NEW CONSTRUCTION COMMITTEE STANDARDS AND GUIDELINES FOR FOSTER S CREEK HOMEOWNERS ASSOCIATION, INC.: HANDBOOK FOR HOMEOWNERS APPROVED BY THE BOARD OF DIRECTORS BOARD MEETING DATE: 4/29/14 Version 1.0
Table of Contents PURPOSE OF THE HANDBOOK... 3 BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS... 4 MISSION AND VALUES OF FOSTER S CREEK... 5 ROLE OF THE NEW CONSTRUCTION COMMITTEE... 6 ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE NEW CONSTRUCTION COMMITTEE... 7 APPLICATION AND REVIEW PROCEDURES... 8 DESIGN GUIDELINES... 9 EXTERIOR PAINT COLOR OPTIONS... 14 2
PURPOSE OF THE HANDBOOK The purpose of this handbook is to familiarize homeowners with the objectives, scope, and application of design standards and guidelines which will be used to maintain the aesthetic appearance and environmental quality of the community. The handbook provides specific design standards and guidelines that have been adopted by the Board of Directors of the Foster s Creek Homeowners Association, Inc. ( HOA ). It also explains the application and review process that must be adhered to by homeowners seeking approval for any exterior modifications or changes to their homes or lots that are subject to approval by the HOA. Homeowners are reminded that approval by the New Construction Committee for a proposed change does not remove the need for the appropriate building permits or other documentation. This handbook will serve as a valuable reference source and will assist homeowners in preparing acceptable applications for review by the HOA's New Construction Committee. All homeowners are encouraged to familiarize themselves with its contents and to retain the handbook for future use. 3
BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS The governing documents for the HOA include the Declaration of Maintenance and Land Use Provisions, First Amendment to Declaration of Maintenance and Land Use Provisions, and Second Amendment to Declaration of Maintenance and Land Use Provisions. These documents impose use restrictions and specify the process for obtaining approval for changes, improvements, or alterations to an owner s property. Legally, these covenants are a part of the deed for each home and are binding upon all initial homeowners and their successors in ownership, irrespective of whether or not these owners are familiar with such covenants. The primary purpose of this document is to establish some design guidelines for the entire community. This document is subordinate to the HOA s governing documents and, in the event of a conflict between this document and any of the HOA s governing documents, the language in the HOA s governing documents control. The promulgation and enforcement of design guidelines is intended to achieve the following objectives: 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. Maintain a clean, neat, orderly appearance. The enforcement of design standards not only enhances the physical appearance of a community but also assists in protecting and preserving property values. Homeowners who reside in association-governed communities which enforce design covenants are protected from actions of neighbors that can detract from the physical appearance of the community and, in some cases, diminish property values. In fact, surveys of homeowners living in association communities consistently reveal that this was an important consideration in their decision to purchase a home. 4
MISSION AND VALUES OF FOSTER S CREEK As a Board of Directors, building a strong community is our top priority. To that end, we have adopted the following Mission and Values statements. Mission: Foster a sense of community Preserve home equity value Maintain a safe environment Proactively and reasonably implement the covenants Give pride to our community, including tenants Values: Provide clear, regular and transparent communication to all homeowners (resident, nonresident, banks and investors) and to tenants. Balance cost and quality of service in order to set dues at a reasonable level while maintaining the property well and planning for the future. Foster participation by including as many residents as possible in committees. 5
ROLE OF THE NEW CONSTRUCTION COMMITTEE All homeowners are automatically members of the HOA. The HOA is a not-for-profit corporation that owns and is responsible for the upkeep and maintenance of all common properties within the community. The HOA is also responsible for the administration and enforcement of all covenants and restrictions. The Declaration of Maintenance and Land Use Provisions, as amended, provides the scope and authority of the New Construction Committee ( NCC ). The members of the NCC are appointed by the HOA s Board of Directors. The New Construction Committee is responsible for enforcing the Association's Design Guidelines for exterior modifications to homes and improvements to lots as proposed by lot owners. The NCC will review and approve or disapprove applications submitted by lot owners for exterior additions, alterations or modifications to a home or lot using Design Guidelines approved by the HOA s Board of Directors and the HOA s governing documents. As part of its responsibilities, the New Construction Committee will make recommendations to the Board of Directors with respect to modifications of the Design Guidelines initially approved by the BOD. Subject to the mandates contained in the Association s governing documents and provided for under applicable Florida law, the HOA s Board of Directors will be responsible for reviewing possible violations of the Association's Design Guidelines. 6
ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE NEW CONSTRUCTION COMMITTEE Any changes, permanent or temporary, to the exterior appearance of a building or lot are subject to review and approval by the New Construction Committee. The review process is not limited to major additions or alterations, such as the addition of a pool or screening around a patio. Review is also required for items such as color or material changes. Approval is also required when an existing item is to be removed. Notwithstanding the generality of the review process, minor landscape improvements do not require New Construction Committee approval. This includes foundation plantings, single specimen plants or small-scale improvements which do not materially alter the appearance of the lot, involve a change in topography or grade and which are not of sufficient scale to constitute a natural structure. If there is any doubt as to whether or not a proposed exterior change is exempt from design review, and approval, homeowners should first seek clarification from the New Construction Committee before proceeding with the improvement. 7
APPLICATION AND REVIEW PROCEDURES Application and review procedures that will be used by the New Construction Committee are detailed below. 1. Applications. All applications for proposed improvements must be submitted in writing using the application forms authorized by the New Construction Committee. Applications must be complete in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies that must be remedied in order to be considered for review. 2. Supporting Documentation. The application must include a complete and accurate description of the proposed improvement(s). To permit evaluation by the NCC, supporting exhibits will frequently be required. Examples include: a site plan showing the location and dimensions of the proposed improvement; architectural drawings or plans, as applicable; landscape plan; material and/or color samples, etc. The design guidelines and application forms provide guidance with respect to the supporting documentation required for various types of improvements. 3. Time Frame for Completion of the Review. The New Construction Committee is required to approve or disapprove any proposed improvement within 45 days after the receipt of a properly completed application. However, the 45-day review period will only commence upon the receipt of a complete application form, including any required exhibits. It is therefore advisable for homeowners contemplating substantial improvements to first ensure that they are aware of all required supporting documentation prior to submitting a design review application. 4. Notice of Approval/Disapproval. Homeowners who have submitted design review applications will be given written notice of the decision of the New Construction Committee. This notice will be issued by the management company as directed by the NCC. Please do not contact the NCC in the interim of this process for approval or denial. 8
DESIGN GUIDELINES The specific Design Guidelines detailed below have been adopted by the Board of Directors. These guidelines will not cover every situation. If you wish to make a modification to your property that is NOT explicitly covered in these Design Guidelines, you must submit an application to the New Construction Committee and obtain pre-approval of the modification. ACCESSORY/APPURTENANT STRUCTURES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.2) No building shall be erected, altered, placed or permitted to remain on any residential Lot other than one single-family dwelling. No structure of a temporary nature, unless otherwise approved in writing by the NCC, shall be erected or allowed to remain on any Lot. Outbuildings for appurtenant use may be erected if the NCC approves the use, location, and materials proposed for such outbuilding. No structural steel or aluminum sheds shall be approved. The architectural finish of any shed must be the same as that of the house and the shed shall be properly screened as approved by the NCC. The plate height of a shed, exclusive of the roof, shall be no higher than seven (7) feet, four (4) inches above the slab on grade. ANTENNAS AND SATELLITE DISHES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.8(b)) No Lot Owner shall install or permit any antenna, satellite or communications dish larger than 36 inches in diameter upon any lot, a building on a lot or a Common Area. Any satellite or communications dish that is installed shall be installed so that such dish is not visible from any street. CLOTHESLINES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.4(a); Fla. Stat., s. 163.04) Semi-permanent clothes lines or similar apparatus for the exterior drying of clothes are not permitted. Removable clotheslines may only be erected during daylight hours and only in locations that best minimizes their visibility from the street and from other homes and must be removed when not in use. 9
DRIVEWAYS (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.2(g) and 4.14) All driveways must be constructed of concrete and New Construction Committee approval will be required for all driveway construction, extensions, modifications and additions to driveways. The primary considerations will be no adverse aesthetic or drainage impact on adjoining lots or common areas. Driveways may be stained or sealed with NCC approval. Driveways cannot be painted. EXTERIOR COLOR CHANGES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.16) The color(s) of the exterior of all residences shall be subject to approval of the New Construction Committee. Lot Owners may choose from the Sherwin-Williams color palettes provided at the end of these ARC Guidelines. Houses may not be painted the same or substantially similar base and trim color as the house on either side or directly across the street. It is not required to use Sherwin-Williams paint, but the color must be color-matched to the Sherwin-Williams color palette. In this instance, physical paint chips must be submitted along with the ARC application. EXTERIOR DECORATIONS/FLAGS AND FLAGPOLES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.5(f); Fla. Stat., s. 720.304) Exterior decorations, including without limitation, sculptures, fountains, flags (with the exception of those outlined in the state statutes below), and similar items must be approved in accordance with Article VI of the Declaration of Maintenance and Land Use Provisions of Foster s Creek. Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4 ½ feet by 6 feet, which represents the United States Army, Navy, Air Force, Marine Corps or Coast Guard, or a POW-MIA flag. FENCES (See generally Second Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.5(d)) No chain link fences shall be permitted upon any Lot. Chain link fences may be permitted in Common Area recreational areas as deemed essential by the HOA. 10
All fences erected on Owners Lots shall be constructed of white PVC or unpainted wood using shadowbox or board-on-board (dog-eared tops on both) style construction and shall be constructed with pressure-treated Ultrawood or similarly warranted (50-years) materials and galvanized nails. All stringers and/or posts utilized in such fencing shall be visible only from the interior of the lot upon which the same is constructed. In all cases, no fencing shall be closer to the street than eight (8) feet to the rear of the front building line on that side of the residence. Any fence constructed on a Lot which has a rear yard with pond or lake frontage shall not exceed forty-two (42) inches in height from the rear building line to the water line. Corner lot fences may not be constructed closer than eleven (11) feet from any public sidewalk. No fence which obstructs sight lines and elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangle area formed by the street property lines and the line connecting them at points twenty (20) feet from the intersection of the street lines, or in a case of a rounded property corner from the intersection of the property lines extended. LANDSCAPING (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.2(g), 4.5, and 4.14) All major landscape plans and hedges must receive prior written approval from the ARC committee before implementation. a) Hedges. Hedges shall be grown no higher than three (3) feet from the street right-ofway to the minimum building setback line. Boundary hedges shall not exceed fortytwo (42) inches in height on any lot with a view of or abutting a lake or conservation area, from the back building line of the main structure to the rear property line unless written approval is received from the NCC Committee. No boundary hedge shall exceed six (6) feet in height regardless of location. No hedge which obstructs sight lines and elevations between two (2) and six (6) feet above the roadway shall be placed or permitted to remain on any corner Lot within the triangle area formed by the street property lines and the line connecting them at points twenty (20) feet from the intersection of the street lines, or in a case of a rounded property corner from the intersection of the property lines extended. The same sight line limitations shall apply on any Lot within ten (10) feet from the intersection of the street property line and the edge of the driveway. b) Trees. To preserve the natural integrity and beauty of the land, water run-off, etc. no trees having a diameter of three (3) inches or more shall be cut, destroyed, or mutilated without prior consent of the HOA. Dead or diseased trees shall be cut and removed promptly from any property by the homeowner only after the HOA has been notified and the proper permission for cutting and removal has been obtained. Canopy trees meeting the Manatee County Land Development Code shall not be planted or permitted on any owner s property closer than 25 feet from one another unless a decorative grouping or alternative method is chosen. Each homeowner is responsible 11
for the maintenance of any tree on the owner s property. No trees shall be planted or placed on any property that will interfere with the current sight distance at intersections restrictions or limitations as per Section 4.5(c) of the First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek. c) Sod. All sod installed on a Lot shall be of a St. Augustine variety, such as St. Augustine, Floratam, Seville, or equivalent or Bahia. Bare spots in sod are not allowed and must be re-sodded within 14 days of notification by the Association. d) Artificial Vegetation. No artificial vegetation shall be permitted on the exterior of any portion of a Lot. MAILBOXES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.4(b)) All mailboxes shall be of a white plastic or metal variety and be in conformity with United States postal standards. Mailboxes must be kept clean and free of mold/mildew. Broken mailboxes are not allowed and must be repaired or replaced within 14 days of notification by the Association. POOLS (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.12 and 4.17(e)) In-ground pools must be approved by the NCC and must be located in the rear of the property. All permanent swimming pools must have security fencing or screen enclosures installed in accordance with existing jurisdictional codes. Screen enclosures must also have NCC approval. Pool construction shall be in accordance with applicable governing agency codes. Any damage done to a Lot or adjoining Lot as a result of the construction of or use of any in-ground or above-ground pool must be repaired/replaced at the pool owner s expense. Pool filters and/or heating equipment shall be walled, fenced or landscape-buffered to conceal same from the view of the neighboring lots, roads, streets, the waterfront or open areas. Plans for all walls, screens, fences and enclosures must receive written approval from the ARC prior to construction. RECREATION AND PLAY EQUIPMENT (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.17(e)) Installation and use of play equipment shall be limited to the rear of each lot only, and not closer than five (5) feet to property lines. This includes, but is not limited to, swing sets, slides and trampolines. No outside tanks, towers, poles, treehouses or other storage or recreation structures for any purpose shall be erected. Skateboard ramps are not permitted on any Lot. 12
Basketball backboards and goals may only be constructed to the rear of the back building line of the main structure. Portable basketball backboards and goals must be stored in a garage our fenced yard out of view when not in use. SIGNS (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.7) No signs of any kind, including but not limited to, political signs, home business advertising signs, garage/yard sale signs, shall be displayed to the public view on any Lot without NCC approval. One professional sign measuring no more than twenty-four (24) inches tall and twenty-four (24) inches wide and no more than four (4) feet above the ground advertising the Lot for sale or rent is permitted without NCC approval. STORAGE OF MATERIALS (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.12) No lumber, brick, stone, cinder block, concrete or other building materials, scaffolding, mechanical devices or any other thing shall be used for longer than the length of time reasonably necessary for the construction of the improvement to be completed. No exposed aboveground tanks will be permitted for the storage of fuel or water or any other substances without written approval of the NCC. No Lot shall be used in whole or part for storage of rubbish of any character whatsoever, nor shall any substance, thing or material be kept upon any Lot which will emit foul or noxious odors, or that will cause noise that will or might disturb the peace and quiet of the occupants of surrounding Lots. However, the foregoing shall not be construed to prohibit temporary deposits of trash, rubbish and other such debris for pickup by garbage and trash removal service units. TRASH CONTAINERS AND DISPOSAL (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.4(f) and 4.12) All trash, garbage and other waste shall be kept in sanitary containers and kept within an enclosure or properly screened so as to be out of sight from the front or side streets, except when placed at a designated pickup location, not earlier than 6:00PM on the day preceding the trash/yard waste/recyclables pickup day. Incinerators for garbage, trash or other refuse shall not be used nor permitted on any Lot. 13
VEHICLES (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.4(c) and 4.11(c)) No house trailer or motor home shall be permitted to stay on any Lot, common area or public right-of-way. No boats, boat trailers, campers or any other such vehicle, trailer or vessel shall be permitted to stay on a public right-of-way, common area or on a Lot unless permanently enclosed in a garage or behind a fenced yard out of view from any street or neighboring Lot. No commercial vehicles shall be permitted to remain overnight for any period of eight (8) consecutive hours on the property or public right-of-way unless otherwise approved by thencc. Commercial vehicles and trailers are permitted to be parked overnight in the overflow lot near the entrance of the subdivision. No unlicensed motor vehicles or motor vehicle which would not be allowed to operate in its present condition on public roads under the laws of the State of Florida are permitted to be parked in any common area, public right-of-way or Lot unless permanently enclosed in a garage. WINDOWS (See generally First Amendment to Declaration of Maintenance and Land Use Provisions of Foster s Creek, Art. IV, sec. 4.4(e) and 4.13) All metal windows shall have a white finish; wood windows shall be painted to be in harmony with the exterior color of the house. No window air conditioning units shall be installed. EXTERIOR PAINT COLOR OPTIONS Exterior paint color options for a home s base and trim must be from the following color families: a) Grays (Olympus White, Morning Fog, Online, Argos, Techno Gray, Silver Strand and Dovetail) e.g. SW 7072-Online base with SW 6253-Olympus White trim or vice versa b) Beiges (Cultured Pearl, Reticence, Mocha, Diverse Beige, Sand Dune, Softer Tan, Tony Taupe, Beach House) e.g. SW 7518-Beach House base with SW 6067-Mocha trim or vice versa c) Blues (Mountain Air and Breezy; can be used interchangeably for base/trim) d) Greens (Liveable Green, Clary Sage and Hunt Club) 14
PLEASE NOTE: Hunt Club can be used as trim color only with the following base colors: Liveable Green, Clary Sage, Olympus White, Argos, Silver Strand, Dover White, Pure White or Ceiling Bright White. Hunt Club may NOT be used as a base color under any circumstances. e) Yellows (Muslin, Cachet Cream, Morning Sun, Hinoki and Glisten Yellow) PLEASE NOTE: Glisten Yellow may be used as a trim or base ONLY with SW 7005 Pure White or SW 7007 Ceiling Bright White f) Whites (Reliable White, Dover White, Pure White, Ceiling Bright White) PLEASE NOTE: Whites can be used as a base or trim with any color from the prior color families unless other restrictions were previous noted (i.e. Hunt Club can only be used as a trim color with a white base; Glisten Yellow can be used as a base or trim but only when paired with Pure White or Ceiling Bright White) 15