VILLAGE NIGUEL GARDENS COMMUNITY ASSOCIATION
ARCHITECTURAL REVIEW COMMITTEE (“ARC”)
GUIDELINES FOR FIXED RETRACTABLE AWNINGS
APPROVAL PROCESS
1. Prior to the construction or installation of any fixed retractable awning, homeowners must submit the properly completed applications and receive approval from the Architectural Review Committee (“ARC”) and subsequent Board of Directors approval.
2. Prior to the construction or installation of any fixed retractable awning, the homeowner must also obtain the necessary permits from the City of Laguna Niguel’s Building and Safety Department, including the appropriate permits for any electrical installation in conjunction with the installation of a fixed retractable awning, and submit copies of those permits to the ARC.
3. All application materials, permits and correspondence regarding the homeowner’s application to install a fixed retractable awning must be submitted to the ARC via Property Management Service.
4. The ARC will arrange a visit to the proposed site for installation prior to granting its approval. The ARC may request to visit the site during or at the completion of installation to ensure the installation meets the criteria under which the ARC granted its approval.
5. The homeowner’s application must be complete and include all appropriate schematic drawings, dimensions and specifications including, but not limited to, height, width, projection, pitch and drawings scaled in relation to the dimensions of the exclusive use patio area.
GENERAL REQUIREMENTS
1. All awnings in Village Niguel Gardens must be permanently fixed (i.e. attached to the exterior of the residence) and must be fully retractable (i.e. non-static).
2. Fixed retractable awnings must be supported by lateral arms. Vertical support arms or any other type of non-lateral support arms are not permitted.
3. All fixed retractable awnings must be permanently affixed to the exterior wall of the residence adjacent to and within the exclusive use patio area only. Awnings may not be installed on any exterior wall of the residence adjacent to any common area.
4. All fixed retractable awnings must have an automated retraction device, must have the ability to be manually retracted in the event the automated retraction device becomes inoperable, and must be accompanied by automated wind sensor and timer mechanisms that operate in conjunction with the automated retraction device.
5. All fixed retractable awnings must be installed on the first floor level of the residence. All fixed retractable awnings and their components must be installed no higher than ten (10) feet above the ground floor level of the exclusive use patio area. The farthest point of the awning when extended must be at least seven (7) feet above the ground floor level of the exclusive use patio area.
6. All sides of the fixed retractable awning, when fully extended, may be no closer than twelve (12) inches from the centerline of each common wall adjacent to the exclusive use patio area of the residence. Under no circumstances may retractable awnings extend into any common area.
VILLAGE NIGUEL GARDENS COMMUNITY ASSOCIATION
ARC GUIDELINES – FIXED RETRACTABLE AWNINGS
PAGE TWO OF THREE
7. A qualified California State licensed contractor must install all fixed retractable awnings and all installations must fully meet the manufacturer’s specifications, ARC requirements and requirements of the City of Laguna Niguel.
8. The main fabric must be solution-dyed acrylic. Main fabric color and piping material color must be homogenous to both the individual residence and community, and is subject to the approval of the ARC. Stripes, patterns and contrasting colors are not permitted.
9. Valances must be straight cut. Scallops, ornate designs or other non-straight cut valances are not permitted.
10. All fixed retractable awning attachment hardware must be stainless steel.
11. The homeowner is responsible for fulfilling the obligations under Section 4: “Successors and Assigns” of the Improvement Agreement. The homeowner (transferor) will send a copy of the assignment, assumption or similar agreement with the transferee to Property Management Service.
GENERAL USE REQUIREMENTS
1. Awnings may be extended at any time during the hours of 6:00 a.m. and midnight and must be fully retracted in excessive wind conditions.
2. Nothing shall be hung from or attached to any portion of the awning including, but not limited to clotheslines, foliage, wind chimes, art, lighting, windscreens or any type of material that would otherwise create an enclosure in the exclusive use patio area.
3. Failure to comply with the usage requirements provided herein may result in the Association taking corrective action, including monetary fines.
4. Fixed retractable awnings must be fully retracted at all times if the automated retraction device and/or the automated wind sensor mechanism becomes inoperable in any way. In these instances, the awning must remain fully retracted until the automated retraction device and/or automated wind sensor mechanisms are fully repaired and operational.
GENERAL MAINTENANCE REQUIREMENTS
1. Homeowners with fixed retractable awnings will fully abide by maintenance requirements of the Improvement Agreement.
2. Fixed retractable awnings must be kept in proper working order and physical condition at all times. Maintenance of the fabric material, support mechanisms, retraction devices and all other components of the awning is the sole responsibility of the homeowner or any subsequent transferee of the property.
3. Any wear, deterioration, tears in fabric, aging or the inability of any electrical and mechanical components to function properly must be immediately replaced or repaired by the homeowner or transferee of the property at the homeowner’s or transferee’s expense.
4. Any improvement, replacement or repair of fabric or other components of the fixed retractable awning must adhere to the original specifications approved by the ARC. Any addition, improvement, replacement or repair that does not meet the original specifications previously approved by the ARC requires the homeowner to gain prior ARC approval.
VILLAGE NIGUEL GARDENS COMMUNITY ASSOCIATION
ARC GUIDELINES – FIXED RETRACTABLE AWNINGS
PAGE THREE OF THREE
5. Failure to comply with the general maintenance requirements of the Improvement Agreement and the general maintenance requirements provided herein may result in the Association taking corrective action, as defined in the CC&R’s, Improvement Agreement and Violation Criteria and Enforcement section provided herein.
VIOLATION CRITERIA AND ENFORCEMENT
1. Failure of the homeowner to abide by the Improvement Agreement and/or the guidelines for fixed retractable awnings provided herein may result in the Association taking the following corrective action:
Offense
/Occurrence
/Action
/Fine
/General Use Requirements
/First
/Letter of Non-Compliance
/$0.00
//
Second
/Letter of Non-Compliance
/$50.00
//
Subsequent
/Letter of Non-Compliance
/In an amount 2X the most recent fine
/General Maintenance Requirements
/First
/Letter of Non-Compliance
/$0.00
/Homeowner must resolve issue, at own expense, within thirty (30) days after receipt of non-compliance letter.
/Second
/Letter of Non-Compliance
/$100.00
/ Homeowner must resolve issue, at own expense, within thirty (30) days after receipt of non-compliance letter./
Subsequent
/Letter of Non-Compliance
/$200.00
/Homeowner must resolve issue, at own expense, within thirty (30) days after receipt of non-compliance letter. Association may take further corrective action, including the removal of the awning at the homeowner’s expense.
VNG Awning Guidelines Version 1 (4/02)