Latta Woods Architectural Guidelines
The Architectural Control Committee (“ACC”) is providing the attached Architectural Design Guidelines (“Guidelines”)a provision of the Declaration of Covenants, Conditions and Restrictions (“Declaration”), for purposes of establishingand maintaining exterior design elements throughout the community. This document should be filed with thehomeowners’ copy of the Declaration received at closing. It is the responsibility of each homeowner to pass along theDeclaration and Guidelines to any future buyer of their home. It is important to note that the Guidelines are applicable to most all future building exterior and property improvementsas well as to homeowner improvements that were not previously submitted and approved. Guidelines for initial homeconstruction by approved homebuilders may vary from any current guideline standards. The ACC may update, reviseand adopt new guidelines at their discretion as provided in the Declaration. Improvements approved under previousGuidelines may be exempt from any updated or amended versions at the discretion of the ACC. Any replacement,alterations or modifications to such improvements may be cause for full compliance with any updated Guidelines.These Guidelines will be utilized by the ACC to evaluate and approve/disapprove property alterations and/orimprovements throughout the community. Homeowners should use these Guidelines in planning changes to theirproperty that will require ACC review.
AUTHORITY FOR THIS DOCUMENT
Architectural Standards are referenced in your community’s Declaration of Covenants in Article 5
Section A.
GOVERNMENT RULES AND REGULATIONS
In addition to compliance with the rules and regulations of the Association, homeowners and residents are required to comply with all Durham County, state and federal laws, statutes, rules, regulations and ordinances. Any acknowledgment or approval by the Association of a homeowner's request is not intended to indicate that homeowners or residents have complied with local, state, and federal laws. The homeowner is responsible for obtaining appropriate building permits.
APPLICATION PROCESS
Changes to the outside appearance of your home or lot require prior approval from the ACC. Unless stated otherwise, a written application is required.
You must -
a. Carefully plan your improvement or modification to conform to these guidelines.
b. Complete an application form.
c. Include the information requested in the appropriate section of this document.
d. Mail or deliver the completed application to the Association’s management company.
e. Confirm receipt and promptly reply to any questions posed by the ACC or the Board of Directors.
f. Prior to commencement of any project requiring a permit, submit the permit number to the ACC.
*If a plat is required for your application, you should use a copy of the one that should, by law, have been provided to you upon purchase of your property. This plat would reflect all developments on the land at the time of purchase. If you did not receive such a plat or are unable to locate one, you should first try to contact your lender or settlement firm to see if one is on file. If that fails, the ACC will accept the latest plat in the county records, provided it shows the house as built.
TIME PERIOD
The ACC will consider each application promptly and provide a written decision to the Lot Owner within 30 days of receipt of a correctly completed application. If the application is incomplete, that is, does not contain all information specified in the relevant section, the Lot Owner will be notified and must provide all requested additional information in a timely manner. The corrected application will be reviewed and the Lot Owner will be notified of the ACC’s decision within ten days of receipt of the supplemental information. If the ACC fails to act upon any completed request within 30 after submission, the application shall be deemed to have been approved as submitted.
The Architectural Control Committee (ACC) will try to consider each application in a prompt manner and provide a decision to the homeowner as soon as practical. In the event, however, that the ACC, or its designated representative fails to approve, or disapprove in writing a correctly filed and completed application (that is, one that contains all of the information specified in the relevant section(s) of the Architectural Guidelines) within thirty (30) days, approval will be deemed granted. Disapproval will include the reasons for such disapproval. The 30-day period begins on the day the completed application is received by the ACC chair. The ACC chair will notify the applicant upon receipt of the application, indicate whether the application is complete, and, if not, indicate what additional information should be provided directly to the ACC chair.
APPEAL
An applicant may appeal an adverse ACC decision to the Association’s Board of Directors, which may sustain, reverse, or modify such decision.
ENFORCEMENT
Enforcement of these Architectural Guidelines shall be as stated in Latta Woods Declaration of Covenants, Conditions and Restrictions, as amended. In the event of a violation, including the failure to perform necessary exterior maintenance in a timely fashion, and upon written notice from the ACC or the Board of Directors, the violation must then be promptly removed or corrected.
The Board shall given written notice to the Lot Owner of the perceived violation, the action necessary to remedy it and a reasonable time to comply. If the violation is not abated in the time specified, a second notice will be sent requesting immediate compliance and setting out the violation fees. Failure to end the violation or contact the Board to request a hearing within five days after receipt of the second notice may
result in rules violation chargesnot to exceed$100 per day until the violation is abated, for a period not exceeding 90 days, or the maximum amounts otherwise allowed by law.
In addition to any other remedy available, the Association, the Board or its agent shall have the right after the above steps have been taken, to do any and all work (including removal, repair and replacement) reasonably necessary to correct the violation. All costs or charges resulting from such work shall be the sole responsibility and personal obligation of the offending Lot Owner, and shall be treated as an assessment for purposes of collection and for purposes of Section 6.B of the Covenants.
All remedies are deemed to be cumulative and the assessment of charges shall not constitute an election of remedies. The Association may take such other legal and appropriate action as the Board deems appropriate to seek compliance. All such violations shall be noted in any disclosure package issued with respect to the owner's lot. It shall be the responsibility of the Lot Owner to advise their tenants of the regulations. Ignorance of these regulations shall not preclude their enforcement.
NO WAIVER and NO PRECEDENT
Similar to the provision stated in the community’s Declaration, the failure to enforce any provision of this document shall in no event be deemed a waiver of the right to enforce it later. Also, a variance granted for one property shall not create a precedent for another.
SEVERABILITY
If any one provision of this document is determined to be invalid, it shall in no way affect any of the other provisions, which shall remain in full force and effect.
Lot Owners shall at all times keep their lots, and the buildings and improvements thereon, in good order, condition, and repair. All maintenance, repair or replacement must be completed as soon as reasonably possible. Appropriate maintenance shall include, but not be limited to, the following:
GENERAL:
All lots shall be maintained in a neat and attractive condition by their respective owners. Upkeep and replacement of the lawn, natural areas, trees,shrubbery and planting beds shall be the sole responsibility and expense, and is expected of the homeowner to insure the continuity and aesthetics of the exterior design of the community.
Generally, supplementing, replacing or adding plants to an existing planting bed does not require approval except in cases where plant material may be a nuisance or otherwise negatively impact the community.
All hardscape improvements (i.e. improvements other than plant materials) such as paving, trelliage, bird houses, statuary, borders, walls etc.) viewable from the street must be submitted for approval. Avoid mixing types or styles ofhardscape materials (such as a wall with stone and another with timber, or two types of edging, etc.).
LAWNS:
All yard areas shall be established as turf grass, planting beds or mulched/maintained as natural areas.Bare areas shall not be permitted. Lawns should be mowed regularly and trimmed around fixed structures (e.g. house, mailbox, outbuilding, fences) to a comparable height of the mowed lawn. Measures shall be taken to satisfactorily maintain turf areas (mowing, raking, watering, weeding, pest control, etc.) year round. Turf grasses shall not grow beyond a4” height or “head-out” as applicable. Generally speaking lawns should be mowed and weeded every 5-7 days in the growing season.
MULCH:
Mulching of planting beds is required in all areas visible from the street . Large expanses of mulch areas are discouraged. The following mulches do not require ACC approval:
• Pine needles
• Hardwood/Pine shredded wood mulch
• Hardwood/Pine wood nuggets
All other mulches must have ACC approval prior to installation.
EDGING:
Edging is the material often used to separate planting beds from lawn areas and similar applications and is generally installed flush with the surrounding grade. The following edging materials do not require ACC approval:
• Black, plastic edging installed flush with the lawn
• Metal edging installed flush with the lawn (Black, Brown, or Green in color)
• Landscape stone or brick border (matching house if applicable).
• Pre-cast block (i.e. keystone) border to match or complement the colors of the house.
• All other edging visible from the street must have ACC approval prior to installation.
LANDSCAPING:
- Supplemental landscaping for aesthetic and environmental purposes is encouraged. Planting areas should be designed with flowing forms and a mixture of plant types. Avoid plants that maybe a hazard or nuisance to adjacent Lots, plants that create “litter”, or plants that may be impractical for their location (i.e. low branching or evergreen trees near sidewalks, etc.).
- All planting beds must be kept in a neat and orderly condition, and must be freefrom debris, excessive weeds, and dead plants, bushes, trees and shrubs.Trees and individual specimen plants may be placed on the front lawn with a mulch saucer.
NATURAL AREAS:
General maintenance of existing trees and shrubs is expected from the homeowner. It is recommended that existing plants be contained within, or incorporated into a planting bed. Maintenance should include, but is not limited to: weeding, fertilizing, mulching and watering as well as the removal, disposal, and replacement of dead trees, shrubs, limbs, grasses and other undesirable vegetation on your property.
- Any tree removed from the front lawn must be replaced with a deciduous tree similar in size. Replacement of trees in the front yard requires ACC approval.
- Underbrushing and vista pruning of natural areas is allowed, however, the area must be mulched or otherwise stabilized upon completion. Homeowners are encouraged to maintain small saplings of desirable species in natural areas as succession forest plants.
- Drainage easements shall be maintained and kept free from debris blocking or diverting water from properly flowing.
GARDEN AREAS:
Garden areas should be in the back yard and out of view from the street. Gardens shall be of a size and scale appropriate for the lot and should not exceed 250 square feet. Gardens should not be visible from streets and may be required to be screened from adjacent lots if determined to be a visual nuisance. Gardens shall not create a nuisance or hazard of any kind to adjacent lots or common open space areas. Gardens that are not properly maintained as determined by the ACC shall be in violation.
IRRIGATION:
Underground irrigation systems are allowed as approved by the ACC. Irrigation systems should notimpact streets, walks, adjacent lots, common open space or environmentally sensitive areas. Thehomeowner shall be responsible for any damage to systems located within the street ROW or othereasements.
LIGHTING:
Fixtures should enhance the design of the house, lot and community. Light source shall not create a nuisance or emit glare directly to streets and adjacent properties. Soffit mounted spot lights are discouraged. Landscaping lights do not require ACC approval.
RETAINING WALLS/WALLS:
Walls should add an aesthetic element to the landscape design as well as complement the house and lot. The following wall materials are recommended and acceptable.
• Timber/Rail Road ties (new material only if visible from the street or common open space).
• Landscape Stone (landscape stone is typically categorized or named).
• Brick, matching house if applicable.
• Manufactured segmental block (i.e. keystone) matching or complementing the style and colors of the house.
WALKS/DRIVES/PATIOS:
All paving additions or extensions visible from the street must be approved by the ACC. Paving is allowed within building setbacks however no closer than 1 foot from any property lines. Large expanses of paving arediscouraged. Each owner is responsible for obtaining any required permits through the city with regards to impervious surfaces.
PARKING:
On-street parking is highly discouraged except for occasional gatherings or events. Vehicular parking is limited to designated paved areas only. No parking is allowed in grass areas or yards unless prior approval has been granted. Damaged or otherwise inoperative vehicles as well as commercial vehicles, boats, trailers, campers and the like must be contained within an enclosed structure. Vehicular parking or storage in community parking areas is prohibited.
SIGNS:
Except as otherwise required by the City of Durham, no sign of any kind shall be displayed to public view on any lot except one for sign of not more than six square feet advertising the property for sale or rent, and two signs of not more than six square feet expressing support or opposition to political candidates, provided that such political signs shall not be placed on the lot earlier than 60 days before an election and shall be removed within two days after such election.
DECORATIONS:
All decorations must be tasteful and not offensive. Decorations shall not create a nuisance to adjacent lots, streets or common open space areas. The ACC reserves the right to order the removal of any decorations asmay be determined inappropriate. Seasonal and holiday decorations shouldnot be installed earlier than 30days prior to the holiday and shouldbe removed no later than 30 days following the holiday.
GARDEN ORNAMENTS:
No decorative objects such as sculptures, birdbaths, fountains and similar features shall be placed on a lot where visible from streets, adjacent lots and common open space areas without approval by the ACC.
OUTDOOR FURNITURE:
Outdoor furniture must be kept in the backyard or front porch. No outdoor furniture should be left in driveways or other areas of the yard visible from the street.
DEBRIS/REFUSE:
The Board of Directors will follow Durham City ordinances with regards to the storage of trash bins. All trash and rubbish shall be kept in garbage cans stored behind the unit and not visible from the street. Garbage cans may be moved to the street the night before the scheduled pickup, but must be returned to their storage area the night of the scheduled pickup.
Prohibited:
Interior or exterior window treatments with graphics, bright colors or patterns or as otherwisedetermined a visual nuisance by the ACC. Temporary window coverings such as sheets, paper, etc. arenot allowed to remain beyond 7 days. Outdoor clotheslines.
Submittal:
Please submit a Review Request form and the location and list of the landscape improvements drawn on your lot survey of the property. Additional plans may be necessary depending on the extent of theimprovements.
- Exterior trim must be kept free of rotten wood and peeling paint.
- Roof must be maintained so that surface stone is intact. Roof repair or replacement must be performed when the roof has deteriorated to the point that inner layers of asphalt are visible from the street.
- House siding must be free of excessive mildew and mold. Repairs to siding must match in color and size. No missing siding is allowed.
- Exterior doors, including screen and storm doors, must be hung properly and
maintained ingood appearance with no chipping or peeling paint. Garage doors must be kept in goodappearance and be free of any rotten wood.
- Broken or missing shutters must be repaired or replaced.
- Broken or missing glass panes in windows must be replaced.
- Broken or missing window mullions must be repaired or replaced.
- Sagging or missing gutters must be repaired or replaced.
- Broken or missing exterior lighting fixtures must be repaired or replaced. Lamp posts must be maintained in good appearance with no chipping or peeling paint.
- All exterior repairs must be completed in a timely fashion.
- Address numerals must be maintained.
- Driveways must be kept in good repair.
- Decks must be maintained with no missing or broken parts and must be re stained when needed. See DECKS for more information.
- Basketball setups must be in compliance with ACC guidelines as applicable. See BASKETBALL SETUPS for more information.
Additions, alterations and new construction external to the existing living unit(s) include, but are not limited to, rooms, garages, porticos, screened porches, gazebos, storage structures, and decks. See individual categories for additional information.