FOX HOLLOW VILLAGE ARCHITECTURAL CONTROL STANDARDS (ACS)
VERSION 1.2
Fox Hollow Village
Architectural Control Standards
TABLE OF CONTENTS
Topic / Page # /Summary of Current Version Changes / 4
Introduction
The Design Advisory Board (DAB) / 5
About The Architectural Standards / 5
Authority of the DAB / 5
Requesting Changes to Property / 6
The DAB Approval/Denial Process / 6
Appeal Process / 7
Enforcement of Standards / 7
Rights of the Association in Managing Noncompliance to Standards / 8
Rights of Association Relating to Cleanup of Unsightly Lot / 8
Rights of Association Relating to Exterior Repairs / 9
Rights of Association Relating to Landscaping Replacement / 9
Rights of the Association Regarding Damaged Home Interiors / 9
Procedure for Amending the Architectural Control Standards / 9
Standards
Antennas, Cable, & Satellite Dishes / 11
Clothes Lines / 12
Concrete Areas, Patios, and Decks / 12
Dog Houses and Runs / 12
Exterior Decorative Objects / 13
Exterior Lighting / 14
Exterior of Home Modifications / 14
Doors, Front Entry / 14
Doors, Screen & Storm / 15
Garage Screens / 15
Painting of Exterior Walls, Garage Door, & Entry Door / 15
Exterior Air Conditioner Units / 16
Fences, Walls, & Hedges / 16
Firewood / 16
Flagpoles / 16
Greenhouses / 17
Grills / 17
Gutters and Down Spouts / 17
Holiday Decorations / 18
Insurance, Home / 19
Interior of Residences / 19
Lanais / 19
Landscaping / 20
Association’s Yard Maintenance Obligation / 20
Irrigation Systems / 20
Landscape Elements: Border Materials / 21
Landscape Elements: Lawns / 21
Landscape Elements: Mulch / 21
Landscape Elements: Plants / 22
Landscape Elements: Trees / 22
Landscaping Plans / 23
Replacement Landscaping / 23
Mailboxes / 24
New Home Construction / 24
Newspaper Receptacles / 24
Parking / 24
Pets & Other Animals / 25
Recreation and Play Equipment / 26
Rentals / 27
Roads / 27
Roofs / 28
Sewage / 28
Sheds & Outside Storage / 28
Skylights / 28
Signage / 29
Solar Panels / 29
Swimming Pools / 29
Temporary Structures / 30
Trash Disposal / 30
Use of Property / 31
Windmills / 31
Windows & Window Treatments / 32
Design Advisory Board Request Form (Appendix A) / 33
History of Version Changes (Appendix B) / 35
Summary of Current Version Changes
1.2 / Approved by BOD on 1/30/2018 / Changes as described below:
INTRODUCTION - About The Architectural Standards – (Page 5) Rephrased how changes to covenants are modified to point back to the governing documents rather than be as specific.
INTRODUCTION - The DAB Approval/Denial Process – (Page 6) Modified this section to be consistent with changes to the Fox Covenants that were voted upon at the 11/9/17 Annual Fox Hollow Members Meeting.
INTRODUCTION - Appeal Process – (Page 7) Modified this section to be consistent with changes to the Fox Hollow Covenants that were voted upon at the 11/9/17 Annual Fox Hollow Members Meeting.
INTRODUCTION - Procedure for Amending the Architectural Control Standards – (Page 9) Rephrased how changes to covenants are modified to point back to the governing documents rather than be as specific.
STANDARDS - Exterior Decorative Objects – (Page 13) Added new requirements and restrictions.
STANDARDS - Exterior of Home Modifications - Doors, Front Entry – (Page 14) Revised the standard paint color for front entry doors to “Fox Hollow Cranberry”.
STANDARDS - Exterior of Home Modifications - Doors, Screen & Storm – (Page 15) Added specifications for DAB recommended products.
STANDARDS - Grills – (Page 17) Added requirement for actions to be taken during high wind warnings.
STANDARDS - Landscaping - Landscape Elements: Border Materials – (Page 21) Added requirement related to poured concrete edging.
STANDARDS - Landscaping - Landscape Elements: Plants – (Page 22) Removed restriction regarding potted planted in front yard.
STANDARDS - Landscaping - Landscape Elements: Trees – Tree Removal: – (Page 22) Modified this section to be consistent with changes to the Fox Hollow Covenants that were voted upon at the 11/9/17 Annual Fox Hollow Members Meeting.
STANDARDS - Pets & Other Animals – (Page 25) Included requirements pertaining to the feeding of feral cats.
STANDARDS - Roofs – (Page 28) Added information about DAB recommended shingle colors.
STANDARDS – Use of Property – No Discharge of Dangerous Projectile Objects (Page 31) Expanded this restriction to include many other potentially dangerous projectile items besides firearms.
INTRODUCTION[1]
The Design Advisory Board (DAB)
The Design Advisory Board (DAB) and the Board of Directors (BOD) have governance responsibilities and authority in Fox Hollow Village. The BOD oversees the DAB and is also the forum available to all association members to request an appeal hearing regarding decisions made by the DAB. To maintain a fair and proper check and balance structure and to avoid any conflict of interests, membership of the DAB must not include any BOD member, or relative of any BOD member, or any person living in the same household with a BOD member. To assure that decisions are fair and balanced DAB membership cannot include more than one person living in the same household or person who is related by birth or marriage to another DAB member. The Chair of the DAB is appointed by the BOD and the DAB reports to the BOD. In a nutshell the DAB oversees the esthetic appearance of the entire community assuring that architectural standards are adhered to.
About The Architectural Standards
Architectural standards are derived from both the governing documents (covenants & by-laws) as well as from BOD approved policies.
Standards that are defined specifically in the governing documents cannot be altered without Fox Hollow property owners voting in favor of making such alteration as defined in the governing documents.
Standards that are defined by the BOD can be altered by a majority vote of the BOD voting in favor of making a change. The purpose of these kinds of standards is to:
· Clarify and define areas of vagueness written into the governing documents.
· Create procedure around a requirement so that it may be fulfilled.
Standards created through BOD policy cannot negate or work against any of Fox Hollow’s governing documents.
Authority of the DAB
Before work begins on any property in Fox Hollow, the DAB has the authority to approve or deny:
· Designs and plans for new structures including both the building plan as well as the landscape plan.«
· Plans for structural alterations, painting, and repairs that may alter the outside appearance of the structure.«
· Plans for landscape alterations that may change the appearance of the property.«
When work is performed without prior and appropriate DAB approval, the DAB has the authority to require the owner to undo whatever work was performed and return the property to its prior appearance.« This could be quite costly to the owner.
The DAB has the responsibility and the authority to enforce architectural standards across Fox Hollow by identifying architectural standard non-conformances and working towards resolution with violators. «
Requesting Changes to Property
Requests to make changes to property, whether a lot or a residence, require the owner to complete a DAB Request Form. See Appendix A for form. This form is provided to any resident by asking any DAB member.
To electronically download the form, go to Fox Hollow web pages at http://www.meadowcrestvillages.org/fhpoa and click on “Forms & Other Documents”. This will open up the forms page. Click on the DAB Request Form and print out.
Owners complete the form. Requester should be very specific with details and should include any information that would be helpful to clarify understanding such as photos or pictures of the products that will be used, drawings of owner’s yard pointing out where the work will be done, specify colors exactly or provide product codes so that they can be researched. Once an owner has everything in order, completed requests are handed over to DAB along with any supporting materials. It is advised that owners make a copy of the DAB form and other information turned in for their records.
Fox Hollow covenants require that the DAB respond to your request within fifteen (15) days of the receipt of the request.«
The DAB Approval/Denial Process
DAB Requests shall be discussed with affected Owners as determined by the DAB. Feedback from said Owners may be considered prior to a decision made by the DAB. The final DAB decision shall be communicated on the same day to identified affected Owners, the BOD, and the DAB Requester.«
Approval will be indicated in writing on a copy of the DAB Request Form which will be returned to the owner. The copy will show the names and signatures of two DAB members and the effective date of approval.
Where affected Owners are involved, approvals shall include in writing on the DAB Request Form a fifteen (15) day waiting period before approved work can begin.«
If the DAB request is denied approval the DAB will indicate in writing on the form the reason for any denial of what was requested.« Sometimes the DAB will indicate a conditional approval as there may be an element on the DAB Request Form that is denied acceptance while the remainder of the request is acceptable. Owners need to read the DAB approval carefully.
If an owner has not received a written response from the DAB in that 15 day time frame, they may escalate the matter by sending a copy of their request directly to the President of the BOD. The President is required to respond in writing within fifteen (15) days.«
Original completed DAB Request Forms along with all the supporting documentation is kept together and stored for seven (7) years as required by Florida statutes.«
Appeal Process
Any owner whose request is denied by the DAB shall have the right within fifteen (15) days to file a written request for review with the BOD. The BOD shall set a mutually acceptable date for a hearing within fifteen (15) days at which time the DAB and the owner may present their case with the BOD’s decision to be final. «
Upon receipt of proper appeal notice from aggrieved Owner(s) the BOD shall (1) arrange within fifteen (15) days a review of the DAB Request and DAB decision in order to make a final decision on the matter and (2) shall extend the waiting period until the matter is finally decided by the BOD. The BOD shall notify the DAB Requester and the aggrieved owners of the delayed approval period.«
The outcome of the appeal hearing of the DAB Request will either be approval, conditional approval, or denial. The Board’s decision is final on the matter.
Enforcement of Standards
The following shall be the required method of enforcement for violations of the architectural standards:
An owner, who has made an alteration or addition to the exterior of a residence or to a lot without prior approval of the DAB, shall be subject to removal of such alteration or addition if such alteration or addition does not fall within the architectural standards.«
An owner who is in violation of the architectural standards shall receive prompt written notification from the DAB, citing the Article and Section pertaining to such violation. Notification will include a request for compliance or a response within fifteen (15) days after receiving said notification.«
An owner who does not respond to the DAB’s request for compliance or response shall receive prompt written notification from the BOD, reinforcing the DAB’s previous notification. Notification will include a request for compliance or a response within fifteen (15) days after receiving said notification.«
If after receiving two written notifications and, after a period of not less than thirty (30) days from the date of the first notification, the owner fails to comply or respond to either the DAB or the BOD, the BOD shall refer the matter to the association’s attorney of record for enforcement. The property owner shall be responsible for any attorney’s fees, court costs, or any other expenses incurred by the association as a result of this action.«
Violation Fines -- Fines may be levied at the discretion of the BOD for violation of covenants, conditions, and restrictions, by-laws, and Architectural Control Standards. If a violation incurs a cost to the association, the homeowner may be fined the actual costs incurred by the homeowners association plus a fee of 15% of the total cost additional to cover the time and effort expended by the homeowners association to work on the identification and final resolution of the violation. If a violation does not incur any cost to the association, the homeowner may be fined $25 for the first offense at the discretion of the BOD. If a homeowner repeats the same violation again or repeatedly after being adequately notified in writing, the fines may be doubled cumulatively for each repeated occurrence.
Rights of the Association in Managing Noncompliance to Standards
Rights of Association Relating to Cleanup of Unsightly Lot -- In order to implement effective insect, reptile and woods fire control, the association shall have the right, but not the duty, to enter upon any lot such entrance to be made by personnel with tractors or other suitable devices, for the purpose of watering grass and shrubs, mowing, removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, which in the opinion of the association detracts from the overall beauty, setting, and safety of the property. Such entrance for the purpose of mowing, cutting, clearing, or pruning shall not be deemed a trespass, but shall be deemed a license coupled with an interest. The association and its agents may likewise enter upon such land to remove trash which has collected on such lot, without such entrance being deemed a trespass. This provision shall be construed as an obligation on the part of the association to mow, clear, cut or prune any lot and to provide garbage or trash removal services. The costs incurred by the association in exercising its rights for noncompliance shall constitute a special assessment against the owner of the lot and shall in every respect constitute a lien on the lot, as would any assessment or special assessment.«