Architectural Guidelines and Restrictions (ARC) Standards for Design and Construction Braemar HOA Board Approved Published by BRAEMAR HOA Current as of July 2016 Page 1
Table of Contents Administrative Details... 3 The Need for Architectural Guidelines and Restrictions... 3 Establishment of the Architectural Review Committee (ARC)... 3 The Architectural Review and Approval Process... 4 Appeals... 4 The Process of Enforcement... 4 How to Suggest a New Architectural Guideline or Change an Existing One... 4 Definitions... 5 Limitations of Liability... 6 The Guidelines and Restrictions... 7 1. Property Clearing... 7 2. Exterior Appearance... 8 3. Permitted Construction Hours. 8 4. Driveways... 9 5. Decks... 9 6. Porches/Enclosed Rooms/or/Sunrooms... 9 7. Pools or Hot Tubs... 9 8. Day to Day/Annual Maintenance...10 9. Parking..10 10. Fences 10 11. Sheds/or/Detached Garages.10 12. Motor Vehicles and Recreational Equipment...10 13. Holiday Decorations.11 14. Yard Art and Patio Furniture.11 15. Flags and Signs 11 16. Propane Tanks... 11 17. Antennas and Satellite Dishes... 12 18. Lawn Care and Equipment... 12 19. Garbage and Recycling... 12 20. Pets... 12 21. Noise... 12 22. Rental Restrictions... 13 Appendix A... 14 Architectural Request... 14 Instructions... 14 Architectural Request Form... 14 Page 2
Administrative Details The Need for Architectural Guidelines and Restrictions Structural and ornamental modifications to your house and property affect all members of the community. The establishment of guidelines and restrictions affords the members of the community an opportunity to ensure that the standards of quality to which the community was built are properly maintained. Quality of life for all residents is improved when a tranquil, civil, and fair design review process is implemented. Additionally, a conservative approach to architectural modification within the community will ultimately preserve a positive reputation for our community within the real estate marketplace; which in turn directly affects your ability to sell your house at the highest possible price. There is NO grandfather clause for previous violations or administrative actions. Under Article VIII of the Braemar Covenants Section 1; The board of Directors shall have the power to formulate, amend, publish, and endorse reasonable rules and regulations concerning the use and enjoyment of the common areas, streets, and individual lots. Establishment of the Architectural Review Committee (ARC) The Architectural Review Committee was established in July 2016. If the ARC committee should cease to exist, the Executive Board of the Braemar s Homeowner s Association will act as the ARC. Braemar ARC shall consist of a minimum of 3 members. All members of the ARC shall be property owners in good standing with the Association. The objectives of the Braemar Architectural Review Committee Protect and preserve the quality of the community while offering the greatest possible freedom in the use and alteration of one s property. Enable residents to achieve their personal objectives with respect to their property in a manner that maintains the community s objectives and a consistent look and feel. Review all applications for exterior alterations, and encourage resident involvement in the review process. Review all plans of new structures placed on any lot and report potential issues to the Executive Board. Foster pride in the appearance of our community. The Architectural Review and Approval Process When you contemplate making an alteration to your property, you must first consult the guidelines contained within this document. They will help you in finalizing your plans and will assist you in the preparation of your Architectural Change Request. ALL STRUCTURES MUST BE CONSTRUCTED TO THE APPLICABLE BUILDING CODE. After you have studied the Guidelines, complete and submit your Architectural Change Request application, form locations can be found below and at the end of this document. One (1) application must be submitted for each proposed alteration. Be sure that your application is complete and clear, and that it has all the necessary information. Page 3
Submit to: Braemar Homeowners Association C/O Cedar Management 1-877-252-3327 Community Support Hours of Operation: Monday Thursday: 8:30A 6:30P Friday: 8:30A 2:00P http://www.cedarmanagementgroup.com When received, your application will be dated and it will added to the agenda for the next Architectural Review Committee meeting. You will be notified within 15 business days of the time and place, if there are any questions regarding your request so you can plan to attend the meeting. Otherwise you receive an approval letter within 15-30 business days, if your request is straight forward and adheres to the ARC guidelines. ** If you cannot be present, please provide a number where you may be contacted if the committee has questions. Upon conclusion of the discussion, the ARC will vote to recommend approval or rejection of your application, or recommend approval with modifications or stipulations. Rejections will be explained. Approved applications at meetings will be returned within 15 working days. No work shall commence until written approval is received from the Architectural Review Committee. Appeals If you disagree with the rejection and explanation of your application, you may appeal the decision. Submit a written request for appeal, along with your comments and the application form, to the committee within ten (10) days of receipt of the disapproval. The Braemar Executive Board will set a date for the review of your appeal. You will be notified so you can attend the meeting. If you wish to modify the original application, please submit a new application and note on it that this is a resubmission. The Process of Enforcement It is expected that all the residents of Braemar Subdivision will follow these guidelines for exterior alterations and landscaping. However, when a complaint is received, or an obvious violation of the guidelines is apparent, the homeowner will be contacted and asked to correct the problem, or submit an application within fifteen (15) days. If this initial contact does not result in correction of the problem, the homeowner will receive formal written notification requesting action. Upon lack of corrective action within thirty (30) days from the date of this notification, a fine of $100 will be assessed. If corrective action is still not corrected within (60) days of this notification, an additional fine of $250 will be assessed. If after (90) days from this notification corrective action is not taken, an additional fine of $500 will be assessed and legal action may be initiated. If you cannot correct the violation within the initial 30-day time frame, contact the Braemar ARC committee immediately to explain your extenuating circumstances, to avoid fines. Each case will be considered on its own merit and is at the discretion of the board. No exceptions will be made after the initial 30-day timeframe the property owner was notified. How to Suggest a New Architectural Guideline or Change an Existing One The Architectural Review Committee welcomes all suggestions. We are a committee made up of homeowners and neighbors, and invite your cooperation; however future changes will require a vote of no less than 2/3 of the association. Please write your request and address it to the following: Braemar HOA C/o Cedar Management 1-877-252-3327 Community Support Hours of Operation: Monday Thursday: 8:30A 6:30P Friday: 8:30A 2:00P http://www.cedarmanagementgroup.com **It is important to note that Braemar HOA and ARC ARE NOT BOUND BY ANY PRECEDENT; that is, the current ARC shall base its decisions on the THEN CURRENT ARC STANDARDS. Page 4
DEFINITIONS "ACCESS PERMIT" shall mean a document issued by the ARC upon approval of construction or improvement plans and payment of all applicable fees. No Member shall obtain a building permit from the applicable governmental agencies without first obtaining all necessary approvals from ARC as set forth in the Standards for Design and Construction herein. ALTERNATIVE POWER GENERATION SYSTEMS shall mean all aspects of non-traditional heating, cooling and power generation systems; for example: solar panels of any type, geo-thermal systems of any type, wind powered systems of any type, or other system that will be visible from outside the home, or intrude on any common area, right-of-way, or easement. ARCHITECTURAL REVIEW COMMITTEE also called ARC shall mean a standing committee of the Braemar HOA ARC carries out its responsibility on behalf of all Members of Braemar HOA to establish an aesthetically pleasing environment for the protection of property values. "BRAEMAR ASSOCIATION and B-HOA shall mean The Braemar Homeowners Association, Inc., a North Carolina nonprofit corporation, its successors and assigns. CLEARCUTTING shall mean the act of clearing a lot(s) by removal of all, or substantially all, vegetation. It is prohibited without a written permit from the ARC "CONTRACTOR" (a.k.a. Builder ) shall mean the licensed general contractor hired by the Member/Applicant. The contractor and his sub-contractors shall be jointly and severally responsible with the Member/Applicant to B-HOA for compliance with its Declarations, Rules and Regulations, and ARC Standards. The contractor is jointly and severally with the Member/Applicant responsible for the implementation of the plans as approved by ARC. The Contractor designated as General, Prime, or Lead shall provide to the Community Manager a list of all Sub-Contractors authorized on the job site, and shall update the list with any and all changes. "DECLARATIONS" shall mean, collectively, the following Declarations of Restrictive Covenants as now or hereafter amended the B- HOA By-laws, Rules and Regulations including the ARC Standards: 0.1 Declaration of Restrictive Covenants for Braemar HOA recorded on May 28, 2004. (covering the Braemar Subdivision Community HOA called, for the purposes of this document, "Braemar ", see Definition below) DENR shall mean the North Carolina Department of Environment and Natural Resources. MEMBER shall mean a Braemar property owner who desires to construct modifications to existing construction or landscaping as set forth herein. The Member/Applicant is jointly and severally responsible with the Contractor for any violations, charges, and fines which may result from any improper actions or omissions hereunder, and agrees to give ARC, or its assigns, full access to the lot during the construction period. If the Member/Applicant is a licensed contractor and constructs his own house, the Member/Applicant shall also be responsible for himself and all sub-contractors. Braemar Subdivision and Braemar HOA shall mean all of the properties and phases within the community known as Braemar. BRAEMAR SUBDIVISION shall mean all of the properties covered under the Declaration of Restrictive Covenants for Braemar and recorded in the Wake County Registry, dated May 26, 2004, as now or hereafter amended. "RELATED CONSTRUCTION ACTIVITY shall mean any work outside of the dwelling that involves the use of heavy machinery, earthmoving equipment, or any other construction activity that changes the appearance of the structure, lot, or landscape, or generates excessive noise or otherwise constitutes a nuisance. "RENOVATIONS, IMPROVEMENTS and/or ADDITIONS" shall mean any structural change to the exterior (including color change) or footprint of the original dwelling STOP WORK ORDER shall mean a written order from ARC or the Community Manager requiring all construction to cease and desist until all conditions of the order are met at the discretion of ARC. Page 5
Limitation of Liability Notwithstanding any other provision of any Declaration, these Standards or the Rules and Regulations, the basis for the review and approval of any application or other matter pursuant to these Standards is limited to aesthetic considerations and good faith efforts to ensure material satisfaction of the requirements set forth in Declaration, these Standards, and the Rules and Regulations. No approval of plans or other documentation by the ARC shall be construed as a representation, warranty or implication that the improvements, if built in accordance with the plans therefore, will, for example, (a) be accurate, complete or otherwise free from defects, (b) meet applicable codes, regulations, and laws (including, but not limited to, building codes and permit requirements), (c) be built in a good and workmanlike manner, (d) meet applicable standards for prevention of soil erosion, siltation and sediment pollution (including, but not limited to, regulations promulgated by DENR or alteration of the natural flow of water and diversion of run-off to adjoining properties or (e) meet applicable standards for structural, mechanical, electrical and all other technical aspects of a proposed design. Neither the Braemar HOA nor the ARC or their directors, officers, committee members, staff or volunteers, shall be liable for any injury, damages, or loss arising out of the manner or quality of approved improvements or modifications on or to any Lot. In addition, in no event shall ARC have any liability whatsoever to an Owner, a Contractor or any other party for any costs or damages (consequential or otherwise) that may be incurred or suffered on account of the approval, disapproval or conditional approval of any plans by the ARC. Notwithstanding any other provision of any Declaration, these Standards or the Rules and Regulations, Applicant and Contractor acknowledge that (a) neither Braemar HOA nor the ARC or their directors, officers, committee members, staff or volunteers possesses professional experience in the matters within its jurisdiction and, therefore, (b) the Association and the ARC and their directors, officers, committee members, staff or volunteers perform their respective functions pursuant to these Standards as volunteers, (c) neither Applicant nor Contractor shall rely upon Braemar HOA or the ARC or their directors, officers, committee members, staff or volunteers to monitor, oversee, inspect or otherwise ensure compliance of Applicant and Contractor with any Declaration, these Standards, the Rules and Regulations or applicable codes, regulations or laws, and (d) the Association and the ARC disclaim all warranties, representations and guaranties, whether express or implied (including, but not limited to, all implied warranties and all representations and warranties as to merchantability or fitness for any particular purpose) related thereto. Page 6
The Guidelines and Restrictions 1. Property Clearing Prior to clearing a lot, the Member must submit a plan to the ARC showing the extent of the clearing, including showing the removal of any desirable living tree. Written approval will include a requirement for silt fences in accordance with DENR rules and regulations where appropriate to protect the lakes/ponds, the roads, and neighboring property. All cleared material must be removed from the lot within 7 days after the completion of the clearing. There are two types of lot clearing addressed in this section. In both types, as in all matters, DENR rules and regulations for soil erosion and sedimentation control must be followed. Lot Clearing-Minor: There are no requirements for permits, or ARC approval, for the manual clearing out of underbrush and undesirable scrub trees as well as the removal of fallen trees, branches and the like prior to construction. But all cleared underbrush, trees, etc. must be promptly removed from the lot. Lot Clearing-Major: A $200.00 damage deposit is required, as well as a plan showing the nature and location of the work required, for the clearing of lots by heavy equipment such as bulldozers, or major removal by other means. This deposit can be waived with prior approval of the ARC. Disturbed ground shall be graded and restored with ground cover. Winter Rye Grass may be used as a temporary measure so long as it is subsequently reseeded with permanent grass. Undesirable trees: Trees within 20 feet of the House may be removed. Undesirable trees may be removed without ARC approval if they are less than 6 inches in diameter from the ground level. Clear cutting is prohibited in any area of Braemar Subdivision. The Contractor shall be responsible for grading and surface drainage such that surface runoff will not adversely affect adjoining properties, roadways, creeks, ponds, or the lake. Appropriate silt fencing must be utilized in accordance with DENR. Sod berms, French drains and catch basins with piped drainage should be considered and may be required as part of the Drainage Plan. Any materials used for drainage control must be integrated into the overall landscape plan to provide a natural and aesthetically pleasing appearance. Significant grading changes from the natural topography will only be approved in extraordinary building circumstances. Notwithstanding anything herein above to the contrary, the Contractor and Applicant shall comply with DENR rules and regulations with regards to preventing sedimentation/soil erosion. Should an ARC Representative observe any such issues, they may be reported to DENR for further handling. Page 7
2. Exterior Appearance This is to ensure all lots meet the overall architectural guidelines. Failure to follow could result in costly modifications. Basic requirements include: Exterior Siding Colors: Approved colors include (but may not be limited to): Most shades of White, Brown, Green, Blue, Beige, and Gray No shade of PINK, PURPLE, or CORAL allowed *** Exterior colors or materials that with respect to the community would be inharmonious, discordant, or incongruous shall not be permitted. Each member must submit, as part of the Final Architectural Review, a color board approximately 24 X 36 showing the color of the roof, exterior walls, shutters, trims, etc. All exterior paint colors, including those listed above, must be reviewed and approved by the ARC BEFORE the house is painted. This includes shutters. Shutters colors must be consistent with the overall color scheme of the house. **Front doors can be repainted without ARC approval as long as it is no shade of pink, purple, or coral. Following is a list of approved exterior materials. Roof Material and Colors: Brown or Black Other types and colors of roofs may be allowed if submitted in writing along with an actual example of the proposed material. Approved Siding Materials 1) Stone 2) Brick 3) Stucco 4) Horizontal or Vertical Siding 3. Permitted Construction Hours Construction hours shall be defined as: 7 AM to 7 PM, Monday through Friday 7 AM to 4 PM on Saturdays The use of heavy earthmoving equipment or noisy outside construction on Saturdays after 4:00 PM is prohibited. No construction or related activity is permitted on Sundays or Holidays. Recognized Holidays Defined New Years Day Memorial Day July 4 th Labor Day Thanksgiving Christmas Page 8
4. Driveways No street side parking areas may be created by extending any portion of street pavement on to easements, ROWs, or road setbacks. Driveways must be constructed using only concrete in order to prevent soil erosion. All Driveway extensions must be approved by ARC and must be constructed using ONLY concrete. No tar, stone, or gravel driveways extensions permitted. 5. Decks ALL STRUCTURES MUST BE CONSTRUCTED TO THE APPLICABLE STATE AND COUNTY BUILDING CODES. Materials: Decks may be constructed of pressure treated lumber, solid redwood, pressboard planking, or white vinyl. Finish: Natural, clear wood, or white only. Railings: Decks thirty inches or more off the ground must have railings. The railings must be no lower than three (3) feet, nor higher than three (3) feet, six (6) inches, measured from the upper surface of the deck floor. Deck railings may be constructed in a variety of styles, provided that all railings on the same deck are of the same style. Lattice: If enclosing any portion of the deck with lattice, it must be of the white or natural wooden lattice. Height: Decks may be no higher than 1 st level and must be approved by the ARC prior to construction. Roofed structures may be placed on a deck. Placement: All decks must be self-supporting with a minimum height of one inch off the ground. All support posts must sit on a solid concrete footing (either block or poured). Decks may be built in various shapes/sizes. 6. Screen Porches /or/sunrooms Screened Porches: Screened porches may be allowed with prior written approval from the ARC. Sunrooms Rooms: additional enclosed living-area structures are permitted, such as sunroom, with preapproval from ARC. It must match house. 7. Pools or Hot tubs All pools must be within a fenced in yard. No pool or hot tub is permitted to be seen from the road. All appropriate permits must be filed with town and county ordinances. Please submit ARC request for approval for any in-ground pool. Above ground pools do not require ARC approval but must be in a fenced yard. Any above ground pool not contained within a fenced yard, must have ARC approval for placement location and appearance. Hot tubs do not require ARC approval as long as they are in a fenced yard. Any hot tub not contained within a fenced yard, must have ARC approval for placement location and appearance. Page 9
8. Day-to-day/Annual Maintenance These tasks are the responsibility of the property owner. This includes: Pressure-washing (at least annually) to remove dirt, grime, and algae buildup Pressure-washing driveways and sidewalks in front of the house (at least annually) Mailboxes must be uniformed with neighborhood standards, no alterations may be made expect to restore appearance. Numbers must be visible on the side of mailbox. Yard maintenance: Lawns must be mowed every week or as needed. This includes proper edging, bush trimming, and weed control. (This includes but not limited to houses, fences, sidewalks, mailboxes, and flowerbed boarder) Flower beds need to be kept up with no visible out of control weeds that can be seen from the road. New mulch/wood chips/ or straw reapplied annually as needed. Lot owners are expected to know there property lines and need to maintain all property areas deeded to them. Clothes lines are prohibited from use on any lot Newspapers cannot be left in yards or driveways 9. Parking Overflow visitor parking is allowed at the parking lot at the end of Braemar Highland Dr. Visitors can park in front of the house they are visiting only, for a period not to exceed 12 hours. Parking in front of a neighbor s house is not permitted. Parking across from another vehicle is prohibited as this will restrict traffic flow. Homeowners are responsible for making sure their visitors adhere to this policy. This will be enforced with a local towing company retained by Braemar HOA, and will be billed at vehicle owners expense. Homeowners are expected to park in their driveways and not on the grass. Street parking by any homeowner is not permitted, for more than 24hours per month. 10. Fences All Fences: All fences must be approved in writing by the ARC, before being installed. Fences must be wooden or vinyl and must be the 6ft-8ft privacy fences; depending on terrain. You must contact a neighbor for written approval to connect to their fence and submit with your ARC request. If you are not connecting your fence, ample room must be allowed in order to maintain around fence. Fences cannot be in front of the house. They are permitted at the rear of the house and will include the area half way down the side of the house. Fences must have a gate. ***As reminder homeowners are responsible for maintaining around their fence. 11. Sheds or Storage Buildings Storage Cabinets: Storage cabinets placed on the exterior of your house must be constructed of high quality plastic (such as Rubbermaid) and must be contained behind a fenced in yard, and no ARC approval is required so long as it cannot be seen. Sheds/Detached Garages: All sheds will be sided, painted, and roofed to match the owner s house. No metal sheds allowed. A detached garage is also allowed as long as lot has space and it matches the home. An ARC request is required for sheds and detached garages. (At no time is a detached garage allowed for human habitation temporarily or permanently) No Carports are allowed. Placement: Storage cabinets should be placed out of site. Sheds should be place in the rear of the yard. Detached garages maybe placed along side of the house, so long as it is not encroaching property lines, and proper town and county guidelines are adhered to. If lot allows, a small garage maybe placed in the rear of the home. 12. Motor Vehicles and Recreational Equipment Storage: All recreational equipment must be stored in owners garage at all times; driveway, street or lawn use is not allowed. Owners are urged to store recreational equipment that is not being used at an off-site location if cannot be stored in their garage. Recreational equipment includes, but is not limited to: Boats/or/jet skis Motorcycles/Scooters/ATV s Golf Carts Trailers Motor homes/or/buses Playsets: children s wooden playsets are allowed to be placed on the property, no ARC approval is required. However, equipment must be maintained. Any equipment that is considered unsafe or falling down must be removed within 7 days. Children s Toys and Sporting Equipment: All children s toys and sporting equipment must be stored out of site when not in use. (This excludes basketball goals) Other Equipment: Trampolines and basketball goals are permitted, but must be kept on owner s property. Items cannot be stored on the road or common areas. Page 10
13. Holiday Decorations Type: Any and all holiday decorations are allowed as long as they are not offensive in nature (as determined by the ARC). Removal: Any holiday decorations must be removed no later than 15 days after the applicable holiday. 14. Yard Art and Patio Furniture No outdoor patio furniture is allowed in the front of the yard unless they are located on a cover porch. The following additional items are allowed in the front of houses, but are not limited to: Flagpoles Flowerpots Statues Fountains Offensive Subject Matter: Any decoration deemed offensive by the ARC (e.g., racist, sexually explicit, etc.) is not permitted on lots, porches, or decks. Appearance: Excessive use of patio furniture and yard art on only a few lots can result in a crowded, untidy appearance to the entire community. Therefore, owners should place such items sparingly and tastefully, in a method that avoids appearing crowded or cramped. Any patio sets on a rear screened porch or behind privacy fences are not regulated by the ARC. No interior furniture is allowed in the front or rear of home. Each lot is limited to one exterior grill that must be covered when not in use, except if it is on a rear covered patio. No grills are allowed to be stored in the front of any lot. Placement: Excessive use of yard art and patio furniture should be avoided. Patio furniture and yard art should be placed on decks and porches with only a few tastefully placed items in the front and rear yards, if desired. 15. Flags and Signs Signs: The only signs allowed in the front yard of any home are real estate signs. Flags: Only one small decorative flag is allowed. US state flags are allowed as long as they are not deemed offensive by the ARC, do not block the view of any property owner, and are not flown at a height above any US flag on the property. Any flag that is worn, ripped, or torn, must be replaced. POLITICAL SIGNS OF ANY KIND ARE NOT PERMITTED. Country/State Flags: The only country/state flags allowed are the United States flag and any official US state flag. The United States flag must always be positioned higher than other flags on the same pole. Security Signage: security signs are allowed on the perimeter of the property, this includes individual No Trespassing Signs: proper permits from the town of Zebulon are required each lot is limited to two signs May not exceed 12 x 12 in size Page 11
16. Propane Tanks Type: Upright propane tanks are allowed. Placement: They may be placed on the side or rear of any lot. Tanks are not allowed in the front of any home. Prior ARC approval is NOT required. 17. Antennas and Satellite Dishes Type: Small antennas and satellite dishes are allowed in the rear or sides of homes without approval of the ARC. Placement: Neither antennas nor satellite dishes may be placed in the front of any lot. 18. Lawn Care and Equipment Material: Except for patios, walkways, and flower gardens, which should be neatly maintained, all open areas on any lot, should be kept as lawns. Height/Care: All lawns (where applicable) should be kept mowed to a height not exceeding four to six (4-6) inches. All owners are expected to ensure grass is not blown into the streets or sidewalks. All yards must be properly edged, trimmed, and grass mowed weekly. Bushes must be trimmed regularly. Owners are expected to ensure grass trimmings are not left on sidewalks and driveways. Equipment: Lawn mowers, string trimmers, shovels, rakes, and other lawn maintenance equipment should be kept out of site when not in use. 19. Garbage and Recycling 20. Pets Garbage containers are provided Waste management. Garbage containers provided by WM only are allowed to be placed a minimum 2ft down the side of the house from front or in the rear of house. Containers are allowed on the garage side of the house only or driveway side of house if home does not have a garage. No exposed garbage is allowed at anytime. If WM containers cannot hold all your contents then trash must be moved to a garage or rear of home. No personal trash cans allowed on any side of the homes. Pet Maintenance: Dogs must be kept on the owner s property or on a leash at all times. Additionally, all dogs must be cleaned up after in all common areas, front yards, sidewalks, and neighboring properties. Notice: Article VIII Section 4 of Braemar Covenants; Pitt bulls and Rottweiler s are not allowed. No livestock or poultry of any kind is allowed. Dog Houses: Small dog houses or kennels are not allowed. The only exclusion to this is a police dog kennel, which does require ARC approval. Kennels would need to be removed if home is sold. 21. Noise No loud music after 10pm at night or before 8am. Any parties commencing or continuing after 10pm must be respectful of neighbors by moving indoors if needed, keeping noise to a minimum, and contained within your home perimeter. **For allowed construction times please see section 3 Permitted Construction Hours Page 12
22. Rental Restrictions Any owner of a residential lot shall be entitled to rent or lease property if: There is a written rental or lease agreement with a copy provided to association s Management Company. Lease must specify the tenant shall be subject to all provisions of this Declaration, and a failure to comply with any provision of this Declaration shall constitute default under the lease agreement. All lease agreements shall provide emergency contact telephone numbers for both the Lessor and Lessee along with vehicle information of lessee. Property may be leased by their Owners to no more than two (2) individuals (excluding children at the age of eighteen (18) or under. Lots may be leased only in their entirety and no fraction or portion of home may be leased or sub-leased. The Owner shall conduct a criminal background check (containing not less than 10 years) on each prospective tenant (age 18 and older) at the Owner s sole expense, and shall provide a copy of each prospective tenant s criminal background check to the Association at least fifteen (15) days prior to the commencement of occupancy of the Unit by the proposed tenant(s). NO persons with a criminal background of any kind will be allowed to lease or live in home. (this excludes traffic violations) NO persons age 18 or older are allowed to live in home without a complete background check conducted. Any violation of this will terminate lease. No lease agreement shall provide for a term of less than one (1) year or more than two (2) years. Each tenant, as part of each written lease agreement, shall be obligated to comply with all of the terms and conditions of the Declaration and all other Governing Documents of the Association, including all Use Restrictions and Rules, and all policies adopted by the Association s Board of Directors, as the same may be amended from time to time (the Governing Documents and Policies ). Each Owner leasing a home shall be obligated to remove, at the Owner s sole expense, by legal means if necessary (including prosecution of eviction proceedings), any tenant who refuses or fails to comply with all of the terms and conditions of the Governing Documents or Policies of the Association. Notwithstanding the foregoing, should an Owner fail to perform his or her obligation to remove, by eviction if necessary, any non-compliant tenant, the Association shall have the right, but not the obligation, to commence eviction proceedings against such non-compliant tenant. To facilitate this remedy, each lease agreement between an Owner and a tenant shall contain mandatory language designating the Association s duly authorized management company as the Owner s attorney-in-fact for the purpose of, and with the authority to, terminate the lease agreement and bring an eviction action against any tenant committing two of more violations of any of the provisions of the Governing Documents or Policies of the Association, or a single violation constituting either a serious breach of the peace, an act of property destruction, or other criminal or nuisance activity. The Association shall notify the Owner of any and all violations committed by his or her tenant(s) and provide the Owner with a reasonable opportunity to attempt to effect a curing of a violation within no more than ten (10) days of the delivery of such notice; provided, however, that if any tenant commits a violation constituting either a serious breach of the peace, act of property destruction, or other criminal or nuisance activity, the Association shall remain obligated to provide notice to the Owner concerning said violation, but shall not be obligated to provide any opportunity for curing of such violation. Delivery of notice by the Association to an Owner shall be deemed effected upon the placement of a correctly stamped and properly addressed notice to the Owner in the U.S mail directed to the address provided by the Owner in the lease agreement, or such other address as the Owner may apprise the Association of in writing subsequent to the execution of the lease agreement. The Association shall recover all of its reasonable cost, including reasonable attorney s fees and paralegal fees and court cost, from the Owner and the tenant(s), jointly and severally, should the Association prevail in the prosecution of an eviction against a tenant or tenants. Page 13
Appendix A Architectural Request Instructions When you contemplate making an alteration to your property, you should first consult the guidelines contained within this document. They will help you in finalizing your plans and will assist you in the preparation of your Architectural Request. After you have studied the Guidelines, complete the Architectural Request using the instructions below to submit: Braemar HOA C/o Cedar Management 1-877-252-3327 Community Support Hours of Operation*: Monday Thursday: 8:30A 6:30P Friday: 8:30A 2:00P http://www.cedarmanagementgroup.com When received, your application will be dated and it will added to the agenda for the next Architectural Review Committee meeting. You will be notified of the time and place so you can attend the meeting, if there are any questions regarding your request. Otherwise you receive an approval letter within 15-30 business days, if your request is straight forward and adheres to the ARC guidelines. Completing the form: Go online to www.cedarmanagementgroup.com/homeowner-central/ Use the drop down menu within the form located to the right of the page, and then select the reason for contacting. Fill out the form completely. Page 14