From the Rules Document Approved 10/07/2009
V. DESIGN GUIDELINES
The Fenwick HOA Application Form is located on the Fenwick Documents page.
A) Establishment: Pursuant to the Declaration of Covenants & Restrictions of the Fenwick neighborhood, the standards and specifications stated below shall constitute the Design Guidelines for the Fenwick Homeowners Association. The methods of enforcement of the provisions of the Design Guidelines in this document are outlined in the last section of this document. All residents need to review these Design Guidelines BEFORE submitting an application for approval to begin any landscape or architectural projects, including additions, or changes to any part of the lot. Any/all costs incurred by removing/redoing a project that has not been or is not approved by the Architectural Committee shall be the responsibility of the homeowner in addition to fines for leaving a project uncorrected.
B) Application: These guidelines DO NOT apply to Fenwick Garden Village, which has its own guidelines.
C) Homeowners’ Projects: All homeowners/residents need to review these Design Guidelines BEFORE submitting an application to begin any landscape or architectural projects, including additions or changes to any part of the lot.
D) Procedures for Approvals
1. Application: An application form must be completed and presented to the Architectural Committee before work is started on any project. The application shall be evaluated to determine the appropriateness for all changes to type or color of structures. The application/approval process shall determine if the change is appropriate for the neighborhood. Applications shall include drawings and descriptions. Starting work before the written letter of approval is received, will result in an automatic $1,000 fine. All work must stop immediately and not resume until an application is approved and a letter is received to approve the project.
2. Notice: The Architectural Committee will approve or deny requests within 45 days of receipt and a letter of approval will be sent. Approval is not complete until the letter is received. If approval is NOT given, all necessary changes must be made to the project to bring it to compliance within 30 days.
3. Completion Time Limit: Approved projects must be completed within 120 days from the date of approval.
4. Inspection: An inspection of the project will take place at this time and a final approval letter will be sent.
5. Incomplete Project: If the project is not completed within this time the approval will become void and a new written approval or extension must be requested. It may be considered a violation if this guideline is not met. Once a project is completed, it is the responsibility of the owner to keep everything in good repair. Allowing any part of the property or buildings to be in disrepair or unkempt, may be a violation of these guidelines and subject to enforcements.
6. Emergency Replacement: Replacement of existing structures or any part of the property does not require an application if replacement is exactly the same as the original in appearance; otherwise approval of changes are necessary.
7. Maintenance: It is the owner’s responsibility to keep a copy of the approval for future reference.
8. Retention of Letter: It is the owner’s responsibility to keep a copy of the project’s letter of approval.
9. No Waiver of Future Approvals: Approval of any/all projects does not inherently imply approval to subsequent projects.
10. Variances: Also, if non-conforming improvements are made and approved by the Board (e.g., through error or hardship, etc.) it is notto be construed as permission for future non-compliance or waiver of future enforcement rights. Under certain circumstances, the Board may authorize variances at times. Inability to obtain permits or other government approval or financing shall not be considered a hardship warranting a variance. As long as the Declarant owns any portion of Fenwick, the Board may not authorize variances for major structural projects without the written consent of the Declarant (excludes fences, storage buildings, etc. which now fall under the authority of the Board).
E) Specific Guidelines: The guidelines include, but are not limited to (see requirements for detached structures below):
1. Roof Specifications: All residences shall incorporate a 8/12 minimum roof pitch for front view and use, as a minimum, 35 year composition shingles for any additions and connected parts of the residence, including covered patios. Due to numerous variations of color any/all changes in roof color and type must be pre-approved; any change in color from the original shingles requires pre-approval from the Architectural Committee.
2. Architectural Details: Construction finishes to the residence may include cast stone, rock accents, shutters, copper, and other materials that are complimentary to existing structures in the neighborhood. Vinyl and wood siding are prohibited. Any additions to the structure after it was originally approved should conform with the construction finishes for the residence.
3. Chimneys: Fireplace chimneys on the structure of the residence must be brick or masonry veneer, except where a direct vent chimney is installed.
4. Mailboxes: All mailboxes must be of brick, with a visible number plate complimentary to existing installations in the rest of the neighborhood.
5. Fencing: Fencing must be black wrought iron, wood, or vinyl. Chain link is only permitted where it currently exists. It may NOT be closer to the street than the front building line of the house. If the lot adjoins the green belt or common area, it must be “see through” non privacy styles. Prior to installation, an owner or builder must submit specifications for any proposed fencing to the Architectural Committee for approval. A survey of the property should be made to locate any fence to avoid possible infringement on neighbor(s) or common property.
6. Painting: Finishes applied as part of any maintenance or refurbishing process must be done with materials and colors that are complimentary to and consistent with other residences in the neighborhood. Prior to commencement of any such project that changes the color of the property the homeowner must get approval from the Architectural Committee.
7. Detached Structures: Detached structures intended for storage may be permitted, subject for approval of the Architectural Committee, and any needed city permits. They shall be built of materials other than metal. Plastic, wood, masonry, and siding may be acceptable depending on placement and size. Position/placement of the structure will be part of the approval considerations. These guidelines apply to ALL outbuildings, whether they are visible from outside the homeowner’s property or not.
8. Play Equipment: Not withstanding previous amendments to the Covenants & Restrictions, all play sets, swings, or other recreational equipment to be installed on any lot, must also be approved, before installation on any lot in the neighborhood. Small equipment, such as “little Tykes”is allowed, but must be kept in an orderly manner if it, or any part of it, can be seen from anywhere outside the homeowner’s property.
9. General Appearance: The property owner is responsible for maintenance of structures, landscaping, and general yard appearance to meet the neighborhood standards stated in the Fenwick CC&Rs. Every Fenwick homeowner shall keep their flower beds free of weeds year round; lawns mowed and edged consistently during the mowing season; bushes shall be trimmed and shaped; trees shall be trimmed and cut back to enhance the property; over grown shrubs and trees that cover over the front of houses or that extend outside of their intended area(s) shall not be tolerated. In the case of lots with new construction, the builder is responsible to meet all neighborhood standards stated in the Fenwick CC&Rs once the structure is completed or within 18 months from the construction start date, whichever comes first.
10. List Not Exclusive: This list is not exclusive and may include such other guidelines or limitations as the Fenwick Homeowners Association Board of Directors may add, as well as such others as may be determined by the Architectural Committee on a case-by-case basis.
11. Height: Although the height of the building is not specific, considerations will be given based on the amount of actual visibility of the detached structure, from the street as well as the neighboring lots. There are no pitch requirements for outbuildings and the requirements for an attached structure do not apply to detached, outbuildings. Approval of height will be made from the application information on a case to case basis.
12. Size: Approval of size will be made from the application information on a case to case basis.
13. Placement: The placement of the structure will be approved based on the visibility of the structure from the street as well as neighboring lots. It must not interfere or block the natural straight line visibility from a neighboring lot. The approval of the placement of the structure will be made based information on the application on a case by case basis.
F) Grandfather Provision: Buildings that were constructed and changes that were made to a structure prior to January 1, 2008, that would otherwise be in violation of these Design Guidelines shall be permitted to remain without change. However, homeowners with this situation should contact the Architectural Committee and request that it issue a letter approving this variance from the Design Guidelines. The Architectural Committee will issue a letter approving any such building or change. Such letter will be essential to protect you and any purchaser of your home if you are charged with a violation of the Design Guidelines at a future time.
G) Enforcement Guidelines:
1. First Letter: When the Board receives a report of a violation of the Design Guidelines, the Board will validate the claim and then send a letter to the homeowner bringing to their attention that they are in violation of one of the Design Guidelines of the Fenwick Homeowners Association. The letter will ask that they come into compliance. It will not discuss fines, liens or other forms of enforcement.
2. Second Letter: If the violation is not corrected, the Board will send a second letter to the homeowner stating the nature of the violation, setting a date by which time the violation must be remedied and notifying them of the potential fines and methods of enforcement available to the Board.
3. Fines: If the violation continues, the Board may impose fines against the homeowner in the amount of $100 for the first month and raised in increments of $100 per month until the guidelines are met, take action to remedy the violation and bill the homeowner for the costs or seek injunctive or other legal relief.
4. Collection and Liens: If the homeowner refuses to pay fines or costs, the Board may turn the debt over to a collection agency to recover the fines and costs or place a lien against the property to recover all such fines and fees.
5. Board Charge: The Board of Directors is charged with the responsibility to enforce the By Laws, Covenants and Restrictions, Design Guidelines, and the Rules and Regulations.
H) APPEALS PROCESS: Homeowners may address the Board at any Board meeting to present their case regarding any action taken by the Board. The homeowner shall notify the Board of any such appeal at least 24 hours prior to the meeting. Upon hearing from the homeowner and any other concerned person, the Board shall render a decision, and such decision shall be final.
I) SPECIAL NOTE: Homeowners should contact the Architectural Committee and request that it issue a letter approving any variance from the Design Guidelines in the case of buildings that have been constructed and changes that have been made prior to the adoption of these Design Guidelines. By obtaining such a letter you will protect yourself and any purchaser of your home from being charged with a violation of the Design Guidelines.