Wildewood Neighborhood Three, Cluster Number 2 Association
Architectural Control Rules
Adopted 1 June 2005
Based on Changes Proposed 3 March 2003by the Board of Directors
SUMMARY
The Board of Directors hereby adoptscomprehensive changes to the rules that ensure that buildings and structures built on property within our neighborhood, and the maintenance of those buildings, structures, and surrounding landscape meets adequate standards of design and appearance. The changes are adopted primarily to clarify issues that arise from time-to-time, or might otherwise be misinterpreted. Additionally, certain practices followed by the Board of Directors and the Architectural Control Committee are formalized by these changes.
By virtue of the charter documents, the board has the power to make these changes, but solicited comments and suggestions from homeowners regarding the specific details. The period open for comments exceeded two years.
BACKGROUND
The charter documents for Wildewood Neighborhood Three, Cluster Number 2 Association provide for, among other things, “…maintenance, preservation and architectural control of the residence Lots and Common Area within” the neighborhood (Articles of Incorporation: Article IV, Purpose and Powers of the Association). More specifically, the following excerpts relative to architectural control are from the charter documents, and describe the need, functions, and duties of the Association, its Board of Directors, and the Architectural Control Committee:
Declaration of Covenants,Conditions And Restrictions:
ARTICLE I, DEFINITIONS, Section 5: Section 5. “Architectural Control Committee” shall mean a committee of the Association set up in accordance with Article V herein to ensure that buildings and structures built on the property and the maintenance thereof, shall meet adequate standards of design and appearance.
ARTICLE III, PROPERTY RIGHTS IN THE COMMON AREA, Section 3. Obligation of the Association. The Association, subject to the rights of the owners set forth in this Declaration, shall be responsible for the exclusive management and control of the Common Area and all improvements thereon (including equipment related thereto), and shall keep the same in good, clean, attractive and sanitary conditions, order and repair in compliance with standards to be set by the Architectural Control Committee.
ARTICLE V, ARCHITECTURAL CONTROL, Section 1. No building, fence, wall or other structure (including but not limited to, antennae) shall be commenced, erected or maintained upon the properties, nor shall any exteriors' addition to or change or alteration therein be made until the plans, and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by an Architectural Control Committee composed of three (3) or more representatives appointed by the Class B membership. At such time as the Class B membership expires, the Board shall be appointed by the Board of Directors. In the event said Board or its designated Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. The Architectural Control Committee shall regulate the external design, appearance, and location of the Properties and of improvements thereon in such a manner so as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography.
Section 2. No improvements, alterations, repairs, change of paint colors, excavations, changes in grade or other work which in any way alters the exterior of any Lot or the improvements located thereon from its natural or improved state existing on the date such Lot was first conveyed in feeby the Declarant to an Owner shall be made or done without theprior approval of the Architectural Control Committee.
ARTICLE VI, USE OF PROPERTY, Section 1. Protective Covenants, …, (d) Other Restrictions. Upon conveyance of the first Lot to an Owner, the Architectural Control Committee shall adopt general rules to implement the purposes set forth in Article V, and interpret the covenants in this Section, including but not limited to rules to regulate animals, antennas, signs, parking and storage of automobiles and other vehicles, storage and use of boats and recreational vehicles, storage and use of machinery, use of outdoor drying lines, trash containers, planting, maintenance and removal of vegetation on the properties.
Section 2. Maintenance of Property. To the extent that exterior maintenance is not provided for in a Supplementary Declaration, each Owner shall keep all Lots owned by him, and all improvements therein or thereon, in good order and repair and free of debris including, but not limited to the seeding, watering, and mowing of all lawns, the pruning and cutting of all trees and shrubbery and the painting (or other appropriate external care) of all buildings and other improvements, all in a manner and with such frequency as is consistent with good property management. In the event an Owner of any Lot in the properties shall fail to maintain the premises and the improvements situated thereon, as provided herein, the Association, after notice to the Owner as provided in the By-Laws and approval by two-thirds (2/3) vote of the Board of Directors, shall have the right to enter upon said Lot to correct drainage and to repair maintain and restore the Lot and the exterior of the buildings and any other improvements erected thereon. All costs related to such correction, repair or restoration shall become a Special Assessment upon such Lot.
By-Laws:
ARTICLE IX, COMMITTEES, “The Association shall appoint an Architectural Control Committee, as provided in the Declaration,..”).
PRECEDENCE
The precedence of these controlling documents is as follows: Articles of Incorporation, Declaration of Covenants, Conditions and Restrictions; the By-Laws;and finally, the Architectural Review Procedures and Regulations.
The original Holly Hill Neighborhood Architectural Control Committee Rules were approved by the Board of Directors on 12 March 1985. The proposed changes provided below are based on the original document, which was transposed from the original printed version to digital text in November 1999 by Roger W. Davis, Secretary of the Association. The baseline version is believed to be a faithful reproduction, with the exception of some formatting.
On 14 June 1989, the directors published and distributed a letter modifying Section 7 of the RULES & PROCEDURES, which addressed the size of trees that could be removed by owners without filing a petition. That change has been incorporated into this proposal along with other changes. Those changes are summarized here:
(a)Shortened references to the association, board, and committee.
(b)The Architectural Control Committee size is limited to five members, where previously the size was not bounded.
(c)A procedure for appointing a chairperson is added. Selection of a vice chairperson is required to ensure timely communications and actions.
(d)Added details and clarification for changes to structures.
(e)Added details and clarification for tree removal.
(f)Clarifications related to fences and man-made barriers are provided.
(g)Added detailed provisions for antennae/aerials to be compliant with federal laws and regulations.
(h)Added provisions for Tanks, Animals, Diseases and Insects, and Lighting.
(i)Clarification of procedures for submitting and acting on petitions, including Special Impact submissions.
(j)Added a penalties provision for homeowners who fail to submit petitions or cause a condition that is a violation of these procedures and regulations.
(k)Applied numerous typographical and formatting changes.
WILDEWOOD NEIGHBORHOOD THREE
CLUSTER NUMBER TWO ASSOCIATION, INC.
ARCHITECTURAL REVIEW PROCEDURES AND REGULATIONS[1]
Article IPurpose and Organization
Section 1, Purpose: The Architectural Review Procedures and Regulations included here are intended to insure attractive, convenient, and functional developments in Wildewood Neighborhood Three, Cluster Number Two Association, to preserve and enhance values, and to maintain a harmonious relationship among structures and the natural vegetation and topography.
Section 2, The Architectural Control Committee: There is hereby ratified in the association an Architectural Control Committee. The Committee shall be composed of three to five members appointed by the association’s Board of Directors. The members of the committee shall be voting members of the association, shall serve for a term of two (2) years, and may be re-appointed to successive terms. One committee member shall serve as chairperson as appointed by the Board of Directors of the Holly Hill Association. The chairperson shall be responsible for coordinating Architectural Control Committee activities. The committee shall nominate and select a vice chairperson to act on behalf of the chairperson when not available, or otherwise facilitate timely communications and actions by the committee. The Architectural Control Committee shall regulate the external design, appearance, location, and maintenance of properties and improvements thereon.
Section 3, Powers: The Architectural Control Committee shall have powers to regulate the standards of design and appearance of buildings, structures, and landscaping within the neighborhood. The specific powers and duties are described in Articles II through IV of these Architectural Review Procedures and Regulations.
Section 4, Conventions: Within this document, Wildewood Neighborhood Three Cluster Number Two Association, Inc. is simplified to ‘Holly Hill,’‘Holly Hill neighborhood association,’or simply ‘the association’ or ‘the neighborhood.’ The terms ‘directors’ or ‘board’ or ‘board members’ refers to members of the association’s Board of Directors; ‘committee’ or ‘committee members’ refers to the association’s Architectural Control Committee; ‘petitioner’ or ‘owner’ refers to owners of property within the Holly Hill neighborhood. Renters are subject to the provisions of the Articles of Incorporation, Declaration of Covenants, Conditions and Restrictions; the By-Laws;and the Architectural Review Procedures and Regulations; however, renters may not file petitions (only owners may file petitions).
Article IIArchitectural Regulations Concerning Structures
Section 1, Definition: A structure is defined as anything constructed, erected, added to, or altered on a Lot, the use of which requires permanent location on the ground or attachment to something having location on the ground, including buildings, outbuildings, garages, porches, decks, fireplaces, pavilions, building projections, or any other, whether attached or detached..
Section 2, Proportion:The proportion of new structures and of additions or alterations to existing structures shall be complimentary to that of the principle structure on the property.
Section 3,Structures and Out/Accessory Buildings:
(a)All foundations, exterior walls, exterior doors, windows, installed screens, decks, patios, walkways, driveways, and outside lights/fixtures must be maintained in good material condition.
(b)Any and all out/accessory buildings shall be erected only after site approval by the Architectural Control Committee.
(c)Exterior surface materials, styles, and color of all structures shall be in harmony with existing structures (including those on nearby lots) and must be approved by the Architectural Control Committee. In addition to these provisions, all structural and design work shall be accomplished in accordance with applicable governmental regulations, ordinances, procedures, and codes.
(d)Construction or renovation must be of high quality, employing skilled labor or craftsmanship, or otherwise accomplished so that the workmanship and materials are at a level of quality commensurate with or better than the original quality of the structures in the neighborhood.
Section 4, Fences: Fences are prohibited, with the exception of sound/sight barriers of very limited extent and which form an extension of an existing structural wall. Fences and barriers are to be avoided as they are not in keeping with the norm within Wildewood nor the Holly Hill neighborhood.
Section 5, Signs:No permanent signs may be erected except those that serve the association’s needs or are mandated by federal, state, or county ordinance (e.g., house number signs). Temporary Realtor or ‘For Sale By Owner’ signs are permissible on the property for sale. Such signs must comply with St. Mary’s County ordnances.
Section 6, Colors, Materials, Textures: Generally, earth-tone colors are and shall remain the norm within the neighborhood. Complimentary trim colors are permissible, such that they do not present a sharp departure from the norm within the neighborhood. Specifically, any significant color, style, material, or texture changes (including replacement of siding, doors, or windows), requires approval of the committee.
Article IIIArchitectural Regulations Concerning Non-Structural Items
Section 1, Definition:Any and all items of non-permanent nature and not covered under Article II.
Section 2, Antennas, Aerials, Electrical Service and Telephone Lines:Notelevision,radio,orotherelectronictowers,aerials,antennae,satellitedishesordeviceofanytypeforthereceptionortransmissionofradioortelevisionbroadcastsorothermeansofcommunicationshallbeerected,constructed,placedorpermittedtoremainonanyLotoruponanyimprovementsthereon,exceptthatthisprohibitionshallnotapplytothoseantennaespecificallycoveredby47CFRPart1,SubpartS,Section1.4000(oranysuccessorprovision)promulgatedundertheTelecommunicationsActof 1996, as amended from time-to-time. Totheextentthatreceptionofanacceptablesignalwouldnotbeimpaired,anantennamayonlybeinstalledinasideorrearlocation on the lot or structure,notvisiblefromthestreetor(whenreasonablyfeasible)fromneighboringpropertyorintegratedwiththestructureandsurroundinglandscapingtopreventorlimitsuchvisibility. Antennaeshallbeinstalledincompliancewithallapplicablelawsandregulations. All electrical service and telephone lines shall be placed underground and no outside electrical lines shall be placed overhead.
Section 3, Drying Lines:Lines for drying clothes or laundry are to be placed in a non-conspicuous area and removed or retracted when not in use.
Section 4, Trash, Garbage, Refuse, Waste, and Clutter: No garbage or trash shall be placed or kept on any Lot, except in covered containers, and such containers shall at all times be hidden from view except on the evening before and the day of scheduled pickup. All rubbish, trash or garbage shall be removed from the Lots and shall not be allowed to accumulate thereon. No incinerators shall be allowed. Alltrash(garbage,refuse,waste)leftforpick-upatcurbsidemustbeconfinedto trash containerswith securelids . Recyclablematerialsshallbeleftatcurbsideincontainerssodesignatedbytherefusecompanyortheassociation. Trashandrecyclablescontainersshallbeplacedatcurbsidenoearlierthan12hourspriortoscheduledpick-ups,norleftlongerthan12hoursfollowingpick-up. Straytrashleftbypickupcrewsshallberemovedbyoccupants. Lots shall be maintained free of liter. Storage of excess materials in any location visible from the street or neighbors' yards is prohibited. Front porches, patios, and/or decks are not to be use as storage areas. Christmas Trees are not to be discarded within the bounds of the neighborhood or on individual lots.
Section 5, Vehicles: Parking of mobile homes, boats, recreational vehicles, trailers, machinery, etc., within the neighborhood is prohibited. The exception being short-term (10 days or less) visitors, or the above mentioned vehicles being stored inside garages. Said vehicles shall not be occupied. Unserviceable vehicles shall not be parked on the streets, common areas, or in driveways. All unserviceable vehicles must be garaged. Parking of disabled vehicles on the street or in a driveway while necessary repairs are completed is permitted for up to 96 hours (4 days). Major repairs (e.g., engine removal) may not occur on the streets, common areas, or in driveways.
Section 6, Wood Piles: Woodpilesshouldbeneatlystackedinaninconspicuousspotontheproperty. Ifacoveringisused,itshallbeharmoniouswiththesurroundingarea. Decayingwoodshallberemovedtomitigatetermiteinfestation.
Section 7,Trees, Shrubbery, Foliage, Topographyand General Landscaping:
(a)Trees: Removalofanytreethatcouldimminentlycausedamagetoanystructureorharmpersonsoranimalsispermitted. Anytreewhichdoesnotcontainanylivinggrowthduringthegrowingseasonsmustberemovedwithdueconsiderationgiventothesafetyandintegrityofnearbystructuresandvegetation. Removalofalllivingtreesgreaterthan6inchesindiameter,measurednogreaterthan4.5feet(54inches)fromthenaturalsurroundinggroundlevel,mustbeapprovedbeforeremovalbytheArchitecturalControlCommittee(the6-inchrule). WiththeexceptionofDogwoodandHollytrees,uptothreetreesnotsmallerthan6-inchesindiametermayberemovedpercalendaryearwithoutcommitteeapproval. Committeeapprovalisrequiredforremovalofmorethanthreesmalltreespercalendaryear,ortreesexceedingthe6-inchdiameterlimit,oranyDogwoodorHollytree. Plantingofreplacementtreesisnotrequiredbuthighlyencouraged. Stripcuttingoflotsisnotpermitted. Alltreesborderingcountyroadsmustbekepttrimmedsotheyarenolowerthan15feetabovetheroadsurface.
(b)Shrubbery/Foliage: The additionoflandscapingfoliageimmediatelyaroundthefoundationorinareasonresidentialpropertyandwhichenhancesthenaturalbeautyoftheresidentialpropertymaybeinstalledwithoutapproval. Removaloffoliage,includinglowgrowthshrubberyornativeundergrowth,maynotoccurwithoutapprovalofthecommittee. Nativegrowthshallnotbedestroyedorremoved,exceptsuchnativegrowthasmaybenecessary(andapproved)fortheconstructionandmaintenanceofroads,driveways,residences,outbuildings,walkways,desk,andpatios. Ownersareencouragedtousenativevegetationinlandscapingtomaintainthenaturalcharacteroftheneighborhood. Foliagewithinthreefeetofthecountyroadcurbsmustbetrimmedsoasnottoimpedevisibilityoftrafficsignsanddriveways. Groundcovermustbekepttrimmedsoitdoesnotgrowintothecountystreetsorcommondriveways,norimpededrainage
(c)Topography: Majortopographicalalterationsandsurfacecoveringmodificationotherthangrassmustbeinharmonywiththeexistingenvironment,issubjecttotheapprovaloftheArchitecturalControlCommittee,andmustnotcauseanydrainageissuesforimpactedpropertyowners.
(d)General landscaping: yardsandnon-woodedareasmustbemaintainedinoneoftwoways:LowMaintenance(mulchedand/orgroundcover)orMaintenanceIntensive(grasscovered). Alllotsadjacenttocountyroadswillmaintainareasborderingtheroadfreeofweedsandbrush. Theareaborderingtheroadshallbecoveredwithmulch,healthyandtrimmedlawngrass,healthyandtrimmedgroundcover,orothercommittee-approvedlandscaping.
Section 8, Swimming Pools/Playground Equipment: Thelocation,size,materials,andcolorofallswimmingpools,fixedplaygroundequipment,andsimilaritemsmustbeapprovedbythecommittee,andmustbemaintainedinharmonywiththeexistingenvironment.
Section 9, Solar and Wind Collectors/Generators: Solarorwindpowergeneratorsrequireapprovalbythecommittee.
Section 10, Tanks: Permanentinstallationoftanksforoilorpropanemustbeapprovedbythecommitteeandmustbesuchthatplacementisnotconspicuous,andwherepossible,shallbescreenedfromviewfromstreets,driveways,walkways,orneighboringhomes.
Section 11,Animals: NoResidentmayhouseanydomesticanimalsthatproducenoiseorodorsthatareobjectionabletoneighbors. ResidentswhoowndomesticanimalsmustcomplywithSt. Mary’sCountyCode,includingzoningcodesandanimalcontrolregulations(e.g.,leashlaws,excessivenoise,sanitarydisposalofpetwaste). Livestockisprohibited. Dogruns(cables/ropes)areprohibited.
Section 12, Diseases and Insects: No ownershallpermitanythingorconditiontoexistuponanyLotwhichshallinduce,breed,orharborinfectiousplantdiseasesornoxiousinsects.
Section 13, Lighting: AlllightingusedonaLotshallbedesignedtoavoidlightingotherLots. LightsshallbedirectedinamannerthatwillnotdisturbotherOwners.
Article IVProcedures
Section 1,Petitions: Anypropertyownerwishingtoconstructanewbuildingorstructure,toalterormakeanadditiontoanexistingstructure,ortootherwisemodifyhispropertyorlandscapingasoutlinedinArticlesIIorIIIinHollyHill,mustsubmitanpetitionforapprovalofthedesignofconstruction,alteration,oradditiontotheArchitecturalControlCommitteechairman. Petitionsshallbesubstantiallyintheformofsuchblankpetitionsprovidedbytheassociationforthispurpose. AsdescribedmorefullyinSection4ofthisArticle,petitionsshall,asaminimum,identifythepetitioner(nameandaddress),thesize,scope,andlocationoftheproject,theexistingconditionsorcharacteristics,theconditionsorcharacteristicsthatwillbechanged,thematerials,color,andstyletobeemployed,andwherereasonableandprudent,drawingstoindicatewhatistobeaccomplished. Directdialogwithmembersofthecommitteeisencouragedtominimizetheburdenofpreparingpetitions. Petitionformsandthenamesandcontactinformationofcommitteememberscanbefoundat
Section 2, Review and Approval: TheArchitecturalControlCommitteeshallapprove,disapprove,orapprovewithconditionthepetitionassubmitted. WiththeexceptionoftheSpecialImpactprovisionatSection5ofthisArticle,intheeventthatthecommitteefailstotakeactionontheproposeddesignwithinthirty(30)calendardaysofreceiptoftheapplicationbythechairman,theapplicationshallbedeemedtobeprovisionallyapproved. Nohomeownershallcommenceworkonaprovisionallyapprovedpetitionwithoutfirstcontactingthecommitteechairpersontodeterminethestatusofthepetition. Wherepetitionsaresubmittedviaemail,thestartofthe30-dayperiodshallnotoccuruntilconfirmationofreceiptbyacommitteemember.
Section 3, Appeal: If thehomeownerelectstoappealthecommittee’sdecision,writtennotification,includingparticulars,mustbemadetotheBoardofDirectorswithin30daysofdisapproval. Reviewoftheappealwillbeheardatthefollowingregularlyscheduledmonthlymeetingofthedirectors.
Section 4, Additions, Alterations, and Construction of Out/Accessory Buildings: Foradditions,alterations,andconstructionofaccessorybuildings,acopyofthefollowingshallberequired:
(a)Lot number.
(b)Architectural plans and elevations, if prepared, or scaled sketch showing plan and elevation views of the proposed construction, at a scale of 1/4-inch equals 1-foot or larger.
(c)Description of materials and samples or vendors literature for exterior surface materials and colors to be used.
(d)A site plan showing the location on the lot and the general dimensions of the proposed construction.
Section 5, Special Impact Provision: Petitionsdeemedbythecommitteetopotentiallyhaveanimpactuponalargeportionoftheneighborhood(asopposedtoimpactlocaltothelotinvolvedandtheimmediatelyadjacentlots),the30-dayperiodmaybeextendedto60-daysatthediscretionofthecommitteechairperson. Insuchcases,thecommitteechairpersonshallnotifythepetitionerwithin21daysofreceiptofapetitionandfollowtheproceduresdescribedinArticleV,Section2(b).
Article VArchitectural Control Committee Duties and Procedures
Section 1, Submissions: A petition for review by the Committee shall be made to only a member of the Architectural Control Committee. Members shall promptly notify the committee chairperson of receipt of a petition, including the date of receipt.
Section 2, Special Impact Submissions:
(e)If, in the opinion of the Committee, a structural change is deemed to have a significant impact on the immediate neighbors the committee shall take steps to inform and obtain the opinion of the affected lot owners.
(f)If, in the opinion of the Committee, a structural change is deemed to have a significant impact on the entire community, the applicant shall be notified within fifteen (15) days that their request will be reviewed by the Board of Directors. The board may decide to solicit comments from a larger cross-section of owners. If, at the direction of the board, such comments are to be solicited, those comments will be solicited and compiled by the Architectural Control Committee, which will render a decision fifteen (15) days following the board’s decision to solicit such comments. If this extraordinary board action is taken, the 30-day rule at Article IV, Section 2, will be held in abeyance, but shall not exceed sixty (60) days.
(g)If the Architectural Control Committee determines that a decision cannot be responsibly made within thirty (30) days from submission, they shall notify the applicant and request an extension of not more than 15 additional days to reach a decision. If the extension is denied, the petition shall be deemed disapproved.