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Guidelines for Requesting Changes to Property
(Revised April 1982)
- In order to provide Clark's Crossing Homes Association members some interpretation
and clarification of the treatment given changes to property in the
"declaration of Covenants, Conditions and Restrictions,"
the Architectural Control Committee of the Clark's Crossing Homes Association has developed, and the Board of Directors has approved the following guidelines which apply to every
member of the Association.
- Whether or not Architectural Control Committee approval is required
before making a change to property depends on the type of change and/or
the location on the lot where the change will take place.
Changes that never require approval:
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Landscaping using plants, stone soil, mulch or any natural material
may be undertaken anywhere on the property. |
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The use of railroad ties or similar material for edging purposes. |
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Installing mailboxes similar to those that are now in place throughout
the community. |
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The construction of open decks or patios in the rear yard. |
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Awnings over decks in the rear yard. |
- Changes that always
require approval:
| The installation of any type of fence anywhere on the property. In 1982,
the Board voted to no longer approve fences in the front yard. |
| The painting of the exterior of the house any color other than the
original. |
| The addition of siding (aluminum. vinyl, etc) to the exterior of the
house whether the same color as the original or not. |
| Attaching to the roof of the house any antenna that extends more than
5 feet above the highest elevation on the house. |
| Construction of an out building such as, but not limited to, a storage
shed, a dog house, a green house, or a play house. |
| Adding screened porches, greenhouses, additional rooms, or garage. |
| Altering or moving any exterior wall. |
| Adding, deleting, or altering a window or door. |
| Addition of a basketball backboard. (See article 6) |
- Changes that may require approval depending on location on Lot:
Basically, any change in the rear yard of the lot does not require
Architectural Control Committee approval except those changes noted above that
always require
approval. Likewise, any change in the front yard requires Architectural
Control Committee approval
except for those changes noted which never require approval.
- Definitions of "front yard" and "rear yard"
When reviewing requests for changes to property, the
Architectural Control Committee will, in part,
base its consideration for approval or non approval on the following
definitions of "Front Yard", and "Rear Yard".
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The REAR YARD is bounded by the property lines and by a line or lines
passing through the center point of the house and parallel to the street
or streets bounding the property. The part of the lot so bounded and
away (with respect to the front door) from the street on which the house
is located is defined as the REAR YARD.
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The FRONT YARD is the remainder of the lot.
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The front and rear yards include the exterior surfaces of the house
that lie in those areas. Thus such changes as awnings added to the front
windows or basketball backboards added to the fronts of garages must
have approval.
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Basketball backboards attached to poles located in the front yard will
not be approved. Requests for approval of such backboards attached to
poles and located in the rear yard will be considered by the Architectural
Control Committee. |
See the above figure for sketches of various lot situations. Note that some
positioning of houses on lots together with some lot configurations put
one homeowner's rear yard adjacent with another's front yard. Also, the
above definition of rear yard may be too restrictive for intended changes
to property, primarily for changes to corner lots. For such cases, the
homeowner may request in writing, approval of a redefinition of his rear
yard. Such request must include a sketch of the homeowner's redefinition,
must state the reason for a redefinition, and should be submitted to the
Architectural Control Committee for action on the same basis as normal requests for changes to
property.
- Procedure for submitting requests
- Requests for approval for changes to property that
require Architectural Control Committee approval as well as approval for redefinition of "REAR YARD"
and "FRONT YARD" can be submitted to any
Architectural Control Committee member.
- Requests must include a sketch of the property showing the location on
the lot of the change and a sketch or description of the change with
sufficient detail to communicate its essence.
- When proposing a change in color of paint for the exterior of the house,
paint chips are to accompany the request. When proposing to add siding,
a sample of the siding must be available for the committee's inspection.
- Any request must include the homeowner's name, address, number, and
telephone number.
- The Architectural Control Committee will attempt to complete action on a request within 10 to 15 days
following its receipt. If the homeowner is not notified of the action
taken by the committee within 30 days after receipt of the request,
the request is assumed approved. Here, it is advisable that the homeowner
check with a member of the committee sometime before the 30-day period
has expired to assure that the request is, in fact, in the hands of the
committee. To avoid any misunderstanding, the homeowner is urged to
deliver his request to an Architectural Control Committee member only. Delivery to the
Architectural Control Committee via a
third party may only serve to delay the process. Time is reckoned from
the date of receipt of a request by a member of the committee.
- The homeowner may appeal a "Disapproval as Submitted" by the
Architectural Control Committee to the Board of Directors of the
Clark's Crossing Homes Association.
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