ARCHITECTURAL MODIFICATION GUIDELINES The following Architectural Modification Guidelines have been adopted by the Board of Directors of the Madison Green Homeowner s Association to be consistent and expand upon the "Declaration of Covenants, Restrictions and Easements for Madison Green Cobb County, Georgia" (Covenants). For a full description of the rights and obligations of ownership at Madison Green, refer to the Covenants. PURPOSE OF THE HANDBOOK This handbook describes the design standards, which are intended to maintain the aesthetic appearance of the Madison Green Homeowner s Association. It also explains the application and review process for Owners seeking approval for any exterior modifications or changes to homes or lots. These guidelines are intended as a supplement to the "Declaration of Covenants, Restrictions and Easements for Madison Green Cobb County, Georgia" (Covenants). Important Note: It is each Owner s responsibility to read the Covenants thoroughly. BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS The legal documents for the Madison Green Homeowner s Association contain the Covenants, including those pertaining to architectural controls. Legally, these Covenants are a part of the deed for each lot and are binding upon all Owners. Architectural Control Covenants: Maintain consistency with the overall design concept for the community; Promote harmonious architectural and environmental design qualities and features; Promote and enhance the visual and aesthetic appearance of the community. These covenants are inseparable from owned properties and are binding on all Owners. Their enforcement enhances the physical appearance of the community, and preserves property values. Enforced design covenants protect Owners from actions of neighbors, which can detract from the physical appearance of the community and diminish property values. ROLE OF THE ARCHITECTURAL REVIEW COMMITTEE All Madison Green Property Owners are automatically members of the Madison Green Homeowner s Association. The Association is a non-stock corporation, which owns and maintains all common properties within the community. The Association is responsible for the administration and enforcement of all covenants, which are applicable to property owners, including design covenants and restrictions. The Architectural Modification Guidelines Rev 02/19/2006 Page 1 of 11
Board of Directors may act as the Architectural Review Committee in the event that there are insufficient volunteers for the formation of an Architectural Review Committee. The primary responsibility of the Architectural Review Committee (ARC) is to protect property values by ensuring that the properties are maintained in a manner: providing for visual harmony and soundness of repair, avoiding activities deleterious to the aesthetic or property values of the Property; and promoting the general welfare and safety of the Owners, Owner s tenants and Owner s (or tenant s) households or companies, guests, employees, customers, agents and invitees. OBJECTIVES OF THE ARCHITECTURAL REVIEW COMMITTEE Provide uniformity of application and interpretation standards set forth in the Covenants. Increase Owners awareness and understanding of the covenants and guidelines applicable to exterior home and property improvements. Describe the organizations and procedures involved in the enforcement of the architectural design guidelines established by the Covenants. Aid residents in developing exterior improvements, which promote harmony in design with the immediate neighborhood and the community as a whole. Assist residents in preparing and completing acceptable applications. Maintain and improve the quality of the living environment within the Madison Green Homeowner s Association and community. MODIFICATIONS REQUIRING REVIEW AND APPROVAL BY THE COVENANTS COMMITTEE All changes, permanent or temporary, to the exterior appearance of a structure or lot are subject to review and approval by the Architectural Review Committee. This includes, but is not limited to the following: Storage buildings Fences Walls Garage Patio Carports Play houses Swimming pools Staking, clearing (the removal of trees in lots, not the normal seasonal burning of underbrush), excavation, grading, filling Change in color or type of any existing improvement Architectural Modification Guidelines Rev 02/19/2006 Page 2 of 11
Planting or removal of landscaping materials Exterior lighting Placement or installation of statuary, flags, fountains or similar items Improvements or modifications to the roof, material, color, paint stain or varnish or the interior porches, patios or similar portions of a structure which are visible from the outside of the lot Such projects will need to have final written approval from the Madison Green Homeowner s Association s Board of Directors and Architectural Review Committee before the improvements can be made. Important note: Repainting or re-staining of house exteriors is considered routine maintenance and does not require prior approval as long as the color(s) and materials do not change. Replanting with the same tree or shrub and planting flowers in existing, approved landscaping beds is also considered routine maintenance and does not require prior approval. COUNTY APPROVALS In addition to obtaining Architectural Review Committee approval, the Owner is responsible for obtaining any and all applicable county approvals. Approval of an application does not relieve the Owner of the obligation to comply with the building and zoning codes of the county to which the property is subject, and to secure any required permits. Architectural Review Committee approval in no way indicates a project meets county building codes. Conversely, approval of a project by the County does not relieve an Owner of the obligation to obtain the required approval(s) from the Architectural Review Committee for a project. NON-LIABILITY FOR APPROVAL OF PLANS Architectural Review Committee approval of plans shall not constitute a representation warranty or guarantee that such plans and specifications comply with engineering design practices or with zoning or building ordinances, or other government regulations or restrictions. By approving such plans and specifications, the Architectural Review Committee, the Association members, nor the Board assumes any liability or responsibility therefore or for any defect in the structure constructed from such plans or specifications. Neither the Architectural Review Committee, Association members, nor the Board shall be liable to any member, owner occupant, or other person or entity for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, and specifications, whether or not defective, or (b) the construction or performance of any work, whether or not pursuant to the approved plans, drawings, and specifications. Architectural Modification Guidelines Rev 02/19/2006 Page 3 of 11
EASEMENTS Plans for proposed changes to properties should also accommodate any easements on the property. The Madison Green Homeowner s Asssocation, including its Board of Directors and Architectural Review Committee, is not responsible for identifying any easement held by other agencies or organizations (such as utility companies) or any restrictions placed on those easements. Owners should consult their property deed and site plan for easements, as well as the appropriate utilities or entities, which might affect a planned addition or alteration. ARCHITECTURAL REVIEW CRITERIA Specific covenants are not in place to stifle individual creativity and beautification. They provide the requesting Owner and the Architectural Review Committee with guidelines as to what is approvable. However, latitude is allowed for those who "think outside the box" and develop unique changes, which are consistent with aesthetics of and protect the values of the community but may not be specifically spelled out in the design guidelines. The criteria listed below provide the basis for both the development of design guidelines and the evaluation of individual design proposals by the Architectural Review Committee. 1. Evaluation Process. All Owner submissions will be evaluated on the individual merits of the application. This evaluation will include consideration of the characteristics of housing type and individual site, since what may be an acceptable design of an exterior in one instance may not be for another. Applications are reviewed to confirm that the project is in conformance with the protective covenants. 2. Design Decisions. Design decisions made in reviewing applications will not be based on the personal opinion or taste of the Board of Directors or the Architectural Review Committee members. Judgments of acceptable design are based on the general standards of the Covenants, defined more specifically in the following Standards. 3. Design Compatibility. The basic idea must be sound and appropriate to its surroundings. The proposed improvement must be compatible with the architectural characteristics and style of the applicant's house, adjoining houses and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details. The three dimensional size of the proposed modification shall relate well to the adjacent structures and surroundings. 4. Scale. The scale of the proposed improvement should relate to the size of the applicant's home, the location and size of the lot, adjoining homes and surroundings. This criterion applies to both structural and landscape modifications. 5. Location and Impact on Neighbors. The proposed improvement should relate favorably to the landscape, existing structures, and the character of the neighborhood. Written comments from affected neighbors about the acceptability of a proposed project may be submitted with an application. Architectural Modification Guidelines Rev 02/19/2006 Page 4 of 11
However, final decisions will be based on the standards established for the whole community. 6. Color and Materials. Use of the same or compatible materials should be used to ensure and maintain continuity throughout the community. The color of materials must match or relate harmoniously with existing materials. 7. Workmanship. The quality of work shall be equal to or better than that of the surrounding area. 8. Timing. Approval by the Architectural Review Committee is valid for a period of forty-five (45) days from the date of approval. If the work has not commenced and is not completed within this time period, the application is automatically disapproved and must be resubmitted for Architectural Review Committee consideration. If a project is expected to exceed forty-five (45) days, the Owner is required to submit a project plan with a detailed timeline of events/activities. Extension of time to complete a project will be considered on a case-by-case basis only if a written request is submitted. APPLICATION FEE Currently, there is no application fee for submitting an Architectural Modification Application. However, the Board reserves the right to impose an application fee if need be. OVERVIEW OF THE ARCHITECTURAL REVIEW PROCESS AND APPLICATION Application and review procedures, which will be used by the Architectural Review Committee, are described as follows. Complete instructions for submitting an Architectural Modification are included with the Application Form. GENERAL INFORMATION All applications for proposed improvements must be submitted in writing using the application form authorized by the Architectural Review Committee. A copy of this form is included in this document and is available on the Association website or by contacting the Board of Directors. Applications submitted must be complete in order to be reviewed by the Committee. Incomplete applications will be returned to the applicant without further action. General information requirements for the Architectural Modification Application are discussed in the following paragraphs. 1. Location. A registered site plan (plat) must be submitted to indicate dimensions and distances from adjacent property lines and structures. 2. Description. All applications must contain a detailed description of the project. The amount of detail contained in the description shall be consistent with the complexity of the proposal. A graphic description may be in the form of Architectural Modification Guidelines Rev 02/19/2006 Page 5 of 11
manufacturer's literature or photographs as well as freehand or mechanical drawings. Relationships of major architectural features such as existing and proposed rooflines, window sizes and alignment, building heights, roof slopes, etc. shall be shown as they affect the applicant's proposed project. 3. Material and color samples. The materials and colors to be used and an indication of the existing color and materials should be provided with the application. In most cases a statement, for example, that the proposed deck is to be painted to match the existing house color is sufficient. Where materials and/or color are compatible, but different from those of the existing structure, samples or color chips need to be submitted for clarity. 4. Acknowledgement from Adjacent Owners. The signature of adjacent Property Owners is required for all major projects, or any project that would encroach onto the property lines of adjacent lots. A specific form for this purpose (Neighbor Awareness Statement) is included with the application materials. 5. Notice of Approval/Disapproval. Owners who have submitted Architectural Modification Applications will be given written notice of the decision and reasons from the Architectural Review Committee within thirty (30) days. 6. Final decisions. If the applicant has questions regarding the Architectural Review Committee decision, he/she should contact the Board of Directors. STEP 1 SUBMITTING PLANS The Owner is responsible for ensuring that the Architectural Modification Application has been submitted and received by the Board of Directors. The Board is not responsible for any Application that may have been lost in the mail or not received by the Board of Directors. No Board Member or ARC Member may accept hand-delivered Applications from any Owner. All documentation, including architectural drawings, photographs, and property survey or site plan showing the improvements, description of materials (including swatches, color samples, and brochures) must be submitted with the completed application. Incomplete applications will be returned to the Owner with no further action. If the project is of a size and nature to require a Cobb County Building Permit, the Board will need a copy (photo copy is fine) of that permit in order to approve the project. A Neighbor Awareness Statement needs to be submitted, in addition to the Application for major projects, such as landscaping, excavations/fill-ins, fences, additions, etc. This statement is required so that neighbors, who may be impacted by the project, have an opportunity to express their concerns to the Architectural Review Committee. Once completed applications are received by the Board of Directors, they will be stamped and forwarded to the Architectural Review Committee for review at the next monthly meeting. The Board of Directors will issue a letter to the Owner notifying them that the Application was received and that it has been forwarded to the Architectural Review Committee for consideration. Architectural Modification Guidelines Rev 02/19/2006 Page 6 of 11
Depending on the scope and nature of the project, a site visit may be required. A member of the ARC will contact the Owner to schedule a date and time. In most cases, the homeowner s participation is not required for the on-site review, but it is helpful should questions arise. STEP 2 ON-SITE REVIEW PROCESS The purpose of the on-site review is for ARC members to assess the impact the request may have to neighbors, and the general quality of the community. The on-site review is usually brief (5-20 minutes) with no or limited homeowner involvement. However, it is recommended that the Owner be present in order to address questions regarding complex projects STEP 3 DECISION MAKING PROCESS Upon completion of the on-site review, the Architectural Review Committee will mark the Application with one of the following decisions: Accepted The plan was accepted as documented and the Owner will receive ARC approval in order to commence with the project. Denied If an Owner s application was denied, a detailed explanation will be provided. In many cases, the ARC may be able to recommend one or more alternative solutions or conditions that would make the project acceptable. If the Owner is receptive to one of these solutions, the Owner simply needs to resubmit an Application form detailing the alternative solutions within 30 days of notification of denial. Once an Application has been formally approved by the ARC, Owners may begin working on the improvements or alterations. If the Owner has verifiable evidence that the application was received by the Board of Directors and if the Owner has not received a formal response (in writing) regarding the status of the Application within thirty (30) days of submitting it to the Board of Directors, the Owner may consider the project approved and commence with the improvements per Covenants. STEP 4 PROJECT REVIEW AND DURATIONS (TIMELINES) If a project is approved, the Owner has forty-five (45) days from the date of approval to commence the project and complete the project. If the Owner foresees that the project will take longer than 45 days to complete, or if events happen during the course of the project that are going to push the finish date beyond the forty-five (45) days, the Owner is required to notify the Board in writing in order to obtain special permission for continued approval Architectural Modification Guidelines Rev 02/19/2006 Page 7 of 11
of the project. Major improvements will require submission of a project plan and detailed timeline outlining the duration and stages (activities) of the project. The Board reserves the right to impose monetary penalties for projects that are not completed within the forty-five (45) day period and for which the Owner has not notified the Board in writing in order to obtain special permission for continued approval of the project. If the Owner has not commenced work on an approved project within forty-five (45) days from the date of approval, the ARC Approval will automatically expire and the Owner will need to submit a new application and go through the Architectural Review Process again. Per the Covenants, the Board has the right to enter the Owner s property during and/or after the completion of the project to ensure that it fulfills its original plan as submitted to the Board on their ARC application and that it meets the architectural guidelines set forth in the Covenants and Rules. The Owner must notify the ARC in writing as to when the project officially completed so that the ARC can schedule a meeting with the Owner to review the final alteration. A Project Completion Notification is included in the application materials for this purpose. PROJECT COMMENCING WITHOUT ARC APPROVAL If a Owner commences a project without first having received written approval, the Board will notify the Owner in writing by certified mail as to the unapproved project and will include in that letter the corrective measures necessary to rectify the situation to avoid fines, or legal action, with the stipulation that the project must stop until written approval is received from the Board. The Owner will have ten (10) days to correct the violation. Fines may be imposed as well. If no communication has been sent from the Owner to the Board within the ten (10) day period, the Board will send a letter requiring their attendance at a meeting with the Board and produce any statements, evidence and witnesses necessary to discuss the matter. The date of the hearing will be set within a reasonable time. Per Article V, Section 1, Paragraph D of the Declaration of Covenants, Restrictions and Easements for Madison Green Cobb County, Georgia, the Board has the authority, if no approval was given for a project and the Owner has not responded to communication from the Board to restore it to its original condition, at the Owner s expense, to enter upon the property upon which such unauthorized work has been performed, and make such restoration as the Board of Directors, in the exercise of its discretion, may deem necessary or advisable. Architectural Modification Guidelines Rev 02/19/2006 Page 8 of 11
PROJECT THAT DOES NOT MEET ORIGINAL APPROVED SPECIFICATIONS Projects that do not meet or comply with the original approved specifications will be considered as a Project Commencing Without ARC Approval (see prior section), and the same corrective measures will apply. APPEALS PROCEDURE 1. Appeals by Applicant Owners. An Applicant may appeal a decision of the Architectural Review Committee by submitting a written request to the Committee, fifteen (15) days after receipt of notice of denial by the Architectural Review Committee. This request should include any new or additional information, which might clarify the requested change or demonstrate its acceptability. If the Applicant does not respond in writing within fifteen (15) days after receipt of denial notice, the Committee shall consider the matter closed and no further action taken. Applicants may be present at any Architectural Review Committee meeting to present their appeal. The Architectural Review Committee must respond, in writing, to a request for reconsideration within thirty (30) days from the date of receipt of such a request. However, failure by the Architectural Review Committee to respond to an appeal within thirty (30) days shall not constitute approval of any request made as part of such an appeal and shall not alter the prior decision of the Architectural Review Committee. 2. Appeals by Non-Applicant Owners. Upon notification of a proposed application, a Non-Applicant Owner may write the Architectural Review Committee stating their objection to the application. This will be taken into consideration in making the decision. Non-Applicant Owners may appeal a decision of the Committee by submitting a written appeal to the Architectural Review Committee within fifteen (15) days of receipt of notice of an action by the Committee. Non-Applicant Owners may be present at any Architectural Review Committee meeting to present their objections to a proposed application. The Architectural Review Committee must respond, in writing, to a request for consideration within thirty (30) days from the date of receipt of such request made as part of such appeal. However, failure by the Covenants Committee to respond to an appeal within thirty (30) days shall not constitute approval of any request made as part of such an appeal and shall not alter the prior decision of the Architectural Review Committee. Architectural Modification Guidelines Rev 02/19/2006 Page 9 of 11
3. Objections to Appeals by Applicant Owners. The Applicant, as well as any Non-Applicant Owners with objections to the application, will be notified of the Committee s decision in writing. Once the Architectural Review Committee has ruled on an appealed application, the Applicant and/or Non-Applicant Owner may appeal the Architectural Review Committee decision in writing, within fifteen (15) days of receipt of notice of the decision, to the Board of Directors. No appeal to the Board of Directors will be considered unless a prior appeal has been made to the Architectural Review Committee. Upon receipt of an appeal by a Non-Applicant Owner, the Board shall notify the applicant of the appeal by certified mail, return receipt requested. This notice shall inform the applicant that the Board of Directors is reviewing the decision of the Architectural Review Committee pursuant to an appeal and that the applicant should not proceed with any improvements until notified by the Board of their decision. The Board will provide a written response to the Applicant and Non-Applicant Owner within fifteen (15) days after the Board meeting in which the decision was rendered. This response shall be sent by certified mail, return receipt requested. Architectural Modification Guidelines Rev 02/19/2006 Page 10 of 11
VISUAL PROCESS FLOW APPLICANT completes and submits ARC Application Form (2 copies) BOARD OF DIRECTORS receives application and notifies Applicant in writing of receipt NO Application is returned to Applicant unprocessed BOARD OF DIRECTORS forwards application to ARC for review and determination Is the application complete? Resubmission of Application or Appeal YES ARC is able to review application at the next scheduled meeting DENIED The ARC has determined that the project does not conform with Architectural Standards as presented in the application What is the decision? APPROVED The ARC has determined that the project does conform with Architectural Standards as presented in the application DENIAL LETTER A letter explaining the ARC's decision for denial is sent to the homeowner APPROVAL LETTER A letter explaining the ARC's decision for approval is sent to the homeowner BOARD OF DIRECTORS forwards Denial Letter to Applicant and places copy of letter in Applicant's File BOARD OF DIRECTORS forwards Approval Letter to Applicant and places copy of letter in Applicant's File Applicant receives Denial Letter and has the option to appeal or accept the decision Applicant receives Approval Letter and is able to commence with the project Architectural Modification Guidelines Rev 02/19/2006 Page 11 of 11