ARCHITECTURAL DESIGN GUIDELINES

 

EASTWOOD COMMUNITY ASSOCIATION

 

A HANDBOOK FOR EASTWOOD AND PRESERVE HOMEOWNERS

 

Revision 0 – August 22, 2001

 

 

This document is available on paper for a copying fee from the management company’s office, the Association’s Modification Committee or the local community’s Architectural Review Committee. All online versions are derived from the official document - in case of differences, the version available from the Management Company’s office or the Association’s Modification Committee is the version to be used. The Modifications Committee will endeavor to keep the online copy current and correct, but no guarantee is given.

 

THESE GUIDELINES ARE SECONDARY TO AND SUPPLEMENT THE DECLARATION OF COVENANTS AND RESTRICTIONS ("C&Rs").

 

FOR ADDITIONAL INFORMATION ABOUT ACCEPTED MODIFICATIONS TO YOUR HOME, CONSULT THE ARCHITECTURAL REVIEW POLICY.


TABLE OF CONTENTS

 

TABLE OF CONTENTS.. 2

1.0  PURPOSE OF THE HANDBOOK.. 4

2.0  BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS.. 5

3.0  ROLE OF THE MODIFICATIONS COMMITTEE.. 6

4.0  ROLE OF THE NEIGHBORHOOD ASSOCIATION, NEIGHBORHOOD COMMITTEE AND NEIGHBORHOOD ARCHITECTURAL REVIEW COMMITTEE.. 8

5.0  ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE MODIFICATIONS COMMITTEE   10

6.0  DESIGN REVIEW CRITERIA.. 11

7.0  NEIGHBORHOOD DESIGN STANDARDS AND GUIDELINES.. 13

8.0 APPLICATION AND REVIEW PROCEDURES.. 13

8.1  APPLICATION FORMAT. 13

8.2 SUPPORTING DOCUMENTS.. 13

8.3 APPLICATION SUBMITTAL. 14

8.3  SEQUENCE AND TIME FRAME FOR COMPLETION OF THE REVIEW... 14

8.4 NOTICE OF APPROVAL/DISAPPROVAL. 15

8.5 RECONSIDERATION PROCEDURE.. 16

9.0 ENFORCEMENT PROCEDURES.. 17

10.0 DESIGN GUIDELINES.. 19

10.1  ANTENNAS.. 19

10.2  ATTIC VENTILATORS.. 19

10.3 AWNINGS.. 19

10.4 CHIMNEYS AND METAL FLUES.. 19

10.5 CLOTHESLINES.. 20

10.6 COMPOST BINS.. 20

10.7 DECKS AND GAZEBOS.. 20

10.8  DOG HOUSES AND DOG RUNS.. 24

10.9 DRIVEWAYS.. 24

10.10 EXTERIOR AIR CONDITIONERS.. 25

10.11 EXTERIOR DECORATIVE OBJECTS.. 25

10.12 EXTERIOR LIGHTING.. 26

10.13 PATH LIGHTS.. 26

10.14 EXTERIOR PAINTING.. 26

10.15 FENCES.. 26

10.16 FLAGPOLES.. 33

10.17 GARAGES.. 34

10.18 GREENHOUSES.. 34

10.19 GRILLS (Permanent) 34

10.20 HOT TUBS/SPAS.. 34

10.21 IN-GROUND WATER SPRINKLER SYSTEMS.. 35

10.22 LANDSCAPING.. 35

10.23 PATIOS.. 36

10.24 RECREATION AND PLAY EQUIPMENT. 37

10.25 SATELLITE DISHES, WIRELESS CABLE AND TELEVISION BROADCAST ANTENNAS   37

10.26 SCREENED-IN PORCHES.. 39

10.27 SECURITY BARS AND SIGNS.. 39

10.28 SIDEWALKS AND PATHWAYS.. 40

10.29 SKYLIGHTS.. 40

10.30 SOLAR PANELS.. 40

10.31 STORAGE SHEDS.. 40

10.32 STORM/SCREEN DOORS AND WINDOWS.. 41

10.33 SWIMMING POOLS.. 43

10.34 TREE DISTURBANCE (Common Areas, Lots, Dwelling Units and Conservation Areas) 44

10.35 VEGETATION REMOVAL (Common Areas and Conservation Areas) 44

Appendix I - Architectural Review Application. 46

Appendix II – Wood, Vinyl and Ornamental Fencing Specifications. 47

General Fence Specifications - Wood. 47

Privacy Fence Styles. 47

Picket Fence Styles. 47

General Fence Specifications - Vinyl 54

General Fence Specifications – Ornamental 56

Setbacks. 58

Golf Course Fencing. 60

Appendix III - Landscaping Specifications. 65

Appendix III - Landscaping Specifications. 65

General Landscape Requirements. 65

Minimum Irrigation Specifications. 65

Planting Materials. 66

Street Trees. 66

Primary Canopy Trees. 66

Flowering Trees. 67

Accent Trees and Specimen Shrubs/Palms. 67

Evergreen Shrubs and Hedges Plants. 68

Deciduous Flowering Shrubs. 69

Ornamental Grasses. 69

Low Shrubs. 69

Groundcovers and Vines. 71

Appendix IV – Umbrella Clothesline Specifications. 73

 

 


1.0  PURPOSE OF THE HANDBOOK

 

1.1  Purpose: The primary purpose of this handbook is to familiarize homeowners of Eastwood and The Preserve at Eastwood with the objectives, scope and application of design standards and guidelines that are intended and will be employed to maintain the aesthetic appearance and environmental quality of the Eastwood and Preserve communities.

 

1.2  Scope: The handbook enumerates specific design standards and guidelines that have been adopted by the New Construction Committee and the Modification Committee. 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 Association.

 

1.3 Use:  This handbook will serve as a valuable reference source and will assist homeowners in preparing acceptable applications for review by the Association's Modifications Committee. All homeowners are encouraged to familiarize themselves with its contents and to retain the handbook for future use.


2.0  BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS

 

2.1  Legal Basis: The legal documents for the Eastwood Community Association contain covenants, including those pertaining to design standards. Legally, these covenants are a part of the deed for each home and are binding upon all initial homeowners and their successors in ownership, regardless of whether or not these owners are familiar with such covenants.

 

2.2 Objectives: The primary purpose of design covenants is to maintain environmental and architectural design standards for the entire community. The promulgation and enforcement of design standards is intended to achieve the following objectives:

 

1.                  maintain consistency with the overall design concept for the community,

 

2.                  promote harmonious architectural and environmental design qualities and features, and

 

3.                  promote and enhance the visual and aesthetic appearance of the community.

 

2.3  Enforcement: The enforcement of design standards not only enhances the appearance of a community but also protects and preserves property values. Homeowners who reside in association communities that enforce design covenants are protected from actions of neighbors that may 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.


3.0  ROLE OF THE MODIFICATIONS COMMITTEE

 

3.1  Membership: All homeowners at Eastwood are automatically members of the Eastwood Community Association. The Association is a Florida non-stock, not-for-profit corporation that owns and is responsible for the upkeep and maintenance of all common properties within the community.

 

3.2  Responsibilities of the Association: The Association is also responsible for the administration and enforcement of all covenants that are applicable to property owners, including design standards and restrictions. The Declaration for the Eastwood Community Association (Article VI) provides that responsibility for the enforcement of design standards shall be exercised through a Modifications Committee, the members of which shall be appointed by the Board of Directors of the Eastwood Community Association.

 

3.3  Responsibilities of the Modifications Committee: The primary responsibility of the Modifications Committee is very broadly defined as follows (Article VI of the Declaration):

 

" The Association shall have a Modifications Committee ("MC") which shall consist of at least three (3) and no more than five (5) members, all of whom shall be appointed by the Board of Directors. The MC shall have exclusive jurisdiction over modifications, additions, or alterations made on or to Lots, existing Dwelling Units or structures containing Dwelling Units and the open space, if any, appurtenant to such Dwelling Units, except for structures on the Commercial Acres.   A separate Modifications Committee shall be established exclusively for the Commercial Acres. The Commercial Acres Modifications Committee shall consist of at least three (3) and no more than five (5) members, all of whom shall be appointed by the Board of Directors.   The Commercial Acres Modifications Committee shall have exclusive jurisdiction over modifications, additions, or alterations made on or to the Commercial Acres.”

 

There may be overlapping membership for the Board of Directors and the Modifications Committee.

 

3.3.1  The Modifications Committee shall be responsible for enforcing the Association's Design Guidelines with respect to exterior modifications to homes and lots proposed by lot owners, other than the Declarant (developer) or a participating builder. The Committee shall review and approve (or disapprove) applications submitted by lot owners for visible exterior additions, alterations or modifications to a home or lot. The Committee's review process shall be governed by the Design Guidelines promulgated by the New Construction Committee or those enacted by the Association’s Board of Directors.

 

3.3.2  The Modifications Committee has no review or approval authority with respect to construction activities of the Declarant or individual builders as to the original construction and warranty repairs of dwelling units. The Association's legal documents provide that the construction activities of the Declarant and builders are subject to Association approval by a New Construction Committee, the members of which are appointed by the Declarant until such time as all lots are conveyed to someone other then the developer or builder. The Declarant has established a comprehensive set of design standards for builders and requires that builders submit construction plans for approval to the New Construction Committee.

 

3.3.3  As part of its responsibilities, the Modifications Committee may make recommendations to the New Construction Committee with respect to the modification of the Design Guidelines initially approved by the Board.


4.0  ROLE OF THE NEIGHBORHOOD ASSOCIATION, NEIGHBORHOOD COMMITTEE AND NEIGHBORHOOD ARCHITECTURAL REVIEW COMMITTEE

 

4.1  Background: The Eastwood Community Association’s Covenants & Restrictions and By-laws allow a neighborhood to have a Neighborhood Committee.  Additionally, many communities had formed Architectural Review Committees to review and recommend applications to the Modifications Committee. 

 

Prior to Turnover of the Association by the developer to the residents, the Modifications Committee was comprised of the developer and its designees.

 

4.2   Responsibilities: The primary responsibility of the Neighborhood Committee is defined as follows (Article III, Section 3, Subsection (b) of the Declaration):

 

(b) Neighborhood.    A Neighborhood is a separately designated, developed residential area comprised of similar types of housing which initially or by amendment are made subject to this Declaration; for example, and by way of illustration and not limitation, fee simple townhomes, single family detached houses, rental apartments and condominiums.   In the absence of specific designation of separate Neighborhood status, all Properties made subject to this Declaration shall be considered a part of the same Neighborhood; provided, however, the Declarant may designate in any Supplemental Amendment adding property(ies) to the terms and conditions of this Declaration that such property(ies) may constitute a separate Neighborhood or Neighborhoods.

 

(i) A Neighborhood may or may not have an association and, therefore, the Declarant may cause the formation of a Neighborhood Committee to act as advisors to the Association.   Neighborhoods shall be governed by a Committee composed of three (3) to five (5) people, elected annually by the Owners residing or owning property within the Neighborhood in the manner provided in Article IX, Section 5 of the By-Laws ("Neighborhood Committee").

 

(ii) As plats for parcels within the Total Property are prepared to be filed, the Declarant may determine if such parcel is in need of a formal Neighborhood Association. The criteria for making this determination will be based on the complexity of the land use, the amount of Common Properties to be in that Neighborhood for use by that Neighborhood, or the requirements of Florida law.  For example, any such parcel which is submitted to the condominium form of ownership is required to have a formal Neighborhood Association.

 

4.3  Role:  The role of the Neighborhood Committee, Neighborhood Architectural Review Committee (if one exists) or the Neighborhood Association (Turnberry Pointe) will be to receive and review architectural review requests.

 

By agreement with the ECA Modifications Committee, if a controlling neighborhood entity does not wish to receive and review architectural review requests, such requests will be forwarded directly to the ECA Modification Committee.  The neighborhood entities, whether they are a Neighborhood Association, Neighborhood Committee or an Architecture Review Committee, shall notify all residents of that neighborhood of the proper method of submitting an Architectural Review Application.

 

The neighbor entity will review the architectural review requests for completeness, clarity, understanding and readability/reproducibility.  The local entity reviewing the application will determine if a pre or post construction walk-through is required and if so may perform the walk-through(s).

 

The neighbor entity will be supplied with a detailed “Reviewer’s Guidelines” document to help them accomplish this task.  The neighborhood entity will not make the final determination on the acceptability of the Architectural Review application.  The ECA Modifications Committee will make that determination.

 

After the neighborhood entity determines that the application is ready for review by the Modifications Committee, it will be forwarded per the process outlined in Section 8.0.

 


5.0  ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE MODIFICATIONS COMMITTEE

 

5.1  Scope: Essentially all changes to the exterior appearance of a building or lot, be they permanent or semi-permanent , are subject to review and approval by the Modifications Committee. The review process is not limited to major additions or alterations, such as adding a room, deck, or patio. It includes such minor items as changes in color and materials. Approval is also required when an existing item is to be removed.

 

5.2  Exceptions to Scope: There are a number of exceptions to this otherwise inclusive review requirement.

 

1.      Building exteriors may be repainted or re-stained provided that there is no color change from the original. Similarly, exterior building components may be repaired or replaced as long as there is no change in the type of material and color.

 

2.      Minor landscape modifications will also not require an application. This includes single specimen plantings, annuals and accepted mulch bed edging (see section on Landscaping). In general, landscape modifications of a small scale 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 will be exempt from the design review process.

 

3.      The installation of sixteen (16) or fewer "path lights" will not require an application. The installation of seventeen (17) or more "path lights" will require an application.  Subsequent installations of path lights that, when combined with the existing lights, exceed sixteen (16) lights shall require approval.

 

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 Modifications Committee before proceeding with the modification.

 

5.3    Certificate of Compliance

 

5.3.1  The Architectural Review Application will identify those projects requiring a final inspection (post construction review) and issuance of the Certificate of Compliance.

 

5.3.2  A Certificate of Compliance may be requested at any time by writing to the Association’s Property Manager or the Modifications Committee.  The Property Manager or Modifications Committee member will visit your property and review the Modifications Committee files.  A Certificate of Compliance will be issued if (i) there has been no modification to the property or (ii) all modifications have been installed to the plans and specifications approved by the Modifications Committee.

 

6.0  DESIGN REVIEW CRITERIA

 

6.1  Rational:  There is an advantage to design standards and guidelines which provide definitive "do's and don'ts", with no reliance on subjective opinion. Such specificity provides clear guidance to homeowners as to whether or not contemplated improvements will be permitted.

 

To the extent possible, specificity has been incorporated in the design standards. However, total specificity is neither possible nor desirable. The appropriateness and acceptability of particular modifications, particularly those of a major nature, may depend on a number of circumstances and factors that must be documented and evaluated on a case-by-case basis. A modification that is appropriate for one residence, lot size or location may be inappropriate in another situation.

 

6.2  Criteria: The criteria listed below provide the basis for both the development of design guidelines and the evaluation of individual design proposals by the Modifications Committee.

 

1.      Design Compatibility. The proposed modification should match the architectural characteristics of the applicant's house, and be compatible with adjoining houses and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, and similar use of materials, color and construction details.

 

2.      Scale. The scale of the proposed modification should relate to the size of the applicant's home, the location and size of the lot, adjoining homes and surroundings. This criteria applies to both structural and landscape modifications.

 

3.      Impact on Neighborhood. The proposed modification should relate favorably to the landscape, the applicant's home, adjacent homes and the neighborhood. Consideration will be given to both visual and functional impacts on neighbors. Visual impact refers to the aesthetic appearance of the proposed modifications, which includes consideration of design quality, scale, location and architectural compatibility. Functional impact refers to such concerns as view, sunlight, ventilation and drainage. Examples of adverse functional impacts include structural additions that would cause a material loss of sunlight or ventilation to a neighboring dwelling, and an alteration in topography that would change natural drainage patterns to the detriment of a neighboring property.

 

4.      Color and Materials. Continuity or compatibility of color and finishing materials with the original construction and surrounding dwellings will be a specific consideration in evaluating appropriateness of proposed modification.

 

5.      Relationship to Environment. Proposed modifications should not have a negative impact on the natural environment. The removal of trees or other vegetation, grading and other topographical alterations will be assessed for potential adverse impacts, such as material change in the rate and/or direction of storm water run-off and soil erosion.

6.3  The affect of all construction on neighboring properties and common areas will be considered in the planning and execution of all major projects.  Construction such as pool installation, fence erection or other major structure erection will have a significant impact on your neighbors and the common areas near your property.  As such, the following are required for all fence, pool, screen house, screen enclosure and any other major structural erection.

 

6.3.1  Notification of your neighbor is recommended and encouraged by the Modifications Committee and the Eastwood Community Association Board of Directors.  To evaluate any adverse impact on your neighbors and common areas, the Modifications Committee may require a pre-construction review of the proposed project.

6.3.2  Common areas and/or right-of-way areas (sidewalk and the easement strip between the sidewalk and the roadway) are adjacent to all residences in Eastwood and the Preserve.  This area must not be blocked during construction and any damage due to the homeowners project must be repaired within one month of completion of that portion of the project creating the damage.  If more than one month is required, this shall be brought to the attention of the Modifications Committee for approval of an extension.

 

6.3.3  Properties adjacent to your home that may be impacted adversely and in all instances where damage to lawn, landscaping or other property not of your own may occur, you must notify the affected party.  Any trespass on an adjacent property must be approved by the owner of that property.  Any damage to an adjacent property must be repaired to the adjacent property owner’s satisfaction within two weeks of completion of that portion of the project creating the damage.  If more than two weeks is required, this shall be brought to the attention of the Modifications Committee and the property owner affected.  Approval of an extension is required by both the Modifications Committee and the affected property owner.

 

6.3.5  Any damage to lawn and landscaping on your property must be repaired within one month of completion of that portion of the project creating the damage or when no additional damage is expected.  This includes the replacement of lawn and landscaping damaged by workman and machinery.

 

6.3.4  Any damage to adjacent properties, common areas or your own property not repaired and returned to its original condition as required above will be considered a violation of this document with enforcement provisions per Section 9.0 applicable.

 

 

 

 

 

7.0  NEIGHBORHOOD DESIGN STANDARDS AND GUIDELINES

 

7.1  General Applicability: The design standards and guidelines detailed in this handbook shall be applicable to all single-family residential lots in the Eastwood Community, which includes lots improved with single-family detached dwellings.  In addition, supplemental design standards and guidelines that are specific to each individual residential neighborhood may be developed, as necessary and appropriate.

 

7.2  Neighborhood Guidelines: Neighborhood guidelines will address standards based on distinct features and characteristics of the living units, lots, and neighborhood environment for the individual neighborhoods. The New Construction Committee will develop such guidelines with input from the residents of the individual neighborhoods and their Architectural Review Committees if one exists.  Once all lots are conveyed to someone other than a builder, the Modification Committee will develop such guidelines with input from the residents of the individual neighborhoods and their Architectural Review Committees if one exists.

 

7.3  Supplemental Design Standards: For supplemental design standards specific to the individual neighborhoods to be considered, conveyance of fifty percent (50%) of the units in the neighborhood to persons other than a builder must have occurred, and neighborhoods must obtain the consent of seventy-five percent (75%) of the neighborhood unit owners. Until such time as one hundred percent (100%) of the Properties in Eastwood have been developed and conveyed to purchasers, the Neighborhood Committee Chair must present the proposed change to the New Construction Committee (NCC) for a decision. Upon the expiration of the rights of the NCC, once the neighborhood has approved the change, the Neighborhood Committee Chair must present the proposed change to the Modifications Committee for review and approval.

 

8.0 APPLICATION AND REVIEW PROCEDURES

 

Application and review procedures that will be used by the Modifications Committee are detailed below.

8.1  APPLICATION FORMAT


8.1.1 All applications for proposed modifications must be submitted in writing using the application form authorized by the Modifications Committee. A copy of the standard form (Appendix A, Exhibit 1) is included in this handbook. Applications must be complete in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies to be remedied in order to be considered for review.

8.1.2 Two (2) copies of applications must be submitted.  One original and one first generation copy are acceptable.  Both shall be legible.  Fax copies will not be acceptable.

 

8.2 SUPPORTING DOCUMENTS

 

8.2.1 The application must include a complete and accurate description of the proposed modification(s). In order to permit evaluation by the Modifications Committee, supporting exhibits will frequently be required. Examples include: sites plan showing the location and dimensions of the proposed modifications; architectural drawings or plans, as applicable; landscape plan; material and/or color samples, etc. The design guidelines and application form provide guidance with respect to the supporting documentation required for various types of modifications.

8.2.2 Two (2) copies of all supporting documents must be submitted.  Two (2) first generation copies are acceptable.  Both shall be legible.  Fax copies will not be acceptable.  Do not submit originals as they will not be returned.

 

8.3 APPLICATION SUBMITTAL

 

8.3.1 Applications will be submitted in the following hierarchy.

 

  1. To the Neighborhood Architectural Review Committee if one exists.

  2. If one does not exist, all architectural review requests will be submitted to the Neighborhood Association.

 

  1. If one does not exist, all architectural review requests will be submitted to the Neighborhood Committee.

 

  1. If the local entities do not review architectural review requests, all architectural review requests will be submitted to the ECA Modifications Committee.

 

8.3  SEQUENCE AND TIME FRAME FOR COMPLETION OF THE REVIEW

 

8.3.1 The Modifications Committee is required to approve or disapprove any proposed modification within thirty (30) days after the receipt of a properly completed application. However, the thirty 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 modifications to first ensure that they are aware of all required supporting documentation prior to submitting a Architectural Review Application.

 

8.3.2 Routine processing typically includes the following steps.  For neighborhoods with Architectural Review Committees (ARC), Neighborhood Association (NA) and/or Neighborhood Committees (NC), the applicant will be communicating directly with their neighborhood’s ARC, NA or NC.

 

A.     An application is submitted to the Modifications Committee.

In the case of neighborhoods with Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or Neighborhood Committees (NC), the application is submitted directly to their contact person.

B.     If the application is complete, the Modifications Committee schedules the application for consideration at the next Modifications Committee meeting.

In the case of neighborhoods with Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or Neighborhood Committees (NC), their contact person submits the application directly to the Modifications Committee.

 

C.    If the application is incomplete, the Modifications Committee  communicates with the applicant on necessary additional application information.

In the case of neighborhoods with Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or Neighborhood Committees (NC), the committee chair or lead will contact the applicant.

 

  1. Modifications Committee informs the applicant in writing of the Committee's decision.

 

  1. Approval/disapproval information is supplied to the Managing Agent's on-site staff.

 

  1. Approved projects must be commenced within six (6) months of committee approval.  After six months, re-submittal and re-approval is required.  All construction shall be completed in a timely and continuous manner and within such time parameters as the Committee may reasonably establish.  Incomplete work that continues beyond the time parameters established by the Modifications Committee must be removed within 30 days of the termination of the construction time period.

 

  1. Homeowners, who make modifications that were disapproved, or who make modifications without the prior approval of the Modifications Committee as appropriate, shall be subject to the Association's enforcement procedures that include hearings and the subsequent imposition of monetary charges.

  2. As a final step in the application process, the applicant shall notify the Modifications Committee once construction is complete; the process is not complete until the inspection is performed. The Managing Agent or Modification Committee will then inspect the site to certify the completed work, and will issue a Certificate of Compliance to the applicant.

     In the case of neighborhoods with Architectural Review Committees (ARC), Neighborhood Associations (NA) and/or Neighborhood Committees (NC), the applicant shall notify the ARC, NA or NC once construction is complete.  The ARC, NA or NC shall inspect the site to certify the completed work. If needed, the Managing Agent or Modifications Committee member will inspect the completed work.

 

8.3.3 Applicants may request the Modifications Committee reconsider disapproval decisions (see "Reconsideration Procedure" which follows).

8.4 NOTICE OF APPROVAL/DISAPPROVAL

 

8.4.1 Homeowners who have submitted Architectural Review Applications will be given written notice of the decision of the Modifications Committee.

 

8.5 RECONSIDERATION PROCEDURE

 

8.5.1 Homeowners who have submitted Architectural Review Applications may request that the Modifications Committee reconsider a denial or a stipulation of approval if the applicant believes that the Modifications Committee did not receive or may not have been aware of certain circumstances that may have resulted in a different decision. A homeowner may request the Modifications Committee reconsider their application by submitting a written request to the Committee within ten (10) days after the date of an action by the Committee. This request should include any new or additional information that might clarify the requested change or demonstrate its acceptability. The Modifications Committee is not obligated to hear a "reconsideration request" if they judge that, after reviewing the newly submitted information, their previous decision would not change. The Modifications Committee must respond, in writing, to a request for reconsideration within thirty (30) days from the date of receipt of such request by the Committee. However, a failure to respond within thirty (30) days shall not be deemed an approval of the previously denied application.

 

8.5.2 Appealed applications that are disapproved by the Modifications Committee may be appealed to the Eastwood Community Association Board of Directors at the next scheduled Board of Directors meeting.  This appeal to the Board of Directors is not an automatic right of appeal and it will be up to the Board whether or not to hear the appeal.

8.5.3 The decision of the Eastwood Community Association Board of Directors will be final for all appeals heard.


9.0 ENFORCEMENT PROCEDURES

 

9.1 Article X, Section 2 of the Declaration allows for enforcement when “Failure of an Owner to comply with a provision in this Declaration or a provision in the By-laws, Articles or Rules and Regulations of the Association shall provide the Association and each Owner with the right to bring legal action in law or in equity, including but not limited to an action for injunctive relief, damages, or a combination thereof.”

 

9.2  The Rule and Regulation - Fines (2001-BOD-RESOLUTION-001, dated 4/18/01) allows for the Board to fine residents that fail to comply with the provisions of the Declaration, By-laws, Articles or Rules and Regulations.

 

9.3  Article VI, Section 8 of the Declaration also allows the Modifications Committee to rectify noncompliant conditions resulting from an inspection of work, if the work completed is not substantially in compliance with the approved plans and specifications, following a reasonable opportunity to cure the alleged non-compliance as outlined in the Declaration.  This action is applicable to work that was approved but not completed in accordance with the approved plans and specifications. 

 

9.4 Violation of the Architectural Design Guidelines or Architectural Review Policy may be reported by any owner in writing to the Modifications Committee. Violations will be processed in the manner approved by the Association and documented in the Declaration of Covenants and Restrictions as well as any enacted Rules and Regulations.  Generally, the following process will be followed: 

 

(a) The alleged violation(s) will be inspected by a member of the Board of Directors, the Modifications Committee, its designee, or an agent of the Association.

 

(b) If an alleged violation(s) exist, the violator will receive written notice to abate the violation with ten (10) days of receipt of the letter.

 

(c) If the violation continues beyond the 10 day abatement period (15 days will be given to allow receipt of the letter), a notice will be sent to appear before the Enforcement Review Committee regarding the proposed sanction.  If this is a second violation of the same covenant, restriction, rule or regulation, step (b) above is not applicable and the step (c) letter will be sent.

 

(d) Pending the result of the Enforcement Review Committee's hearing, a fine imposed by the appointed committee shall not exceed $100.00 per violation committed; provided, however, that in the event of a continuing violation, fines may be assessed for each day the violation exists, up to a maximum aggregate fine of $1,000.00.

 

Article VI, Section 8 of the Declaration also allows the Modifications Committee to address non-compliant conditions resulting from an inspection of work, if the work completed is not substantially in compliance with the approved plans and specifications, following a reasonable opportunity to cure the alleged non-compliance as outlined in the Declaration.  This action is applicable to work that was approved but not completed in accordance with the approved plans and specifications.

 

The Association also retains the right to commence litigation to address a violation, if the Board determines this to be a necessary or appropriate course of action in a given set of circumstances. In the event that litigation is commenced to address a violation, the prevailing party generally is entitled to recover its reasonable attorney's fees and costs of court from the non-prevailing party (through trial and all appeals).

 


10.0 DESIGN GUIDELINES

 

10.1  ANTENNAS

 

Please see the section on "Satellite Receivers and Antennas" for guidelines on exterior antennas, satellite dishes, or similar devices.

 

10.2  ATTIC VENTILATORS

 

10.2.1 Attic ventilators are permitted if painted to match the color of the roof (if roof mounted) or the color of the house siding or trim (if mounted on a gable end).  Ventilators should be mounted on the least visible side of the ridge line so as to minimize their visibility and should not extend above the roof line.

 

10.2.2 Attic turbines are NOT permitted. Attic Turbines are external devices that mount on the roof of the home and resemble turbine blades that may be either motor driven or wind driven.  External attic motor driven fans are also prohibited.

 

10.3 AWNINGS

 

10.3.1 The Committee must approve all awnings. Fabric type retractable awnings or pole supported awnings must be compatible with the living unit and will be considered on a case by case basis. The fabric must be of a color compatible with the dwelling trim color. Only awnings on the rear elevation of the home and hidden from view of the street the home resides on or other adjacent streets will be considered.  Window awnings are prohibited.

10.3.2 If approved, awnings must meet the following criteria:

 

a. They should be of a plain design without decorative features, such as scallops, fringes, etc.

 

b. Solid colors that are compatible with the color scheme of the house should be used, rather than stripes or patterns.

 

c. They should be consistent with the visual scale of the house to which attached.

 

d. Pipe frames or structural supports for canvas awnings (or similar material) should be painted to match the trim or dominate color of the house.

 

10.4 CHIMNEYS AND METAL FLUES

 

10.4.1 Chimneys must either be masonry or enclosed in the same finish material as the exterior of the home to which attached.  Masonry elevations require masonry chimneys.  Metal flues and chimney caps must be painted and any vent protruding through the roof must be painted the same color as the roof.

 

10.5 CLOTHESLINES

 

10.5.1 A portable folding “Umbrella” type clothesline for the exterior drying of clothes is permitted.  No other structure may be erected upon which to fasten clothesline for the intended purpose of drying clothes.  See Appendix IV for design specifications. 

 

10.6 COMPOST BINS

 

10.6.1 A compost bin is defined as a contained, properly maintained area for decomposition of plant materials such as grass clippings, leaves, and small brush which is then used for mulching or soil conditioning. In an effort to support recycling efforts and conserve landfill space, the Modifications Committee will permit compost bins on residential property, provided that the following conditions are met:

 

1.         Location:  The bin is to be located at the rear of the property no less than 10 feet from the rear and side property lines for single-family homes unless the yard has privacy fencing.

                                               

2.         Screening:  The bin is to be shielded by landscape screening, subject to case-by-case application and notification of adjacent neighbors by applicant.

 

3.         Dimensions:   The maximum size of the bin is 4 feet wide, 4 feet long and 3 feet high. Single-family homes will be allowed up to two bins per property.

 

4.         Color:  The color of the bins will be natural wood, black, dark gray or earth tones.

 

5.         Use and Maintenance:   The bin(s) is used to compost only plant materials such as grass clippings, leaves, and small brush, and is turned regularly to prevent odors and aid decomposition.  No household waste (kitchen scraps) or animal waste shall be composted in order to avoid odors, rodents, or health hazards.

 

6.         Grass Cuttings:  Mulching mowers are recommended to eliminate the need to dispose of or compost grass cuttings.

 

10.7 DECKS AND GAZEBOS

 

10.7.1 The Modifications Committee must approve ALL decks and/or gazebos.  Homeowners are advised to consider the following factors:

 

10.7.1.1 Location.  Decks and gazebos should generally be located in rear yards.  Front yard decks are not allowed.  Side yard locations will be evaluated on their individual merit.

 

10.7.1.2 Scale and Style.  The scale of all decks and gazebos shall be compatible with the scale of the house as sited on the lot.  Decks, particularly elevated decks, should be of a scale and style which are compatible with the home to which attached, adjacent homes and the environmental surroundings.  In some cases, specific limits will be placed on the scale or style of decks which will be approved, based on considerations of density, visibility and scale and size of decks provided as standard builder features or options.

 

10.7.1.3 Setback Requirements.  Setbacks imposed on lots within Eastwood by Orange County during subdivision can be either front yard, side yard, or rear yard setbacks.  The setback for a particular lot or parcel is shown on the record plat for the parcel and is based on the zoning district for the lot or parcel.  It is important to the aesthetic look of the community that the setbacks be respected.

 

All setbacks required by the Orange County Zoning Division will be met unless a variance is requested and approved by both the Orange County Zoning Division and the Eastwood Modification Committee.

No porch, patio or deck shall extend closer than eight (8) feet of any lot line or more than thirty (30) inches above finish grade unless approved by the Modifications Committee and meeting all applicable Orange County Building and Zoning Codes. 

 

10.7.1.4 Materials.  Decks must be constructed of smooth cedar, cypress or high-quality exterior grade pressure treated pine lumber. All nails and fasteners must be aluminum, galvanized steel or stainless steel.

 

10.7.1.5 Color.  The finish to all wood surfaces except the deck boards on the horizontal floor of the deck and stairs shall be:

 

1.   Opaque (solid) stain in white or house trim color, OR

2.   Sealed (clear/transparent waterproofing with no color), OR

3.   Transparent stain compatible with the exterior color scheme of the house.

4.   Only one of these criteria to be allowed to each lot.

5.  Natural Finish (untreated) will NOT be allowed.

 No opaque or solid stain is to be used as a finish except in the case of Color Option 1 (above).

 

10.7.2 Definitions. The words in Section 10.7.1.5 shall have the following meanings:

 

10.7.2.1 "natural finish" means the wood is left untreated.

 

10.7.2.2 "opaque stains" means exterior grade solid color paints or stains which hide the natural finish and grain of the wood.

 

10.7.2.3 "seals" means exterior grade clear (transparent) coatings that protect the natural finish without changing the natural color of the wood.

10.7.2.4 "transparent stains" means exterior grade wood stains that protect and retain the natural finish of the wood but alters its natural color.  The grain of the wood shall be visible through the stain.

 

10.7.3  Homeowner Requirements

 

10.7.3.1 The owner shall retain the receipt for the seal, stain or paint for a period of five years.  A copy of this receipt shall be maintained in the final Architectural Review Application file and must be submitted prior to final inspection of the completed work.
All decks provided by builders will remain subject to the "Builder Program".

 

10.7.3.2 The following shall be required to maintain the deck or gazebo in an aesthetically pleasing condition.

 

§         All decks or gazebos to be maintained regularly.

 

§         Clear seal decks or gazebos to be re-coated in accordance with manufacturers recommendations but not less than every two years.

 

§         Opaque stained decks or gazebos to be re-stained if the stain becomes discolored or begins to peel and/or flake.

 

10.7.4  Under Deck Storage

10.7.4.1 Elevated decks have an under deck area which can have a negative visual impact on adjoining neighbors, particularly when used as an informal storage space. 

10.7.4.2 The Modifications Committee, particularly in the case of high decks, will require the use of decorative screening to minimize adverse visual impacts. All decks that require screening must detail the type of screening to be used, color/finish and materials on the Architectural Review Application.

 

10.7.5 Deck Railings

 

10.7.5.1 These design guidelines are to establish aesthetic standards only and the applicant is to notify the Modifications Committee if a regulatory agency requires a modification to comply with Federal, State, County, or Construction Industry standards ("Codes") relating to structural design or safety matters.

 

10.7.5.2 Specifications are as follows:  

 

           Deck railings may not exceed 4'-0" in height, measured from the deck floor to the top of the uppermost horizontal member.

           All cross section dimensions for lumber are described and shown in nominal sizes (deduct approximately 1/2" for actual size).

 

           All stair railings will match the deck railings on all decks.

 

           Posts to be either:

 

-     4" x 4" square section or

 

-     6" x 6" square section.

 

           All posts to have the decorative pointed top.

 

           Posts to be spaced no less than 4'-0" apart (center to center) and no greater than 8'-0" apart (center to center).  All posts to be spaced evenly.

 

           All pickets to be 2" x 2" nominal square section (no turning).  All pickets to be spaced evenly. Turned pickets are either round or oval and are not allowed.  Square pickets are rectangular and may have rounded edges.  Squared pickets are allowed.

 

           Pickets to be spaced no greater than 5 1/2" apart center to center (i.e., 4" space between pickets) and no less than 3 1/2" apart center to center (i.e. 2" space between pickets).  The maximum dimension may have to be reduced if required by Codes.

 

     All pickets will be vertical.

 

     Pickets will be "sandwiched" between the top and bottom 2" x 4" rails or,

 

     Pickets will be fixed to the face of 2" x 4" top and bottom rails installed "on edge".  The top of the picket will abut the underside of a 2" x 8" handrail with a 90-degree crosscut or will have a 45-degree crosscut on the face with a 2" x 6" handrail.  The bottom of the picket may (i) not extend below the bottom rail (ii) may have a 45 degree crosscut on the face and (iii) must be within 1" of bottom 2" x 4", except.

 

     Fascia boards are required and must cover the edge of the deck boards and all or part of the supporting joist.  Fascia boards can be 1" or 2" nominal thickness.  The minimum section of fascia boards is 1" x 4".

 

     Fascia boards can be behind the posts, in front of the posts, or between the posts.

 

     It is recommended that all fascia board joints are mitered to conceal the end grain.

 

     Handrails can be 2" x 4" and/or 2" x 6".

 

10.7.5.2 The Modifications Committee may consider a custom railing, if the proposed deck is not visible from any road within Eastwood, any hiker/biker trail, or any recreation area with recreation facilities (i.e., tot lot, ball field, etc.) and all the adjoining owners.

 

10.7.6  Privacy Screens/Walls. 

10.7.6.1 Privacy screens or walls installed at the deck level are not permitted in the case of elevated decks.  Privacy screens or walls appended to decks for under deck storage shall be in accordance with and reviewed to the following.

 

·        The posts may be either 4" x 4" or 6" x 6", however, the homeowner must use the same dimensions as the posts in the deck railing.

 

·        In all cases, the amount of privacy screening on decks and its location will be evaluated by the Modifications Committee in terms of any adverse visual impact for adjoining lots, both in terms of scale and the obstruction of sight lines.

 

10.7.6.2 Privacy screening will be considered on an individual basis in the case of ground level decks.

 

10.7.6.3 Only the Board of Directors may grant a variance to the above as provided in Article VI, Section 10.  Variance of the Amended and Restated Declaration of Covenants and Restrictions for Eastwood.

 

10.8  DOG HOUSES AND DOG RUNS

 

10.8.1 Doghouses will be approved if compatible with the applicant's house in terms of color and material.  Doghouses may not exceed sixteen (16) square feet of floor space and may not exceed four (4) feet in height at the highest point.  They should be located where visually unobtrusive to neighbors and the use of appropriate screening is encouraged, and may be required in some cases, in order to minimize any negative visual impacts.

10.8.2  Dog runs are prohibited.

10.8.3 Electronic Fencing may be approved if meeting the following conditions:

·        Written approval of adjacent neighbors;

·        Side yard setback even with the rear elevation of the home must be met; and

·        Side yard and rear yard fencing must be setback at least three (3) feet from adjacent dwelling unit or vacant lot property lines.

 

 

 

10.9 DRIVEWAYS

 

10.9.1 Extensions, modifications and additions to driveways will be considered only if there is no adverse aesthetic or drainage impact on adjoining lots or common area.  Additions or modifications must be of the same materials as the existing driveway. 

 

10.10 EXTERIOR AIR CONDITIONERS

 

10.10.1 Individual air conditioning units extending from windows are prohibited. 

10.10.2  Exterior air conditioning units or heat pumps may be relocated or added if there is no adverse visual impact to adjoining properties.  The Modifications Committee must approve such relocation or addition.

10.10.3  Exterior air conditioners should be screened from view to the greatest extent possible.

 

10.11 EXTERIOR DECORATIVE OBJECTS

 

10.11.1 General Approval: Approval will be required for all exterior decorative objects placed in front or side yards - except for small decorative objects that are discussed subsequently - whether natural or man‑made, which were not part of the original construction design, either as a standard or optional feature. Examples requiring approval include but are not limited to:  bird houses, bird baths, driftwood, weather vanes, sculptures, fountains, freestanding poles of all types, window boxes and any items attached to approved structures.

 

10.11.2 Decorative Objects: For decorative objects that require approval, these will be evaluated in terms of their general appropriateness, size, location, compatibility with architectural and environmental design qualities, and visual impact on neighborhoods and the surrounding area.

 

10.11.3 Sculpture and Freestanding Structures Greater Than 18” in Height: For sculptures, garden statues, birdbaths, birdhouses, and similar items located in rear yard locations, approval is not required.

·        Birdhouses and bird feeders must measure less that 12" x 12" X 12", and must not number more than four per lot. Bird feeders and birdhouses are not allowed in front yards or in side yards visible from the street.

 

·        Two sculptures, garden statues or other freestanding structures per front yard per lot, measuring not larger than 2' x 2' x 3' are allowed.  The allowed amount (two) is not cumulative.  Only two “total” freestanding structures are allowed. 

·        Additional sculptures, statues or free standing structures are allowed in the rear yard if not visible from the road or adjacent neighbors yards (i.e. screened due to landscaping, fence or conservation area).

 

·        One birdbath per rear yard per lot, measuring not more than 36" high with bowl not larger than 24". Bird baths are not allowed in front yards or in side yards visible from the street.

 

10.11.4 Small Decorative Objectives: Approval is also not required for small decorative objects placed anywhere on the lot provided all the following criteria are met.

 

·        Objects are less than eighteen inches (18") in height.

 

·        Objects are unpainted stone, wood, soapstone, marble, or other natural materials in earth tones.

 

·        There is a limit of eight (8) such objects per lot.

 

10.12 EXTERIOR LIGHTING

 

10.12.1 Original Lighting: Lighting which is part of the original structure may not be altered, except for the addition of a small motion sensitive sensor to the light fixture, without prior approval of the Modifications Committee.  Proposed replacement or additional fixtures must be compatible in style and scale with the applicant's house.

 

10.12.2 Direction of Lighting: No exterior lighting shall be directed outside of the applicant's property.  Proposed additional lighting shall not be approved if it will result in an adverse visual impact to adjoining neighbors due to location, wattage or other features.

 

10.12.3 Floodlights: Floodlights (maximum 4 bulbs per house) may only be attached to the rear elevation of house and are to be positioned not to cause glare to neighbors or vehicular traffic. Exterior lighting to the side and front elevations of a house may be decorative light fixtures such as carriage lights.  Ground level decorative floodlights are not allowed.

 

10.13 PATH LIGHTS

 

10.13.1 No application will be required for the installation of sixteen (16) or fewer small, exterior, low-voltage lights that are placed along sidewalks or along the sides of driveways.  An application is required for the installation of seventeen (17) or more of these lights. Subsequent installations of path lights that, when combined with the existing lights, exceed sixteen (16) lights shall require approval.

 

10.14 EXTERIOR PAINTING

 

10.14.1 Repainting with Original Color: An application is not required in order to repaint or re-stain an object  to match the original color.

 

10.14.2 Exterior Color Changes: Specific limitations and requirements for color changes may be addressed in design guidelines for individual neighborhoods. All exterior color changes must be approved.  This requirement applies to siding, doors, shutters, trim, roofing and other appurtenant structures.

10.14.3 Color Pallet: Only colors in subdued or neutral tones will be considered for the body color. Bright or high intensity colors will not be permitted. 

10.15 FENCES

 

10.15.1 General

10.15.1.1 Background: The subject of fences is more difficult to treat than many other items since fences can serve a number of different purposes and can have a very significant visual impact.  Fences can be used for the following purposes:  to visually define property lines; to provide privacy; to provide security, and as an architectural feature intended to enhance the physical appearance of the house or property.

 

10.15.1.2 Guidelines: General guidelines for the construction and approval of fences are provided below.  Specific guidelines may be developed for each neighborhood, as appropriate.

 

10.15.1.3  Variance: Only the Board of Directors may grant a variance to the following guidelines as provided in Article VI, Section 10, Variance of the Amended and Restated Declaration of Covenants and Restrictions for Eastwood.

 

10.15.1.4  Specifications with respect to construction details for all fence styles are contained in Appendix II to these guidelines.  All fences, upon being approved, must be installed in accordance with such specifications.

 

10.15.1.5  Lot line fences may not be used to enclose the front yards of single-family detached homes. Lot line fences must meet the setback requirements (Appendix II) for side yard applications forward of the rear plane of the house.  Lot line fences forward of the setback requirements may be approved for the partial enclosure of side yards in situations where topography, house location or the location of exit doors require fencing to be installed forward of the required setback and only if such modification will not have an adverse visual or functional impact on adjoining lot owners and if such adjoining lot owners are informed of and do not object to the modification.

 

10.15.1.6  When side or rear lot line fencing occurs next to a roadway within Eastwood or the Preserve and will be seen from the roadway, the Modifications Committee will review the proposed fencing for consistency of fence style between affected lots.  Before the first rear lot line fence is approved, all the affected homeowners along the length of the roadway will be notified and at least two thirds of the affected homeowners must consent to the proposed fencing. This consent will subject all the affected lots to the same fence type along the rear lot lines for all future applications.

10.15.1.7  A similar consideration and requirement exists for rear lot line fencing adjacent to golf course property discussed in 10.15.1.6 above.  See Section 10.15.3.1 for more details.

 

10.15.1.8  Copies of the following are required with the Architectural Review Application:

·        Building permit.

·        Land survey of the property showing all additions and locations of the fence, gates and any other applicable details.

·        Copy of the vendor(s) proposal, invoice or quote (this document will have much useful information required by the Architectural Review Application).  The costs associated with the project are not of interest and can be obscured on the copy supplied.

 

10.15.2 Fence Types 

10.15.2.1 Chain Link and Barbed Wire Fences

 

10.15.2.1.1  Chain Link and Barbed Wire Fences will not be approved under any circumstances.  Chain link or barbed wire fencing material will not be permitted for any use.

 

10.15.2.2 Wood Fences

 

10.15.2.2.1  Owners of single-family detached homes are permitted to install one of four approved fence types as means of delineating their lot lines and establishing a "private space".  They are:

 

·        Privacy Fence - Stockade

·        Privacy Fence - Board on Board

·        Privacy Fence - Shadow Box

·        Picket Fence

 

10.15.2.2.2  Fence tops (flat and domed styles, not to be confused with the configuration of the top, are shown in Appendix II) shall be finished as follows:

Eastwood

Preserve

 

·        Flat

·        Domed (Convex)

·        Lattice

 

 

·        Domed (Convex)

·        Lattice

 

 

 

10.15.2.2.3  Picket fences and Privacy fences must be constructed of smooth cedar, cypress or high quality pressure treated pine and must be treated with a clear waterproofing or transparent stain; or painted or stained to match the trim color of the house.

 

10.15.2.3 Vinyl Fences

 

10.15.2.3.1  Owners of single-family detached homes are permitted to install one of three approved fence types as means of delineating their lot lines and establishing a "private space".  They are:

 

·        Privacy Fence - Stockade

·        Privacy Fence - Shadow Box

·        Picket Fence

 

10.15.4.3.2  Fence tops (flat and domed styles, not to be confused with the configuration of the top, are shown in Appendix II) shall be finished as follows:

Eastwood

Preserve

 

·        Flat

·        Domed (Convex)

·        Lattice

 

 

·        Flat (only if a domed top is not available)

·        Domed (Convex)

·        Lattice

 

 

 

10.15.2.3.3  Picket fences and Privacy fences must be constructed of a quality vinyl product capable of exposure to UV radiation (i.e., the sun) without yellowing or otherwise deteriorating. Titanium Dioxide (TiO2) is added to the PVC compounds to reflect the sun's rays and keep the original color. The fence product used must contain TiO2.  It is also recommended that impact modifiers, which add strength for load bearing applications, be included.

 
10.15.2.3.4  The fence will not be supplied painted.  Color shall be as supplied by the vendor (and not painted).  The owner can not paint the fence.

 

10.15.2.4 Ornamental Wrought Iron and Aluminum Fences

 

10.15.2.4.1  Owners of single-family detached homes are permitted to install ornamental wrought iron or aluminum fencing. 

 

10.15.2.4.2  Due to the many styles of ornamental wrought iron or aluminum fencing available, the owner is asked to submit the style of the fence to the Modifications Committee prior to submitting the Architectural Review Application. The Modifications Committee will consider the aesthetic impact of the style, its harmony with existing styles throughout Eastwood and the Preserve, and its harmony with the adjacent properties in the neighborhood.

 

10.15.2.4.3 Ornamental wrought iron or aluminum fencing must be constructed and finished in a manner such that UV radiation (i.e., the sun) will not cause undue weathering and finish deterioration.  The ornamental wrought iron or aluminum fencing must be maintained as required by the manufacturer or vendor.

 

10.15.2.5   Brick, Masonry or Stucco Fencing for Single Family Detached Homes

 

10.15.2.5.1 Fencing comprised of brick with masonry columns matching the construction of the home is allowed in Fairway Pointe pending approval by the Modifications Committee.

 

[Note:  The original “Builders Manual” allowed this type of fence construction in Parcel 9, Fairway Pointe.]

 

10.15.2.5.1 Walls shall only be allowed in those sub-divisions where the builder installed them during original construction.  They may be of brick or stone masonry, or stucco.  Masonry or stucco pillars may be used but shall not exceed six (6) feet in height. The maximum height of any wall shall be six (6) feet.  Walls used in conjunction with a landscaping plan, may extend beyond the front line of the dwelling but may not extend into a street right-of-way or closer than five (5) feet to a sidewalk. The types of walls to be permitted on specific lots shall be harmonious with other adjacent approved walls.

 

10.15.2.5.1  Retaining walls, if required by site conditions, constructed along rear or side property lines shall include cast-in-place concrete and block masonry landscaping units. The 3-foot height limitation may be waived if site conditions require a higher wall. Wood retaining walls are not permitted.

 

10.15.3  Fences on Conservation Areas, Golf Courses, Lakes or Ponds

 

10.15.3.1  Fences on golf courses (including lakes owned by the golf course and typically fronting the fairways) are discouraged.  For a fence to be allowed on the Golf Course, the following factors will be considered by the Modifications Committee.

 

10.15.3.1.1 A strong design concept for the fence must be presented.

 

10.15.3.1.2 The fence must be needed to satisfy a purpose such as retention of children or dog(s) or required to enclose a pool otherwise not enclosed by a screen enclosure/house.  Security is not considered a valid need.

 

10.15.3.1.3 The fence must be tied to the design and layout of the home and any existing fences in the vicinity of the lot.

 

10.15.3.1.4 The fence WILL NOT be allowed to enclose the total portion of the rear property line of the home.  The reason is to limit the obstruction of view of adjacent residents and visual impact on the golf course.

 

10.15.3.1.5 The fence layout, style and design must be developed in coordination with the Modifications Committee.  The owner MUST contact the MC to schedule a meeting to discuss the design and layout and impact on the adjourning properties in an effort to create a concept meeting the requirements of the Association and the owner.

 

10.15.3.1.6 The decision of the MC on the final approved design and layout is final.  The owner may appeal any decision as previously defined.

10.15.3.1.7 Only four (4) foot high, black wrought iron or aluminum ornamental fencing will be allowed on the golf course.  NO OTHER TYPE OR STYLE OF FENCING WILL BE ALLOWED. Aluminum is the material recommended by the Association.

A five (5) foot fence will be approved by variance when required by Orange County Code to enclose a pool.

 

10.15.3.1.8 See Appendix II for detailed descriptions of the concerns to be considered for all proposed golf course fencing.

10.15.3.2  Fences on lakes and ponds owned by the Association are allowed and shall be a height of four (4) feet.

 

10.15.3.3  Fences on conservation areas comprised of dense forest at the lot line are allowed. If dense forest is not present or the lot line opens into a view of an open conservation area, fences of four (4) feet in height are allowed. 

 

10.15.3.4  It is required that a picket type fence or other open pattern be used to limit  the impact on neighbors views when installing fences on open view conservation areas, ponds or lakes.  Ornamental fencing is the required fence style on lakes and ponds.

 

10.15.4   Fence Heights and Locations

 

10.15.4.1 Maximum fence height is six (6) feet.  Minimum fence height is four (4) feet. 

10.15.4.2  If the fence is on a lake or pond as explained in Section 10.15.3.2, it shall be four (4) feet high.

10.15.4.3  If a fence is on a conservation area that does not afford an open view as explained in Section 10.15.3.3, it shall be a maximum of six (6) feet high and a minimum of four (4) feet high.

10.15.4.4  If a fence is on a conservation area that does afford an open view as explained in Section 10.15.3.3, it shall be four (4) feet high.

 

10.15.4.5 All fencing shall be installed with the finished side out if applicable.

 

10.15.4.6 Fences that abuts against existing neighborhood brick and mortar fences installed as part of the development and maintained by the Association shall not be taller then the brick and mortar fence.  The top of the installed fence shall not be seen over the top of the brick and mortar fence.

 

10.15.4.7 Setbacks will be as follows (see Appendix II for graphical representation).

 

·        Front yard fencing is not allowed.

·        Side yard fencing shall be setback a minimum of ten (10) feet behind the front face of the home with zero lot line allowed along the side and rear property lines.

 

·        Corner lot fencing shall be setback a minimum of ten (10) feet behind the property line.

 

·        Golf Course Lot Fence shall be fifteen (15) feet behind rear property line.

 

10.15.5   Fence Materials and Colors

10.15.5.1 Materials

 

10.15.5.1.1 Wood Fence construction shall be of the following materials:

 

·        smooth cedar,

·        cypress or

·        high-quality exterior grade pressure treated pine lumber. 

 

All nails and fasteners must be aluminum, galvanized steel or stainless steel.

 

10.15.5.1.2  Vinyl Fence construction shall be 100 percent new vinyl with UV inhibitors and impact modifiers used throughout the entire product.  Titanium dioxide (TIO2) and other chemical additives shall have been used in the manufacturing process to prevent ultraviolet discoloration.

 

10.15.5.1.3  Ornamental Fence construction shall consist of wrought iron or aluminum.  Aluminum is recommended due to its superior resistance to rusting.

 

10.15.5.2 Color

 

10.15.5.2.1 Wood Fence finish shall be as follows:

 

1.      Opaque (solid) stain in white or house primary or trim color, or

2.      Sealed (clear/transparent waterproofing with no color), or

3.      Transparent stain compatible with the exterior color scheme of the house.

 

Only one of these criteria to be allowed to each lot.  Natural Finish (untreated) will NOT be allowed.

No opaque or solid stain is to be used as a finish except in the case of Color Option 1 (above).

 

10.15.5.2.1 Definitions: The words in Section 10.15.5.2.1 shall have the following meanings:

 

10.15.5.2.1.1 "natural finish" means the wood is left untreated.

 

10.15.5.2.1.2 "opaque stains" means exterior grade solid color paints or stains which hide the natural finish and grain of the wood.

 

10.15.5.2.1.3 "seals" means exterior grade clear (transparent) coatings that protect the natural finish without changing the natural color of the wood.

 

10.15.5.2.1.1 "transparent stains" means exterior grade wood stains that protect and retain the natural finish of the wood but alters its natural color.  The grain of the wood shall be visible through the stain.

 

10.15.5.2.2 Vinyl Fence finish shall be the unpainted color as provided by the manufacturer.  This shall generally be white though some manufacturers offer tan, etc.  The Titanium dioxide, which is a white pigmented compound prohibits coloration of the vinyl.  The owner will not be allowed to paint the fence when new.  If aging causes the fence to become unsightly, the Modifications Committee will consider requests to paint the fence.  An Architectural Review Application is required in this case even if the vinyl fence is going to be painted the original color.

 

10.15.5.2.3  Ornamental Fence finish shall be black, white or house primary or trim color.  The finish shall be such to resist UV radiation, rust and other deteriorating elements.

 

10.15.6 Homeowner Requirements

 

10.7.6.1 For wood fences, the owner shall retain the receipt for the seal, stain or paint for a period of five years.  A copy of this receipt shall be maintained in the final Architectural Review Application file and must be submitted prior to final inspection of the completed work. 

 

10.7.6.2 The following shall be required to maintain fences in an aesthetically pleasing condition.

 

§         All fences to be maintained regularly as required by the manufacturers recommendations.

 

§         Clear sealed wood fences to be re-coated in accordance with manufacturers recommendations but not less than every two years.

§         Opaque stained wood fences to be re-stained if the stain becomes discolored or begins to peel and/or flake.

 

10.15.7     Fences Provided By Builders

 

All fences provided by builders will remain subject to the "Builders Manual" or appropriate builders recommended maintenance program.  The Modifications Committee must approve any changes to color or style.

 

10.16 FLAGPOLES

 

10.16.1 Permanent, freestanding flagpoles are prohibited.

 

10.16.2 Temporary flagpole staffs that do not exceed six feet in length and are attached at an incline to the wall or pillar of the dwelling unit do not require approval by the Modifications Committee.  Seasonal, holiday, and decorative flags and the United States of America and Florida State flags are permitted to be displayed.

 

10.17 GARAGES

 

10.17.1 Each single family detached Living Unit shall include a garage designed to enclose a minimum of two (2) vehicles and shall not have more than three (3) separate garage doors.

10.17.2  Garage doors shall be of standard solid panel construction, which will conceal the contents of the garage.

10.17.3  Garage doors shall be kept closed except when access or an activity requires them to be open.

10.17.4  The structure shall relate to the dwelling in respect to character, material, and finish.

10.17.5  Carports are not permitted.

10.17.6  Unattached garages will be considered on a case-by-case basis.

 

10.18 GREENHOUSES

 

10.18.1 A greenhouse will be treated as a major alteration to a dwelling unit and subject to the same level of review.  Greenhouses that are attached to the dwelling unit are encouraged.  Freestanding greenhouses must meet the following criteria to be approved:

 

10.18.1.1 Greenhouses shall be restricted to rear yard locations and should not be visible from the front of the dwelling unit. Greenhouses will only be permitted in backyards where the rear is fenced.  The greenhouse shall not exceed eighty (80) square feet of floor space and eight (8) feet in height at the highest point.

 

10.18.1.2 The scale and design must be architecturally compatible with the home and surrounding homes.

 

10.18.1.3 There shall be no adverse visual impacts for adjoining properties.  The installation of landscape materials to provide a visual screen is encouraged and may be required as a condition of approval.

 

10.19 GRILLS (Permanent)

 

10.19.1 Permanent grills must be placed in the rear yard of the house and as far as practical from the adjacent property lines.

 

10.20 HOT TUBS/SPAS

 

10.20.1 Exterior hot tubs or spas must be located in the rear yard adjacent to the dwelling unit.  The incorporation of hot tubs as an architectural feature of decks and/or patios is encouraged. 


10.20.2  The exterior finish of an elevated hot tub should blend with the exterior finish of the home, deck or patio to which attached or most closely related.  Otherwise, the hot tub or spa must be screened from view of the street and neighboring properties using an approved fence or landscaping.

 

10.20.3  All exterior hot tubs or spas, whether enclosed in a screen enclosure of not, shall be covered with a cover manufactured to meet the requirements of ASTM F-1346.

 

10.20.4  All exterior hot tubs or spas shall meet the requirements of Florida Statues, Chapter 515, the “Preston de Ibern/McKenzie Merriam Residential Swimming Pool Safety Act."

 

10.21 IN-GROUND WATER SPRINKLER SYSTEMS

 

10.21.1 Installation of new systems and modifications & additions to existing systems require approval.  For new systems, a complete system plan is required showing the following information:

·        layout of the piping,

·        type (material) and size (schedule) of the piping,

·        type of sprinkler heads to be used and coverage, and

·        location and height of all risers and type and height of shrub or other landscaping to be watered by the risers. Note, risers shall be concealed to the greatest extent possible.

 

Modifications and additions to existing systems must be detailed to the greatest extent possible with a description of the components to be used and a layout provided of the changes. 

 

The layout can be on the land survey of other similar dimensioned drawing.

 

10.22 LANDSCAPING

 

10.22.1 All MAJOR landscape installations must be approved in advance. 

 

10.22.2  In general, a Architectural Review Application is not required for minor landscape modifications, or accepted mulch bed edging, with the following exceptions:

 

10.22.2.1 Approval is required for plantings intended to form a hedge or natural screen and which will attain more than two feet in height.

 

10.22.2.2  All trees and palms require approval regardless of location or whether behind a fence or not.

 

10.22.2.3 A proposed modification which is of such a scale or type as to be inconsistent with the existing design features of the home, adjacent units and the surrounding area will require approval.  Examples include the substantial or total removal of turf and replacement with another material, such as mulch or gravel.

 

10.22.2.4 Vegetable gardens shall be located behind the rear plane of the house.  Vegetable gardens with an area in excess of 64 square feet will require approval from the Modifications Committee.

 

10.22.2.5        The use of landscaping timbers or railroad ties is prohibited.

 

10.22.2.6            Mulch Bed Edging.  Complementary types of edging material are permitted on each Lot.  An application is required for any type of edging products not listed here.

 

10.22.2.6.1      Edging products are confined to brick, decorative aggregate block, and commercially obtainable edging in rubber, plastic, or painted metal.

 

10.22.2.6.2      The commercially available poured and formed concrete edging is an approved construction.

 

10.22.2.6.3      Colors of edging material are confined to black, medium or dark brown, green, or rust red.

 

10.22.2.6.3.1  Alternate colors will be considered, but an application is required.

 

10.22.2.6.4      Commercially obtainable edging in rubber, plastic, wood, or painted metal designed to appear as picket fences or other fence type structure is prohibited.  Ongoing work as needed by the respective homeowners to maintain these structures in good condition is required.

 

10.22.2 MAJOR changes to landscaping include complete removal of existing landscaping materials and replacement.  A landscaping plan drawn to the plot plan of the home with the new plantings identified will be required for the Architectural Review Application

 

10.23 PATIOS

 

10.23.1 All patios require approval.  Patios should generally be located in rear yards.  Side yard applications will be evaluated on their individual merit subject to the following criteria:

 

-                     Patios may not "wrap around" either end of a single-family home; however, if appropriate, patios may extend a maximum of eight feet into a side yard.

 

-                     If the side yard is fenced, as approved by the Modification Committee, a side yard patio will be considered.

 

10.23.2 Any adverse drainage requirements that might result from the construction of a patio should be considered and remedied.  The use of a partially porous patio surface or the installations of mulch beds adjacent to the patio are ways to eliminate drainage concerns.

10.24 RECREATION AND PLAY EQUIPMENT

 

10.24.1 Semi-permanent play equipment that either constitutes a structure or is appurtenant  to an existing structure requires approval.  Examples include sandboxes, playhouses, swing-sets, etc.  The following factors will govern approval of such equipment.

 

10.24.1.1.       Location.  Generally, such equipment should be placed in rear yards. 

 

10.24.1.2.       Scale and Design.  The equipment should be generally compatible with the lot size.  The design and any visual screening are additional considerations in evaluating whether or not there will be an adverse visual impact.

 

10.24.1.3.       Color and Materials.  Equipment constructed of wood and sealed, stained or painted as discussed in the sections on fences and decks is encouraged.  Metal play equipment should be painted solid earth tones.  (i.e., brown, tan, dark green) to blend with the natural environment.

 

10.24.1.4.       Basketball Backboards and Hoops.  Permanent basketball backboards and hoops attached to the home or other significant structure on the property are prohibited.

 

Basketball backboards and hoops mounted on poles mounted to movable bases are permitted, however must be stored out of sight when not in use. See the “Resident’s Guide” for additional details.

 

10.25 SATELLITE DISHES, WIRELESS CABLE AND TELEVISION BROADCAST ANTENNAS

10.25.1 The Telecommunications Act of 1996 grants specific rights to homeowners with regard to the installation of exterior receiving antennas. Specifically, the act allows satellite dish antennas (less than 1 meter in diameter), MMDS ("wireless cable") and broadcast television antennas. The Telecommunications Act grants communities and municipalities the ability to establish and enforce guidelines regulating the location, installation, and color of these antennas, when such rules do not adversely affect signal reception, unreasonably delay the installation of the antenna, or cause an unreasonable financial burden to the homeowner.

10.25.2 The Eastwood Community Association acknowledges the rights of homeowners established by the Telecommunications Act of 1996, and will work closely with owners to achieve the successful installation of antennas. Exterior alteration applications pertaining to the Telecommunications Act of 1996 will be processed expediently.

10.25.3 A notice of installation and documentation of the size, location and color of the antenna is required. The following criteria must be met for a successful installation:

10.25.4 SATELLITE DISHES

10.25.4.1 Direct Broadcast Satellite (DBS) dishes that are less than one meter (39" in diameter) may be installed when they meet the following criteria:

10.25.4.1.1  Satellite Dish Antennas will be mounted on the rear of the house or in the rear yard, except when such locations prevent adequate signal reception.

10.25.4.1.2  Satellite Dish Antennas will be positioned so they cannot be seen from the front of the home except, when such locations prevent adequate signal reception.

10.25.4.1.3  Satellite Dish Antennas will be positioned no higher than the antenna top flush with the top of the roof on the rear side of the house, except when such locations prevent adequate signal reception.

10.25.4.1.4 Satellite dish antennas may be painted a color compatible with the house color to minimize any visual intrusion on the home and surrounding property.

10.25.4.1.5  No satellite dish antennas will be installed in common area or open space.

10.25.4.1.6  Application Contents:

a.      Plat of the property showing the location of the antenna in relation to the applicant’s home and existing site modifications.

b.      Picture and/or drawings of the satellite dish including dimensions and mounting details.

c.      Color of the satellite dish, its components, and the color of the house siding, roof and trim.

d.      Estimated start and completion dates.

10.25.5 WIRELESS CABLE AND TELEVISION ANTENNAS

10.25.5.1 Multichannel Multipoint Distribution (wireless cable) Service (MMDS), and Television Broadcast Stations (TVBS) antennas may be installed when they meet the following criteria:

10.25.5.1.1  Antennas will be mounted on the rear of the house or in the rear yard, except when such locations prevent adequate signal reception.

10.25.5.1.2  Antennas will be positioned so they cannot be seen from the front of the home, except when such locations prevent adequate signal reception

10.25.5.1.3  Antennas will be mounted no higher than twelve feet above the top of the roof.

10.25.5.1.4  Antennas will be wired safely and neatly so as to be barely visible and reasonably protected from outside forces.

10.25.5.1.5  No antennas will be installed in common area or open space.

10.25.5.1.6  Application Contents:

a.      Plat of the property showing the location of the antenna in relation to the applicant’s home and existing site modifications.

b.      Picture and/or drawings of the antenna including dimensions and mounting details.

c.      Color of the antenna, its components, and the color of the house siding, roof and trim.

d.      Estimated start and completion dates.

10.25.6 When Criteria Is Not Met:

10.25.6.1 The Association reserves the right to approve applications in locations other than those set forth if the antenna would not receive sufficient signal strength for adequate reception in any of the above settings. In such an instance, the applicant shall state in the application, (1) the problem with the signal strength and, (2) the desired alternate location. Under such circumstances, the Association shall review the alternate location proposed to ensure that it is necessary to afford sufficient signal strength for reception and would cause the least amount of visual intrusion in the neighborhood. The Association may require the applicant to install harmonizing visual barriers, such as lattice or landscaping, around the device in order to diminish any adverse visual effect.

 

10.26 SCREENED-IN PORCHES

 

10.26.1 Screened‑In Porches (whether screen house or enclosure) will only be fitted to the rear elevation of the home and will comply with the following design guidelines:

 

·         Roof shingles (if applicable) to match existing house

·         Triangular end gables to have exposed lumber painted to match existing house trim

·         Screen panels to clear span between support posts    

·         Screen panels to be inside porch railing

·         Roof fascia along low edge to match existing house and any gutter and rain leaders to match existing house in style and color    

·         Roof support posts to be used to support railings

·         Railings (if applicable) around porch to be to Eastwood Guidelines

·         Screen door to be "clear view" (i.e., single screen panel) or only one horizontal center divider to form two screen panels

 

10.27 SECURITY BARS AND SIGNS

 

10.27.1 Security Bars: The use of security bars or grates on windows and doors will be prohibited.  Exceptions may be made where the security apparatus will not be visible from the street and from adjoining properties. Homeowners concerned about the security of their residence are advised to consider alternatives, including alarms and sophisticated lock systems.

 

10.27.2 Security Signs: Two security signs, each not exceeding a total of sixty-four (64) square inches may be posted on the property.  Only one such sign may be posted forward of the front plane of the home.  The approved location shall be at the front door or in shrubbery within twelve (12) feet of the front door.  A second sign may be posted in the rear yard.

 

10.28 SIDEWALKS AND PATHWAYS

 

10.28.1 Front yard sidewalks and pathways should be set back at least four feet from the property line and installed flush to the ground.  Side yard and rear yard sidewalks and pathways shall be so positioned to not encroach on adjacent property lines and shall be installed flush to the ground. Only brick, pavers, concrete or similar solid/durable construction material should be used for front yard sidewalks and pathways.  Rock, stone, brick, pavers, concrete or similar durable construction may be used for side and rear yard sidewalks and pathways.  The scale, location and design should be compatible with the lot, home and surroundings.

10.28.2  All colors associated with bricks, pavers, rocks, and stones or painted concrete require approval.

 

10.29 SKYLIGHTS

 

10.29.1 Skylights should be located such that they are not visible from the front of the dwelling unit or a street.  Consideration will be given to skylights on the front side of the roof ridgeline only if constructed flush with the roof.

 

10.30 SOLAR PANELS

 

10.30.1 Solar panels and solar collectors are permitted only when located so that they are not visible from the front of the dwelling unit or from a street.  Consideration shall be given for installations required on the side roofs of homes that may be visible from the streets to accommodate the relative position of the home to the sun as required to provide for efficient operation.

 

10.30.2  If the orientation of the home requires installation in the front of the home or the use of elevated structure on the rear of the home to position the panels towards the sun, the application shall include a statement from the installer stating that such installation is required for the panels to perform their intended function.

 

10.31 STORAGE SHEDS

 

10.31.1.       General.  Storage sheds shall be restricted to rear yard locations and should not be visible from the front of the dwelling unit or from a street.  Storage sheds with metal siding or roofs are prohibited.  Freestanding sheds are discouraged, although such sheds may be approvable for single-family detached dwelling units under circumstances where there are no adverse visual impacts.  Such instances include storage sheds in fenced yards.

 

10.31.2.       Specific.  Storage sheds for single-family detached units may be attached to either the dwelling unit or integral to a fence, or otherwise separated from the dwelling unit or fence by a distance of no more than 6 inches or constructed as freestanding buildings.  In the latter case, a shed should be located to the rear of the property line, with recommended minimum setbacks of eight (8) feet from the rear property line and eight (8) feet from side property lines unless the yard is fenced.


 The following additional guidelines are applicable.

 

A.      Design.  The architectural design of the shed should be compatible with the design of the house.

 

B.      Size.  Sheds should not exceed 140 square feet of floor space and twelve feet in height at the highest point.

 

C.      Materials.  The finish materials must be the same as used for the exterior of the house.

 

D.      Colors.  The color scheme must be the same as for the house.

 

E.      Roof.  The roof slope and the type and color of roofing material should match the house.

 

The following guidelines apply to sheds that are attached to a privacy fence:

 

A.      Materials.  The exterior finish material must be the same as that of the fence.

 

B.      Size.  Sheds should not exceed 48 square feet of floor space and six feet in height at the highest point.

 

C.           Roof.  The roof should either be flat, with the top not exceeding the top of the fence or sloped inward, with a pitch similar to that of the dwelling unit.

 

D.           Colors. The shed shall not be left to weather naturally.  Colors or stains are permitted.  In such case, the color of the shed must match that of the fence.

 

10.32 STORM/SCREEN DOORS AND WINDOWS

 

10.32.1  Storm/Screen Doors

 

10.32.1.1 An application is required before a storm/screen door may be installed.  It is strongly recommended that approval of the storm/screen door be obtained prior to purchasing the door.

 

10.32.1.2  To comply with the Design Guidelines, the storm/screen door must:

 

                        1.   Be full-view (no panels).  This means a single sheet of glass or screen with no crossbars.

2.   The color must be:

 

a.  A reasonable color match to the unit door or to the adjacent trim to which it is attached.  Adjacent trim is defined as all of the trim around the unit door and/or the window mullions (trim) in the sidelights on either side of the unit door.

 

Reasonable color match is defined here as the exact color or a color shade lighter or darker than, but in the same color family.  This determination will be made by a majority vote of the Modifications Committee members; or

 

b.  White, if the residence has white eaves, soffits, gutters, downspouts, and windows, and/or all of the trim relating to the front door frame is white.  This option is at the discretion of the Modifications Committee; or

 

c.   White, if the trim relating to the frame of the unit door is painted white.  This option is at the discretion of the Modifications Committee.

 

10.32.1.3  An application for a storm/screen door must include:

 

1.      The color scheme of the residence, i.e., paint manufacturer and color of the front door and adjacent trim;

 

2.      The manufacturer and color of the storm/screen door;

 

3.      The homeowner's proposal, if necessary, for bringing the storm door into compliance (for example:  painting the front door, painting the door trim, etc.);

4.   A storm/screen door brochure from the manufacturer is strongly encouraged; and