Treyburn Residential Owners Association
(TROA)
Modifications Committee
Architectural Standards, Controls & Guidelines
for the
Treyburn Community
April 2011
Table of Contents
Section Page
Introduction and Purpose
Authority 1.1 4
Purpose1.2 4
Modifications Committee1.3 5 Requirements for Modification Requests 1.3.1 5 City, County, & Local Government Code 1.3.2 5
Document Distribution and Update1.4 6
Use Restrictions
Property Usage2.1 6
Authority2.2 6 Applicability 2.3 6 Specific Residential Usages 2.4 6
Animals and Pets2.4.1 6
Commercial Signs2.4.2 7
Firearms2.4.3 7
Property Maintenance2.4.4 7
Nuisance2.4.5 7
Playground2.4.6 7 Parking and Garages 2.4.7 7 Trash Receptacles 2.4.8 8
Architectural Standards, Controls & Guidelines Summary
Promulgation3.1 8
Applicability3.2 8
General Architectural Standards3.3 9
Decks3.3.1 9
Driveways, Extensions, Slabs or Pads3.3.2 9 Exterior Materials and Colors 3.3.3 9
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Section Page
General Architectural Standards, Section 3.3 (Continued)
Exterior Free Standing Structures3.3.4 9
Fencing3.3.5 9
Hot Tubs or Pools3.3.6 10
Landscaping and Lighting3.3.7 10
Mailboxes3.3.8 10
Roofs3.3.9 11
Street Addresses and Names3.3.10 11
Security Lighting3.3.11 11 Solar Panels and Sky Lights 3.3.12 11
Windows3.3.13 11
Always Prohibited3.4 11
Antennas on Common Areas3.4.1 11
Animals (non-household pets)3.4.2 11
Clotheslines3.4.3 11
Converting Garage Space3.4.4 11
Chain Link Fence, Wire and Dog Runs3.4.5 12 Encroachment on Other Property 3.4.6 12 Parking Vehicles on Soft Areas 3.4.7 12 Street Numbers on Curbs 3.4.8 12
Signs, except one (1) "For Sale" Sign3.4.9 12
Swimming Pools, Large, Above Ground3.4.10 12
Tents, Trailers & Temporary Structures 3.4.11 12
Window Air Conditioning Units3.4.12 12
No Approval Required3.5 12
Antennas and Satellite Dishes3.5.1 12
Alarm Systems and Security Cameras3.5.2 12
Exterior Repainting or Repairing 3.5.3 12
Exterior Lighting (Not All)3.5.4 12
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Section Page
No Approval Required Section 3.5 (Continued)
Landscaping3.5.5 13
Portable Recreational Equipment3.5.6 13
Removal of Dead Trees or Bushes3.5.7 13
Modification Approval Always Required3.6 13
Deviation from Architectural Standards3.6.1 13
Modification, Addition or Alteration3.6.2 13
Modification Approval Process
Modification Request4.1 14
Form4.2 14
Timeframe4.3 14
Decision 4.3 14
No Precedent4.4 14
Enforcement of Standards
Exclusive Jurisdiction5.1 15
Enforcement Actions5.2 15 The Management Company 5.3 15
Receiving Complaints5.3.1 15
Initiating Enforcement Action5.3.2 15
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Introduction and Purpose
1.1 Authority
The Declaration of Covenants, Conditions, and Restrictions for the Treyburn Residential Homeowners Association (TROA) and Design Guidelines ("Declaration") is a legal document filed with Durham County Registrar of Deeds. Article XI (Architectural Standards) of the "Declaration" authorizes the appointment of a Modifications Committee (MC) by the Board of Directors. The committee has exclusive jurisdiction over external modifications, additions, or alterations made to existing structures, units or open space properties. This article further empowers the Board of Directors to enforce the decisions of the MC. Article XII (Use Restrictions) of the "Declaration" allows the Board of Directors to impose stricter standards than those contained therein. These authorities are extended to the residential structures of Greenview Place except for variances authorized per their amended "Declaration" which may be found at: click on "TROA Information" and then on "Greenview CC&R." The authorities, however, are not extended to residential structures or open spaces of the Treyburn Forest Homeowners Association (Treyburn Forest and Treyburn Point.) Article XI also gives the New Construction Committee (NCC) exclusive jurisdiction over all original construction. On behalf of the Board of Directors, the NCC promulgates applicable design and development guidelines and application procedures.
1.2 Purpose
Article XI also requires the MC to promulgate detailed standards and procedures governing its area of responsibility. Historically, the "Declaration" has met this obligation, but now the document has become very detailed and cumbersome, containing multiple amendments and is sometimes difficult to interpret. Accordingly, in 2011, the Board of Directors determined that these Architectural Standards, Controls & Guidelines ("standards") be extracted and published to provide a more concise and readable document for TROA residents and occupants. Further, the ultimate objective is to provide for and maintain an attractive, aesthetically pleasing, consistent and quality neighborhood that we can all appreciate.
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1.3 Modifications Committee (MC)
The Modifications Committee (MC) consists of a Chairperson and 2-5 members appointed by the Board of Directors that operates under the auspices of the "Declaration," these "standards" and the Board's guidance. The Chairperson reports directly to the Board of Directors.
1.3.1 Requirements for Modification Requests
Plans and specifications showing the nature, kind, shape, color, size, materials, and location of external modifications, additions, or revisions, as applicable, shall be submitted to the MC for approval, via our management company (HRW) on the Request for Architectural Approval found on the TROA website at: click on "TROA Information" and then "Modifications Committee," or call HRW at (919) 787-9000. In addition to the "standards" contained herein, the MC shall also consider the proposal for pending workmanship, design, harmony of the external design with existing structures and its location in relation to surrounding structures, topography and finished grade elevation. See Section 3 for guidance on specific standards, controls and guidelines.
1.3.2 City, County, & Local Government Code
To the extent that city, county or any local government ordinance, building code or regulation requires a separate or more restrictive standard, those requirements shall prevail over these "standards." However, these "standards" apply if more restrictive. Durham City-County zoning laws apply to all Treyburn properties, including residential and common areas. Accordingly, residential homeowners are responsible for acquiring approval of a separate request/permit from the City-County of Durham for specific zoning, building/addition or permits as applies to code, zoning and/or ordinances. Requirements for construction/additions, impervious surface areas, structure set-backs, easements, and buffers are examples that require advanced approval and may be subject to inspections during the modification/addition process. Also, new construction or additions require a permit from the City of Durham. The City zoning laws may be found at: The Durham City-County has a separate enforcement process for violations of its ordinance and zoning laws and all Treyurn residents are subject its jurisdiction. Further, per Article IX (Rights and Obligations of the Association) Section 3, TROA may also enforce these ordinances.
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1.4 Document Distribution and Update
The Board of Directors will make this document available to all owners and residents alike via the TROA web site. Builders conducting business within Treyburn should also receive a copy of this document. The Board will update, amend and redistribute these "standards" as necessary to maintain the decorum, standards and consistency for the Treyburn community. This document will govern until such time as the Board of Directors updates or amends these "standards."
Use Restrictions
2.1 Property Usage
Treyburn residential properties shall be used only for residential, recreational and related purposes as per Article XII (Architectural Standards) of the "Declaration."
2.2 Authority
The Board of Directors has the authority to make and enforce
these "standards" pertaining to the use of residential units, the property and Common Areas, also per Article XII (Architectural Standards) of the "Declaration."
2.3 Applicability
These "standards" are applicable to residential owners and all occupants of residential units alike.
2.4 Specific Residential Usages
Use of residential structures and property listed below are separate and distinct from the Architectural Standards, Controls and Guidelines Summary, found in Section 3.
2.4.1 Animals and Pets: Animals, livestock, or poultry of any kind may not be raised, bred, kept or permitted in any residence or on the premises, with the exception of dogs, cats, or usual household pets. Pets that are allowed to roam free, endanger health, make objectionable noise, eliminate on other's private property without permission, or constitute a nuisance are in violation of the Durham County Animal Control Ordinance. Dogs will be confined on a leash by a responsible person when outside the residential unit property. No pets shall be kept, bred or maintained for commercial purposes. Violations should be reported by calling: (919) 560-0630.
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2.4.2 Commercial Signs: Use of only one professional quality "For Sale" sign per residential unit is hereby allowed as written permission by the BOD. Advertising of specific products, trade names, brands and materials on individual lots is prohibited except as noted here. Small security system designation signs and contractor signs, temporarily placed in a residential yard during construction or modification, are the exception. The contractor signs, however, will be removed within 48 hours after completion of the project. No signs may be affixed to City of Durham road or street signs concerning "lost & found" or any other advertising. The Board of Directors has exclusive jurisdiction on all other signs within the residential properties and the Common Areas of Treyburn.
2.4.3 Firearms: The use of firearms is strictly prohibited. The term "firearms" includes "BB" guns, pellet guns, starter pistols, flare guns and firearms of all other types regardless of size. Use and or discharge of a firearm are illegal within the Durham County and City limits. 2.4.4 Property Maintenance: Residential units and properties will be kept in good repair. No residence will be used for storage of any property or items that will appear untidy, unkempt, or of bad odor. No plants or animals will be maintained that are dangerous, unsightly, or used in such a way to diminish the enjoyment and value of Treyburn properties. Lawns and other ground cover will be kept well trimmed at all times. Grass clippings will be removed from the sidewalk and driveway after each mowing of the grass. Leaves will be cleaned up in the fall and seasonal pruning or trimming will be accomplished, as required, to maintain a well kept appearance of the residential grounds. No residential trees, bushes or shrubs will encroach city street or road signs.
2.4.5 Nuisance: Activity on the property will not cause a nuisance, disrupt or disturb the peace, or infringe on the quiet, tranquil atmosphere of the surrounding neighborhood. No commercial ventures or vehicle repairs will take place outside of residential units.
2.4.6 Playground: The use of this facility on Rhododendron Drive at Vintage Hill Parkway is designed for resident children or guests, ages 2 through 12, and they must be properly supervised at all times. This facility is closed between dusk and dawn. Misused or broken equipment should be reported to our management company (HRW) at (919) 787-9000.
2.4.7 Parking and Garages: Maximum use will be made of existing garage space to accommodate vehicles to preclude overnight parking on the driveway or the street. Off-street parking shall be provided for all motorized vehicles and bicycles. Garage doors will remain closed when not in use.
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All commercial vehicles, tractors, mobile homes, trailers, campers, camper trailers, boats and other watercraft and boat trailers must be parked entirely within a garage unless otherwise permitted by the BOD. Vehicles will be parked only on all weather material (cement, brick pavers or asphalt.) Domestic and recreational vehicles such as boats, camper trailers, RVs, and utility trailers shall be stored off the street and shall not be located in street, driveway or side yard spaces. Further, no inoperable or junk vehicles are permitted on residential property or in the street. Temporary "storage pods" or dumpsters may be placed on the residential property for a maximum of 30 days and require a City of Durham permit. Garages or well screened areas will be used to store maintenance equipment and trash receptacles. This equipment shall not be visible from adjacent property, access roads, Common Areas or open spaces.
2.4.8 Trash Receptacles: All trash carts will be stored in the garage or screened from street view. Green and blue carts will be placed at the curb not earlier than noon the day before pick up and removed from the curb side and returned to storage the evening of pick up. Brown carts and bulky items will be placed by the curb not earlier than two days before scheduled pickup (Tuesday afternoon for Thursday pickup). Trash receptacles placed by the curb must be at least three (3) feet apart with the lid opening facing the street, to accommodate automated trash removal services. Trash may not exceed the capacity of the cart when the lid is closed. The waste pickup schedule, including holidays, may be found at:
Architectural Standards, Controls & Guidelines Summary
3.1 Promulgation
These "standards" are derived from the "Declaration" that is a legal document filed with the Durham County Registrar of Deeds. Compliance with, and enforcement of, these "standards" is essential to preserve Treyburn as a desirable, pleasant, and quality community, having a positive effect on the homeowner experience and requisite property values.
3.2 Applicability
These "standards" apply to all resident owners and occupants of residences in Treyburn. When in doubt about an individual standard, the MC should be contacted for further guidance.
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3.3 General Architectural Standards
The following General Architectural Standards are derived from the "Declaration," Article XI, and apply to all residences within Treyburn. They are designed so as to provide and maintain a pleasant and consistently aesthetic setting to enhance the ownership experience and to maximize property values. The MC will rule on the adequacy of proposed plans to modify residences accordingly. Proposed exceptions to the following standards require MC approval by submitting a Request for Architectural Approval form found on the TROA website at: and click on "TROA Information" and then on "Modification Committee" or call HRW at (919) 787-9000.
3.3.1 Decks: The size, height and styling of decks must complement the dwelling and existing deck, if any, and be in proportion to the residence. Decks must be confined to the rear of the residence and must
not protrude past the sides of the residence. Decks must be stained and the rails, pickets, or lattice must be painted or stained to conform to the color pallet of the residence. Decks greater than 3' above grade must have lattice and/or plant material for screening. The City of Durham also requires a building permit prior to construction.
3.3.2 Driveways, Extensions, Slabs or Pads: Shall be made of concrete, asphalt or brick pavers with controlled edges. 3.3.3 Exterior Materials and Colors: Utility brick, concrete block, metal, (flashings and gutters excluded) and plywood, are not permitted as facing for exterior structures. The use of natural warm earth tone colors is required for the main body of the home. Bright primary colors as well as pinks, purples and blues are not allowed. No reflective finishes will be used on the exterior.
3.3.4 Exterior Free Standing Structures: These must conform to the residence and existing structures for compatibility of design, material, color, and landscaping. Materials used on an approved structure will meet or exceed those of the primary residence. Structures must also provide proper drainage from the site. Approval from the MC is required before construction begins as well as applicable authorizations and permits from the City-County of Durham.
3.3.5 Fencing: Wherever possible, alternatives to hard fencing such as landscaping, plants, bushes or "invisible fences" are recommended. No property line fencing will be placed along golf course frontage. All permanent fencing must be approved by the MC.
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Fencing should be placed in the backyard only, not extending beyond the side of the residence or used to delineate property lines. The Durham City setback is 6" from the property line. Fences may be used to define specific spaces such as private gardens, patios and play areas. No wire or chain link fencing is authorized. Fencing shall not exceed 5' in height without MC approval. Fencing must follow the natural topography of the residential lot and existing trees will not be removed to accommodate fencing without MC approval. Chain link fencing is strongly discouraged and the MC will approve only in very special circumstances.
3.3.6 Hot Tubs or Pools: If installed, hot tubs or in-ground pools should be incorporated into the deck design or landscape and be buffered with screen material. The MC must approve all installations. The Durham City-County zoning laws dictate location, fencing, drainage, and impervious land use for pools and require application. Further information may be found at: 3.3.7 Landscaping and Lighting: Natural areas and landscaping beds shall be constructed and designed in proportion to the residence and the property. Plantings may occur within utility easements with full understanding that utility work may require their removal, without liability on the part of the association, the management company or the utility company. Only grass will be planted and maintained between the curb and sidewalk, except for small plantings at the base of the mailbox. Proper drainage must be provided to ensure that no excessive runoff occurs to a neighboring residence or Common Area. No live trees may be cut down except when the tree(s) present a clear and present danger from potential wind, ice or when disease or decay presents a danger to life, person or structure. Exterior landscape lighting should be the low-voltage type and conform to the existing landscape and no MC approval is required.
3.3.8 Mailboxes: Residential mailboxes will conform to the location, style, size, material, mounting height and standard for the street of residence to preserve the visual character of Treyburn. Areas within Treyburn vary with the use of jumbo mailboxes on 6"x6" posts or regular size mail boxes on 4"x4" posts. Posts are painted a specifically approved crème color (not white) and the trim and mailboxes are an approved Hunter Green. Mailboxes must be professionally spray painted and not "brushed." Mailbox specifications as well as individuals that refurbish Treyburn mailboxes may be found on the TROA website at: and click on "TROA Information." Greenview Place has a variance to these mailbox "standards."
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3.3.9 Roofs: Architectural asphalt/fiberglass or #1 Blue Label cedar shingles (or an approved equivalent, but not shakes) in earth tone colors shall be used on residential roofs. MC approval is required for a change of roof material and/or color change, such as from cedar to asphalt/fiberglass shingles or for other types of roofing material. Metal roofs are prohibited except as approved by the MC for unique design or where used as accent material.
3.3.10 Street Addresses and Names: Individual street numbers and street names will be affixed to both sides of mailboxes with 1 ½" letters. Lettering is of a specific font, color, size and material and is available through an individual who also provides new mailboxes. Street names must be fully spelled out except for the abbreviations of "Ct," "Cir," "Dr" and "Ln." The Villas mailbox lettering varies as street numbers only are placed on the lid to the mailbox. Further information is found on the TROA web site at: click on "TROA Information" and then on "Mailbox Repair." Adding a resident's last name on the mailbox is optional. Painting of street numbers or names on curbs or streets is prohibited.