SPINNAKER ASSOCIATION, Inc. Niantic, CT 06357 (860) 333-6535 Facsimile (860) 333-6536 Dear Spinnaker Unit Owner: Thank you for requesting permission for an alteration to the exterior of your Unit and/or other Common Elements. We ask that you review the attached instruction sheet and sign the enclosed Policy Acknowledgement and return it to us. The Spinnaker Association Executive Board also recommends the Unit Owner retain a copy of all paperwork. There is also an Alteration Application to be filled out and returned with your request. If your request is structural in nature and will require a Town of East Lyme Building and Zoning Permit, follow paragraph 3(b) of the Guidelines for Alterations. Your contractor should be able to help you complete these forms. The Zoning Permit is really a confirmation that your alteration will not extend into the 50 setback area. If necessary, a copy of the portion of the as-built plan for your unit can be made available for you to sketch on. Contact the Property Manager for the as-built plan. Please feel free to call me should you have any questions. Very truly yours, SPINNAKER ASSOCIATION, INC. By: Property Manager Sound Real Estate Services, LLC Date: Revision Dated 7/11/2017
Instructions for Spinnaker Unit Owners Regarding Exterior Alterations 1. Read, sign and return the attached Policy Acknowledgement regarding exterior alterations. 2. Prepare as much information as possible regarding the work you are proposing to do. Prepare a sketch, if relevant, of the area where the work will be done. Provide detail on the material and specifications of the material to be used, including the color. A brochure or specification sheet from the manufacturer would be ideal. Submit this material, along with a letter describing the work and requesting approval to: Spinnaker Association, Inc. c/o Sound Real Estate Services, LLC 29 Main Street Mystic, CT 06355-3641 3. All Alteration requests along with the supporting materials will be reviewed by the Architectural Review Committee. Other committees will be referred to as appropriate. These committees will make their recommendations to the Executive Board. 4. Please note that it is the owner s responsibility to determine if a proposed alteration will require any form of governmental regulations (fire, zoning, etc). All approvals are subject to the owner s compliance with same. 5. The standards the Association will use when determining if an Alteration should be approved will include, but not be limited to the following: The Alteration will not decrease property values for any Unit The Alteration will not create a maintenance or administrative burden or cost to the Association The Alteration will not irritate or annoy abutting Unit Owners The Alteration will not damage the Unit, or negatively affect the Common Elements in any way. 6. Examples of things that will not be allowed; visible or invisible outside pet enclosures, standalone flagpoles, swimming pools, and basketball hoops. 7. Examples of things that may be allowed, provided the colors and specifications are approved by the Executive Board; storm/screen doors, additions to decks, porch or house mounted flagpoles, and appropriate rear awnings. Revision Dated 7/11/2017 Instructions - 1 of 1
POLICY ACKNOWLEDGEMENT Guidelines for Alterations to the Exterior of Units and Other Common Elements Article XII of the Spinnaker Declaration governs Additions, Alterations and Improvements by Unit Owners to Units and Common Elements. Unit Owners are not permitted to change the appearance of Common Elements, or the exterior appearance of a Unit or any other portion of the Common Interest Community (collectively, Alterations ), without the permission of the Executive Board. To assist Unit Owners who may seek an approval from the Executive Board pursuant to the requirements of Article XII of the Declaration (each, an Approval ), the Executive Board has established the following guidelines: 1. Each Alteration request must be submitted to the Executive Board in writing and must set forth in reasonable detail the nature and scope of the proposed Alteration, including as applicable a description, diagram, brochure drawing, and location of the Alteration and the material, color and specifications to be used. The Executive Board reserves the right to require additional or supplemental information and documentation in order to evaluate any request. Exterior alterations must be within the existing approved footprint of the Unit and deck envelope as shown on the approved site plan for Spinnaker. With respect to awnings, the color must be compatible with that of the unit siding, and it shall only be located above and within the footprint of a deck. Each Alteration request must contain written evidence of notification of abutting neighbors, defined as those to the front, side or rear of the unit who have direct line of sight to the proposed Alteration. 2. The Executive Board will endeavor to respond promptly to each request for an Approval. Any Approvals granted by the Executive Board must be in writing. Under no circumstances shall the Executive Board be deemed to have granted an Approval or consented to an Alteration, in the absence of written confirmation thereof. Any Approval granted by the Executive Board shall apply only to the Alterations in question and the requirements of Article XII of the Declaration. No Approval shall be construed as a consent or approval of any other proposed Alterations or as a warranty that the proposed Alteration complies with applicable laws and regulations. Revision Dated 7/11/2017 Policy Acknowledgement (Spinnaker Association) - 1 of 3
3. If an Approval is granted, completion of pertinent Alterations shall be subject to the following requirements: a. Each Alteration may only be made in strict accordance with the terms of the Declaration and applicable law, including all zoning ordinances, state and local building codes and health and safety laws and regulations; b. Each Unit Owner receiving an Approval shall be responsible, at its expense, to apply for and obtain all permits, licenses and approvals required for completion of any of the Alteration work. Without limiting the foregoing, all awnings shall require a zoning compliance certificate from the ZEO for the Town of East Lyme. The Association shall cooperate, at no cost to it, in any reasonable respect in obtaining any such permits, licenses or approvals. All permits shall be prepared in the name of the Association, and the Association shall submit such applications once a month to the Town of East Lyme. c. Each such Unit Owner shall be solely responsible for prompt payment when due of all costs and expenses relative to the Alteration and shall promptly remove any liens or attachments relating to the Alteration work. Further, each such Unit Owner shall be responsible for and shall pay or reimburse the Association for any and all damage caused to the Unit and/or the Common Elements as a result of the Alteration; d. Each Alteration shall be completed in a good and workmanlike manner, free of defects in workmanship; e. Each such Unit Owner shall, at its expense, provide the Association with copies of all plans, specifications, permits, licenses and authorizations (including any applications therefor), certificates of occupancy and the like, upon request of the Association; and f. Each such Unit Owner shall be responsible for, and shall indemnify, defend and hold the Association harmless from, all claims, liabilities, demands, and damages, including without limitation all personal injuries, property damage, death, and all fees, costs and expenses relating to or arising out of the Alterations, including all legal expenses or shortfall in insurance. 4. The Unit Owner is responsible for ensuring that those engaged to perform the Alteration are properly registered and/or licensed with the State of CT and are covered by appropriate workmen s compensation and general liability insurance. Revision Dated 7/11/2017 Policy Acknowledgement (Spinnaker Association) - 2 of 3
5. Each Unit Owner acknowledges and agrees that any increased maintenance, repair or insurance costs attributable to an Alteration may be separately assessed by the Association to the Unit Owner responsible for the Alteration, together with such Unit Owner s successors and assigns. The Unit Owner agrees to provide appropriate documentation to the Association relating to the value of the improvement or betterment for the purpose of effecting adequate insurance coverage. 6. The Executive Board reserves the right to make revisions or impose additional or supplemental guidelines with regard to Alterations in its discretion to the extent deemed necessary for the proper management and maintenance of the Common Interest Community. The undersigned hereby acknowledges and agrees to comply with and be subject to the foregoing guidelines. Unit Owner Signature Unit Owner Signature Unit Owner Name Unit Owner Name Unit Owner Address Date Revision Dated 7/11/2017 Policy Acknowledgement (Spinnaker Association) - 3 of 3
SPINNAKER ASSOCIATION, Inc. Niantic, CT 06357 ALTERATION APPLICATION Unit Owner Name: Unit #: Date: Street Address: Description and Location of Work to be Performed: Material(s) Used: Color: Other Specifications: Please attach a brochure/specification sheet from the manufacturer, building plan, and plot plan, if applicable. Approved Not Approved Signed: Spinnaker Association, Inc. Date: NOTES: Revision Dated 7/11/2017 Application - 1 of 1
SPINNAKER ASSOCIATION, Inc. Niantic, CT 06357 ALTERATION REQUEST HEARING WAIVER Alteration Request submitted by: Unit Owner Name at Unit Owner Address for Alteration I, hereby, waive my right (Declaration, Section 12.1b) to a hearing based on the Executive Board s preliminary decision regarding the Alteration Request indicated above. Unit Owner Signature Date Affected/Abutting Unit Owners I, hereby, waive my right to a hearing based on the Executive Board s preliminary decision regarding the Alteration Request indicated above. Revision Dated 7/11/2017 Hearing Waiver - 1 of 1