Griers Fork Homeowners Association - Architectural Review

An Architectural Review Committee has been formed, but additional volunteers are welcome in case vacancies occur.

The Declaration prescribes the basic requirements and process, but the Architectural Review Committee and Board of Directors also has adopted the guidelines appearing below. Please submit all applications to Cedar Management Group. They also can answer questions and provide copies of application forms. You may contact them at 704-644-2429 or by e-mail at support@cedarmanagementgroup.com.

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STANDARDS AND GUIDELINES FOR THE INTERPRETATION OF THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR THE GRIERS FORK COMMUNITY
March 27, 2001

Pursuant to its authority under the Declaration of Covenants, Conditions, and Restrictions for the Griers Fork Community, the Board of Directors and Architectural Review Committee of the Griers Fork Homeowners Association hereby issue the following Standards and Guidelines for interpretation of that Declaration. These Standards and Guidelines are supplemental to the existing Declaration, and are not inclusive of all items upon which the Griers Fork Board of Directors or Architectural Review Committee may act. Decisions are made on a case-by-case basis, and although a change may have been approved for one homeowner in the past, this does not guarantee that similar changes will be approved for a different homeowner.

I. ARCHITECTURAL REVIEW: GENERAL GUIDELINES Construction of a structure or improvement on any lot in Griers Fork requires specific prior approval by the Architectural Review Committee, and will be approved or disapproved based on compliance with the Declarations, these Guidelines, and/or the aesthetic discretion of the Committee. Changes requiring approval include, but are not limited to, outbuildings, decks, patios or patio extensions, driveway or walkway additions, permanently installed basketball goals, exterior hot tubs or spas, fences, in-ground pools, walls, painting or siding replacement not of the same color or materials as the original construction, porches, roof extensions, and any other exterior remodeling or additions to an existing structure.

The following guidelines apply, in general, to all construction projects:

A. Application: A written application signed by the property owner containing a description of the planned project must be provided to the Architectural Review Committee. The application must be submitted on a Request for Architectural Approval form and contain the following information, as applicable:

Drawing or Diagram
Height
Roof Design and Material
Exterior Finish and Color
Location on the Lot or in Relation to the house
Estimated Start and Completion Dates
Dimensions/Size of structure
Quantity
Wall Material>
Utility (Electric, Water) extensions

B. Duration: Construction projects should be completed within 30 days of start date unless not feasible due to the magnitude of the project. (i.e., a garage addition or major addition to a house).

C. Utilities: Any utility additions must be underground and adhere to local codes for such utilities.

D. Permits and Building Codes: It is the property owners responsibility to make certain that exterior improvements comply with local zoning ordinances and building codes and to acquire appropriate permits, if applicable.

E. Cleanup: All construction materials and debris must be removed upon completion of the job. (Contact your sanitation company to schedule removal, if appropriate.)

II. OUTBUILDINGS Particular to the construction of outbuildings, the following guidelines apply:

A. Size: No greater than 10' x 10', unless approved by committee.

B. Height: Overall - no greater than 9'. Maximum side wall height is 6'.

C. Roof Design: "A Frame" and single pitch (shed) roofs that extend to the ground are not permitted.

D. Roof Materials: All outbuilding roofs must be constructed of shingles which match the house.

E. Quantity: No more than one outbuilding is permitted per lot.

F. Wall Material: Exterior walls should be constructed of either hardboard or vinyl siding to match the house. No particle board, standard plywood, cinder-block, or metal material is allowed.

G. Exterior Finish: All outbuildings must be trimmed and painted, in their entirety, in the same quality materials and colors of the house.

H. Utilities: Any utility facilities (electric, water, sewer, etc.) providing service to an outbuilding must be underground and adhere to standard building code for such facilities.

I. Location: Outbuildings are to be placed in the rear of a lot not to be visible from the right-of-way in front of the house and are subject to the following restrictions:

1. If an outbuilding is to be placed in the rear of a lot, the rear property line must be at least three (3) times larger than the outbuilding dimensions. For example, a 10' x 10' outbuilding placed in the rear of a lot, requires a minimum of 30' rear property line.

2. Outbuildings should be placed at least 5' from any property boundary as provided by zoning regulations, and should contain sufficient clearance around all sides to permit appropriate maintenance.

3. Outbuildings should not be placed adjacent to the property line along the street side of a corner lot.

III. DRIVEWAY AND WALKWAY ADDITIONS Particular to driveway and walkway additions, the following guidelines apply:

A. Material: Driveway and walkway additions must be constructed of concrete. Asphalt is not permitted.

B. Encroachment: A 2' minimum set-back should be maintained from all property lines not along public right-of-way. Situations not permitting this set-back will be reviewed on a case-by-case basis.

IV. BASKETBALL GOALS Particular to basketball goals mounted on poles placed in the ground, the following guidelines apply:

A. Material: Professional metal pole set in concrete with fiberglass or Plexiglas on backboard

B. Quantity: No more than one (1) basketball goal permitted on any lot.

C. Location: Must be located at least 15' from the road. Backboard may not be attached to the house. The goal must be oriented so that play occurs on the owners private property.

V. FENCES Particular to fences

A. Material and size

1. Perimeter fencing must be rail (split or horse style) or picket type no greater than 6 feet in height.

2. Perimeter picket fencing must:

a. Have at least 50% open surface area. (i.e. If pickets are 2 inches wide then spacing must be at least 2 inches wide.)

-or-

b. Have pickets with at least 50% open surface area, alternating on each side of the fence such that direct view is blocked (shadowbox style).

3. No chain link or metal fences in any form are permitted, except that 2 x 4 inch wire mesh may be installed inside an approved fence to contain pets.

4. Solid privacy fencing is permitted only around patios, decks, or pools.

5. Hedges may be considered fences and require review and approval. (See Section VI.)

6. Materials must be natural, painted, or stained wood or white vinyl. Paint or stain must look fresh.

B. Location.

1. The Request for Approval for any fencing placed on a property line must be signed by both property owners. Otherwise fence must be placed entirely within the property of the owner who requests approval.

2. Privacy fencing may not be placed any further than 15 feet from the wall of the pool or 15 feet from the outside perimeter of the patio or deck

3. Fences are also prohibited from extending beyond the rear facade of the building unless approved.

C. Orientation. Picket fencing must be constructed with the posts and other supports oriented toward the inside of the owners lot. Wire mesh may be placed only toward the inside of the owners lot.

VI. LANDSCAPING Significant landscaping that changes the character of the lot must be approved by the Architectural Review Committee. Significant landscaping is defined as follows:

A. Any changes that would lower or raise the ground level of any area on the lot by 1 foot or more,

B. Any changes that include the construction of terraces, walls, or other permanent structures,

C. Shrubs or other plants placed such that they may grow to form a hedge or similar barrier between the lot and adjacent lots or public right-of-way..

VII. SATELLITE DISHES Direct TV or other satellite dishes no greater than 18 in diameter must be placed where they are not visible from the street unless this placement would not permit reception of an acceptable quality signal. The Federal Telecommunications Act of 1996 limits restrictions that homeowners associations can place on satellite dishes.

VIII. EXTERIOR CHANGES NOT REQUIRING APPROVAL The following changes or additions may be made without prior approval of the Architectural Review Committee:

A. Basketball goals that are not attached to poles placed in the ground.

B. Landscaping except that meeting the definition in Section VI above. Specifically, the following do not require prior approval:

1. Planting or installation of shrubs, trees, grass, ground cover, or other plants, other than hedges.

2. Installation of decorative stone, gravel, or temporary edging.

3. Installation of lights no higher than 1 foot in height bordering driveways or walkways.

C. Storm doors that are aesthetically pleasing.

D. Dog houses that do not exceed 4'W x 4'D x 3'H. No more than one dog house is permitted on any lot.

E. Exterior painting, siding or trim replacement, or other exterior maintenance that is of the same color, style, and materials as the original construction.

F. Lattice or similar visual barriers installed around garbage cans and recycling bins. Barriers must not be higher or wider than necessary to adequately screen cans from view from the front of the house and must be placed on the side of the house adjacent to the garage or in the rear.

IX NOT PERMITTED The following are not permitted.

A. The construction, installation, erection, or maintenance of any television or radio pole, antenna, aerial, or satellite dishes inconsistent with federal law.

B. Above-ground pools, with the exception of "kiddie pools."

C. The installation of free-standing security lights in the front yard greater than 7 feet in height, and in the back yard, greater than 10 feet in height. This does not apply to builder installed standard eave mounted security lights.

X. GENERAL APPEARANCE RULES

A. The storage of unsightly materials of any kind behind a fence or perimeter hedge is prohibited if they are visible from the street or neighboring yards.

B. Mailboxes must be of black metal mounted on a black pole in a style consistent with those existing within the development.

C. The parking of boats, commercial vehicles, or recreational vehicles where they are visible from the street is prohibited. A commercial vehicle is defined as follows: A vehicle with permanent markings and/or attachments, delivery trucks or vans, special use trailers, or vehicles adapted to a business use. Vehicles with removable signs or attachments must remove said item in 1 hour from time vehicle is parked. Recreational vehicle will be defined as a vehicle with dimensions greater than H-102", W-80", and L-223".

D. Unsightly wrecked, unlicensed, or inoperable vehicles or similar items are not allowed outside an enclosed structure.

E. Residents are encouraged to park vehicles in their garages or driveways and avoid parking on streets. Parking on grass in street rights-of-way is not allowed.

F. Yard signs are prohibited, with the exception of For Rent or For Sale signs that do not exceed two feet by two feet in dimension. One commercial security system sign shall be permitted and one sticker as necessary per window.

G. Unsightly window treatments, such as bed sheets, are not permitted.

H. Weeds, vegetation, rubbish, debris, garbage, or waste materials accumulated or dumped on any lot or common area is prohibited. Compost piles are permitted if they are not visible from the front of the house unless they are rendered as unsanitary or offensive.

I. No decorative statues, birdbaths, fountains, ornaments, figurines, or any other decorative structures or items are permitted in the front or side yards of any lot.

J. Seasonal decorations should be removed within 30 days of the holiday period.

K. The following applies to garbage cans, recycling bins, and discarded items:

1. Garbage cans and other receptacles may be placed at the curb no sooner than dusk or 7:00 p.m. the day before scheduled pickup, and all receptacles must be off the curb, by 11:30 p.m. the day of pickup

2. Yard waste, large bulky items (such as mattresses or appliances), and other debris that is not collected as regular waste also should be placed at the curb no sooner than dusk or 7:00 p.m. the day before a scheduled pickup. Please call your sanitation company to schedule special pickups.

3. Except when placed out for pickup, garbage cans must be kept in a garage or enclosed structure or screened by adequate plantings or fencing so as to conceal them from view from the front of the house.

L. Firewood should be stored in an inconspicuous location that does not impose upon neighbors.

XI. PETS All pets should be kept under their owners control at all times and not be a nuisance to neighbors, in compliance with local animal ordinances. Please follow these courtesy guidelines:

A. All dogs should be leashed when off of the owner's property.

B. Owners are responsible for cleaning up any mess that a pet creates in the Common Areas, on public rights-of-way, or on any private property.

C. Owners are responsible for their animal's actions and are liable for any damages.

XII MAINTENANCE Homeowners are responsible for maintaining the exterior of their dwellings and any other structures on their lots, such as decks, fences, and outbuildings, as well as lawns and other landscaping.

A. The following situations represent some general conditions that would be considered violations:

1. Paint peeling or damage to exterior siding or trim of the house and/or garage.

2. Fences leaning or with broken, rotting, or missing parts.

3. Decks sagging or leaning or with broken or missing railings, decking, or in need of general repair.

4. Concrete in need of resurfacing or repair.

5. Soil erosion or blocked storm drains that may cause erosion problems. Any landscaping change that hinders the natural drainage from adjoining properties.

6 Grass and weeds over 6 inches.

7. Permanently installed basketball goals that are leaning or otherwise no longer secured in the ground or have rims or other parts missing.

B. If an owner fails to maintain his or her property the association may enter the property and make repairs or other maintenance. Costs will be added to the assessment for the property.

XIII. RIGHTS-OF-WAY Road rights-of-way generally span 50 feet on through roads and 40 feet on cul-de-sacs. Property lines of individual lots begin where road right-of-way ends, and generally is located approximately 8 to 12 feet behind the back of curb. Although not part of the lot, the strip of land in the right-of-way between the property line and the curb is generally considered part of the yard and is the property owners responsibility to maintain.

XIV. ARCHITECTURAL REVIEW PROCEDURE Property owners must submit a Request for Architectural Approval form and receive approval from the Architectural Review Committee before beginning construction on any exterior improvement for which approval is required as described in these Guidelines. Steps in the Architectural Review process are as follows:

A. The property owner submits a Request for Architectural Approval form including information described in Section I.A. of these guidelines to the following address:

Griers Fork Architectural Review Committee
c/o Cedar Management Group
PO Box 26844
Charlotte, NC 28221

or by fax to Cedar Management at (704) 509-2429

B. Cedar Management will forward the request to the Architectural Review Committee. Within 30 days, the owner will receive either

1. A rejection because the application was not made on the required form, because of insufficient information, or because the change is inconsistent with the Declaration, Guidelines, or the aesthetic character of the community. Failure to submit a completed form and submit all information may delay the approval process. The response will specify the reasons for rejection. The owner may reapply, providing missing information or revising the plans to make them acceptable to the Committee.

2. An approval. The application must be signed by a majority of the members of the Architectural Review Committee, or if a Committee has not been formed, by a majority of the members of the Board of Directors.

C. If the owner does not receive a response within 30 days of submission, and the application for change is consistent with the Declaration and Guidelines, the application will be considered approved. The 30 day review period begins when Cedar Management receives a completed request form with attachments.

D. A project started prior to obtaining architectural approval is a violation of the Declaration and may result in a daily fine of up to $150 (please see XV. REMEDIES for additional information).

XV. REMEDIES

A. In instances when an alleged violation or a maintenance problem goes uncorrected, the owner will be notified in writing of the problem.

B. Pursuant to North Carolina General Statute 47F-3-107.1, if the violation or problem is not corrected within the specified time period given in the notice, a hearing will be held with the owner to present his case, then to determine if the problem is a violation and whether a fine (up to $150 per day after a violation has been determined by the Board of Directors or an adjudication panel) or other action permitted by the aforesaid statute should be imposed. If an owner fails to appear for a hearing, then the Board and/or adjudicator panel will proceed to make a determination based on the evidence before it.

C. If an owner fails to remove trash or other unsightly objects, or if an owner fails to maintain his or her lot, buildings, or other improvements in an acceptable manner, the Declaration allows the Board of Directors to enter the lot and remove the objects or perform necessary maintenance. The owner is responsible for any costs, which will be added to the assessment for the lot.

XVI. AUTHORITY Refer to the Declaration of Covenants, Conditions, and Restrictions for Griers Fork for further information on the powers and responsibilities of the Association. If any inconsistencies exist between the Declaration and these Guidelines, the Declaration shall have precedence.

These Guidelines were approved by the Architectural Review Committee on March 26, 2001 and were approved and made effective by the Board of Directors on March 27, 2001.

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An Open Letter

Dear Residents:

It has been very encouraging to see so many requests for architectural review this year. The fact that homeowners in our community are investing time and money into their property benefits the entire neighborhood. It is also nice to see that most of the requests being submitted are well thought out and within the established guidelines.

Unfortunately, there have been some improvements made by homeowners without prior approval by the Architectural Review Committee (ARC). Residents must remember that getting approval for additions such as fences, decks and outbuildings not only protects all of our property values, but also protects the homeowner from possibly having to remove the structures. At this time, the ARC does not want to force homeowners to remove anything that has not been submitted and approved, but please be advised that we do have the authority to do so.

If you have made any property improvements without submittal to the ARC (see the guidelines on the Architectural Review page), you may get these changes approved after the fact, providing they are within the guidelines. The homeowner must submit the changes in the normal manner and note that the structures have already been built. This is a courtesy being extended by the ARC and could be withdrawn at any time. Thus, any homeowner who builds a structure without ARC approval is taking the enormous risk of having to remove it, even if it falls within the guidelines.

Please remember that the ARC is in place to promote, not deter, property improvements. The committee consists of five members who are also residents of Griers Fork. Our goal is to make sure property owners rights are honored, while also protecting the value and quality of our community.

Sincerely,

Architectural Review Committee
Griers Fork Homeowners Association
6/26/2001

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