and Herb Gardens (1) Flower beds and herb gardens may be installed by Homeowners within the existing contours of the rock beds along that Homeowner s perimeter wall. See Appendix D for a visual representation of permitted locations. (2) Flower beds and herb gardens shall be maintained by the Homeowner. Maintenance shall include installation of plant material each growing season, care (to include weeding) and watering of plant materials during the growing season, removal of planting material (annuals) or dried growth (perennials) at end of the growing season, and covering any bare dirt with brown mulch. (3) Vegetables and fruits shall only be grown in pots or containers that are sitting within the rock beds. Pots or containers for growing vegetables and fruits shall not be placed on sidewalks or turf areas. Pots or containers for growing vegetables and fruits shall be of a decorative exterior quality. Liners may be used as long as they are placed inside a decorative pot or container. There is a maximum of 6 pots and/or containers per residence, whether the pots and/or containers are used for flowers, fruits and/or vegetables. Plantings, pots, and containers shall be properly maintained year-round. (4) The irrigation system shall not be modified to install a flower bed or herb garden. Should the existing irrigation system not provide sufficient coverage to maintain the plant material, Homeowner shall be responsible for hand watering the bed. (5) No turf is to be removed to install a flower bed or herb garden without prior review and approval from the HOA Board through its Managing Agent. (6) Homeowner shall sign an Installation Agreement with the HOA whereby Homeowner and any future Homeowner assumes the sole responsibility to maintain the flower bed or herb garden in a safe and visually appealing condition in perpetuity or until such time as the area is returned to its original condition. 11

12 (7) Should the HOA Board determine the flower bed or herb garden is not being properly maintained, the HOA Board shall notify the Homeowner in writing of the condition. The Homeowner shall have ten (10) days to address the situation. (8) Should the situation remain in an unsatisfactory condition after the ten (10) day period, the HOA Board shall have the ability to assess fines to the Homeowner as per the HOA s Enforcement of Covenants and Rules Policy. (9) Should the situation remain in an unsatisfactory condition after the ten (10) day period, the HOA Board, at its sole discretion, may rescind the Installation Agreement and have the flower bed or herb garden restored to its original condition as a rock bed. The Homeowner shall be responsible for whatever charges arise in restoring the area. vi) Landscape, Shrub or Tree Changes or Enhancements - Homeowners may make landscape, shrub, or tree changes or enhancements at the Homeowner s expense and only with the HOA Board s prior written approval through its Managing Agent. (1) In order to gain the HOA Board s approval, written plans must be submitted that address the following points: (a) The changes or enhancements are in either an area immediately adjacent to the Homeowner s residence or, if in an area removed from the Homeowner s residence, are approved by the HOA Board as beneficial to the entire property. (b) The planting materials are either: (i) Selected from a pre-approved list of plants (see Appendix C once drafted) for the area in question. (ii) If the Homeowner wishes to plant something that is not on the pre-approved list, the planting material is approved by the HOA Board. (iii) If the pre-approved list has yet to be drafted, the planting material is approved by the HOA Board. (c) Any irrigation changes that are necessary to install the new planting material shall be the sole responsibility of the Homeowner. (2) Once approved by the HOA Board and installed by the Homeowner, the planting material shall become the responsibility of the HOA to maintain in a manner similar to all the other landscaping on the property. (3) Should a Homeowner desire a higher level of weed control than that which is provided by the HOA, the Homeowner assumes all responsibility in using the correct weed control product for the application (i.e. total vegetation killer Round Up type product versus broadleaf killer for turf areas Weed Be Gone type product). vii)stoops, Railings, and Access Ramps (1) Homeowners may paint their entry stoop using a two part epoxy outdoor-rated gray paint. Homeowners may elect to add a grit to the paint to help with traction. However, once installed, the paint must be properly maintained. If the paint is to be removed, the Homeowner is responsible for restoring the concrete to a bare concrete surface that is free of paint residue. (2) In the past, carpet has been allowed to be installed on stoops. This in no longer permitted. As any existing carpet becomes frayed, torn, or worn out, the carpet is to be removed and the stoop either painted as above or restored to a bare concrete surface that is free of any adhesive residue. (3) Railings and Access Ramps may be installed at the Homeowner s expense. All Railings and Access Ramps must comply with the applicable Denver building codes for design, slope, and construction technique. 12

13 (4) Homeowners are encouraged to inspect the concrete stoop prior to installation of a Railing since repair of this stoop becomes difficult after a Railing is installed. Should the stoop need repair, the Homeowner may petition the HOA Board to consider addressing the situation. This ability to petition the HOA Board shall in no way require the HOA Board to expend HOA funds except as normally budgeted in regards to the maintenance and replacement of the stoops in its customary manner of maintaining all the structures. (5) In regards to future stoop repair or replacement with HOA funds, the Homeowner shall bear any and all additional costs to remove and reinstall the Railing. (6) Railings shall be black and properly maintained so as to remain rust-free, completely painted, intact, and securely mounted. (7) Access Ramps shall be painted the building trim color (see Appendix A) and maintained so as to be safe, stable, and visually appealing. (8) Railings that look like the examples in Appendix B may be installed without any further approval process and only after notifying the HOA Board through its Managing Agent of the pending installation. (9) Any other style of Railings and all Access Ramps must receive prior written approval from the HOA Board through its Managing Agent prior to its purchase and installation. (10) Homeowner shall sign an Installation Agreement with the HOA whereby Homeowner and any future Homeowner assumes the sole responsibility to maintain the Railing and/or Access Ramp in a safe and visually appealing condition in perpetuity or until such time as the area is restored to its original condition. viii) Flags, Electioneering Signs, and Other Signs (1) Flagpoles and brackets may be attached to the outside of the structure on the building trim at the front door, alongside a window or next to the penthouse balcony door. These flagpoles shall not be mounted in such a way as to interfere with the use of any sidewalk or stoop. Brackets for the flagpole must be secure and able to safely support the flagpole in the exterior conditions. (2) Flagpoles of eight (8) feet or less in height may be mounted on a balcony using a plate that is securely attached to the deck surface. Brackets, plates, and/or supports for the flagpole must be secure and able to safely support the flagpole in the exterior conditions. (3) Free standing flagpoles in the Common Area or landscape are not permitted. (4) American and State of Colorado flags may be displayed as long as the display complies with the Federal Flag Code. No other flags are permitted. (5) Service flags or banners that bear a star signifying the resident s or a member of the resident s immediate family s service may be displayed in the window or door of the residence. (6) Electioneering signs in support of or opposition to a candidate, ballot initiative, political issue, or political party, which meet the following parameters, are permitted: (a) Signs shall be no larger than three (3) feet by four (4) feet. (b) Signs shall be posted no more than forty-five (45) days before the election and shall be removed within seven (7) days following the election. (c) Signs shall be placed in a window, door or within the rockbed of that residence s perimeter wall. Signs shall not be permitted at the community s entrance, along the tree lawn on the community s perimeter or in other parts of the landscape. 13

14 (d) Signs are limited to one (1) sign in support of or in opposition to any specific candidate, ballot initiative, political issue, and/or political party that is being contested in the forthcoming election. (7) For Sale or For Rent signs, which meet the following parameters, are permitted: (a) Signs shall not be larger than five (5) square feet. (b) For Sale or For Lease signs shall only be posted while the residence is actively available for sale or lease. Once the sale has closed or the lease has been fully-executed, the sign shall be removed. (c) For Sale Signs shall only be displayed on the door or windows of the residence or placed adjacent to the residence within the boundaries of that residence s lot. (d) For Sale Signs that use a post larger that a 1 angle iron shall be subject to a $100 lawn repair fee. This fee shall be charged to the HOA Status Letter for the transfer of ownership. (e) For Lease Signs shall only be displayed on the door or windows of the residence. (f) Open House Signs may only be displayed during the hours of the Open House and either in the door or window of the residence or placed adjacent to the residence within the boundaries of that residence's lot (g) Signs shall not be permitted at the community s entrance, along the tree lawn on the community s perimeter or in other parts of the landscape. ix) Awnings and Other Items Attached to the Structure (1) Awnings that are attached to the structure shall not be permitted. (2) Shutters, Exterior Security Bars, and other exterior window adornment that are attached to the structure shall not be permitted. (3) New Security Bars may be installed only if the bars are mounted on the inside of the windows, are painted white and meet the City and County of Denver s Fire Code for egress capacity. (4) Security cameras and equipment that are mounted to the outside of the structure must receive prior approval from the HOA Board through its Managing Agent prior to their purchase and installation. In order for the HOA Board to consider approval, Homeowner shall be prepared to explain how the installation minimizes damage to the structure and how the wiring will be concealed so as to be as inconspicuous as possible. (5) Flower boxes, flower baskets, sun dials, thermometers, birdhouses, feeding stations, hose reels, and other decorations shall not be attached to the structure. (6) Windchimes, whether freestanding or attached to the structure, shall not be permitted. This is due to the close nature of the residences within our community. (7) When any grandfathered or other approved items that have been attached to the structure are removed, either intentionally or through wind or weather related damage, the Homeowner shall have the sole responsibility of repairing the holes and/or damage in the siding, trim and/or fascia. (8) Address Numerals shall be of a surface mount design consistent with the other residences and are limited to one side of the trim at the Exterior Entry Door. The exact match to the existing numerals is no longer available. The closest match is the 4 Hillman Sign Center black aluminum numbers. These are available at Home Depot, Lowe s, and multiple online sources. x) Flower Pots and Other Exterior Personalization Items (1) Flower Pots or containers may be maintained on a Homeowner s stoop, within the rock bed, or on an optional patio (see section 2.b.i). Pots or containers must be of a 14

15 decorative exterior quality. Liners may be used as long as they are placed inside a decorative pot or container. There is a maximum of six (6) pots and/or containers per residence, whether the pots and/or containers are used for flowers, fruits and/or vegetables. Plantings, pots, and containers must be properly maintained year-round. (2) Windchimes, whether freestanding or attached to the structure, shall not be permitted. This is due to the close nature of the residences within our community. (3) Free standing items such as a bench, garden decorations, or solar lights may be displayed outside of a residence as long as the item(s) is/are within the rock bed, stoop, or optional patio (see section 2.b.i) and does not interfere with grass-mowing operations. (4) Any personalization beyond flower pots, easily removable solar lights and/or garden decorations requires that the homeowner sign an Installation Agreement with the HOA whereby Homeowner and any future Homeowner assumes the sole responsibility to maintain the Exterior Personalization in a safe and visually appealing condition or until such time as the area is restored to its original condition. xi) Satellite Dishes (1) The HOA Board through the Managing Agent shall be notified prior to the installation of any Satellite Dish (2) Satellite Dishes shall be installed on the roof. Satellite dishes shall never be installed on the siding, fascia, eaves, or landscape. (3) Homeowners shall mount the satellite dish only on their own roof unless a signal cannot be obtained from the Homeowner s roof. (4) Should a signal not be obtainable from a specific unit s roof, that Homeowner shall get a letter to this effect from the satellite service company. He/She may then approach his or her neighbor within the same building to seek permission to place a satellite on that Homeowner s roof. In this case, the satellite shall be placed in such a way so as to minimize or eliminate the view of the satellite from the front sidewalk and stoop of the impacted residence. (5) Any leaks or wind damage that arise from the installation of a satellite dish shall be the responsibility of the Homeowner or subsequent Homeowner to the Homeowner who initially received service from the satellite. (6) Homeowners shall remove any inactive and/or obsolete satellite dish and its associated wiring. (7) Should the HOA need to replace or repair a roof as part of its responsibilities, the Homeowner shall be solely responsible for removing prior to commencement of and reinstalling the satellite at the completion of the work so as to allow the work to proceed in a timely manner. xii)solar Panels and Other Energy Saving Devices (1) The HOA Board through the Managing Agent shall be notified in writing of and must provide approval in writing of the planned work prior to pulling any permits or commencing any installation. The notification to the Board shall include documentation of the full scope of the project. (2) Proper permits from the City and County of Denver must be obtained before any work is begun. Copies of the permits shall be submitted to the Managing Agent. (3) The Homeowner shall be responsible for any and all costs associated with the planning, design, installation, maintenance, repair, and/or removal of the 15

16 installation. Costs may include a roof certification as required by the solar panel installation or project design company. (4) Should the roof fail to obtain the necessary certification, the Homeowner may petition the HOA Board to consider addressing the situation. This ability to petition the HOA Board shall in no way require the HOA Board to expend HOA funds except as normally budgeted in regards to the maintenance and replacement of the roofs in its customary manner of maintaining all the structures. (5) In regards to future roof replacement with HOA funds, the Homeowner shall bear any and all additional costs to replace said roof due to the Solar Panel installation. (6) A three (3) foot setback, per the 2012 International Fire Code, is required on any rooftop installation. (7) The installation shall only be on that section of roof over the Homeowner s residence. (8) Homeowner shall sign an Installation Agreement with the HOA whereby Homeowner and any future Homeowner assume the sole responsibility to maintain the Solar Panels in a safe and properly functioning condition in perpetuity. Should the panels become obsolete or inoperable, the panels shall be removed and the roof restored to its original configuration at the Homeowner s expense. (9) Other Energy Savings Devices (i.e. retractable clothes lines, retractable awnings, passive solar wall systems, or exterior solar shades) are prohibited since these items would require attachment to or alteration of exterior structure and/or use of the Common Area. xiii) Electric Car Charging Stations and Other Power Requirements in the Garage (1) The HOA Board through the Managing Agent shall be notified prior to the installation of any enhanced electrical service or Car Charging Station. This notification shall include the details of the installation. (2) Electric Car Charging shall only be done in the Homeowner s garage stall with specialty equipment designed specifically for this purpose (i.e. no extension cords). (3) Homeowner is responsible for any costs associated with installing and maintaining a Car Charging Station in his/her garage space or of installing any enhanced electrical service. (4) Car Charging Stations and any enhanced electrical service shall only be installed by a properly licensed and insured electrician. (5) Car Charging Stations, enhanced electrical service, and/or any other Homeowner garage power requirements must run through the Homeowner s meter. Should the installation necessitate a larger electrical feed to the meter, the additional surface mount conduit, if any, shall be installed in such a way as to minimize the disruption to any other resident s space in the garage. Any new equipment such as an additional breaker box, disconnect, charging equipment, power outlets, etc. shall be located within the Homeowner s allotted space in the garage. (6) The repair and/or repainting of any interior garage surface required by this installation shall be at the Homeowner s expense. xiv) Utilities Access Cable, Power, etc (1) Telecommunication/Cable (a) Homeowners are highly encouraged when remodeling a residence to incorporate a demarcation box and internal wiring of coax and communication cables so as to minimize or eliminate the need for excessive cabling on the exterior of the structure. 16

17 (b) The HOA Board through the Managing Agent shall be notified prior to the installation of any telecommunication wiring on the exterior, including any trenches, holes, or landscape removal. (c) The installation of wires shall be in an inconspicuous manner (hidden and out of sight) so as to not attract attention. When possible wires should run along or under edges, behind downspouts, over door frames, and horizontally/vertically. Wires must not wrap around the building, run on the ground, cross the exterior of another unit in the same building, or drape over the roof. Old, paint coated and unsightly wires should either be replaced with new, clean wire or stripped of old paint and cleanly repainted. The HOA will supply paint colors (see Appendix A) and the Homeowner must paint the wires to match the background the wire is attached to. This may require multiple colors of paint on a single run of wire. (d) Upon installation of new wires, the Homeowner shall remove old, existing wires of the same purpose that are no longer in use. (e) Any leaks or wind damage that arise from the installation of a telecommunication or cable wire shall be the sole responsibility of the Homeowner or subsequent Homeowner to the Homeowner who initially received service. (f) If a residence doesn t currently have an access point on it s exterior wall, (i) any new installations are required to run a conduit from the service provider s access point, underground, to the adjacent exterior wall of the property. (ii) the Homeowner is responsible for the planning and installation. (iii) any conduit/wire from the telecommunication provider's incoming location to property location must be placed underground. (iv) any landscape, concrete, rocks, shrubs, trees, grass, edging, dividers, or structure damaged or removed must be fixed and/or replaced by Homeowner. The Homeowner may hold their service provider liable. (g) Homeowner is responsible for placing wire underground from the service provider s pylon to the exterior of the residence and for installing the necessary lines inside the residence. (2) Power (a) Electricity company maintains an easement to run the main line to each residence s meter. (b) Homeowners are responsible for maintaining or enhancing as needed any wiring that branches from their meter to their breaker box and beyond. (c) Any existing or new power requirements that are used exclusively for the benefit of one Homeowner must run through the Homeowner s meter. Should the installation necessitate a larger electrical feed to the meter, the additional surface mount conduit, if any, shall be installed in such a way as to minimize the disruption to any other Resident s space in the garage. Any new equipment such as an additional breaker box, disconnect, charging equipment, power outlets, etc. shall be located within the Homeowner s allotted space in the garage. (3) Natural Gas (a) Gas company maintains an easement to run the gas line to each residence s meter. (b) Homeowners are responsible for maintaining the gas piping from their meter to its ultimate end use locations within the residence. 17