Architectural Review Board Architectural Standards For

Architectural Review Board Architectural Standards for

Franklin Meadows Homeowners Association

I. GENERAL INFORMATION

(A) Authority. The Declaration of Covenants, Conditions, and Restrictions, herein after termed Covenants, Conditions, and Restrictions (CCRs), apply to each deeded property within the Franklin Meadows Community and require the formulation of a community Architectural Review Board (ARB). The Declaration of Covenants, Conditions and Restrictions charge the ARB with the duty of regulating the external design, appearance, and/or location of each structure within the community, and all improvements and modifications thereto. This is to preserve and enhance property values throughout the community and to maintain harmonious relationships and openness among structures and the natural vegetation and topography throughout the community.

(B) Objectives. The intent of the CCRs and the architectural standards is to assure all homeowners that the standards of design quality within the community will be maintained and equitably enforced. This, in turn, protects property values and enhances the community’s overall environment. The ARB Architectural Standards of the Franklin Meadows HOA serve as a guide to aid Members of the ARB, the Franklin Meadows Board of Directors, and all residents in maintaining and enhancing Franklin Meadows’ designed environment. Specific objectives of this document are to:

(1) Enhance the preservation and continuation of environmental qualities which contribute to the overall benefit of the Franklin Meadows community;

(2) Describe the procedures and organizations involved with the adoption of architectural standards based on the CCRs;

(3) Provide uniform guidelines to be used by the ARB in reviewing applications in accordance with the goals set forth in the Declaration of Covenants, Conditions and Restrictions, adopted architectural standards, and guidance from the Board of Directors;

(4) Increase homeowners’ awareness and understanding of the CCRs and adopted architectural standards;

(5) Present design principles to aid homeowners in planning and accomplishing exterior improvements that are in harmony with the immediate neighborhood and the community as a whole;

(6) Assist in preparing an acceptable (complete) application to the ARB.

(1) Architectural Review Board (ARB). The ARB, a permanent board of the Association, was established and given authority in the CCRs. It performs the task of ensuring and maintaining the design continuity of all homes and surrounding environs by establishing guidelines and monitoring the architectural review process. The ARB ensures that proposed exterior alterations comply with the objectives set forth in the CCRs. This involves review of all applications for exterior alterations submitted by homeowners. Additionally, the ARB must ensure that files are maintained to record all actions taken concerning specific properties. The ARB must also conduct periodic inspections of all properties to ensure adherence to the guidelines and objectives.

(D) Items Requiring ARB Approval.

(1) Article VI Section 2 of the FMHOA Article VI, Section 2 of the Declaration of Covenants, Conditions and Restrictions, issued November 7, 2002, states:

“No structure or addition to a structure shall be erected, placed, altered or externally improved on any Lot until the plans and specifications, including design, elevation, material, shape, height, color and texture, and a site plan showing the location of all improvements with grading modifications, shall be filed with and approved in writing by the Architectural Review Board, and, if required, by appropriate authorities and, where required, appropriate construction permits obtained. “Structure” shall include, but not be limited to, any building or portion thereof, wall, deck, play equipment, storage shed, greenhouse, skylight, solar panel, fence, pool, pavement, driveway or appurtenances to any of the aforementioned.”

(2) The above article requires that permanent changes to the exterior of any property receive prior approval of the ARB. Please note that the ARB approval requirement is not limited to major alterations, but includes such items as change in colors or materials, and the removal of existing items. Each application is reviewed and approved on an individual basis.

(E) Application Process.

(1) General. Unless stated otherwise in the second section of this document, an application must be submitted for every permanent desired exterior change, using the Franklin Meadows HOA Application for Exterior Alterations. When there is doubt as to whether or not an application is necessary, an application should be submitted. Application content requirements are listed on the form and must be complete in all circumstances. Incomplete applications will be returned to the originator within fourteen (14) days. In some cases, additional documentation must be submitted with the application, which is described in the second section of this document. The information provided in the application is required for the ARB to make an objective evaluation and decision. The application areas requiring completion or elaboration will be identified. Application forms may be obtained from the Board of Directors or from the Architectural Review Board, c/o Franklin Meadows Homeowners’ Association, Post Office Box 821, Culpeper, VA 22701 or at franklinmeadows.webs.com. No project may be commenced prior to ARB approval. If a homeowner has begun or completed a project, which subsequently is disapproved, the homeowner may be required to dismantle the project at his expense or may be subject to a special Restoration Assessment for the cost of such dismantling/removal accomplished by direction of the HOA.

(2) Site Plan. A site plan is a scaled drawing of the lot (site), which shows the exact dimensions of the property, adjacent properties, and all proposed improvements to the site as described in the application. A site plan may be required with the application. Contour lines are required to be shown on the site plan when drainage is a consideration. In most cases, the site plan for an application may be developed from the plat plan provided to each homeowner at closure of the home purchase. Additional copies of the official plat can be obtained from the Culpeper County Zoning Administration.

(F) Application Procedure.

(1) Filing. Application forms shall be mailed via Registered Mail or Certified Mail – Return Receipt to:

Architectural Review Board

Post Office Box 821

Culpeper, VA 22701

When received, the application will be reviewed for completeness and accuracy. Incomplete applications will not be accepted and will be returned.

(2) ARB Review. The ARB will meet to review the received applications. The ARB must act on an application within forty-five (45) days after it is has been received.

(G) ARB Review Criteria.

(1) The ARB reviews all submissions on the individual merits of the application. In addition to evaluation of the particular design proposal, consideration is also given to the following:

(a) Compliance with County Codes applicable to the proposed modifications;

(b) Compliance with the Declaration of Covenants, Conditions and Restrictions and the ARB Architectural Standards;

(d) Special considerations of the homeowners, e.g., handicapped.

(2) Judgments of acceptable design made by the ARB are not based on any one individual’s personal opinion or taste, but are based on the general standards contained in the CCRs and specific guidance developed from previous ARB actions, FMHOA and Board of Directors’ guidance, and the architectural standards presented in the second section of this document. Such standards are based on;

(a) Validity of Concept. The basic idea behind the proposed modification must be sound and appropriate to its surroundings.

(b) Design Compatibility. The proposed modification must be compatible with the architectural characteristics of the applicant’s house, adjoining houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, use of similar materials, scale of modification as related to adjacent structures, and the use of similar colors and construction details.

(c) Location and Impact of Neighbors. The proposed alteration should relate favorably to the landscape, the existing structure, the neighborhood, and the surrounding neighborhood boundaries. Primary concerns are access, view, sunlight, and drainage.

(d) Scale. The size, in three (3) dimensions, of the proposed improvement should relate well to adjacent structures and surroundings

(e) Color. Colors may be used to soften or intensify visual impact. Parts of the proposed improvement that are similar to the existing house, such as roofs and trim must be similar in color to the original colors.

(H) Completion of Approved Modifications. An approved application remains valid pending project completion for one hundred eighty (180) days. Once started, project work should be conducted without interruption, with allowance for weather and materials delivery. In the event work suffers a major interruption, the ARB is to be notified. A project that is not started within the one hundred eighty (180) day period requires re-application. Modifications of an approved project require ARB approval. Modifications of size, color and design require special re-application to the ARB detailing the desired modifications. Memorandum of such approval of the copy will be recorded on both the homeowner’s and the ARB’s copy of the approved application form. The ARB will follow-up approved projects to ensure the projects were completed as presented in the ARB application and as approved by the ARB

(I) Appeals. The decisions of the ARB can be appealed if the applicant feels that proper procedures were not followed during the review process, the applicant’s proposal was not given a fair hearing, or that all applicable information was not considered. There are two (2) procedures for appeal:

(1) Request for Reconsideration by the ARB. This is particularly appropriate if there is additional information or special considerations that may not have been clearly presented in the application or understood by the ARB. A request for reconsideration must be submitted in writing within thirty (30) days following receipt of notice of the ARB decision. The basis for the request must be presented in the letter. The request will be considered by the ARB during the next meeting. The homeowner may be present during discussion and deliberations. The ARB decision process will, however, be closed to the homeowner. The ARB decision will be a matter of public record.

(2) Appeal Directly to the Franklin Meadows HOA Board of Directors. Such appeal is appropriate if the homeowner believes the ARB decision was arbitrary or not rational, or that personal preference or taste affected the notice of the ARB decision and/or declination of a request for homeowner or designated representative. A member of the ARB will participate to present the ARB’s position. The Board’s decision will be a matter of public record. Decision of the Board will be final. The Board, if required, will initiate legal action. The Board will advise the homeowner and the ARB of the decision.

(J) Enforcement Procedures. The the Declaration of Covenants, Conditions and Restrictions require the ARB to ensure that all lots are in compliance with the Association’s Architectural Regulations. This is usually accomplished by, but not limited to, a periodic “walk-through” of the community. In instances where non-compliance is observed or reported, the following enforcement procedures will occur:

(1) The violation, if found by other than walk-through, will be confirmed by a site visit by the ARB or ARB member(s). The homeowner will be advised of the violation by letter.

(2) If the action to resolve the violation is not initiated within thirty (30) calendar days of the date of the initial violation notice, a second notice will be sent by certified mail to the homeowner.

(3) Cases of non-resolved violations will be referred by the ARB to the FMHOA Board for further action.

(K) Disclosure Package. A Disclosure Package should be completed and issued to the settlement attorney prior to the closing of the sale of any property. The package provides information on the current status of assessment payments and the existence of any violation of the architectural standards. The Disclosure Package helps protect the future buyer against unknown problems with past owners’ architectural changes or past due assessments. It also helps protect the seller from potential lawsuits involving violations of the CCRs by subsequent owners.

(L) Amendments to the Architectural Regulations. These Architectural standards may be amended by a vote of the Board of Directors upon recommendation by the ARB to provide clarification, reflect changed conditions, or technology. The ARB will conduct an annual evaluation of the Standards to determine if amendments are required. Homeowners are also encouraged to submit at any time suggestions and recommendations for additions or changes to the Architectural standards.

(M) Maintenance Requirement.

(1) Homeowners are responsible for maintaining the exterior of their dwellings and any other structure on their lots, such as decks, fences, and/or sheds. The following situations represent some general conditions, which would be considered a violation of the Declaration of Covenants, Conditions and Restrictions.

(a) Paint peeling or damage to exterior siding or trim of the house including but not limited to mildew;

(b) Shutters sagging or missing;

(d) Decks sagging or leaning or with broken or missing railing in need of general repair;

(e) Concrete or masonry block foundations in need of resurfacing or repainting;

(f) Sidewalks that are cracked or broken so as to present a hazard or degrade the surrounding environment;

(g) Erosion, or blocked storm drains so as to cause erosions problems. Each homeowner is responsible to maintain proper drainage through their property and not block, hinder or destroy the natural draining from adjoining properties and/or utilities.

(h) Yards should be maintained with a neat appearance, and kept free of debris and over growth of vegetation.

(2) In instances when a maintenance problem goes uncorrected, the homeowner will be notified in writing of the deficiency. If no correction is taken within thirty (30) days following notification, the Association will work with the Home owner(s) and may contract for the required repairs with the costs of such repairs added to the homeowner’s assessments. Any delinquency will result in legal actions and ultimately result in a lien filed against the property.

II. Architectural Standards.

These standards are NOT all inclusive. They serve to supplement and clarify the FMHOA Declaration of Covenants, Conditions and Restrictions, Article VI, Restrictive Covenants. When in doubt as to whether or not an Application for Exterior Alteration should be submitted, the owner must submit an application or may contact the ARB or Board of Directors to determine applicability. Note: Consideration must always be made to neighbors.