Fallsmead Homes Corporation
Architectural Control Committee Guidelines, Rules
and Regulations
As amended and approved by the Board
Revised on
I.
Purpose
These
Guidelines, Rules and Regulations are designed to foster a well cared-for
community, to inform the community of standards in a single document, and to
provide a ready reference for Fallsmead homeowners who wish to make exterior
changes to their homes or property.
II.
Policy
The
By-Laws and Covenants (Declaration of Covenants, Conditions and Restrictions,
Article VI) establish the Architectural Control Committee (ACC) and require
homeowners to request review and approval of all proposed exterior alterations,
additions, or changes prior to undertaking such work. The ACC is comprised of three community
residents who are either members of the Board of Directors or appointed by the
Board of Directors. The ACC may approve
or disapprove requests, or decide to bring them to the Board of Directors for
approval or disapproval. Section IV A of
this document contains a compilation of some commonly requested changes, but is
by no means meant to be exhaustive. This
document does not supersede or supplant the By-Laws and Covenants.
III.
Procedures
Requests
for proposed modifications must be submitted to the Chairman of the ACC at
least thirty (30) days prior to the start of work. A form for this purpose (the ACC Request
Form) is included in every issue of the Fallsmead Forum. Forms may also be
obtained from any member of the ACC.
Requests should include sufficient detail to permit a reasonable
review. The detail should include a
description of the changes, materials to be used, color samples, and sketches
or architectural plans. The ACC will
review the request and approve, disapprove, or modify the proposed changes
within thirty (30) days of receipt of the request, and will return a copy of
the Request Form to the homeowner with the decision indicated.
If
the request is disapproved or modified, the homeowner may appeal the decision
by sending a letter to the ACC Chairman with an explanation of the reasons for
the appeal. The ACC Chairman will
distribute copies of the appeal letter to the members of the Board of Directors
who will review the appeal at their next scheduled meeting. The homeowner making the appeal has the right
to attend that meeting to argue his or her case.
The
ACC will review all requests affecting the exterior of homes and property in
Fallsmead, with the exception of those items listed below in Section IV B.
If
the project is approved, any applicable city or county permits are the
responsibility of the homeowner. The ACC
does not express any opinion on building or zoning code requirements or
violations.
Because
many exterior changes impact on neighbors in terms of the view from their
homes, and the noise, traffic, and other disruptions during the construction
process, the ACC strongly encourages homeowners to inform neighbors of proposed
projects.
IV.
Specific
Requirements
A.
The following
are some examples of modifications, changes, and improvements that must be
submitted to the ACC:
1.
Exterior
painting: When a change in any exterior
color is proposed. Color samples should
be submitted with the request.
2.
Siding and
roofing (including skylights and exhaust fans): Any installation or replacement
of siding or roofing even if the color will remain unchanged. Color sample should be submitted.
3.
Storm doors:
They should be mill finished, or match the color of the door or the door
trim. There is a preference for
full-view storm doors.
4.
Storm
windows: They should be mill finished or match the color of the window trim.
5.
Windows and
doors: They may not be changed or added without submitting plans and a description,
and they must conform to the colonial nature of the community. Approval by the ACC is not required if the
replacement windows or doors are identical to the original (including the
window configuration of replacement doors, and the grid configuration of
replacement windows.)
6.
Basketball
backboards: Permanent and portable
backboards must be maintained in good condition, and when practicable, removed
when not in use. Preference is given for
clear/transparent backboards.
A. Permanent backboards:
i.
Front yard – They
must be attached to the house directly above the garage door.
ii. Back yard – They may be attached to a freestanding
pole, but must be screened from neighbors.
B. Portable
backboards: They will be considered on a case-by-case basis.
7. Garbage
can hiders: They cannot exceed four feet
in height, and can only be used for the purpose of concealing garbage cans.
8.
Deck railing
and other deck attachments: Railings and other attachments to a deck that
exceed four feet in height above the deck surface.
9.
Awnings: They
are limited to covering patios or decks.
The design and a color sample must be submitted.
10. Shutters:
The length should match the window or door length. The preferred width is one-half the width of
the window or door, but all shutters must be consistent in width. Either louvered type or raised panel type
shutters are acceptable, but all shutters must be the same type. Color samples should be submitted.
11. Outbuildings, storage structures, and sheds: The size, color, materials, and most
importantly the placement, must be approved by the ACC. Whenever possible, they should be located in
the rear yard where they are not visible from the street. They should also be shielded from view by
neighbors to the maximum extent possible.
Trees, shrubs, and other plants may be used to screen them from view by
neighbors. They must be properly
maintained and are subject to the same exterior maintenance requirements that
apply to our homes. If their structural
integrity or appearance deteriorates, the ACC may require that they be removed
at the homeowner’s expense.
12. Satellite dish antennas: They are permitted if they measure one meter
or less in diameter. The intended
location of the installation must be specified.
The homeowner is required to take all reasonable steps to place the
antenna and cable in an area that is unobtrusive and not visible from the
street.
13. Driveways: There is a preference for asphalt
driveways.
B.
The following
changes, modifications and improvements are permitted without ACC approval:
1.
Fences: If post and split rail type, wooden and
unpainted, not exceeding four feet in height, and located no closer to the
street than the front of the house. Wire
mesh may be attached if not visible from fifty (50) feet away.
2.
Patios and
decks: If located behind the house, are adjacent to or adjoining the house, are
500 square feet or less in size, and have no railings or attachments that
exceed four feet in height above the patio or deck surface.
3.
Exterior
painting: If there are no color changes.
4.
Mailboxes: If
standard size, mounted on a wooden or metal post, and in keeping with the
colonial nature of the community. All
others must be submitted to the ACC.
C.
The following
have been prohibited by action of the ACC and the Board of Directors:
1.
Solar panels.
2.
Satellite
dish antennas that exceed one meter in diameter (see Section A-12).
3.
Driveway expansions
that permit additional off-street parking.
4.
Fences other
than wooden, unpainted post and split rail type. An exception to this has been made for
property lines adjacent to
D.
The following
items and activities are specifically prohibited by the covenants, and the ACC
may not modify these prohibitions:
1.
No commercial
vehicles of any type can remain overnight unless garaged.
2.
No trucks,
trailers or unlicensed motor vehicles of any type can remain overnight unless
garaged.
3.
No boats of
any type are permitted for more than 14 days unless garaged, or screened in a
manner acceptable to the ACC.
4.
No extensive
work such as dismantling and repairing of motor vehicles, boats or machinery of
any type can be done outdoors.
5.
No animals,
livestock or poultry of any kind can be kept or maintained except for dogs,
cats and household pets. No dogs, cats,
or household pets may be kept or maintained for a commercial purpose.
6.
No outside
radio or TV antennas, telecommunications sending or receiving devices
(including but not limited to TV and radio antennas) unless less than ten (10)
feet in height. Satellite dishes are dealt with separately in Sections A-12 and
C-2. All devices must be installed less
than ten (10) feet above the roof peak.
7.
No airing or
drying of clothing or bedding is permitted outdoors after
8.
No noxious or
offensive activities that are an annoyance or nuisance to Fallsmead residents.
V.
General
Guidelines:
A.
Fences: Split rail fences lining common areas and
paths are the responsibility of the homeowner whose property is adjacent to that
side of the path or common area.
B.
Landscaping: Fallsmead is a beautiful neighborhood in part
because of the care its residents give to their lawns and landscaping. Residents are asked to maintain their
property in a safe and well-kept manner consistent with the general standards
of the neighborhood. Homeowners should
also ensure that their plantings do not encroach upon or otherwise obstruct
common sidewalks or pathways.
C.
Remodeling/construction
practices: As more and more neighbors
decide to improve their homes, residents are asked to work closely with their
architects and contractors to reduce the impact of projects on neighbors and to
maintain a safe working environment.
1.
Portable
toilets – If used, portable toilets should be placed as far back from the
street as possible while still being accessible for maintenance.
2.
Materials and
equipment – For safety reasons, homeowners and contractors should work to
ensure that building materials and equipment are stored and secure before leaving
a worksite for any extended period of time.
3.
Consideration
of others – The Board encourages all residents undertaking any sort of
extensive construction or landscaping work to talk with their neighbors about
their plans, timelines and general expectations.