Art. VI, Sec. 3 (j) - p.53  

“All landscaping and screening shall be Maintained in good condition...”

“Good condition” shall be considered as follows:

•  The height of the fir trees in front of homes shall not exceed the bottom of the second story window. Homes with a second story bay window, shall not exceed the middle of the bay window.

• Overgrown bushes, fir trees, plantings are not permitted. Pruning and weeding is the responsibility of the homeowner. Except for the condos, maintenance of the landscaping at individual homes is the responsibility of the homeowner.

• House numbers are to be visible from the sidewalk or street in front or back.

•  Vines and weeds are not permitted on the property.

• Decorative garden lights or security lights are not permitted outside of the mulch/rock beds.

• Hoses are to be stored when not in use.  Soaker hoses in constant use must be buried and not visible.

• Planters must be maintained.  Planters with dead or dying plants, or that are completely empty, are not permitted.

•  Dead plantings or trees within homeowners’ property lines must be replaced and failure to do so may result in HOA replacement at the homeowner’s expense.

• Each owner shall be responsible for watering the landscaping/ shrubbery/ bushes/ and trees located within the front, side, and rear yards of this lot and any portions of the front, side, and rear yards located within the public space adjacent to the lot (Article VI, Section 3, paragraph (v) of the CC&R’s).

Art. VI, Sec. 3 (q) - p.54

“The removal of any railings, decorative trellises or other perimeter barriers installed by the Declarant shall be strictly prohibited, except for repairs or replacements with improvements of the same type and of the same functional and physical appearance, In addition, no umbrellas, furniture, landscaping, trees, sculpture, artwork, flags or banners exceeding 42 inches in height may be placed on the rooftop terraces, balconies, patios, porches or decks, and no such items shall be visible from the public or private streets or alleyways or from Master Common Area Parcels adjacent to the Lot.

All planters, trees and shrubbery to be placed upon any rooftop terrace, balcony, patio, porch or deck shall be subject to the approval of the Architectural Review Board.

Furthermore, in no event shall any decorative lights be placed on rooftops or rooftop terraces, balcony, patio, porch or deck or on the exterior of the Living Unit above the first floor level, which can be viewed from the roadway, alleyway or any property adjacent to the Property.”

There are no exceptions for this in the CC&Rs. However, the Architectural Review Committee will exercise flexibility regarding the following items below, while the liability of such variations falls to the homeowner.

• Umbrellas and furniture exceeding 42 inches in height on decks may be permissible. Umbrellas are to be closed, secured, and/or taken down when not in use to avoid becoming airborne during storms with high winds.

• Homeowners will be liable for any damage caused by loose/unsecured items from their property.

• Plants and shrubbery shorter than 42 inches are presumed to be acceptable and do not require an application when placed on decks/balconies.

• Flags representing nationality, promoting peace, or sports teams are permitted. (Please observe the US Flag Code when flying the national flag of the United States.) All flags must be in good repair.

The shade of beige in color is preferred. No wind sensor is necessary. Sunsetter has been a popular brand based on applications to the ARC. An installation application is required. See "Alteration" section below.

Homeowners wishing to alter the existing color front doors and shutters are required to choose from one of original color palette options. (November 2022 Color Palette Policy.)  An alteration application is NOT required. 

The color of the front and deck doors must be the same as the shutters or the front door trim color. An installation application is required. See "Alteration" section below.

All homes can install railings for steps without any as they are the same type as installed in the rest of the community. An installation application is NOT required. 

Must be placed on the roof in the rear of the property (See Art. VI, Sec. 3 (i) - p.52). An alteration application is NOT required.

(Art. VI, Sec. 3 (k) – p.53)

“Except for sales/marketing signs posted at the Property in connection with the Declarant’s [Ryan Homes] sales activities, entrance signs, directional signs, signs for traffic control or safety, and except for “No Parking,” “Handicapped Parking,” and “No Loitering” signs, and except as expressly permitted under Article VI, Section 1(a) hereof, no signs of any character shall be erected, posted, or displayed in a location that is visible from another Lot or Living Unit... No sales/marketing signs for the resale of a Living Unit shall exceed two (2) feet in width or two (2) feet in height, and such signs shall be posted only on Saturdays and Sundays. Such temporary real estate sales/marketing signs shall be removed promptly following the sale or rental of such Living Unit.”

In Summary, as per the CC&Rs:

• Real Estate FOR SALE/FOR RENT signs are not permitted, except for open house signs on weekends. Real Estate signs that are placed inside windows are permitted at any time. Any signs currently installed on properties must be removed.

• In general, any type of signage is not permitted on the exterior of any home. This includes:

  • • Placement of “Private Property” and “No Soliciting."

    • Political signs.

    • Signage on front doors, storm doors, grass, or garden beds.

Instead, homeowners are encouraged to place any signage in their first floor window(s). As for security signage, (e.g. Guardian, Vivant, ADT, etc.) that already exist in a majority of homeowner’s yards, the Board of Directors has granted their placement to promote community safety as long as they are located within garden beds to prevent interference with lawn mowing.

“All trash containers, recycle containers and other refuse disposal systems must be maintained inside the garage of the Living Unit…and shall not be permitted to remain in public view from another lot, except on days of trash collection.”  Art. VI, Sec. 2 (g) – p.51-52  

There are no exceptions for this in the CC&Rs.  The purpose of this regulation is 3 fold:

• Maintain the day-to-day aesthetics of the community.  Having trash and recycling bins left out on a daily basis does not preserve the positive aesthetics of the community at large and does not cast a favorable view upon our community amongst visitors, passersby, and potential homeowners.

• To ensure the bins remain secure.  Example: windstorms are a common occurrence and the alleys behind the townhomes create wind tunnels.  Bins are regularly knocked over and trash/recycling spreads through the community.

• Public health and safety.  With bins being stored outside, it provides more opportunities for insects, rodents, and other animals to access the contents.  Many of the community bins have seen better days and have points at which critters can enter, even with the lid closed.  Fort Lincoln is becoming a more bustling community, and rats and other pests will follow.  

With this in mind, the Architectural Review Committee (ARC) also understands that it may be difficult to store garbage and recycling bins in your garage due to either lack of space in the garage, size of the bins, or a combination of both.  It is also understood that due to schedules, bins may need to be placed outside the evening prior to pick-up.  The ARC has therefore developed the following exceptions to the rule:

• If there is no space in a garage for the bins, the bins can be stored outside the garage but must meet the following criteria:

• The bins MUST be stored as close to the garage/home as possible.

• The bins MUST be secure both in terms of not being susceptible to high winds, and the lids must also remain closed.

• The bins MUST be in good repair.

• Smaller bins may be purchased to replace the larger bins.

• Replacement bins MUST be approved by the ARC.  

• Trash and recycling bins may be placed outside/end of the driveway the evening before pick-up.

• At this time the ARC has not opted to place a specific time at which early placement becomes acceptable.  Please do not abuse this exception. If abuse of privileges is observed, time restrictions may be implemented.

• When placing waste containers early, please be very cognizant of the forecast.  If high winds are predicted for that evening, DO NOT leave your cans unsecured.

Any external bin storage that falls outside of the above parameters MUST be submitted to the ARC for approval.