WINDWARDS HOMEOWNERS ASSOCIATION ARCHITECTURAL GUIDELINES

Transcription

1 WINDWARDS HOMEOWNERS ASSOCIATION ARCHITECTURAL GUIDELINES Adopted by the Board of Directors Feb. 2009

2 WINDWARDS HOMEOWNERS ASSOCIATION ARCHITECTURAL GUIDELINES Table of Contents PURPOSE... 3 GUIDELINES... 4 ARCHITECTURAL STANDARDS... 7 GENERAL CONDITIONS... 9 VARIANCE HOME IMPROVEMENT FORM NEIGHBOR NOTIFICATION FACING, ADJACENT AND IMPACTED NEIGHBOR FORM NOTICE OF COMPLETION FORM ENFORCEMENT PROCEDURE RULES AND VIOLATION REPORT FINE SCHEDULE PROCEDURE FOR HOMEOWNER HEARING DISCLAIMER

3 PURPOSE As set forth in the Declaration of Restrictions, the Architectural Review Committee is vested with the power to review and approve all the improvements to all residential units for Windwards Homeowners Association. Such improvements include, without limitation, additions, modifications and alterations to residential Dwellings, signs, fences, walls, screens, outside surface, roof, outside door, deck, window treatments, air conditioning units in attic fans, and any other modification to the exterior of a Dwelling or other improvements or alterations to your home. The Architectural Committee does not seek to restrict individual creativity or personal preferences, but rather to help assure continuity in design which will help preserve and improve the appearance of the Community and enhance the property values of all Owners in the community. The Architectural Committee is composed of not less than three (3) and no more than five (5) persons as fixed, from time to time, and appointed by the Board; if no Owners or insufficient Owners volunteer to be on the Architectural Committee, the board may serve as the Architectural Committee. Members of the Architectural Committee shall receive no compensation for services rendered other than reimbursement by the Association for any expenses that might be incurred in performing their duties. The Architectural Committee has the right to retain architects or other construction specialists as may be necessary to perform its duties, and charge the Owner for such services. Prior to the commencement of any addition, alteration or construction work of any type on any residential Dwelling in Windwards Homeowners Association, you must first make application to the Architectural Committee for approval of such work. In addition, Architectural approval must also be obtained from the Master Architectural Committee. Failure to obtain approval of the Architectural Committees may constitute a violation of the Declaration of Restrictions affecting your home, and may require modification or removal of unauthorized works of improvement at your expense. In addition, a building or other permit may be required by the County of Orange, Building Department, or other governmental agencies prior to the commencement of any other work. Neither the Architectural Committee, nor the Association assumes any responsibility for the failures to obtain such permits. Also, obtaining such permits does not waive or satisfy the obligation to obtain Architectural Committee approval. 3

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5 h) A completed Impacted Neighbor Form (see Exhibit B). i) Any other information or documentation deemed to be necessary by the Architectural committee in evaluating your request. B. Failure to Comply with Required Procedures. Failure to comply with the requirements and procedures set forth herein shall cause your request to be delayed pending submission of other information and documentation to the Architectural Committee. An incomplete Application shall affect the time limits of approval otherwise reserved in favor of the Architectural Committee. C. Final Approval by Architectural Review Committee. The Architectural Committee shall give final approval or disapproval of your request within forty-five (45) days from submissions of a complete Application (including all the required supporting information and documentation). In the event the Architectural Committee fails to respond within forty- five (45) days from receipt of your completed Application, your request shall be deemed to be approved. An incomplete Application will be returned to the homeowner. D. Disapproval by Architectural Committee; Appeal. In the event of plans and specifications submitted to the Architectural Committee are disapproved by the Committee, the party or parties making such submission may appeal in writing to the Board of Directors of the Association within thirty (30) days following the final decision of the Architectural Committee; unless the Board of Directors and the Architectural Committee are the same body. If the Board of Directors and the Architectural Committee are the same body the Architectural Committee s decision is final and binding. Within forty- five (45) days following receipt of the request for Board appeal, the Board shall render a written decision. The failure of the Board to render a decision within the (45) day period shall be deemed a decision in favor of the parties submitting the appeal. E. Enforcement. Failure to obtain the necessary approval from the Architectural Committee, or failure to complete the improvements in conformity with the plans and specification approved by the Architectural Committee, may constitute a violation of the CC&R s and may require modification or removal of any work of improvement at your expense. Pursuant to the provisions of the Declaration, the Board shall have the right to record against your home a Notice of Non- Compliance which shall identify the reason(s) for such notice. If necessary, the Count of Orange and/or City of Aliso Viejo will be contacted to assist in enforcement of this policy. 5

6 F. Violations. All Owners in Windwards Homeowners Association shall have the right and responsibility to bring to the attention of the Architectural Committee, any violations of the Standards set forth herein. G. Notice of Completion - Inspection. Upon completion of the work of improvement, the owner shall submit a written notice of completion (Exhibit C) to the Architectural Committee. Any Owner or agent of the Architectural Committee may, at any reasonable hour or hours and upon the reasonable notice, enter and inspect the subject property as to the completion of the improvement. Such entry shall be made with as little inconvenience to you as possible, and any damage caused thereby shall be repaired by the responsible party. If the Architectural Committee finds that such work was not done in substantial compliance with the approved plans and specifications, it shall require the Owner to remedy the same within thirty (30) days from date of notification of such noncompliance. If a noncompliance exists, the Board, after Notice and Hearing may levy a Compliance Assessment against such Owner for the costs of removing or remedying such noncompliance or the Association may seek judicial intervention. H. Master Association Architectural Control. All submitted requests are subjected to the architectural and landscape control restrictions and provisions of the Master Declaration. All architectural requests must be submitted to the Master Association s Architectural Control Committee for approval after acceptance by the Windwards Architectural Committee. The Master Architectural Committee shall review such pans within sixty (60) days after receipt, or as required by their governing documents. If the Master Architectural Committee has not rejected such plans and specifications within this sixty (60) day period, the application shall be deemed to be approved. 6

7 II. ARCHITECTURAL STANDARDS A. Landscaping and Other Related Improvements. Within 120 days after the close of escrow, the Owner shall install and maintain landscape improvements on his/ her Exclusive Use Common Area yard area in a neat and attractive condition, pursuant to plans and specification approved by the Architectural Committee. No Owner shall further landscape or otherwise improve any Common Facilities owned and maintained by the Windwards Homeowners Association. B. Drainage and Fill. There shall be no interference with the established drainage patterns over any Condominium, Common Area or Community Facilities, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee. C. Yards, Decks and Stairways/ Landings. Yards, decks or stairways/landings and all furniture, plants and other improvements situated therein, shall be kept, at all times, in a neat clean, safe and attractive condition. Decks and stairway/landings shall not be used for storage purposes. D. Gutters and Downspouts. No gutter, downspouts or scuppers to control water shed from roofs shall be installed without the prior approval of the Architectural Committee. Such improvements shall be primed and painted to match the surface color of its appurtenant Dwelling. E. Unsightly Items. All weeds, rubbish, debris or unsightly material or objects of any kind shall be regularly removed from the Condominiums and shall not be allowed to accumulate thereon. All clotheslines refuse containers, woodpiles, air conditioners (except as originally installed), water softeners, storage areas, machinery and equipment shall be prohibited upon a Condominium unless obscured from view of adjoining streets, lots, alleys, community facilities or common areas. F. Antennae. No television, radio, CB or other electronic antennae or device of any type shall be erected, constructed, placed or permitted to remain on any Condominium, unless the same shall be contained within a Dwelling, attached to an Exclusive Use Common Area component part as described in an FCC Ruling or placed wholly within an Owner s Exclusive Use Common Area. 7

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9 III. GENERAL CONDITIONS 1. The Windward Homeowners Association (HOA) Architectural Review approval does not constitute waiver of any requirements required by applicable governmental agencies. 2. Architectural approval of plans does not constitute acceptance of any technical or engineering specifications, and the Windwards HOA assumes no responsibility for such. The function of Architectural Committee is to review submittals as to aesthetics. All technical and engineering matters are the responsibility of the Owner. 3. An oversight of a Covenant, Condition or Restriction, or a Committee policy does not constitute waiver of that rule and therefore, must be corrected upon notice. 4. Orange County ordinances require homeowners to maintain correct grades of lots so that water drainage does not flow into adjoining properties or does not prevent off flow from same. 5. Access for equipment used in construction must be through your property only. Access over Community Property will not be permitted. 6. Streets may not be obstructed with objects and building materials that are hazardous to pedestrians, vehicles, etc. Items such as, but not limited to, dumpsters, sand and building material may not be stored on streets, sidewalks or Community Property. 7. Building permits may be required for certain improvements from the County of Orange or the City of Aliso Viejo. 8. Any damage to the Windwards HOA Community Property will be replaced or repaired by Windwards HOA subcontractor. All applicable charges of restoration will be charged back to the homeowner by the Windwards HOA and is due and payable within thirty (30) days from notification or assessment of penalties. 9. Approval of plans is not authorization to proceed with improvements on any property other than the lot owned by the applicant. NOTE: Plans that are approved are not to be considered authorization to change the drainage plan as installed by the developer and approved by the County of Orange. The review is intended to consider aesthetic appearance of the drains, pipes, and coring and other applicable aspects of drainage. Owner may also need to acquire approval from the County of Orange for permission to encroach within County easement. 9

10 IV. VARIANCE The Committee may authorize variances from compliance with any architectural provisions contained in the CC&R s for the Windwards Homeowners Association, including without limitation, restrictions upon height, size, or placement of structures, or similar restrictions, when circumstances such as topography, natural obstructions, hardship, aesthetic or environmental considerations may require such variances. The granting of a variance must be evidenced in writing and must be signed by at least a majority of the Committee. 10

11 THE WINDWARDS HOMEOWNERS ASSOCIATION HOME IMPROVEMENT FORM Name Home Phone Alt. Phone Address where improvement will be made Your Mailing Address (if different) Homeowner s Signature PROJECTS BEING SUBMITTED: (Please check all appropriate items) ARCHITECTURAL LANDSCAPE HARDSCAPE EQUIPMENT DECK DRAINS HARDSCAPE ONLY AWNINGS GAZEBO LANDSCAPE: PATIO SLAB PLAYHOUSE PATIO COVER LAWN ONLY WALL(S)/FENCES(S) SPA & EQUIP. GREEN HOUSE FRONT SIDE RELOCATION RAIN GUTTERS REAR BACK PAINING TREES FRONT RETAINING EXTENSION OTHER: HOMEOWNER SUBMITTAL CHECK-LIST 3 COPIES OF PLANS SHOWING LOCATION OF IMPROVEMENT & ALL PROPERTY LINES. HOME IMPROVEMENT FORM COMPLETED IMPACTED NEIGHBOR STATEMENT COMPLETED NAMES OF PLANTS (LISTED ON PLANS) TYPE OF WOOD SURFACES (LISTED OF PLANS) COLOR SCHEME (LISTED ON PLANS) DO NOT WRITE BELOW THIS LINE NOTE: Plans that are approved are not to be considered authorization to change the drainage plan as installed by the developer and approved by the County of Orange. The review is intended to consider aesthetic appearance of the drains, pipes and coring, and other applicable aspects of drainage. 11

12 Owner may also need to acquire from the County of Orange for permission to encroach within County easement(s). THE ARCHITECTURAL COMMITTEE HAS DETERMINED THAT THE ABOVE SUBMITTED IS: APPROVED APPROVED WITH CONDITIONS DISAPPROVED AS SUBMITTED COMMENTS: THE WINDWARDS HOMEOWNER ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE DATE: INITIALS: 12

13 NEIGHBOR NOTIFICATION It is the intent of the Architectural Committee to consult neighbors on any improvements which may impact their use and enjoyment of their property. Neighbor approval or disapproval of a particular improvement shall only be advisory and shall not be binding in any way on the Architectural Committee s decision. 1. Definitions: Facing Neighbor; Adjacent Neighbor and Impacted Neighbor Facing Neighbor: Adjacent Neighbor: Means the three (3) units most directly across the street. Means all homes with adjoining property lines to the home in question. Impacted Neighbor: Means all units in the immediate surrounding area which would be affected by the construction of any improvement. 2. Improvements Requiring Notification: Any exterior improvements that may impact the neighbors in the community. 3. Statement: The Facing, Adjacent and Impacted Neighbor Statement (Exhibit B ) must be provided to the Architectural Committee to verify he neighbors have been notified about the proposed improvements. At the discretion of the Committee, an Architectural Application can be approved by the Committee with or without the Neighbor Impact Statement. 13

14 FACING, ADJACENT AND IMPACTED NEIGHBOR STATEMENT Name: Home Phone: Address: Work Phone: Tract Number: Lot Number: On the day of,, attached plans were made available to the following neighbors for the review. They have been notified that I am submitting these plans for ARC approval. 1. Signature of facing neighbor: Address: 2. Signature of facing neighbor: Address: 3. Signature of adjacent neighbor: Address: 4. Signature of adjacent neighbor: Address: 5. Signature of adjacent neighbor: Address: 6. Signature of impacted neighbor: Address: 7. Signature of impacted neighbor: Address: Signature of Owner(s) Date Signature of Owner(s) Date 14

15 NOTICE OF COMPLETION Name: Home Phone: Address: Work Phone: Tract Number: Lot Number: On the day of, 20, the Improvement(s) on the described property was (were) COMPLETED in accordance with the plans and submittal package which was approved by the Architectural Review Committee. The completed Improvement(s) is (are): Signature of Owner(s) Date Signature of Owner(s) Date 15

16 ENFORCEMENT PROCEDURE I. Discovery of Violation A. Any alleged violation of the CC&R s, Bylaws, Rules and Regulation and Architectural Guidelines of the Association will be processed according to the procedure outlined herein. B. In the even one more Owners of the Association or Board of Directors file a Violation Report (Exhibit D) the Board would act as follows: 1. Send a letter to the homeowner stating that the alleged violation and date needed to cure said violations; unless Violation cannot be cured. 2. Upon expiration of the cure date, if the violation still exists, a second letter will be sent stating that the failure to abide by Association Rules and Regulations has imposed a hardship on the Association and the owner will be asked to attend a hearing with the Board of Directors; unless the Violation is the type that cannot be cured then the Association will send a letter as outlined above. 3. The homeowner will be notified as to the decision rendered by the Board of Directors as a result of the hearing. If the homeowner is found to be in violation of the Association s governing documents, the Board will either a) seek remedy by the use of the legal system, b) apply the monetary fines to the homeowner s assessment billing, c) choose to correct (or cause to be corrected) the Violation and assess the owner for reimbursement of costs, or d) a combination thereof. 4. If the decision is to pursue a monetary fine system, the Windwards Fine Schedule will apply. 16

17 DATE PERSON MAKING REPORT: RULES AND VIOLATION REPORTS NAME HOME PHONE ADDRESS WORK PHONE DESCRIPTION OF ALLEGED VIOLATION (Please fill in as completely as possible) DATE: TIME LOCATION DESCRIPTION OF ALLEGED VIOLATOR: NAME: PHONE #: ADDRESS: ADDITIONAL WITNESSES (At least two signatures are required) NAME: PHONE #: ADDRESS: NAME: PHONE #: ADDRESS: NAME: PHONE #: ADDRESS: NAME: PHONE #: ADDRESS: 17

18 FINE SCHEDULE 1. Letter to homeowner stating the alleged violation or letter requesting homeowner appear before the Board of Directors, depending on the type of violation. 2. Letter to the homeowner stating the alleged violation continues and requesting homeowner appear before the Board of Directors. 3. If result of hearing is monetary fine, a fine of $ will be applied to Owner s account. 4. Multiple violations of the same type or different in nature may be treated separately and multiple fines may be imposed at one hearing or at different hearings. 5. If the violation continues past the hearing and first fine stage, additional hearings will be held and the fine may be doubled with each hearing and continuance of violation. Any fines not paid may result in legal action in accordance with California law. 6. The Board may determine to use the legal system or cause correction of the violation to effect a cure and the owner may be responsible for legal fees and or reimbursement of costs to the Association. NOTE: Should a violation occur which imposes a financial obligation on the Association; then the party responsible for said violation shall reimburse, by way of a Special Assessment, the Association for the financial obligation. If, for example, a party damages a fence, tree, or any other common property, repair and replacement costs will be charged to that party. 18

19 Procedure: PROCEDURE FOR HOMEOWNER HEARING 1. Statement of alleged violation by acting chairperson. 2. Violator s statement, if present. 3. CC&R requirements, By-Laws, and Rules and Regulations of the Association. 4. Discussion and questioning of the violator by the Board members. 5. Questions and final statement by alleged violator. 6. Board ruling, with or without violator present. 7. Enforcement procedures as applicable. 8. Adjournment. DOCUMENTATION Name of Violator: Phone Number: Address/residential unit: Nature of Violation: Board Ruling: Additional Comments: Date: 19

20 DISCLAIMER THE MATERIAL CONTAINED WITHIN THIS PACKET IS NOT INTENDED TO BE SUBSTITUTED FOR THE SERVICES OF AN ATTORNEY. THE LAW AND ITS INTERPRETATION ARE CONSTANTLY CHANGING. PLEASE CONSULT YOUR PROFESSIONAL ADVISOR REGARDING YOUR INVOLVEMENT IN A COMMUNITY ASSOCIATION. 20