Guidelines for Requesting Changes to Property

(Revised April 1982)

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1)  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.

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2)  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.

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3)  Changes that never require approval:

• Landscaping using plants, stone soil, mulch or any natural material may be undertaken anywhere on the property.

• The use of railroad ties or similar material for edging purposes. 

• Installing mailboxes similar to those that are now in place throughout the community.

• The construction of open decks or patios in the rear yard. 

• Awnings over decks in the rear yard.
   

4)  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)
   

5)  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.

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6)  Definitions of "front yard" and "rear yard"

When review ing requests for changes to property, the Architectural Control Committee w ill, in part, base its consideration for approval or non approval on the follow ing definitions of "Front Yard", and "Rear Yard".

• 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 aw ay (w ith respect to the front door) from the street on w hich the house is located is defined as the REAR YARD.
• The FRONT YARD is the remainder of the lot. The front and rear yards include the exterior surfaces of the house that lie in those areas. Thus such changes as aw nings added to the front w indow s or basketball backboards added to the fronts of garages must have approval.
• Basketball backboards attached to poles located in the front yard w ill not be approved. Requests for approval of such backboards attached to poles and located in the rear yard w ill 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 w ith some lot configurations put one homeow ner's rear yard adjacent w ith 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 homeow ner may request in w riting, approval of a redefinition of his rear yard. Such request must include a sketch of the homeow ner'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.

7)      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.