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 not
to 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.
