ARCHITECTURAL GUIDELINES FOR APPALOSSA CANYON & QUARTERHORSE FALLS HOMEOWNERS ASSOCIATION INTRODUCTION
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1 ARCHITECTURAL GUIDELINES FOR APPALOSSA CANYON & QUARTERHORSE FALLS HOMEOWNERS ASSOCIATION INTRODUCTION The Appaloosa Canyon/Quarterhorse Falls Homeowners Association Board of Directors and the Appaloosa Canyon/Quarterhorse Association ARCHITECTURAL REVIEW COMMITTEE (ARC) have developed and adopted Architectural Guidelines which are enclosed along with an Architectural Application (ARC AP). Please make additional copies of the enclosed ARC AP for your use, or you may obtain additional ARC APS from the Association s Management Company: Ideal Community Management 6767 W. Tropicana Ave. Ste. 200 Las Vegas, Nevada P: F: Though few of us initially like the fact that we must submit our plans to an ARC for review and approval, many homeowners discover that the ARC review process is very helpful. Through the review process homeowners may discover that the particular improvement they are proposing will interfere with or alter drainage and cause flooding or water damage to the foundation, stucco, block walls, or other property belonging to the homeowner or his neighbors. At other times homeowners are grateful that an improvement that was not properly permitted and constructed next door to them will have to be removed and redone in accordance with building codes and duly inspected by the building department, because the CC&R s do require compliance with all governing Agencies regulations and codes. The ARC s purpose is NOT to impose the personal likes and dislikes of the members of the ARC Committee or their neighbors. The CC&R s describe what the ARC does and information the ARC may require from you in order to review your request in a timely manner and be able to make an informed decision about your proposed project. Beginning construction prior to receiving written or approval from the ARC/Management Company or failure to complete improvements in accordance with the approved plans and in compliance with all applicable governing agencies and building department codes, ordinances and requirements are violations of the CC&R s. Always keep in mind that violations of the CC&R s and these Architectural Guidelines are subject to action by the Board of Directors, which may include fines, penalties, or immediate restoration of the property to its condition prior to the unapproved work being done. Please be reminded that WORK MUST NOT BEGIN on any construction, alterations, additions, grading, excavation, removal, relocation, exterior repainting, demolition, installation, modification, exterior decoration, exterior redecoration, reconstruction of an improvement, improvement, or structure (be it permanent or temporary) UNTIL the homeowner submits a completed ARC Application to the ARC, in care of the Management Company, along with all the required information about the proposed plan(s), drawings and specifications that describe in sufficient detail what it is that you propose to do. Any work completed prior to written approval from the ARC and Management Company is subject to a $ fine.
2 Table of Contents General Comments Page 1-2 ARC-AP Request Form Terms Defined Page 2 Installation Guidelines and Requirements Page 2-5 AR Committee Checklist Page 6
3 GENERAL COMMENTS 1. The function of the ARC is to review each submittal for conformity to the intent and provisions of the CC&R s The ARC has 30 days from the date of receipt of the completed ARC Application to approve or disapprove the application. If the ARC fails to respond in writing within the 30 days then the item is deemed approved. 1. All work must be in a manner consistent with the architectural standards and color palette established by the original construction company. Any work that does not comply with the architectural standards and color palette established by the original construction company must be reworked to comply and all work will be done at the owner s expense. During the period of Declaration s control, the Declarant and the ARC shall determine if the work is consistent with the architectural standards and color palette, the Board shall make such determinations thereafter. HOME PAINT COLORS FOR COMMUNITY a. APPALOOSA CANYON New approved color schemes can be obtained from management company In 2012 the ARC worked with outside vendor to develop new color scheme for painting of homes in Appaloosa Canyon and was approved by the BOD in b. QUARTERHORSE FALLS New approved color schemes can be obtained from management company Quarterhourse Falls Original color scheme had white garage doors and front doors which can now be updated to new color scheme with approval of ARC. In 2012 the ARC worked with outside vendor to develop new color scheme for painting of homes in Quarterhourse Falls and was approved by BOD in The ARC s approval of proposals or plans and specifications shall not constitute a representation, warranty or guarantee, whether expressed or implied that such proposals or plans and specifications comply with good engineering design or with zoning or building ordinances, or other governmental regulations or restrictions. By approving such proposals or plans and specifications, neither the ARC, the members thereof, the Association, the Board, nor Declarant, assumes any liability or responsibility therefore, or for any defect in the structure constructed from such proposals or plans or specifications. Neither the ARC, any member thereof, the Association, the Board, nor Declarant, shall be liable to any Member, Owner, occupant, or other Person or entity for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any proposals, plans and specifications and drawings, whether or not defective, or (b) the construction or performance of any work, whether or not pursuant to the approved proposals, plans and specifications and drawings. 3. Approval of plans is not authorization to proceed with improvements on any property other that the applicant s. ACCESS THROUGH PRIVATE STREET, ANY BREECH OF BLOCK WALLS, AND ACCESS OVER ANY COMMON PROPERTY REQUIRES PRIOR APPROVAL OF THE ARC BUT ALSO A CASH DEPOSIT. Access for equipment used in construction must be over or through the applicants own private property. Building equipment and materials must be contained on the applicant s own private property. Streets may not be blocked with equipment or building material. The amount of deposit will be set by the ARC Committee and must be paid prior to approval being granted and work beginning. The Deposit will be determined by the type of construction that is submitted. The minimum deposit for the temporary removal and/or installation of a return block wall is a minimum of $500, and a $200 minimum deposit for possible items stored on the street (a) below. The deposit is to ensure that any damage done to the common area and block walls is repaired in a timely, workmanship manner acceptable to both the Declarant and Association during Declarant s control, and to the Association
4 thereafter, to assure that any damage done to streets, block walls or Association Common Areas and amenities is properly repaired in a timely manner. (a) Stored Rocks, building material, waste dumpster etc. In the event construction requires use of adjoining property, the applicant must first obtain written permission from the adjoining property owners and submit that written permission with the ARC. After the ARC AP is reviewed by the ARC, then the Management Company will send you written/ notification of the ARC Committee s decision. Inspections: As deemed necessary by ARC Committee, periodic inspections of work in progress may be conducted to ensure adherence to the approved plan. Upon completion of the project the ARC or its appointed representative may conduct an inspection of the improvement to verify compliance with the approved plan and these Architectural Review Guidelines. Contractor Related Matters: Construction Regulations are hereby established to preserve and maintain the quite enjoyment of the community, to maintain aesthetics and ensure safety for the Community and to provide reasonable access and controls for construction activity in order to reasonably minimize inconveniences associated with construction for all Owners and their guests. Work Hours/Days- All work is limited to the following hours: Monday-Friday 7:00 am to 6:00 PM Saturday 8:00 am to 6:00 PM THE FOLLOWING INFORMATION IS INTENDED AS A HELPFUL GUIDE TO THE MOST COMMONLY ASKED QUESTIONS REGARDING INSTALLING SOME TYPES OF IMPROVEMENTS TO A HOME. THIS LIST IS NOT MEANT TO BE ALL INCLUSIVE. PLEASE REFER TO ARTICLES OF THE CC&R S FOR MORE DETAILED INFORMATION PURSUANT TO ARTICLE VI OF THE CC&Rs TERMS USED IN THE ARC- AP REQUEST FORM STATEMENT ARE DEFINED AS FOLLOWS: Facing neighbor refers to the neighbor(s) most directly across the street. In the case of a corner lot, Facing could defer to two or three neighbors across the street facing the side of the residence, as well as neighbor directly across the street facing the residence. Right side neighbor refers to house on the right side of your house Left side neighbor refers to the house n the left side of your house Rear Side neighbor refers to the house most directly behind your house ONLY LEGAL REGISTERED HOMEOWNERS CAN SIGN ARC FORM If ARC information is not filled out correctly it will be rejected by the Management Company/ARC Committee. AIR CONDITIONING UNITS OR EQUIPMENT: The ARC must approve exterior air conditioning equipment other than the equipment installed as a part of the original construction. AWNINGS: Will not be approved,an awning is a roof like structure, often made of canvas or plastic, that serves as a shelter, as over a storefront, window or door.) BASKETBALL POLES AND BACKBOARDS, SKATEBOARD RAMPS o Must be installed in the rear yard o Portable units must be removed from front of house each night. Landscaping barrier is required to help prevent the ball from encroaching on neighbor s property o Landscaping must provide screening of equipment from the view of the street or neighbors lots when viewed from ground level.
5 DECKS, ROOM ADDITIONS AND BALCONIES: Must receive prior written approval from the ARC. DRAINAGE: o Each owner must not interfere with, alter or impede the natural or established drainage of the property. Approval plans granted by the ARC will be based upon the owner s assurance that he/she has not changed the drainage or has consulted with professionals to insure the positive drainage in maintained and that no alteration is being made that could potentially result in flooding or water damage. THE HOMEOWNER IS SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO: THEIR OWN PROPERTY (INCLUDING, BUT NOT LIMITED TO DWELLING, FOUNDATION, BLOCK WALLS, LANDSCAPING, AND PERSONAL BELONGINGS, AND THE COMMON AREAS. To help prevent and/or control water damage to foundations and/or walls, each Owner covenants, by acceptance of a deed to his or her lot, whether or not so stated in the deed, to not cause or permit spray irrigation water or sprinkler water on portions of Dwelling, wall (including, but not necessarily limited to, Common Wall and/or Perimeter Wall), and /or any other improvement. or drainage on his or her Lot to seep or flow onto, or to strike upon, any foundation, slab, side or other Portion of Dwelling, wall (including, but not necessarily limited to, Party Wall and/or Perimeter Wall), and/or any other Improvement. EXTERIOR LIGHTING (Additional): Must obtain prior written approval from the ARC. Also the post light and two garage coach lights are to be on photocell or timer switches/manual and must be in good working order from dusk until dawn. All lights visible from the street must match and must comply with the aesthetic standards of the community. The low voltage post lamp approved color is black only. o The Low voltage post lamp is the responsible of the HOA, if you have problems, contact the Management Company. EXTERIOR PAINT: Prior written ARC approval is required for any proposed CHANGE to the original exterior paint colors original established by builders. NO ARC APPROVAL is required for repainting the exterior of your home with the same colors established by builder within the community. o Quarterhorse Falls original exterior color (including garage and front doors) can be upgraded to color palette approved in 2012 HOA/BOD meeting. o Quarterhorse Falls homeowners can keep original color palette if they want to. (White garage and front doors) FENCING, GATES AND WALLS: All gates, fences, block walls, or extensions of same that were not part of the original construction require prior written ARC approval. o Unacceptable fence, wall and gate materials include, but are not limited to: aluminum, sheet metal, wire, plastic webbing, reeds, and bamboo, glass block, wood, panels or woven board. LANDSCAPING: Reference Changes to the landscaping must be submitted and approved by the ARC EXCEPT that: Normal maintenance of landscaping or replacement of dead or dying plants, shrubs or trees, does not require approval of the ARC unless you are altering the previously approved landscape plan in any way that might affect drainage, reduce the number of trees and shrubs, or change the dominant elements of the plan. o For example: If you are adding a raised planter, concrete paths or pads, mounds, or replacing grass with desert landscaping or artificial turf (or vice versa) any reduction in the amount of plant material, you must receive written approval from the ARC prior to work beginning. LANDSCAPE STANDARDS THAT MUST BE MET: o Automatic irrigation system must be used to water plant material and said system must be maintained in good working order. Irrigation system must also remain aesthetically consistent with the design and plan of the community. o Canopies (overhanging trees/bushes) abutting or overhanging the community walkways, common areas and private streets shall be kept trimmed to insure that seven (7) feet above said walkways, common areas and private streets are kept clear of foliage and limbs. o All shrubs and plant material shall be trimmed to insure they do not encroach upon community walkways and private streets.
6 o Plant material shall not exceed twenty-four (24) inches in sight visibility zones, which are typically located on corner lots. FRONT YARD LANDSCAPING MINIMUM STANDARDS: If a homeowner wishes to add additional front yard landscaping then an ARC AP must be submitted to the ARC Committee for review. o Front yard landscaping shall consist of at least the following: 1-24 box tree 3-5 gallon plants or shrubs ¾ decomposed granite rock (not exceed 1% sulfate content) two inches thick (same color installed by Builder or other color in harmony with the home) over all dirt areas. If adding additional rock, the rock must match around the entire property. No solid white or solid red rock is allowed at any time. Installation of artificial turf (grass) must have ARC approval. BACKYARD LANDSCAPING MINIMUM STANDARDS: Homeowners must submit an ARC application for and obtain approval of plans for rear yard landscaping and complete installation of such landscaping. LANDSCAPE MATERIALS NOT PERMITTED: White or artificially colored rocks, sandstone rocks (Decorative stone must be decomposed granite in earth tone harmonious with decorative stones installed by Declarant). Cactus or plant material with thorns located with eighteen (18) inches of public walk walkways, privet streets or common areas. Common Mulberry, Common Olive, Cottonwood, Weeping Willow, Poplar. The use of decorative granite landscaping rock and gravel is permitted and encouraged. The complete landscaping plan, including type and color of decorative landscaping rock and color of other materials, must be submitted for approval prior to installation. PATIO SLABS, PATIO COVERS AND GAZEBOS: Must receive prior written approval from the ARC/Management Company. No portion of a Gazebo shall exceed the height of twelve (12 ) feet at its highest point. The homeowner must submit copy of building permit, where required, color must match color requirements for builder. ARC approval must be received before project is started. SECURITY CAMERA'S FOR DWELLINGS ARC is required to install cameras due to privacy implications to neighbors. Camera must be used for surveillance of homeowner s property only. POOLS, SPAS AND HOT TUBS: Must receive prior written approvals from the ARC. o Rear and side yard setbacks must meet requirements of the governing agency. Positive drainage, as established per code must be provided to assure that neither water damage, nor flooding will occur. o Setbacks in yard of pool equipment to furthest point to reduce equipment (noise) disturbance to neighbors. o Waterfalls and other features must be built or place no less than five (5) feet away from all property line walls, fences and gates, and must comply with requirements of governing agency. o Water slides and/or other related pool accessories must have ARC approval, and must comply with requirements of governing agency. o A minimum cash deposit of $700 or bond must be submitted with ARC Application and pool. Spa contractor plans. It is recommended that the contractor pay the deposit, as these monies will be used to repair any damage the contractor, or his subcontractors, agents or assigns does to street, curbs, block walls or sidewalks. Additional cash deposit may be required to ARC approval being granted. Solar Panels for generating electricity Solar heating tubing for heating pools o No work should be started before receiving approval from ARC committee. o The design of equipment should be integrated into existing roof colors. The impact on view from neighboring lots and Common Elements will be considered. Installation on the front plane of any Dwelling will not be permitted. All connections and plumbing/electrical attached to the Dwelling shall be painted to match color scheme of resident o Neighbor impact approval is mandatory before any work is started
7 SIGNS: o Provide that no sign of any kind other than one (1) For Sale sign of dimensions no larger than 18 x 24 may be displayed without the prior consent of the Board of Directors. The Declarant is authorized to display acceptable signs for the sale and/or leasing of the property. o Two political sign may be displayed during election. o NO contractor signage during home improvements installations will be allowed SATELLITE DISHES/RECEIVERS/ANTENNAS/HAM RADIO ANTENNA o Satellite Dishes no larger than 39 in diameter may be installed without prior written ARC approval provided: The dish is installed in a professional manner and cord, cables, wires and dish are properly mounted and secured. Cable, cord or wiring is not draped, strung or hanging in a manner that is visible from the street fronting home. The cable, cord or wiring must match the color of the house or be painted to match the color of the house. The dish is located in the most discrete location possible in order to receive adequate signal. All other satellite dishes which exceed 39 in diameter, as well as antennas, cables, towers, to other poles must be submitted to the ARC for prior written approval before work or installation may begin. SECURITY BARS/DOORS & STORM DOORS: Must have ARC written approval before installation. o Do not require prior written approval from the ARC, provided the screen and screen door are per-approved color AND is harmony with color scheme of the home. SOLAR SCREENS: No written approval is required if color matches original established by builder for the home. WINDOW SECURITY COVERS: ARC form should be submitted for neighbor approval and color matches. COMMERCIAL, RECREATIONALAND INOPERABLE VECHICLES AND PARKING o Commercial vehicle or inoperable vehicles may not be parked, stored or kept within the community unless such vehicle is stored in a fully enclosed garage or behind the forward most portion of the residence and behind screened gates. All recreational vehicles parked on any lot must comply with the CC&Rs. Said vehicles may not be parked between the front property line and the forward most structural wall of the residence. In addition, the vehicle must be screened from street view by screened gates. Further restrictions on the size and height of the vehicle which exceeds the height of the adjacent property line wall and/or gate by more than two feet must be approved by the ARC and the Board of Directors. STORAGE SHEDS AND TEMPORARY BUILDINGS:, Storage Sheds and Temporary Buildings states that no outbuilding, tent, shack, shed, or other temporary building or improvement of any kind shall be placed upon any portion of a lot. Plans for permanent accessory structures must be designed to match the residence in materials and architectural style. Such a structure may be visible from a street or common area, provided reasonable landscape materials are provided to mitigate the visual impact. Impact Neighbor Statements must be submitted, minimum set back requirements must be met. Color must be in harmony with color palette of the home and architectural style of the community. Minimum setbacks requirements must be met. WINDOWS: Mirror or reflective finishes are prohibited. Any alteration, modification, relocation and/or removal of a window(s) that may be visible from the street, must first be approved in writing by the ARC before said work is done. FINES: THE BOARD MAY IMPOSE FINES AND PENALTIES FOR VIOLATIONS OF THE GOVERNING DOCUMENTS, INCLUDING THESE ARC GUIDELINES. THE ARC GUDELINES ARE SUBJECT TO CHANGES, ADDITIONS AND/OR AMENDMENTS UPON APPROVAL OF A MAJORITY OF THE BOARD OF DIRECTORS.
8 ARCHITECTURAL REVIEW COMMITTEE SUBMITTAL CHECKLIST Pursuant to the provisions of Article 6 of the CC&Rs, detailed drawings, site plans, specifications, topographic elevations, drainage plans and requests for approval must be submitted to the ARC approval. AN INCOMPLETE SUBMITTAL PACKAGE WILL DELAY/CAUSE REJECTION THE REVIEW PROCESS The following list is provided to assist a property owner in preparing the submittal package. ORIGINALS PLUS ONE COPY OF ITEMS 1-5 ARE REQUIRED 1. ARCHITECTURAL REVIEW REQUEST FORM (The form must be completed in its entirety). IMPACTED NEIGHBOR STATEMENT This form must be signed by the affected neighbors. (Facing, Left, Right and Rear) PLANS Plans include elevation drawings of the improvement, size and types of materials to be used, a site plan depicting the improvements on the lot and in conjunction with property lines, the residence, and any other existing pertinent improvements. Accurate dimensions (height, length, width) must be shown Original builder exterior colors and finishes must be filled out, or current approved color chart for Appaloosa Canyon or Quarterhorse Falls LANDSCAPE PLANS Landscape plans must be drawn to depict the lot, residence, property lines, existing walls and fences. Landscape materials, such as sod, tree and shrub type and sizes must be filled out, as well as their locations. Irrigation and lighting must be shown Samples of decorative rock or the size and color of the rock must be included. Proposed hard scape areas (driveways, parking areas, and sidewalks) must be shown. MATERIAL SAMPLES Color paint chips, type of rock to be used, pictures of gazebos, pools, patio covers and spas should accompany the detailed drawings when available. AMENDMENTS TO THE ARCHITECTURAL GUIDELINES The Architectural Guidelines may be modified from time to time pursuant to the following criteria: Amendment must be approved by a majority of the Board of Directors Owners are welcome to submit their written recommendations for changes to the ARC Guidelines to the Board of Directors Upon adoption by the Board, the Board shall cause the revised ARC Guidelines to be mailed to all homeowners and the revised ARC Guidelines shall become effective thirty (30) days after the date they were mailed. IN THE EVENT THAT THERE IS A CONFLICT BETWEEN THE ARCHITECTURAL GUIDELINES AND THE CC&Rs, THE CC&Rs SHALL PREVAIL
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