design guidelines of brambleridge village patio homes
Transcription
design guidelines of brambleridge village patio homes
DESIGN GUIDELINES OF BRAMBLERIDGE VILLAGE PATIO HOMES ASSOCIATION, INC. 1.0 OVERVIEW All homeowners should have a copy of the BrambleRidge Village Patio Homes Association Declaration of Covenants, Conditions and Restrictions ("BRV-CCR's") which contains broad, general objectives regarding the architectural control in the BrambleRidge Village community. These objectives, simply stated, are to keep the community attractive for the enjoyment of homeowners and the protection of property values. The covenants provide for the formation of an Architectural Review Committee (ARC'). A minimum of three (3) representatives must be appointed by the Board of Directors of the BrambleRidge Village Patio Homes Association. Of course, there may be additional members appointed to the ARC Committee with a limit of five (5) members total. Any changes to the ARC membership must be approved by the Board of Directors ("Board"). Members of the Architectural Review Committee appointed by the Board may be removed at any time by the Board. Terms, to begin January 1st through December 31st of each year; if three (3) members, two (2) members will serve for a two year term and one (1) member will serve a 1 year term; if five (5) members, three (3) members will serve for a two year term and two (2) members will serve a one (1) year term, or until resignation or removal by the Board. For purposes of this document, the ARC referred to herein consists of the ARC Committee members appointed by the Board. The ARC is not liable in damage to any person submitting requests for approvals or to any homeowner within the Common Interest Community by reason of any loss, damage, or injury arising out of or in any way connected with the performance of the duties of the ARC, unless due to the willful misconduct of the party to beheld liable. In reviewing any matter, the ARC shall not be responsible for reviewing, nor shall its approval of an Improvement be deemed approval of the Improvement from the standpoint of health, welfare, or safety, whether structural or otherwise, or conformance with building codes or other governmental laws or regulations. Guidelines for Improvements that Require Architectural Review Committee Approval An Improvement is defined in the BRV-CCR's Definitions (page 4, Item 15) as: "Improvements" means all exterior improvements, structures, and any appurtenances thereto or components thereof of every type or kind, and all landscaping features, including but not limited to buildings, outbuildings, swimming pools, tennis courts, patios, patio covers, awnings, solar collectors, painting or other finish materials on any visible structure or surface, additions, walkways, sprinkler systems, garages, carports, driveways, fences, screening walls, retaining walls, stairs, decks, landscaping, hedges, windbreaks, plantings, trees, shrubs, flowers, vegetables, sod, gravel, bark, exterior light fixtures, poles, signs, exterior tanks, and exterior air conditioning, cooling, heating and water softening equipment". Other examples include, but are not limited to, antenna and satellite receivers, outdoor sculptures or artwork, storm doors, security doors, windows, storm windows and siding. Design Review Expenses The ARC may require the reimbursement of actual expenses incurred by the Committee in the review and approval process (BRV-CCR's. Article V, Item 2). Such amounts, if any, shall be assessed to the homeowner requesting the Improvement. Design Guidelines and Rules/Regulations Manual The BrambleRidge Village Patio Homes Management Company will send out a copy of this Design Guidelines Rules/Regulations Manual with the Welcome Packet within approximately thirty (30) days after they are notified of a closing and/or property transfer. 2.0 ARC REVIEW PROCEDURE Any decision of the Architectural Review Committee will be made within thirty (30) days after receipt of all materials required by the ARC, unless such time period is extended by mutual agreement. In the event the ARC Committee fails to take action within thirty (30) days after a request has been submitted and all information has been received by the committee, approval will be deemed denied per BRV-CCR's, Article V, Item 3. The homeowner will have the right to appeal any decision by the ARC, pursuant to Section 4.0 below of these Guidelines. A simple majority vote of the ARC will be required for approval or disapproval of proposed improvements delegated to the ARC Committee's authority. Written records will be maintained of all applications submitted to it and of all actions taken. 1 3.0 HOMEOWNER SUBMISSION PROCEDURE The ARC has adopted the following procedure to comply with the responsibility to review applications for approval: 1) Submit ONE (1) complete copy of the BrambleRidge Village Patio Homes Architectural Review Application with the appropriate forms, including copies of relevant drawings and descriptions explaining your proposal. A planned completion date must be specified. Send the submittal to: Signature Management Services Attention; Rebecca -- BrambleRidge Village ARC 4 West Dry Creek Circle - Suite 215 Littleton, CO 80120 For painting or building modifications (such as, deck expansions, patio covers, etc.) see Paint Specifications in Appendix A and the applicable submission forms in the Exhibits. These forms MUST BE COMPLETED and submitted with the Architectural Review Application package. 2) The documentation will be accepted as complete, or it will be returned with a description of missing information. Incomplete submittals do not qualify for the 30-day review period. A revised submittal will initiate a new 30 day review period. All requests must be submitted with a plot plan and should be drawn to scale, as close as possible. Plot plans should depict the property lines of the lot and the outside boundary lines of the home as located on the lot. Drainage patterns should also be indicated with directional arrows. A plan, as well as a profile view, if appropriate, is helpful. Use a copy of the improvement survey or plot plan of your lot, obtained when you purchased your home, as the basis for such plan drawings. Please include dimensions, colors, samples and/or descriptions of materials to be used in detail to aid the ARC in reviewing your request. 3) The ARC will evaluate your proposals compliance with these Design Guidelines and Rules/Regulations (see the Specific Project Guidelines section in this manual), as well as its overall conformance with our community schemes. 4) You will be notified of the ARC’s decision (approval, approval with conditions, referral to the Board, or disapproval) on or before the expiration of the thirty (30) day review period. The ARC may reasonably extend this deadline if the proposal from the Owner is complex or requires input from experts. Should this occur, the request will be denied pending further review and/or receipt of materials requested. 5) Upon completion of your Improvement notify BRV’s Management Company in writing, so that the Improvement may be inspected in order to determine whether or not it is, in substantial compliance with the approval granted. A representative of the ARC shall have the right to inspect the Improvement within thirty (30) days after written notification from the homeowner is received to verify compliance with the approved plan. 4.0 APPEAL PROCESS IF PROPOSAL IS DENIED A homeowner may exercise his/her right to appeal in the event of an adverse decision by the ARC. ARC DENIALS 1) The first step of the appeal process (within thirty (30) days after receipt of the declination) is to make a written request to BrambleRidge’s Management Company to set up an Appeal Meeting, to appear before the ARC Committee. At the appeal meeting, the applicant may then discuss with ARC reasons why their application request should be reconsidered. 2) If the ARC declines such submission request again at the appeal meeting, then the applicant shall have the right to an appeal of such decision to the Board. The applicant shall then submit a written request for a Board Appeal Meeting to BrambleRidge’s Management Company within (30) days after such decision by the ARC. The Management Company will then set up a meeting with the Board and shall inform the applicant of the date and time for the meeting. 2 3) At the Board Appeal Meeting, the applicant may then address reasons why the application request should be approved. The Board may then review and discuss the application request among themselves, or with the ARC. The Board will then make a decision regarding the appeal and this decision shall be FINAL as it relates to the proposal presented. 4) If the initial proposal is denied, the Homeowner may submit a revised proposal that is in line with this Design Guidelines and Rules/Regulations Manual and then start the process all over again as a new submission. 5.0 REVIEW CRITERIA As stated in the BRV-CCR’s Article V, Item 2, the ARC and/or Board shall approve a proposed Improvement only if it deems, in its reasonable judgment, that all of the improvements conform to and harmonize with the existing surroundings, residences, landscaping and structures. The ARC and/or Board shall evaluate all submissions on the merits of the application. Besides evaluation of the particular design proposal, this includes consideration of the characteristics of the housing type and the individual site. Design decisions made by the ARC in reviewing applications are not based on personal opinion or tastes. Judgments of acceptable design are based on the following criteria, which are presented in more specific terms in the Project Guidelines section of this manual. 1. Compliance with Covenants. All applications are reviewed to confirm that the proposed Improvement is in conformance with the Declaration of Covenants, Conditions and Restrictions for BRV-CCR's. 2. Relation to the Natural Environment. Fencing, in particular, can have damaging effects on the feeling of open space. Other factors, such as disruption of the natural topography and changes in the rate or direction of storm water run-off can also affect the natural environment. Owners must take into consideration the impact, if any, that their proposed improvement will have on the natural environment. 3. Validity of Concept. The basic idea must be sound and appropriate to its surroundings. 4. Design Compatibility. The proposed Improvement must be compatible with the architectural characteristics of the applicant's home, adjacent houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details. 5. Location and Impact on Neighbors. The proposed Improvement should relate favorably to the landscape, the existing structure and the neighborhood. Primary concerns are access, drainage, sunlight, noise and ventilation. When a proposed Improvement has possible impacts on adjacent properties, the ARC may require that the applicant discuss the proposal with his/her immediate neighbors prior to making a decision on the proposal. It may also be appropriate and expedient, in some cases, to submit all the neighbor comments along with the application. This does not mean that neighbor approval is required prior to submitting the request, but merely to note that the ARC has the exclusive authority to approve, disapprove or require additional data at its discretion. 6. Scale. The size, in three dimensions, of the proposed Improvement should relate well to adjacent structures and its surroundings. For example, a large addition to a small house may be inappropriate. 7. Color. Color maybe used to soften or intensify visual impact Parts of an addition that are similar to the existing house, such as roofs and trim, must be matching in color. Refer to PAINTING Section 6.24 on page 10. 8. Materials. Continuity is established by use of the same or compatible materials as were used in the original house. The options may be limited somewhat by the design and materials of the original house. For example, vertical wood siding on the original house must be reflected in an addition. 3 9. Workmanship. Workmanship is another standard which is applied to all exterior alterations. The quality of work should be equal to or better than that of the surrounding area. Poor practices, besides causing the owner problems, can also cause safety hazards. The ARC and the Association assume no responsibility for the safety of new construction by virtue of its review and decision on a proposed Improvement. 10. Timing. Improvements may be built or installed by residents themselves, rather than a contractor, provided such work is done in a professional workmanship like manner. However, approved Improvements which remain incomplete for long periods of time are visually objectionable and can be a nuisance and safety hazard for neighbors and the community. All applications must include estimated completion dates. If an Improvement remains incomplete for longer than 12 months (1 year) then the Improvement will be considered to be in non-compliance. Refer to Article V, Item 6 of the BRV-CCR’s. NOTE: The Architectural Review Committee (ARC) will review and approve all items relating to the individual Homeowner Lots. The Board exclusively must review and approve all items relating to the Common Areas within BrambleRidge Village Patio Flumes. 4 6.0 -- SPECIFIC PROJECT GUIDELINES & RULES/REGULATIONS This section includes specific project guidelines for Owners and the ARC to use regarding proposed improvement and also includes Association Rules and Regulations, which are enforceable by the Association through the BrambleRidge Village Patio Homes Board of Directors. 6.1 ACCESSORY BUILDINGS: All temporary structures and accessory buildings, e.g., sheds, gazebos, outbuildings, etc., are strictly PROHIBITED in BrambleRidge Village. Note: Also see Storage Units below for a smaller storage item. 6.2 AIR CONDITIONERS EVAPORATIVE (SWAMP) COOLERS ATTIC VENTILATORS: All air conditioning equipment, including evaporative (swamp) coolers and attic ventilators, must receive ARC approval. A Swamp Cooler that is to be installed on a rooftop is PROHIBITED. Window type Air Conditioners are also PROHIBITED. Special Considerations: Typically, the motors and compressors on air-cooling equipment are noisy and could be disturbing to neighbors, particularly if the neighbors don't have air coolers and need to leave their windows open in warm weather. If an air conditioner is installed, consider the potential impact to your neighbors. Guidelines: No types of refrigerating, cooling or heating apparatus shall be permitted on a roof. No such apparatus shall be permitted elsewhere on a Lot, except when appropriately screened from view by either landscaping or fencing so as not to be visible from any public street, and must be approved by the ARC (BRV-CCR's Article IX, Item 7(c)). 6.3 ANTENNAS SATELLITE DISHES TRANSMITTERS No exterior radio antenna, television antenna, or other antenna, large satellite dish, or audio or visual reception device of any type shall be placed, erected or maintained on any Unit, except inside a residence or otherwise concealed from view; provided, however, that these requirements shall not apply to those antennas which are specifically covered by regulations promulgated under the Telecommunications Act of 1996, as amended from time to time. As to antenna which are specifically covered by the Telecommunications Act of 1996, as amended, the Association shall be empowered to adopt rules and regulations governing the types of antenna that are permissible hereunder and, to the extent permitted by the Telecommunications Act of 1996, as amended, establishing reasonable, non-discriminatory restrictions relating to appearance, safety, location and maintenance. Antenna. As provided in the Telecommunications Act of 1996, "Antenna" is defined as follows: (i) an antenna that is designed to receive direct broadcast satellite service, including direct-to-home satellite services and is one meter (39 inches) or less in diameter or diagonal measurement; (ii) an antenna that is designed to receive video programming services via multipoint distribution services, including multi-channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services and is one meter or less in diameter or diagonal measurement; or (iii) an antenna that is designed to receive television broadcast signals. All Antennas are subject to the provisions set forth below: Any Antenna an Owner places on their property must be registered with the Association within ten (10) days of installation. Owners shall submit a registration drawing; detailing how it complies with the guidelines set forth herein. Installation shall be by a qualified person knowledgeable about the proper installation of Antennas. All Antennas must be installed in accordance with the manufacturers' guidelines to insure safe installation, and must also be installed in compliance with all Federal, State and local statutes and regulations regarding safety. In addition, a building permit shall be obtained, if required by local ordinance. No Antenna can be over 39 inches in diameter or diagonal measurement, at it's largest dimension. Any device larger than one meter (39 inches) in diameter is strictly PROHIBITED. All Antennas must be properly grounded and must be placed a safe distance from any power lines. All Antennas must be located in a side or rear yard location, not visible from any street(s) or 5 any neighboring properties, provided such location does not preclude reception of an acceptable quality signal. All Antennas shall be ground mounted, or as low to the ground as possible, and must be blended with the background upon which they are placed by painting the Antenna the same color as the house or otherwise screening the Antenna from view from any street(s) or adjacent properties with appropriate landscaping or other materials. Wiring or cabling shall be installed so as to be minimally visible and blend into the material to which it is attached. No Antenna shall be placed in a location where it blocks fire exits, walkways, ingress or egress from an area, fire lanes, fire hoses, fire extinguishers, safety equipment, electrical panels, or other items or areas necessary for the safe operation of the Association or individual units. No Antenna shall be attached to fencing shared between lots or common areas. No Antenna may obstruct a driver's view of an intersection or a street. To the extent that interpretation of these provisions is necessary, such interpretation will be undertaken by the Architectural Review Committee (ARC) in full compliance with all Federal, State and local statutes and regulations, as may be supplemented or amended from time to time. Important Note: Satellite Dish antennas installed to receive TV satellite transmissions that are installed by the Dish or other Networks in compliance with the Telecommunications Act of 1996, are permitted. 6.4 AWNINGS: All awnings to be installed over exterior windows or over Patio areas require ARC approval. Submit with the Architectural Application appropriate pamphlets, brochures, description, colors, dimensions, etc., to provide an accurate review for ARC. 6.5 BASKETBALL HOOPS, BACKBOARDS, EQUIPMENT: Are NOT ALLOWED in BrambleRidge Village. 6.6 POLES OR OTHER RECREATION/SPORTS BIRD FEEDERS/HOUSES: ONLY those that CONTAIN SEEDS are PROHIBITED. 6.7 CLOTHESLINES: No clotheslines are to be constructed, installed, mounted, erected or maintained on any Lot, within any resident's private landscape area or within the community common area of BrambleRidge Village. 6.8 DECKS and PATIOS: All decks and patios require ARC approval, except as follows: Ground level concrete patios and/or wood decks no higher than 16" above grade with dimensions no larger than the current size of the deck and located within the resident's private landscape area only. All existing decks and/or patios constructed by the homebuilder do not need to be submitted for approval. The Homeowner is responsible for the maintenance of all decks and patios. 6.8-1) DECK EXPANSIONS: Deck expansions must be of the same material as the current deck and installed as an integral part of the house. Final finish must coincide with Guidelines stated in this section below. 6.8-2) DECK REPLACEMENT: New or replacement deck plans must be submitted for review with specifications, dimensions, drawing of elevations and full description of the materials to be used. Final finish must coincide with Guidelines stated in this section below. Guidelines: a) Visibility. (Location and Impact on Neighbors): The deck or patio should relate favorably to the existing patio area, landscape, and the Unit. b) Color: The deck must be stained to match the house field color, house trim color, or with a clear protective finish or a natural stain color. c) Permanence: Decks are a permanent addition to the house. Expect to use preservatives to retain the character of the deck as new. d) Size: No deck may exceed the boundaries of the residents' private landscape area. 6 e) Building Codes and Permits: In some cases, decks must meet certain building guidelines and may require building permits. The applicant should check with Douglas County Building Department to determine if their proposed Improvement requires such a permit. f) Materials: Acceptable materials may include cedar, redwood, stone, tile, brick, concrete, or the new synthetic deck materials available. Pressure treated lumber may be used for the deck support or underneath the surface deck material. Unacceptable materials include, but are not limited to, plywood sheeting, corrugated plastic or metal, concrete blocks, rough poles, logs or slab wood. g) Design Compatibility: The proposed Improvement must be compatible with the architectural characteristics of the applicants home, adjacent houses, and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details. 6.9 DOGHOUSES: Must be approved by ARC and must be located and remain on the patio or deck area of the home. 6.9-1) DOG RUNS: Dog runs are PROHIBITED. Dog runs are defined as chain link, wire, or other type fence installed specifically for containment of the animal(s). 6.9-2) DOG -- INVISIBLE FENCES: Must be approved by ARC, PRIOR to installation. Note: The Homeowner is responsible for any damage to sprinklers, water lines, landscape, etc. that is sustained as a result of the installation of such invisible fence. Also refer to PETS, Section 6.27 on page 11. 6.10 DRAINAGE MECHANISMS: All drainage devices, such as French drains, etc. must be submitted in writing to ARC. ARC will review and render a final decision. Approval shall not be granted unless provision is made for adequate alternate drainage. The established drainage pattern over any property cannot be altered without written permission from ARC. A Douglas County permit will be required. (See BRV-CCR's Article IX, Item 19 and CPN II Owners Association CCR's, Article IX, Item 18). Detailed drainage plans have been approved by Douglas County for the BrambleRidge Village community. The Homeowner shall hold harmless the BrambleRidge Village HOA, its Board of Directors, Management Company, ARC Committee and the BrambleRidge Landscaping Contractor for any problem incurred as a result of any approval of a drainage addition, alteration, or direction change. Any change to the drainage flow, direction, manner, etc. may require Douglas County approval. For example, retaining walls in easements or drainage ways may present a problem. Applicants are strongly urged to consult with the Douglas County Engineering Department on any proposed Improvement that may affect drainage. ARC approval does not imply approval by Douglas County. Homeowners re-routing lot drainage may incur liability for damage to property of adjacent and nearby owners and may also void structural warrantees. 6.11 EXTERIOR FRONT DOOR REPLACEMENT: If the homeowner wishes to replace the exterior front door of the home, approval by ARC is required. Submit a pamphlet, brochure, picture and/or full description of the door to be installed. 6.12 FENCES or LATTICEWORK: Requires ARC Approval, Homeowner installed fencing may only be considered if it is to be placed at the perimeter of the residents' private landscape area or immediately adjacent to grade level patios or decks and must be maintained by the Homeowner. In BrambleRidge Village, the CPN II Owners Association will maintain the boundary fencing installed by the builder/developer. The acceptable stain color for fencing is KWAL Howells Silverberry Solid Color Stain, or equivalent, or they may be painted the same trim or body color of the house. 7 6.13 FLAGPOLES: Flagpoles that are free-standing are PROHIBITED. Flags attached to the front or to the back of the house or on the deck do not require approval as long as they do not rise above the level of any second story windows. It is incumbent upon the Homeowner to assure that the pole bracket is attached securely to the house and all worn/torn flags ace replaced or removed completely. If officially notified by the I Homeowners Association regarding a flag or its attachment, Homeowners compliance must occur within 30 days of the notice. 6.14 FLOWER BOXES ON WINDOWS: Permanent Window Flower Boxes that were installed by the homebuilder as part of the design of the house do not require approval. However. ATTACHED Flower Boxes where none presently exist do require ARC approval and must be the same design of the home and the same color as the trim or field of the house. 6.15 GARAGE SALES: Individual Garage sales are PROHIBITED within BrambleRidge Village. However, BrambleRidge Village residents may participate in the Annual Garage Sale held for all communities within Castle Pines North. Community Garage Sale signs will be distributed by the CPN Master Association. Call the CPN Community Center at 303-482-3078 for the acceptable signs. 6.16 GREEN HOUSES: Are strictly PROHIBITED. 6.17 HOT TUBS JACUZZI AND SPAS: ARC approval is required. Any request that does not conform to the guidelines in this section must be closely reviewed and may not be approved. Guidelines: The Hot Tub, Jacuzzi or SPA must be an integral part of the deck or patio area and the top of the tub must not be visible above the patio rail line. The Hot Tub or SPA shall be fully located within the Owner's Private Landscape Area and shall be located in such a way as to minimize the view of the Hot Tub/SPA from adjacent homes. 6.18 IRRIGATION/SPRINKLERS: Automatic underground lawn irrigation systems were installed by the builder/developer. Tapping into common area drip lines or irrigation lines is strictly PROHIBITED. Any addition of a separate litigation system on a Homeowner's Lit or the Common Areas must be submitted and reviewed by the ARC and/or Board. 6.19 HOUSE NUMBERS: May be replaced without ARC approval, as long as they conform to the community design and remain in their current location on the garage or house. 6.20 LANDSCAPING TREES ADDITION OR REMOVAL VEGETABLE GARDENS SHRUBS AND PLANTS: Landscaping has been installed by the builder/developer, except for the owner's private landscape area. See below for Landscape requirements. 6.20-1) LANDSCAPE BORDERS: All borders installed around trees, shrubs, plants, flower beds, etc., located on landscape sod or any other area anywhere within BrambleRidge Village, MUST NOT be above ground level and should be of the flexible material designed for such purpose. If using decorative bricks or payers, they must be installed flush at ground level and cannot be raised. Rocks, stones, wire fence, or other materials that extend above ground level on the landscape sod area that is maintained by the Homeowners Association is strictly PROHIBITED. (Also refer to Tree Borders, Section 6.44-1). 6.20-2) OWNER'S PRIVATE LANDSCAPE AREA (Back PATIO area): ARC approval is required for all landscaping to be installed by the owner on the designated private landscape area. Submit a detailed plan of what is to be planted or constructed in this area. 6.20-3) HOME FRONT AND SIDE AREAS: ARC approval is required for all additional or any change of the landscaping around the perimeter of the home. 6.20-4) COMMON AREAS: No change, addition or alteration of existing common area landscaping is permitted without the Board Approval. Requirements: 8 a) Should the Homeowner want to plant any additional trees, shrubs, plants, flowers, etc., on any of the common areas, or want to plant trees on his/her own lot to he maintained by the HOA, the Homeowner(s) must execute and submit a Landscape Agreement to the ARC for review and recommendation for final approval by the Board of Directors. b) All landscape planting, clearing, or removing of trees, shrubs, grass or plants from the Common Area, even when such work is performed h the landscaping contractor, must he approved by the Board. Guidelines: All landscaping has been installed by the builder/developer in accordance with the BrambleRidge Village landscape plan. Landscaping installed by the builder will be maintained by the BrambleRidge Village Patio Homes Association, and may not be altered without resets and approval of ARC or the Board. It is important that nothing is installed on the grass/sod areas of the homes that may interfere with the regular maintenance performed by our landscape contractors, sprinklers, or the designed drainage patterns. The owner will be responsible for maintaining owner installed landscaping within the residents’ private landscape area (see BRV-CCR's Article IX, Item 16). Foundation plantings should not be placed within five feet (5') of the foundation of the house. Decorative rock is a far better choice than grass and shrubs in these areas. If evergreen shrubbery and grass is used within five feet (5') of the foundation walls, all irrigation should be by 'controlled' hand watering by the homeowner. Avoid excessive watering at all times. Excessive watering near the foundation of the home may adversely effect the foundation and may void structural warrantees. Homeowners should instruct landscape contractors that the dumping of rock, bark or other landscape materials on the streets, driveways and sidewalks of BrambleRidge Village is PROHIBITED. 6.21 LIGHTS and LIGHTING: Ornamental garage lights either installed by the builder or consistent with the original builder's design do not require ARC approval. Temporary holiday lighting does not require approval (Refer to Seasonal Decorations, Section 6.34 below). All other exterior lighting such as post lights, spotlights, security floodlights or strobes, solar lights and other low voltage ground lighting (along drives and walkways, accent soft lighting, etc.) DOES REQUIRE ARC approval. 6.22 MISCELLANEOUS MATERIAL STORAGE: No materials, such as building and miscellaneous garden supplies, may be stored on the front, driveway, side or back of home invisible view. (Refer to Section 6.42, Storage Deck Box/Bin/Unit). 6.23 ORNAMENTAL/DECORATIVE ITEMS: Any Ornamental/Decorative Item not mentioned herein, must be submitted to ARC for approval. Guidelines: Yard ornaments, outdoor sculptures, flower boxes, flower benches, flower posts, flower pots, natural items such as driftwood, small rocks and similar items used for decorative or hobby purposes, airborne devices (as defined in "d" below), hanging baskets, wind chimes, etc., are permitted subject to the following restrictions: a) Ornamental and decorative items should be installed and maintained on patios and porches. b) Small ornamental/decorative items and only those which have minimal impact on their surroundings, may be placed in the gravel perimeter of the Owner's Unit. No such item may conflict with the landscaping, alter drainage, block or divert the watering or irrigation system, present a material disruption to the architecture of the community, impede maintenance conducted by the Association or introduce real or potential costs or liability to the Association. In addition, such stems may not pose a safety hazard or block access to common areas. Additionally, owners must prevent these items from deteriorating or becoming unsightly. c) No items of this nature are permitted in the grassy areas of the community. Owners will be asked to remove or bring into compliance any items which do not conform to these criteria. 9 d) Airborne devices, artwork and ornamentation such as windsocks, decorative flags, mobiles, hanging baskets, art work, wind chimes, etc., may be displayed only from porches and patios so long as they do not create a nuisance condition, impede the performance of maintenance or materially disrupt the architecture of the unit or the community. The prudent judgment of the homeowner must be exercised when displaying any decorative flags, airborne devices, artwork or ornamentation. All miscellaneous improvements that do not conform to the above guidelines will require ARC approval. 6.24 PAINTING: ARC approval is not required for repainting of your home in the identical, original color(s). Refer to Appendix A. Any color change does require ARC approval. Complete the "Exterior Paint Request Form" for submission and review by ARC. It is the Homeowner's responsibility to ensure that the exterior paint on the home is maintained in good condition. (See BRV-CCR's Article VIII, Item 1(d). Also, the Homeowner is subject to BRV-CCR's Article VIII, Item 2). Special Considerations: The current BrambleRidge Village Color Palette (found in Appendix A) provides for a wide variety of subtle combinations of field and trim colors that are within a family of hues. The intent is to provide the homeowner with the opportunity to have a combination of colors that appeal to their aesthetic desires and, at the same time, compliment adjacent homes. Again, if repainting with the identical original tome colors, approval is not required. The BrambleRidge Village selection list of approved color combinations is based on the original colors selected by the builder. The list gives you the opportunity to simply select colors that have been previously approved within the community. Should you find that a specific field or trim color is not contained in the list, you may submit your specific colors as your request, and if the ARC determines that your colors are compatible with the BrambleRidge Village color palette, your request will be approved. As time passes, tastes change. Colors used during the original development may no longer be in vogue. It is the ARC's intent to maintain a contemporary color selection that satisfies the majority of homeowners. It is a responsibility of the ARC to assure that new colors will not adversely affect the existing approved paint palette and colors in use. Guidelines: a) Color: Acceptable colors are those combinations identified on the BrambleRidge Village Color Palette, found in Appendix A. Specific trim colors go with specific field colors. Adjacent house colors affect the field colors that may be approved. It is imperative that clusters of similar field colors are avoided. If you are submitting color names that the ARC is unfamiliar with, please provide one (1) set of all color chips of field, trim, garage door and front door colors with your request. Caution: You are responsible for the color of your home. If you contract the job, make sure that you are protected if the contractor's work fails to match the approved paint colors. You maybe in violation of the CCR's if the contractor does not match the approved color. b) Permanence: Expect 3-5 years of wear between paintings. You will likely find the trim deteriorating more quickly than the field, especially for those areas that receive frequent exposure to sunlight 6.25 PARKING: The following shall apply to parking of vehicles within the Community: a) No Commercial Vehicles shall be allowed to park on any Lot within the Community, unless such parking or storage is entirely within the garage area of any Lot. A Commercial Vehicle shall be defined as any vehicle registered with the State Motor Vehicle as a "Commercial Vehicle" that is larger than 3 /4 ton. b) Commercial Vehicle owners in violation of this rule are subject to assessment of fines and/or towing at the expense of the vehicle owner. c) Owner(s)/occupants shall nark their vehicles in their garages If the number of vehicles exceeds the space in the garage area, additional vehicles must be parked in the driveway of the home Street parking should only be utilized by guests and visitors of the Community. d) All owner(s)/occupant's vehicles left parked on the street during snow removal operations shall be subject to the assessment of fines per enforcement procedures attached hereto. 10 e) RV's, Motor Homes, Trailers, Boats, etc., may be parked on the street or in the driveway for a maximum of 72 hours, for the purpose of loading and unloading. Recreational Vehicles may not be stored anywhere in BrambleRidge Village. (See BRV-CCR's Article IX, Item 8). Note: The frequent presence of a recreational vehicle parked on the street or in the driveway, shall be construed as STORAGE and is PROHIBITED. Frequent presence is defined as a vehicle reappearing within a 'I day period. 6.26 PATIO COVERS, ARBORS SCREEN or GLASS ENCLOSURES: All patio covers, screen or glass enclosures require ARC review and approval. All patio covers constructed by the original builder do not need to be submitted for approval. However, all additions of a Patio Cover, Arbor, or any type of Patio Enclosure MUST be reviewed by ARC for approval. Additionally, a Douglas County Permit must be obtained and it must meet all City/County Planning Department requirements. See Section 6.4 for patio Awnings. 6.27 PETS: Pet Owners who are in violation of the pet rule(s) as listed below, will be reported to Douglas County Animal Control for further action and will be responsible for any fines assessed related to the violation(s) as per Article IV of this resolution. a) Dogs shall be kept on leashes, no longer than 10 feet, at all times while outside, except while in a private area (i.e. fenced in patio, porch or deck) restricted for the exclusive use of the Unit Owner(s). b) Cats are not allowed to roam loose in BrambleRidge Village. Owners must keep the cat indoors, or when the cat is outdoors, the Owner MUST keep it under their immediate control by leash or other secure means. c) Dog/Cat owners shall be responsible to clean up after their pets. Any waste made by pets in the landscaped areas maintained by the Association must be cleaned up at the time of incident by the Owner(s)/occupants of the unit in which the pet resides or is visiting. d) Owner(s)/occupants shall be responsible for their pets behavior. Pets shall not be permitted to be a nuisance as outlined in BRV-CCR's Article IX, Items 5 and 9. e) Dogs shall not be permitted to bark excessively in accordance with the Douglas County Dog ordinance. f) To report an Animal Control violation, please contact Animal Control Services in Douglas County at (303) 660-7529. 6.28 PLAY YARDS: Play yards, jungle gyms, swings, slides, trampolines, etc. are PROHIBITED in BrambleRidge 6.29 RECREATIONAL EQUIPMENT: No permanent exterior recreational equipment is permitted. Village. 6.30 RESIDENCE STRUCTURE ADDITIONS: No revised residence structures, additions or expansions are allowed in BrambleRidge Village. Due to the short distances between the houses, retaining walls and fences, it is not feasible for a homeowner to expect to add on room additions or to extend the residence structure. Therefore, structural expansions are PROHIBITED. 6.31 ROCKS (large), BOULDERS and PAVERS, STEPPING STONES ETC.: These items are not considered as part of landscaping described in Section 6.20 above and must he reviewed separately. Installation of large decorative Rocks or Boulders (defined as 24" x 24" or larger) must be submitted to ARC for approval regardless of the planned location placement. (Refer to Section 6.23 for Ornamental small rocks). a) Pavers or stepping stones of any type also must be submitted to ARC. EXCEPTION: Pavers/stepping stones to be placed on the designated owner's private landscape area only, do not require approval. 11 Note: Large Rocks or any type of Payers requested to be installed on individual Homeowner’s Lot must be reviewed and approved by ARC. Common areas must he approved by the Board. Any item that will interfere with current drainage patterns will typically be denied. 6.32 ROOFTOP EQUIPMENT/ITEMS: Placing or installing anything on the roof of the home, with the exception of ice cables to prevent freezing, other than the ventilation pipes, etc., that were installed with the original construction is strictly PROHIBITED. Of course, in the future, having to replace any ventilation pipes or other systems items presently in place will not require ARC approval. 6.33 RVs, BOATS, CAMPERS, MOTORCYCLES, MOTOR HOMES, TRAILERS: Or any other type of vehicle, recreational item, or unit stored in driveways, OR side yards is strictly PROHIBITED. (Refer to Parking, Section 6.25 above). 6.34 SEASONAL DECORATIONS: Are permitted with the following qualifications: a) Holiday Season decorations shall not be displayed prior to Thanksgiving and must be removed by February 1st of the following year. Because the Holiday Season is celebrated over several months, these decorations are permitted over a longer period of time. b) All other celebrated holiday decorations must be removed within thirty (30) after the celebrated event 6.35 SECURITY DOORS, STORM DOORS, SECURITY SYSTEMS: High quality colonial cross buck doors, hill panel glass doors, decorative wrought iron doors or decorative aluminum doors do not require approval by the ARC provided they are black, white, or the color of the house field or trim, or the original accent color. Any other door, closure, or change of the builder's original design requires ARC approval. All other security systems or measures winch are installed on the exterior of the house require ARC approval. Security bars on windows are PROHIBITED. 6.36 SHEDS AND ACCESSORY BUILDINGS Are PROHIBITED: (Refer to Accessory Buildings in Section 6.1 above and Storage Deck Box, Bin, Unit in Section 6.42 below). 6.37 SHUTTERS: Shutters on windows that are not part of the original construction need ARC approval and they must be painted the same color as the house trim and consistent with other homes in BrambleRidge Village. (Refer to Painting in Section 6.24 above) 6.38 SIGNS and ADVERTISEMENTS: No signs or advertising of any type shall be erected on the common area. a) All signs on a homeowner lot must be in compliance with Castle Pines North Master Association, Castle Pines Metro District and Douglas County. Signs (no larger than 18" x 24") advertising homes for sale or rent only shall be allowed and do not need approval provided it meets the guidelines of this section. All other signs must be submitted for ARC approval. b) Security system signs are permitted in accordance with the BRV-CCR's. Article IX. Item 7. c) No signs are permitted to be placed on the mailboxes, as these are Federal property. Guidelines: a) Real Estate Signs: Temporary, non-illuminated, real estate signs indicating the availability for sale, rent, or lease of a specific lot upon which this sign is erected or displayed does not need ARC approval if the following criteria are met: Not to exceed five (5) square feet in total area Not to exceed four feet (4') in height Restricted to one (1) sign per street frontage Such signs are not to remain in place more than seven (7) days following sale closing or rental occupancy of the property. Such signs may not be placed on any fence or wall installed by the developer. Open House signs shall conform to the above dimensions, are limited in number to six (6), shall be placed only upon the owner's property or within the public right-of-way for the duration of the open house, and shall not block or interfere with traffic visibility. All signs must also meet local sign codes. 12 b) Garage Sale Signs: Refer to Section 6.15 above. All other signs, including but not limited to, posters, billboards, advertising devices, or displays of any kind, are not permissible for posting in any area of BrambleRidge Village without the prior written consent of the ARC or Board. 6.39 SNOW REMOVAL: The Association will provide for snow removal in BrambleRidge Village subject to the following stipulations: a) The Association will provide for snow removal of sidewalks, driveways, and walkways up to the porch areas when 25% of the homes within the BrambleRidge Village Patio Homes have a snow accumulation of four inches (4") to be measured in the middle of the driveways. b) The snow removal contractor will be responsible for determining when approximately 20 homes have a four (4") accumulation. When snow removal is warranted, the snow removal contractor will begin removing snow when the snowfall has completely ceased. c) A depth of less than four (4") inches will be the responsibility of the homeowner. Removal of ice build-up resulting from the daily thaw is not the Association's responsibility and is the sole responsibility of the homeowner(s). Daily thaw is the melting of existing snow, which turns to icy conditions as the temperature drops to freezing. The Association's snow removal contract does not provide for removal of ice caused by daily thaw. The Association's responsibility is to remove snow within the accumulation guidelines set forth by the Board of Directors. To help prevent ice build-up caused by the "daily thaw", ice melt will be provided to all BrambleRidge homeowners who request it. In some cases, ice may develop on sidewalk, driveway and walkway areas despise the Association's snow removal efforts. We would encourage all homeowners to use special caution when venturing out in the snow and icy conditions. d) Snow will be plowed from the streets and common parking areas within the Community when the snow depth reaches four (4") inches in accumulation. 6.40 SOLAR PANELS: Solar panels are prohibited in BrambleRidge Village unless they meet all governmental guidelines for residential use in which case they may be located on the roof if such solar unit is built into and made an integral part of the roof structure and/or design or made an integral part of the structure of the house and solar panel installation. Specific approval in writing by the ARC is required for any solar panel installation. 6.41 SPAS: Refer to Hot Tubs above in Section 6.17. 6.42 STORAGE DECK (small) BOX/BIN/UNIT: Is permitted if it is contained on or under the deck; patio, or under the stairs and is not higher than the dock railing, no wider than 3 feet and no longer than the patio upon which it is placed. The unit cannot be in view or unsightly. 6.43 TRASH: Trash must be properly contained in the garage at all times. When bringing to the street for pickup, the trash must be contained in a trash can, plastic receptacle with lid, or in dual heavy plastic bags that will prevent vermin and birds from tearing it apart and spreading trash on walks and streets. Trash should not be placed outside before the morning on the day of trash pickup. 6.44 TREES: Refer to Landscaping in Section 6.20 above for details regarding trees. 6.44- 1) TREE BORDERS: Installation of tree borders must be approved by ARC. (Also refer to Landscape Borders, Section 6.20-1 above). All tree borders must meet the following criteria a) Material used, such as rubber, metal, stone edging, etc., must be installed flush at ground level with nothing raised above ground. b) Maximum diameter is 3 feet with tree in the center. c) Climbing plants, such as ivy, roses, honeysuckle, etc., are PROHIBITED. These type plants can smother the tree and/or cause tree disease. 6.45 UNDERGROUND INSTALLATIONS: Any Gas. Water, Electrical or other type of lines to be installed on a Homeowner Lot shall require ARC approval. Any such line encroaching on a Common Area must he reviewed and approved by the Board 13 6.46 WIND VANES and DIRECTIONALS: ARC approval is required. 6.47 WALLS: All walls on individual lots require ARC approval. Retaining walls shall not be constructed in such a manner as to interfere with the established drainage patterns. Outside walls, chimneys and roofs shall not be modified, changed or altered in any way without ARC approval. Retaining Walls erected on common areas shall not be altered without consent of the Board. 6.48 WATER FEATURES: Requests for installation of a water fountain, garden pool, or other type of water feature shall require ARC approval. It may be necessary to obtain agreement from owners of adjacent lots prior to submitting your application to Signature Management for ARC review. This s not mandatory however, but is am the discretion of the ARC, NOTE: EXTERIOR MAINTENANCE All exterior maintenance items (house paint, roofing, decks, etc.) are the responsibility of the Homeowner and must be maintained in good repair. Refer to BRV-CCR's, Article VIII, Items 1(d) and 2. ATTACHMENTS: APPENDIX A BrambleRidge Village Color Palette (must insert the initial home colors) EXHIBITS BrambleRidge Village Architectural Review Application BrambleRidge Village Exterior Paint Request Supplemental Form BrambleRidge Village Building Request Supplemental Form BrambleRidge Village Policies/Procedures for Enforcement of Governing Documents BrambleRidge Village Patio Homes Association -- Design Guidelines and Rules/Regulations Manual 14 APPENDIX A BRAMBLERIDGE VILLAGE COLOR PALETTE VILLAGE HOMES PATIO HOMES (2300) (REVISED 1/28/97) Specifications of the paint order per scheme: 1) BODY - FIELD 2) TRIM 1) Morris Room Gray - SW0037 2) Downing Sand - SW2822 3) Keystone Gray - SW2005 4) Obsidian - SW2738 3) 4) SHAKE/GARAGE DOORS SHUTTERS/DOORS 1) Heirloom - 5671W 2) Whispering Birch - 8010W 3) Putty - 5402M 4) Smokebush - 8585D 1) Meadowlark - 8724M 2) Downing Sand - SW2822 3) Wild Country - 8735D 4) Raison - SW2706 1) Mansard Stone - 8635D 2) Estate Greige - 8682W 3) Mushroom - 5392M 4) Briny Deep - 8576N 1) Colonial Revival Stone-SW2827 2) Downing Sand - SW2822 3) Resort Tan - SW2040 4) Greylock - SW2096 1) Backpack - 8664M 2) Tequila - 8672W 3) Taiga - 8346N 4) Spruce Island - 8606N 1) Roycroft Suede - SW2842 2) Downing Sand - SW2822 3) Weathered Shingle - SW2841 4) Black Cherry - SW2724 1) Desert Wind - 5632M 2) Cotton - 5630W 3) Sagebrush - 5394D 4) Graphite - 5925N 1) Bunglehouse Gray - SW2845 2) Downing Sand - SW2822 3) Stepping Stone - SW2089 4) Roycroft Bronze Green - SW2846 1) Linden Green - 5584D 2) Estate Greige - 8682W 3) Kayak Brown - 8745A 4) Best Burgundy - 8886N 1) Downing Stone - SW2821 2) Downing Sand - SW2822 3) Greylock - 8654D 4) Cyprus Black - SW2252 1) Pelican - 5373M 2) Navajo White - 5860M 3) Nomad - 5524D 4) Black Watch - 5125A 1) Lava Rock - 8764M 2) Mushroom Basket - 8712W 3) Night Mission - AC143N 4) Sympony Blue - 8476N 1) Otter - 5403M 2) Bone Chine - 5620W 3) Chestnut - 5264D 4) Geode - 5525N 15 1) Stone Frieze - 8824M 2) Misty Mica - 8711W 3) Abundant Wine - 8436N 4) Purple Fable - 8446N 1) Camino - 5353M 2) Ancestral - 5371W 3) Grey Expectations - 8584M 4) Aubergine - AC139N 1) Lost Cavern - 5424D 2) Artist’s Cream - 8681W 3) Night Sail - 8566N 4) Odyssey Blue - 8456A 1) Daplin - 8234M 2) Antique Ivory - 5750W 3) Mesa - 5254D 4) Delta - 5395A 1) Tequila - 8672W 2) Walrus Tusk - 8670W 3) Old Amethyst - 8455D 4) Western Cedar - 8345D 1) Desert Beige - 5751W 2) Pearl White - 5840W 3) Grotto - 5573M 4) Pine Needle - 5565A 1) Tinder Box - 8683W 2) Hayseed - 8220W 3) Peking Blue - 8556A 4) Thunder Gray - 8515D 1) Cinnamon - 8254M 2) Pearl White - 5840W 3) Mansard Stone - 8635D 4) Black Bordeaux - 8896N 1) Kayak Brown - 8745A 2) Lulled Beige - 8232W 3) Aubergine - AC139N 4) Spiced Plum - 8876N 1) Grotto - 5573M 2) Brie - 5631W 3) Timber Tan - 8325D 4) Metropolis - 8586A 1) Hummingbird - 5244D 2) Bavarian Torte - 5361W 3) Chinosierie - 6045N 4) Purple Honor - 8906N 1) Wood Cut - 8694M 2) Botany Beige - 8221W 3) Metal Salvage - 8775D 4) Briny Deep - 8576N PAINT COLORS listed are for KWAL HOWELLS paint; substitute paint manufacturers are permitted provided the colors are a duplicate of the current colors presently on the home. 16 EXHIBITS BR- Architectural Review Application BR - Exterior Paint Request Form BR - Building Request Form BR - Enforcement Policies & Procedures 17 BRAMBLERIDGE VILLAGE PATIO HOMES ARCHITECTURAL REVIEW APPLICATION NAME: ____________________________________________________ ADDRESS:_____________________________________________________________ Home Phone: ________________________ Work Phone: _______________________ The following type of improvement/design/change is hereby requested (Check one): Landscaping Deck/Patio/Slab Roofing Painting Fencing Drive/walk Addition Patio Cover/Arbor Addition - describe: _______________________________________________ Other___________________________________________________________ Note: If more than one type of improvement is requested, describe all using additional sheet as necessary. Describe Improvement: (attach a picture, drawing, brochure, etc., of the proposed improvement) Planned Completion Date: ____________________________ I/We understand that I/We must receive approval from the Architectural Review Committee (ARC) in order to proceed. I/We understand that the ARC approval does not constitute approval of the local City/County Building Departments and that I/We may be required to obtain a Building Permit. I/We agree to complete improvements after receiving ARC approval. I have read the Covenants, Conditions and Restrictions and the Design Guidelines and Rules/Regulations Manual and I/We agree to comply with these documents. Date: ______________ Homeowner Signature _________________________________________________ ARC ACTION: Completion required by: ______________ Approved as submitted Approved subject to: All improvements must comply with BRV-CCR’s, the Design Guidelines and Rules/Regulations Manual; improvements shall NOT alter existing drainage patterns. Referred to Board - Recommendation:___________________________________________________________ Denied for the following reason(s): ____________________________________________________________________________________ ARC Member Signature ______________________________________ Date ___________________ Board Member Signature____________________________________ (Board Signature is required if Application is Referred) 18 Date ___________________ BRAMBLERIDGE VILLAGE PATIO HOMES EXTERIOR PAINT REQUEST FORM Supplement to ARC Application NAME: ____________________________________________________ ADDRESS:__________________________________________________ Home Phone: ________________ Work Phone:____________________ Colors Currently on Your Home (See the BrambleRidge Village Color Palette): Field:___________________________________________ Trim:___________________________________________ Shake/Garage Door:____________________________________ Shutters/Doors:___________________________________ Neighbors Home Colors: Home Right side Home Left side Field:____________________ Field:_____________________ Trim:____________________ Trim:_____________________ BE SURE NOT TO CHOOSE COLORS THAT ARE TOO SIMILAR TO YOUR NEIGHBORS’ COLORS Requested Color CHANGE Choices: Field:_________________________________________ Trim:_________________________________________ Shakes/Garage Door:____________________________ Shutters/Door:__________________________________ Date Painting will Begin on:___________ Estimated Completion Date: __________ NOTE: Please submit this form, along with a completed Design Review Application, plus one (1) set of each color sample, if requesting a color change or other non-Village Home colors. I/We understand that I/We must receive approval from the Architectural Review Committee (ARC) in order to proceed. I/We agree to complete improvements after receiving ARC approval. I/We have read the Covenants, Conditions and Restrictions and Design Guidelines and Rules/Regulations Manual and I/We agree to comply with these documents. Date: ______________ Homeowner Signature _________________________________________________ 19 BRAMBLERIDGE VILLAGE PATIO HOMES BUILDING REQUEST FORM Supplement to ARC Application NAME: ____________________________________________________ ADDRESS:__________________________________________________ Home Phone: ________________ Work Phone:____________________ I/We are formally requesting to add the following: _________________________________________ Details from PROPOSED Plans: 1) MEASUREMENTS: Height:____________________________ Length:____________________________ Width:_____________________________ 2) 3) 4) 5) 6) 7) Is the siding the same as your house? Is the roofing material the same as your house? Is it painted to match the field and trim colors on your house? Are the details (trim boards) consistent with your house? Does the pitch of the roof match your house? Have you provided space around the Patio or made design considerations, that will allow for future maintenance (repainting)? ___Y ___Y ___Y ___Y ___N ___N ___N ___N ___Y ___N NOTE: Please submit this form, along with a completed Architectural Review Application, and attach two (2) copies of your construction plans, including a Plot Plan of your home and entire lot showing which neighbors or streets will see the dwelling, and side drawings showing the view seen by neighbors and from streets, where affected. Also attach any pictures, pamphlets or brochures showing a completed sample of the proposed design of the item. I/We understand that I/We must receive approval from the Architectural Review Committee (ARC) in order to proceed. I/We agree to complete improvements after receiving ARC approval. I/We have read the Covenants, Conditions and Restrictions and Design Guidelines and Rules/Regulations Manual and I/We agree to comply with these documents. I/We understand that the ARC approval does not constitute approval of the local City/County Building Departments and that I/We must obtain a Building Permit. Date: ______________ Homeowner Signature _________________________________________________ 20 BRAMBLERIDGE VILLAGE PATIO HOMES ASSOCIATION, INC. POLICIES AND PROCEDURES FOR THE ENFORCEMENT OF THE GOVERNING DOCUMENTS At a regular meeting of the Board of Directors held on July 12, 2004 the revised Design Guidelines and Rules/Regulations Manual was adopted: Adoption of Design Guidelines and Rules/Regulations Manual is authorized by Article XI, Item 14 of the Declaration of Covenants, Conditions and Restrictions of BrambleRidge Village Patio Homes Association, Inc., and Article VII of the Bylaws of BrambleRidge Village Patio Homes Association, Inc. Pursuant to Article XI of the Declaration of Covenants, Conditions and Restrictions of BrambleRidge Village and Article VII of the Bylaws for BrambleRidge Village Patio Homes Association, Inc. any violation of said Covenants, Conditions and Restrictions of BrambleRidge Village, the Bylaws, the Articles of Incorporation and the Design Guidelines and Rules/Regulations for BrambleRidge Village Patio Homes Association, Inc. shall result in the implementation of the following penalty/fine procedures: Violations are divided into two categories: Type I are those that can be corrected immediately, and include such issues as parking and trash on the homeowners property. Type II are those that require time to correct, such as house painting and structural issues. Second, third, and subsequent, offenses/violations are defined as failure to correct the offense/violation by the date specified on written notice, or repeat offenses/violations of the same section of the Covenants, Conditions and Restrictions and Rules and Regulations within a six month period. All Type I and Type II violation notices must be in writing and second and subsequent violation notices must be sent certified mail, from the Management company, on behalf of the Board of Directors, to the owner(s) of record. This written notice must identify the specific violation and cite that section of the Covenants, Conditions and Restrictions and/or the Rules and Regulations that is being violated. The notice must give the date by which the violation must be corrected for Type I violations. Homeowners that receive a Type II violation must notify the Board of Directors through the Management company within ten (10) calendar days, in writing, of their plan to correct the offense. Finally, the notice must provide guidelines for the owner(s) to request a hearing if the owner(s) disputes the violation. DAMAGES Damages shall be claimed by the Association for the Violation found by the Association and a fine shall be imposed. Additionally, other allowed charges shall be claimed by the Association, including attorneys' fees, court costs and any other associated costs, if any. Also, that upon remedy of the violation found by the Association and payment of damages and any other allowed charges to the Association, the Association shall cause any liens filed to be released. First Notice of Offense/Violation 21 Written notice/warning letter to the owner(s). Owner(s) who receive a notice of a Type I violation must correct the offense/violation within ten (10) days of the date on the notice to the owner(s). Owner(s) who receive a notice of a Type II violation must notify the Board of Directors through the Management company in writing within ten (10) calendar days of the date on the notice to the owner(s), giving the date by which the offense/violation will be corrected and how it will be corrected. Second Notice of Offense/Violation Failure to respond or comply with the First Notice of Offense/Violation within the noted time frame will result in a Second Notice of Offense/Violation sent certified mail and the assessment of a twenty-five dollar fine ($25.00) against the property where the offense/violation has occurred. Third Notice of Offense/Violation Failure to respond to the Second Notice of Offense/Violation within ten (10) days will result in a Third Notice of Offense/Violation sent certified mail and the assessment of a fifty dollar ($50.00) fine against the property where the offense/violation has occurred. Fourth Notice of Offense/Violation Failure to respond to the Third Notice of Offense/Violation within ten (10) days will result in the sending of a Notice of Intent to Lien, via certified mail, and the assessment of a one hundred dollar ($100.00) fine assessed against the property where the offense/violation has occurred. Homeowners Right to Hearing Homeowners who receive a Notice of Offense/Violation may request a hearing to respond to dispute the alleged offense/violation. Such request for a hearing must be made, in writing, to the Board of Directors through the Management Company within the time period given to correct or resolve the issue. The Board of Directors shall meet within thirty days (30) to hear both sides of the issue and render a decision. A written notice of the decision shall be provided to the owner(s) within ten (10) days of the hearing. The decision shall be final and binding. THE BOARD OF DIRECTORS RETAINS THE RIGHT TO TAKE CORRECTIVE ACTION AS PROVIDED IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BRAMBLERIDGE VILLAGE ARTICLE IX, ITEM 2 (ASSOCIATION’S RIGHT TO REPAIR, MAINTAIN, RESTORE AND DEMOLISH) IN THE EVENT THE HOMEOWNER REFUSES TO COMPLY WITH THE NOTICE.