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Unit #20 and HOA#1 Documents
SADDLeBROOKE VILLAS ASSOCIATION
NO. 20, INC.
AMENDED AND RESTATED
ARCHITECTURAL & LANDSCAPING
SPECIAL GUIDELINES - December, 2005 EDITION
INCORPORATING PRIOR AMENDMENTS
INTRODUCTION
These Guidelines amend and restate the “SaddleBrooke Architectural and Landscaping Special Guidelines Unit 20” adopted in February 1999. Nothing contained herein shall be construed as altering, amending, or changing the Amended and Restated Declaration of Covenants, Conditions and Restrictions for SaddleBrooke Unit 20, the Amended and Restated Articles of Incorporation of SaddleBrooke Villas Association No. 20, Inc., the Amended and Restated Bylaws of SaddleBrooke Villas Association No. 20, Inc., or the Rules and Regulations of SaddleBrooke Villas Association No. 20, as they now exist, or are later amended or restated.
HOA #1 Architectural and Landscaping Requirements and Guidelines (“HOA #1 ALC Guidelines”) apply to and control SaddleBrooke Unit 20 (the “Villas”). What they prohibit is prohibited in the Villas; however, what they permit may be prohibited in the Villas. These Guidelines (“Villas ALC Guidelines”) provide guidelines for the Villas in addition to those contained in the HOA # 1 ALC Guidelines.
GENERAL GUIDELINES
Any change to the exterior of a Villas building, or Any change to, in, on, or above any area outside of the footprint (see footnote) of any Villas building is prohibited, including but not limited to the specific “Prohibited Changes” listed hereafter, except changes listed under “Permitted Changes” hereafter set forth but if so permitted are permitted only upon the terms shown on each such permitted change. A permit may be required from the HOA#1 Architectural and Landscape Committee (HOA#1 ALC), or from the Villas Architectural and Landscape Committee (Villas ALC).
PERMITTED CHANGES:
Rear Patio and Front Entrance Area:
An owner may attach wall hangings, other decorative materials, or Hummingbird feeders within their rear patio area or within the front porch area under roof without a permit if it does not involve structural changes, and so long as all decorative materials are permitted by HOA #1 ALC Guidelines.
Although structural in nature, patios, and front porch floors under roof, may be tiled or coated provided that Villas ALC permission is granted, and, if required, HOA #1 ALC permission is granted.
Although structural in nature, the rear patio may be enclosed and tinted or non-tinted glass or plastic windows installed if they blend with the existing structure; and the front porch under roof and/or the front door may be enclosed with security door(s) or security type screening provided that the type blends with the existing building and colors are either the same as either the exterior door, or the house, or the trim, further provided that Villas ALC permission is granted, and, if required, HOA #1 ALC permission is granted.
Sun Screens:
When mounted on frames attached to window framing and match the color of the window frames.
Gutters and Downspouts:
A Villas ALC Permit is required for the installation of gutters and downspouts on a Villa building. Colors must be coordinated with the trim colors or stucco of the building. The Owner must provide a splash block for the downspout outlet(s) and may not use underground or surface ducting for the drain water.
Satellite Dishes and Antennas:
Satellite dishes, antennas, and other over-the-air reception devices may be installed on a Villas lot in a location that has reception in accord with Federal Communication Commission Rules and is unobtrusive as possible, as determined by the Villas ALC, without a permit from the Villas ALC. If a Villa Owner(s) plans the installation of one of these devices the Owner is requested to deliver to the Villas ALC a “Notification of Intended Satellite Dish Installation” form at least two weeks PRIOR to installation. (Forms are available from any Villas ALC member). Villas ALC representatives will visit the property promptly and identify locations that comply with this Rule. As specified in the HOA#1 ALC Guidelines, roof-mounted antennas will be allowed ONLY if an acceptable quality signal is not found in the landscaped area within the Villas Owner’s Lot.
If such antenna is installed without the Notice of Intention mentioned above being given as above noted the installation is subject to Villas ALC post-installation inspection and if found to be in a location not in accord with this Rule, the Owner(s) can be required by the Villas ALC to move the antenna to a location that is in accord with this Rule AT THE OWNERS EXPENSE. If the Owner determines that he or she wishes to contest an order from the Villas ALC for the placement of or to move the antenna the appeal shall be presented to the Board of Directors of the Villas Association in accord with paragraph 3.6 of the Villas Association Rules and Regulations, whose decision shall be final, subject to F.C.C. rules concerning appeal to the F. C. C.
Pertinent F. C. C. information is available from any Villas ALC member, or on the internet at: http://www.fcc.gov/mb/facts/otard.html.
IMPORTANT NOTE:
The original location of the antenna on the Villa Lot is the sole and only responsibility of the Villas ALC and once the antenna is placed as directed by the Villas ALC, and in compliance with F. C. C. Rules, the SaddleBrooke Villas Association No. 20, Inc. and it’s officers and agents have no further responsibility or liability arising directly or indirectly from the existence, use, placement, or maintenance of such antenna, including but not limited to damage caused by any source to such antenna or the system and components which it serves, or for any increased cost or expense, arising directly or indirectly from the location of the antenna as directed by the Villas ALC, nor for any antenna adjustment after the original placement in the event the antenna is moved, damaged, or otherwise all or partially relocated by any cause.
Exterior Lighting:
Owners may install, at their own expense, up to three wall-mounted light fixtures described below, provided: (1) prior to applying for a Villas ALC Permit, Owner must obtain a Permit from the Pinal County Building and Safety Department, (2) a Villas Permit/Waiver Form is signed to release the Villas Association from responsibility of maintenance and liability, and, (3) all work must conform to applicable electrical codes. Permitted wall-mounted lights are the following:
· Fixtures must be the same as, or similar to, a Heath/Zenith #SL-5511-BZ (single unit fixture) Motion Sensor Quartz Security Light, mounted at a lens height not to exceed 32 inches, and designed so that light is focused and maintained downward on the walk.
· Wattage must not exceed 100 watts.
· Fixtures must be controlled by a motion sensor that turns the light on when motion is detected, and turns off when motion is no longer detected.
Storage:
Lawn furniture, barbeques, telescopes, and similar items may be placed on the side or rear of the Villas building for a period not exceeding 24 consecutive hours except on Wednesdays or such other days and times as the Board of Directors may designate.
Garden hoses may be stored on the side or rear of the Villas building if neatly coiled and out of sight from the street.
PROHIBITED CHANGES:
The following listed changes or items are prohibited in the Villas and Villas area:
1. Clothes lines and clothes line poles
2. Tents
3. Trellis, gates, privacy structures, arches
4. Flower pots outside of the patio or front porch under roof
5. Basketball backboards, and other types of outdoor recreation equipment
6. Wind Turbines
7. Non-portable barbeques
8. Sola-tube and other skylights not installed by the developer
9. Exterior fireplaces
10. Fountains and birdbaths, except on patio
11. Weather stations
12. Bird feeders, except Hummingbird feeders on patios
13. Ramadas
14. Spas
15. Flagpoles, except for removable poles installed on the Villas building
16. Gazebo’s
17. Exterior water softeners
18. Modification of developer built walls
19. Ornamentation on building walls, except on patio or front porch under roof
20. Evaporative coolers
21. Bug lights
22. Exterior painting other than by the Villas Homeowners Association
23. Solar equipment
24. Wind chimes, bells, or any noise making apparatus
25. Awnings
26. Artifacts in lots and common areas
27. Driveway and walk coatings
28. Additional landscaping in lots and common areas
29. Exterior lighting, except as installed by the developer or, pursuant to permitted change as set out in “Permitted Changes” above.
PERMIT APPLICATIONS
Application for a change permit requires either the completion of a SaddleBrooke HOA #1 ALC Permit Application (“Permit”) form (attached, and also available at the Clubhouse), or a written request specifying the date, applicants name, address, phone number, lot number, nature of the request and signature of the applicant. The application should include pertinent information (e.g. a set of plans, a sketch of the project noting dimensions, color, location, etc.) which will allow reasonable consideration of the project. In addition, a Waiver and Consent Agreement – Unit 20 (“Waiver”) form (attached) must be included. The completed Permit and Waiver forms are then submitted to the Villas ALC for approval. The Villas ALC will forward approved Permit Applications to the HOA #1 ALC, if required.
The Villas ALC shall either “Approve”, “Approved as Noted”, or “Disapprove” submitted applications within a reasonable length of time, but no longer than 10 days after submission. “Approved as Noted” means that the Permit is approved as submitted so long as the change(s) noted by the Villas ALC are made. Once approved, the Permit may not be amended or changed without re-application to the Villas ALC. Any change made without Villas ALC approval is a violation of these Guidelines and may be enforced in accordance with the Rules and Regulations – SaddleBrooke Villas Association No. 20, Inc.
APPEAL
An applicant whose Permit is either “Disapproved” or “Approved As Noted” may appeal the decision of the Villas ALC to the Board of Directors -
SaddleBrooke Villas Unit No. 20, Inc. (“Villas Board”) by filing a written notice of appeal with the Secretary of the Villas Board within 10 days of receiving the “Disapproved” or “Approved as Noted” notice. The Villas Board shall hear the appeal at their next regular meeting, provided that the meeting is within 30 days from the filing date of the notice of appeal. If the next regular meeting is more than 30 days from the filing date, a special meeting shall be held and the applicant shall receive written notice of the date, time, and place of the meeting. At the hearing the applicant may present witnesses, documents or other relevant material which specifically addresses the subject. The Villas Board shall render its decision no later than 10 days after the hearing by written notice to the applicant via Post-Paid United States mail. The decision of the Villas Board shall be final.
LIMIT OF LIABILITY
Approval of a Permit, including any plans, specifications and information submitted (“Plans”), shall not constitute a representation, warranty or guarantee that such Plans comply with engineering design practices or with zoning or building ordinances, or other governmental regulations and restrictions. By approving a Permit, neither the Villas ALC, nor any members thereof, the Villas Board, nor any members thereof, assumes any liability or responsibility for any defect in the structure constructed from such Plans. Neither shall any of the aforementioned be liable to any SaddleBrooke Villas Association No. 20, Inc. homeowner, occupant or any other person or entity for any damage, loss or prejudice suffered or claimed due to: (a) approval, approval as noted, or disapproval of any Plans, whether or not defective, or (b) the construction or performance of any work, whether or not pursuant to such Permit or Plans.
Footnote: The “footprint” of a Villas shall mean the area inside of the exterior perimeter of the foundation stem wall of the building and shall include the rear patio and that portion of the front entrance area under roof as constructed by the developer of the Villas area. (Rules and Regulations – SaddleBrooke Villas Association No. 20, Inc. - Section 5.1)