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LAKEVILLE COMMUNITY ASSOCIATION, INC.
ARCHITECTURAL REVIEW COMMITTEE
GUIDELINES
ARCHITECTURAL REVIEW COMMITTEE
GUIDELINES
The Architectural Review Committee ("ARC") was created to enhance property values by requiring
conformity to certain standards of construction, visual appeal, uniformity and design. The Covenants, Conditions and Restrictions ("CC&Rs") provide that "no building, fence, wall, structure, improvement, exterior appurtenance, or exterior corporeal hereditament, except landscaping (landscaping defined as "living plants, trees, shrubs, flowers, etc., and utilization of non-living material necessary for growth, i.e., bark mulch, etc. Trellises, window boxes, arbors, and permanent brick borders must have ARC approval. Landscape timbers and bricks without mortar do not need ARC approval unless they exceed a height of one (1) foot) shall be commenced, erected, placed, or altered on any Lot, nor shall any exterior addition to or change or alteration, other than landscaping, be made to the Lot, improvements, appurtenances, or corporeal hereditaments until the construction plans and specifications describing the nature, kind, shape, height, materials and a plot plan showing the location of same, have been approved in writing."
It is the general purpose of the ARC to approve or disapprove applications made to it for
proposed alterations, additions or changes to be made to the exterior of the house and/or lot itself. Landscaping does not: require ARC approval unless the configuration of the ground changes (i.e., berms, fill dirt, etc.).
These Guidelines pertain to Lakeville, Sections 1, 2, 3, 4, 5, 6 and 7, according to the maps or plats
thereof, recorded in the Map Records of Harris County, Texas, under Clerk's File Nos. W342426, X127301, X127305, X465083, X919869, Y610702, Y642488, respectively, along with any amendments, supplements, replats and annexations.
Procedure
A "Request for Home Improvement Approval Form/ACC Application" must be completed in its entirety and mailed to the address indicated on the form. All pertinent information such as plans, specifications, building permits, locations of the proposed improvements must be indicated on a copy of the survey, etc. and all of these items should be included with the application.
The architectural review forms are available from your management company. The ARC cannot respond to verbal requests for approval -- all applications must be made in writing.
The ARC has forty (45) days from the date of receipt of an application in which to respond. If additional information is required by the ARC, the application process will be extended accordingly. Plans for the implementation of the proposed improvement(s) should allow for the time required to complete the approval process. No construction should begin prior to the approval. You may be required to remove said improvements.
If an application is not approved, the ARC will state in their letter why such approval was denied and what type of application changes, if any, would alter that decision. If an applicant wishes to discuss or appeal a decision made by the ARC, the Designated Representative should be contacted in writing.
The following are guidelines adopted by the ARC to specify their standards, requirements and thought processes used in evaluating an application. The guidelines may be amended from time to time as the circumstances, conditions or opinions of the ARC dictate. It should be noted that each application is considered on its own merit and that the ARC may grant a variance from these guidelines and/or from certain provisions of the CC&Rs. The ARC has the right to deviate approval for a similar improvement based on the proximity of a property to a main boulevard on the visual relativity of the site to the overall development. As an example, a home located on the perimeter of the development may be permitted to have a certain styled storage building, whereas on a main entry boulevard and depending on the configuration of the lot, this same item may not be approved. The intent being to maintain overall integrity within areas of higher visual impact.
It should also be noted that ARC approval is required prior to the installation or construction of the improvement or change. If an improvement is made without ARC approval, the Board of Directors has the legal right to enforce its removal.
1.1 An "outbuilding" is defined as any structure which is not attached to the main structure. This definition does not include bonafide additions to the main residences or garages wherein an actual opening to the main structure exists, but does include storage sheds, green houses gazebos, and playhouse/forts.
1.2 The ARC will consider the following:
a. The colors should match/blend with the predominant exterior colors of the main residence.
b. Materials should match those of the main residence in both size and color. Metal storage buildings will not be approved.
c. It should have a peaked roof, no higher than eight feet (8') from the ground to the highest point, and a maximum of 10' x 12' floor space. Structure must be placed and maintained a minimum of three feet (3') off rear property line and distance from side fence will be determined based on visibility from the street in front of the lot. At no time, however, will that distance from side fence be less than three feet (3'), regardless of visibility. Location must also be far enough away from fence to allow for drainage to occur entirely on the owner's lot.
d. Storage building placed on a concrete slab on top of a utility easement will require letters of Consent to Encroach, as it will not be considered portable. If a storage building is not on the utility easement, but on a slab, and can be moved, the ARC will consider it as portable.
e. No storage building can be built up against any side or rear wall ofa home unless its maximum height is less than six feet (6') and it is not visible above the fence. It must also comply with all the other requirements for proper construction, size and location.
f. If under six feet (6'), storage structure may be placed m side yard, provided three-foot (3') minimum setbacks are observed.
g. Playhouse must be no higher than nine feet (9) maximum. It shall also be placed so as not to be visible from the fronting street.
h. Gazebo - Freestanding - Must be at least six feet (6') away from house. Must review on a case-by-case basis with a maximum height at peak of eleven feet (11') and must be three feet (3') off side and back fence.
2.1 The basketball goal backboard, net and post must be maintained in excellent condition at all times.
2.2 If the backboard is mounted onto the roof by use of a small, triangular mounting structure, the mounting structure must be painted to match the shingle color.
2.3 Rims must be no more than ten feet (1O') in height.
2.4 Backboard must be regulation size and color.
2.5 Must be mounted on garage or placed on the side of driveway, recognizing a
setback of a minimum to correspond with building line.
2.6 If any complaints are received within six (6) months after installation, the basketball goal will be subject to immediate removal at the request of the ARC.
2.7 Backstop screening devices are not permitted whether free standing or attached to fencing.
3.1 Should be constructed of materials which complement the main structure.
3.2 Prefab covers made of aluminum may be approved providing they are of an earth tone color - unfinished aluminum will not receive ARC approval. All metal must be painted and certain structures using fiberglass roofing and wood frame may be allowed to go unpainted provided treated wood is used.
3.3 If attached to house, must be integrated into existing roof line (flush with eaves), and if it is to be shingled, shingles must match roof. Entire patio cover and posts should be trimmed out to match house. Supports must be painted wooden, treated wood or metal columns. No pipe is allowed.
3.4 At no time, however, shall a shingled roof be allowed with an unpainted frame. Frame will have to be painted to match trim of house whether treated or untreated wood is used.
3.5 Patio construction materials are as follows:
a. Painted aluminum (to match trim of house)
b. Painted wood (to match trim of house)
c. Natural pressure treated wood such as cedar, fir, redwood may be used. Treated pine must be painted or stained.
d. Fiberglass is acceptable, and earth tone colors such as tan, brown, beige, clear may be used. No green or yellow is allowed. Edges of fiberglass must not be visible from surrounding properties or from any street. General Note: All patio cover material, i.e., fiberglass, corrugated aluminum, metal, wood, lattice, must be completely framed in so that no raw edges of material are visible.
e. If canvas is used as roofing material on a patio cover, it must be an earth tone color and the structure must be located where it is not visible from the street. Also, the canvas must be kept in quality condition or its removal will be requested by the HOA. No greens allowed for residential use. Commercial use allows the use of green.
3.6 Patio covers may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment.
3.7 Patio covers must be situated on the lot to provide drainage solely into the owner's lot. If a proposed patio cover location is less than five feet (5') away from side lot line, the ARC will require that it be guttered with downspouts, it if is to be a solid cover.
4.1 Exterior materials and colors should match the house as much as possible.
4.2 Detailed plans must be submitted to the ARC.
4.3 Room additions may not encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment.
4.4 On an individual basis. Size and shape will depend on architectural style and layout of home, size of lot, and how well room addition integrates with existing home. Addition of a storage area will not qualify as a bonafide room addition and will not be permitted. Plans for room addition must show a room of reasonable size to constitute a legitimate request for a room addition. Roof of addition must integrate with existing roof line so as to appear to have been part of the original home. The addition must be opened to the main structure and be serviced by central heat/AC and electrical. All such improvements must be designed to building code standards. Room additions may be denied for other reasons, i.e., structural integrity, architectural suitability, etc.
4.5 Building permits as required by the applicable municipality (city, county, etc.) must be submitted with the "Request for Home improvement Approval" form. In some instances, the ARC will grant approval with the provision that a copy of the permit must be received by the ARC within thirty (30) days of the approval letter.
5.1 Exterior paint colors shall be approved by ARC prior to painting.
5.2 Conforming earth tone blend colors will be considered. The color of neighboring homes will be taken into consideration, along with the applicant's house brick features.
6.0 Storm Windows and Storm/Screen Doors/Solar Screens
6.1 Providing the frames of these are of a color compatible with the exterior house colors, storm windows and storm or screen doors should receive ARC approval.
7.1 Decks may not encroach into any utility easement unless the utility companies
involved have granted their written consent to such encroachment.
7.2 Decks should not be situated on the lot so that they may pose a problem to the effective drainage of the lot or neighboring lot.
7.3 Decks cannot be higher than 18" above grade.
7.4 Paint or stain should match or compliment the house.
8.0 Swimming Pools and Spas
8.1 No swimming pool, spa, lap pool, hot tub, spa or similar amenities ("Pools") may be constructed on any Lot without the prior written approval of the ARC.
8.2 The location of any Pool shall conform to all setbacks as shown on the recorded Plat.
A drainage plan shall accompany the plans and specifications submitted to the ARC for approval of the Pool.
8.3 Pools shall be maintained in a clean, attractive and healthful manner.
8.4 No pool or spa of any type may encroach into any utility easement unless the utility companies involved have granted their written consent to such encroachment. Pool decking which extends into an easement also requires a consent agreement. Consents must be received prior to approval.
8.5 No above-ground swimming pool shall be located nearer than 4 feet from any residential dwelling, fence or garage and shall be located entirely on Owner's Lot.
9.0 Satellite Dishes/ Antennas
9.1 Shall not be visible from the fronting street or any side street and shall be as least visible from public view as possible, while remaining capable of receiving/transmitting signal. ARC approval is required prior to installation of any satellite dish, antenna or similar equipment for transmission or reception of signal.
10.1 No fence shall be made of chain link or wire.
10.2 No fence may extend beyond the front wall of the residential dwelling.
10.3 No fence shall be modified, constructed or replaced on a Lot without the advance written permission of the ARC, as to color, location, materials, size and aesthetics.
10.4 All materials used in the construction, maintenance or replacement of any fence shall be of visually compatible with the materials used to construct the original fence, to preserve uniformity of fence materials.
10.5 The original fence on or between any Lot(s) establishes the required location of the fence; replacement or modification of any fence shall be located at the same location as the original fence.
10.6 No fence shall be erected on any Lot which is taller than 8 feet in height.
10.7 Fence extensions and other modifications shall not be made unless an owner or both neighbors, if the subject fence acts as the dividing line between Lots, first receive(s) the written approval of the ARC prior to any extension or modification.
10.8 If both neighbors do not concur as to a proposed fence extension, the ARC will examine the effect the fence extension will have on both properties. If one party will suffer detrimentally from the extension (i.e., will totally enclose a bay window), the ARC has the right to reject the application.
10.9 Approved fences will be installed picket side out where visible from any street.
10.10 Replacement or repairs of fence must be made with similar materials and construction details as used in original fence.
10.11 Fencing shall be uniform throughout the development.
11.1 On front lawns of lots and on any portion of a lot visible from any street, there shall be no decorative apurtenances placed, such as sculptures, birdbaths, birdhouses, fountains, or other decorative embellishments, exceptions will be approved on a case by case basis.
11.2 Benches, burglar bars and gates will be reviewed on an individual basis.
11.3 House numbers may be placed on house or mailbox, but not any type of freestanding structure in front yard.
11.4 Security company signs must be less than one foot (l ') square in surface area.
12.1 Additional exterior lighting should not be of a wattage or lumen count which will affect neighboring homes.
12.2 Directional lights or floodlights must be aimed so as not to shine in the windows of neighboring homes.
12.3 Low voltage landscape lighting should receive ARC approval.
12.4 Security, mercury vapor, or fluorescent lights must be attached to the front of the house, preferably the garage. Mercury vapor, fluorescent, and sodium halite may be permitted in back as long as it in no way shines onto adjacent property.
12.5 Yard lights may be gas or electric. Single lamp only and maximum height of six feet( 6'). May be in front or back. Gas or electric lights must be black or brown, depending on color of house and determination of suitable color will be the decision of the ARC.
13.1 In subdivisions where communal mailbox are not in use, changes or improvements made to the property site mailbox will require ARC approval.
13.2 Replacement of the original pole with a wooden post should receive ARC approval. If the post is to be painted or stained, a paint sample must be included with the application. The ARC will consider the effect a painted or stained post will have on the street -- if the proposed color will not readily blend in with the surrounding materials, that portion of the application will be denied.
13.3 Bricked mailbox stands should receive approval providing the brick matches the house, the stand is appropriate in size and design, and will meet U.S. Post Office requirements. A specific sketch should be included with the application.
14.1 The wind turbines preferably should either be a color which will blend with the shingle color instead of unfinished aluminum, or be painted to match the shingle color.
14.2 Wind turbines shall not be visible from the fronting street.
15.1 Can only be installed on porch areas - no walkways, etc.
15.2 Earth tone colors acceptable.
15.3 Specifically no green or blue carpet.
15.4 Not visible from fronting street.
16.1 Acceptable provided they are in harmony with house.
16.2 Painted to match exterior trim.
17.1 Maximum preferred height is twelve feet (12).
17.2 Mounted on 2" post. Metal posts to be painted white, brown, or black.
17.3 Must be placed toward the middle of back yard and not visible from the fronting street.
18.1 Timbers, bricks, stone (use native Texas stone), flowerbed borders, landscape lights, trellises and sprinklers may be approved subject to ARC review.
18.2 Must compliment style and architecture of home and conform to color scheme of immediate neighborhood.
19.0 Swing Sets/Play Structures
19.1 Structure shall be approved by ARC.
19.2 Location will be considered for neighbors' privacy.
19.3 Metal tubing - type swing sets or play structures may not be visible from the fronting street.
19.4 If any complaints are received within six (6) months after installation, the structure will be subject to immediate removal at the request of the ARC.
19.5 All wood play structures that can be viewed from the fronting street are to be maintained in good condition. All canvas must be cleaned, or replaced if tom or soiled.
19.6 Heights above twelve (12') feet will be reviewed on an individual basis.
20.0 Driveway Extensions/Sidewalks
20.1 Reviewed on an individual basis.
20.2 No closer than three feet (3') to property line and must be parallel to curb. Driveway extensions can· extend no nearer to side property line than three feet (3) and five feet (5') in certain instances.
20.3 All sidewalks in the side yard must be no greater than 48" wide.
20.4 No painted surfaces allowed.
21.0 Garage Conversions, Carports, Detached Garages
21.1 Conversions are not permitted and all garages must be capable of housing a minimum of two (2) cars at all times with an operational garage door.
21.2 Carports are not permitted.
22.0 Window Air Conditioners
22.1 Must not be visible from street and must be below fence line.
23.0 Window Shades/Awnings
23.1 Canvas awnings will not be permitted to be installed on windows to reduce solar exposure unless they are on the back side of house on an interior lot and not visible at all from the street. On a comer lot or lot that backs onto a street, canvas awnings will not be permitted at all. When allowed, they must be earth tone colors, and must be kept in excellent condition at all times or will be subject to immediate removal upon notification by the HOA of their unacceptable condition.
23.2 Awnings will still be allowed for use on playhouses and patio covers, provided they also comply with aforementioned requirements for proper location and color.
23.3 Metal and wooden slat type shades may be allowed by the ARC if they are deemed necessary in reduction of solar exposure and installation on appropriate windows will be determined by the ARC. At no time, however, will they be allowed on windows on the fronts of the homes.
24.1 The roof of any building or other approved accessory building or structure situated on any lot shall be covered with standard composite shingles.
24.2 Color and style shall be approved by ARC prior to installation.
24.3 To the extent required by 202.011 of the Texas Property Code, Owners are entitled to install roof shingles designed primarily to be wind and/or hail resistant; shingles that provide heating and cooling efficiencies greater than those provided by customary composite shingles; and shingles that provide solar generation capabilities (collectively referred to as "Alternative Shingles"), subject to the following regulations:
a. The owner shall first apply to and receive written approval from the ACC prior to installation, alteration or modification of Alternative Shingles.
b. Alternative Shingles shall resemble the shingles commonly used on property in the Association.
c. Alternative Shingles shall be more durable than and of equal or superior quality than the shingles commonly used on property in the Association.
d. Alternative Shingles shall match the aesthetics of the property surrounding the owner's property.
25.1 Solar panels are permitted to the extent required by 202.010 of the Texas Property Code subject to the following regulations:
a. The owner shall first apply to and receive written approval from the Architectural Control Committee (herein referred to as the "ACC") prior to installation of any solar panels or other solar items (collectively "Solar Panels") permitted by 202.010.
b. Solar Panels shall be located in a fenced-in yard or patio OR on the roof of the house or other approved structure, not visible from the front of the structure, and in a location approved by the ACC (subject to any limitation imposed by 202.010).
c. Solar Panels shall be located entirely on the property of the owner erecting the Solar Panels and shall not be located on any other lot, property or common area.
d. When mounted on a structure, no Solar Panel may be higher or wider than the roofline of the structure it is mounted on.
e. When mounted on a structure, the top edge of all Solar Panels shall be parallel with the roofline and shall conform to the slope of the roofline.
f. If located in a fenced-in yard or patio, the Solar Panels shall be lower than the fence line of the yard or patio.
g. Solar Panels shall not cause an unreasonable or disproportionate visual impact on neighboring lots. If the Solar Panels would "substantially interfere with the use and enjoyment of land causing unreasonable discomfort or annoyance to persons of ordinary sensibilities" it will not be allowed unless all adjoining owner's give their written approval. The ACC will decide what is an unreasonable or disproportionate visual impact on neighboring lots and will inform the property owner of what changes must be made to correct any unreasonable or disproportionate visual impact.
h. Solar Panel frames, brackets, wires and pipes shall be a shade of silver, bronze or black.
26.0 Flags and Flag Poles
26.1 To the extent required by 202.012 of the Texas Property Code, Owners are entitled to display a United States Flag, a Texas State Flag, and a replica flag of any branch of the United States Armed Forces, ("Permitted Flags"), and to install a flag pole on their property for the purpose of displaying the Permitted Flags; subject to the following regulations:
a. The Owner shall first apply to and receive written approval from the ACC prior to installation of any flag pole.
b. United States Flags must be displayed m accordance with 4 U.S.C. Sections 5-10.
c. The Texas Flag must be displayed in accordance with Chapter 3100 of the Texas Government Code.
d. Only Permitted Flags may be displayed within the Association.
e. Permitted Flags shall be displayed from a pole attached to a structure OR from a free-standing pole. Permitted Flags may not be draped over or directly attached to structures. For example, a Permitted Flag may not be laid across a fence or stapled to a garage or entry door.
f. A flag pole attached to a structure shall be limited to one per lot, shall be no more than 6 feet long and shall be securely attached by a bracket with an angle of 30 to 45 degrees down from vertical. The flag pole shall be attached in such a matter as to not damage the structure. One attached flag pole is allowed on the front portion of a structure facing the street in a location approved by the ACC.
g. A flag pole, whether attached to a dwelling or freestanding, shall be constructed of permanent, long-lasting materials with a finish appropriate to the materials used in the construction of the flag pole and harmonious with the dwelling. Flag poles shall be commercially produced and not home-made.
h. The flag display and flag pole shall conform to all setbacks, easements, and zoning ordinances.
i. Flags and flag poles must be maintained in good condition; flags and poles that are deteriorating or represent an unsafe condition shall be repaired, replaced or removed.
j. Free-standing flag poles, are limited to one per lot, in a location approved by the ACC in writing, and shall not exceed 20 feet in height (including any ornamental cap). Free-standing flag poles shall be permanently installed in the ground according to the manufacturer's instructions.
k. Permitted Flags are limited in size to 3 feet tall by 5 feet wide.
l. Lighting may be installed to illuminate Permitted Flags if they will be displayed at night and if existing ambient lighting does not provide proper illumination. Flag lighting shall be:
1. approved in writing by the ACC prior to installation, and
2. shall be ground mounted in the vicinity of the flag, and
3. shall utilize a fixture that screens the bulb and directs light in the intended direction with minimal spillover, and
4. shall point towards the center of the flag and face the main structure on the property or to the center of the property if there is no structure, and
5. shall not provide illumination exceeding the equivalent of a 60 watt incandescent bulb.
m. Flag poles shall not generate unreasonable noise levels which would disturb the surrounding residents. In order to minimize noise all flag poles shall utilize vinyl or plastic snap hooks, shall utilize snap hook covers and may secure a rope around the flag pole with a flag pole clasp, or do whatever else is necessary to comply.
n. An owner can only place a flag pole or flag on his own property and no other lot, property or common area.
o. Flag poles are permitted solely for the purpose of displaying Permitted Flags. If a flag pole is not longer used on a daily basis it shall be removed by the Owner.
27.0 Religious Items at Entryways
27.1 Religious Items related to any faith that is motivated by an Owner's sincere religious belief or tradition, may be displayed or affixed to the entryway of a dwelling, as required by 202.018 of the Texas Property Code, subject to the following regulations:
a. The religious item cannot threaten public health or safety.
b. The religious item cannot violate any law.
c. The religious item cannot contain language, graphics or other display that is patently offensive to a passerby.
d. The religious item must be located on the entry door or entry door frame and cannot extend past the outer edge of the door frame of the dwelling.
f. The maximum space allotted to a religious item or combination of religious items shall be no more than 25 square inches.
g. The Association may remove any item that does not conform to these regulations.
28.0 Rainwater Recovery Barrels or Systems
28.1 Rainwater Recovery Barrels or Systems ("Barrels/System") shall be permitted to the extent required by 202.007(d), subject to the following regulations:
a. The Owner shall first apply to and receive written approval from the ACC prior to installation of any Barrels/System.
b. The Barrels/System must be of a color that is consistent with the color scheme of the owner's home.
c. The Barrels/System cannot be located between the front of the owner's home and an adjoining or adjacent street. (the front yard)
d. The Barrels/System must not display any language or other content that is not typically included on the item when it is manufactured.
e. The Association may regulate the size, type, materials and manner of
screening for Barrels/System that are visible from the street, another lot, or common area.
f. There must be sufficient area on the owner's property to install the Barrels/System, no Barrels/ System shall be located on or extend onto any property other than the owner's lot.
g. Other than gutters and downspouts conventionally attached to a dwelling or appurtenant structure, all components of the Barrels/ System, such as tanks, barrels, filters, pumps, motors, pressure tanks, pipes and hoses,
must be substantially screened from public view from any street or common are.
h. Screening may be accomplished by an approved solid fence, structure or vegetation; by burying the tanks/barrels; or by placing the equipment in an outbuilding approved by the ACC.
i. A rain barrel may be placed in a location visible from public view from any street or common area only if the configuration of the guttering
system on the structure precludes screening as described above, so long as:
1. the barrel does not exceed 55 gallons, and
2. the barrel is installed in close proximity to the structure on a level base with the guttering downspout leading directly to the barrel inlet at a substantially vertical angle, and
3. the barrel is fully painted in a single color to blend with the adjacent home or vegetation, and
4. any hoses attached to the barrel discharge must be neatly coiled and stored behind or beside the rain barrel in the least visible location when not in use.
j. Overflow lines from a System must not be directed onto or adversely affect adjacent properties or common areas.
k. Inlets, ports, vents and other openings must be sealed or protected with mesh to prevent children, animals and debris from entering the barrels, tanks or other storage devices. Open top storage containers are prohibited, however, where space allows and where appropriate as determined by the Association, ACC approved ponds may be used for water storage.
l. Harvested water must be used and is not allowed to become stagnant or a threat to health.
m. All systems shall be maintained in good repair. Unused systems should be drained and disconnected from the gutters. Any unused Systems in public view must be removed from public view of any street or common area.
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