The FOXLEE HOA is committed to its members and we respect the desire or need for homeowners to make changes to their property while at the same time protect the needs of the overall community. This balance helps maintain property values, harmony within the community, and a welcome appearance to our neighborhood. The Architectural Control Committee provides the framework for homeowners to follow and submit plans that meet all of these needs.
FOXLEE ARCHITECURAL CONTROL COMMITTEE
AUTHORITY
Article VI of the FOXLEE Deed of Dedication and Declaration of Covenants, conditions and restrictions states: No building, fence, wall, antenna, swimming pool or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration, including trees, shrubs, grass, flowerbeds, walks, signs, light fixtures, etc., thereon be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representative appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. SEE Articles VI, VII, and VIII of our Coveneants below for listing of specific restrictions.
FOXLEE ARCHITECURAL CONTROL COMMITTEE
The Architectural Control Committee (ACC) is charged with the duty of preserving the aesthetic qualities of the community. These rules define the general area and nature of the Committee’s responsibility.
The accompanying guidelines are for the use of the ACC and the Board of Directors (BOD) to assist homeowners in submitting their proposals for consideration. Appropriate means will be taken to notify all homeowners in the event of any modification or change in these guidelines. The guidelines are intended to supplement, not replace, the covenants and restrictions.
GUIDELINES
I. General Requirements
A. Background Information
1. The ACC will be composed of at least three voting members. A member of the Board will serve as a nonvoting member of the ACC.
2. At least three members of the Committee will personally visit each lot to review the submittal.
3. To conform to the rules, each proposal must be specifically approved by the Committee even though the improvement conforms to those guidelines.
4. The ACC will consider only written requests as hereinafter outlined. Oral request will not be considered. A model Request for Review Form follows these guidelines.
5. If a proposal is rejected, the applicant is free to request that the ACC reconsider its position and is encouraged to present new or demonstrate its acceptability. Final appeal may be made to the BOD, which must act within 14 days.
6. The ACC will answer a request as promptly as possible. If the ACC fails to reply to the application within the time limit specified by the legal documentation (30 days) then the request is considered to have been approved.
B. Application Procedure
1. A letter describing the proposed improvement should be sent to the President of the BOD.
2. The description of the project should include all information necessary for the Committee to take action. Necessary data would include the height, width, length, size, shape and location of the proposed improvement in relation to existing structures. Photographs or sketches of similar completed projects would aid in the ACC consideration. If the alteration affects the existing drainage pattern, the proposed drainage pattern should be included.
II. Specific Project Requirements
A. General
1. Any additional to an existing building, any exterior alteration, modification or change to an existing building or any new detached structure must have the approval of the ACC before any work is undertaken. Examples of such projects include a deck, greenhouse, storage shed, fireplace, awnings, etc.
2. Any additions, exterior alteration, modification or change to an existing building shall be compatible with the design character of the original building. Any new detached structure shall be compatible with the parent structure.
B. Material and Color
1. Only the exterior materials existing on the parent structure or compatible with the architectural design character of the community will be approved.
2. Exterior color changes will be approved only if the proposed color is in harmony with the other existing homes in the community or if the color is similar to the colors originally employed in the community.
3. In general, only those areas that are painted may be repainted; only those areas that are stained may be re-stained.
C. Fences and Screens
1. Any fence or screen must have the approval of the ACC before installation is undertaken, with the exception of decorative fences less than 16 inches in height.
2. No fence or screen will be approved if its installation will obstruct sight lines for vehicular traffic.
3. Every effort will be made by the AA to keep all fencing or screening as harmonious as possible with the architectural character of the community.
4. No fences will be constructed further forward than the two back corners of the house unless specifically approved by the ACC. In no case should any fence constructed further forward than the back corners or the house be higher than 4 feet, as building lines permit. No fences will be constructed beyond the front corners of the house.
5. No wood fences will exceed 6 feet in height; no chain link will be over 43 inches in height.
6. Chain link fences may be approved with the following restrictions; sides of fence facing streets will be fronted with an approved screening. e.g., wood, shrubs, etc.
7. Decorative fences in front of the home will be subject to ACC approval and will not exceed 4 feet in height.
8. Wood fencing or screening will be approved if the design is in general conformity with the architectural design of the community.
9. All fencing or screening should preferably have finished materials on both sides. If only one side has finished materials, this must face the public side of the individual lot.
D. Landscaping and Planting
1. Landscaping work and planting in general do not require the approval of the ACC.
2. Trees, hedges and shrubs which restrict sight lines for vehicular traffic shall be cut back or removed.
3. Shrubs which by natural growth become hedges shall be treated as fences.
E. Exterior Antennas
1. Television antennas have to be approved. They should be mounted as inconspicuously as possible. Preferably on a gable and/or chimney.
2. Exterior antennas of any other type are discouraged. Single dipole ground plane antennas mounted on a T.V. antenna-type mast may be approved. Beam type directional antennas, other than television antennas and/or tower-type masts will not be approved.
3. Height restriction on antennas will be 20 feet above the existing structure on which it is mounted.
F. Miscellaneous
1. Storage sheds should be inconspicuously located, leveled and firmly anchored.
2. Exterior lighting shall not be directed in such a manner as to create annoyance to the neighbors.
G. County Building and Work Permits
1. Approval of any project by the ACC does not waive the necessity of obtaining the required county permits.
2. Obtaining a county permit does not waive the need for ACC approval.
3. The ACC will not knowingly approve a project which is in violation of the county building or zoning codes.
DEED OF DEDICATION AND DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
Article VI
ARCHITECTURAL CONTROL
No building, fence, wall, antenna, swimming pool or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration, including trees, shrubs, grass, flowerbeds, walks, signs, light fixtures, etc., thereon be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representative appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
Article VII
EXTERIOR MAINTENANCE
In addition to maintenance upon the Common Area and maintenance of Public Easements as required prior to the subjecting of the Properties to this Declaration, or as may subsequently be established, the Association may provide more extensive maintenance of exterior improvements upon each lot by assent of two-thirds (2/3) of the votes of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days not more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.
In the event that the need for maintenance or repair is caused through the willful or negligent act of the Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to which such Lot is subject.
Each owner shall permit the Association’s officers, directors, agents and employees to enter upon the Owner’s premises, at reasonable times and upon reasonable notice, to maintain the Common Area and to repair, replace and otherwise maintain exterior surfaces upon each Lot as herein provided.
Article VIII
PROTECTIVE COVENANTS AND RESTRICTIONS
1. No portion of a Lot created by this instrument, except for model homes used by Declarant, shall be used for any professional, industrial, mining or commercial activities.
2. No clothing, laundry or wash shall be aired or dried on any portion of the properties in any area other than in the rear yards of the Lots.
3. No tree, hedge or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic.
4. Except as provided in Paragraph 3, no tree of a diameter of more than four inches measured two feet above ground level, lying without the approval of the Board of Directors or the Architectural Control Committee appointed by the Board.
5. No noxious or offensive activity shall be carried on upon any portion of the residential property, nor shall anything be done thereon or permitted to remain on any lot which may be or become a nuisance or annoyance to the neighborhood.
6. No sign of any kind that is illuminated and/or larger than two square feet shall be displayed to the public view on any Lot, except temporary real estate signs not more than four square feet in area advertising the property for sale or rent and except for temporary signs erected by Declarant in connection with the construction, lease or sale of building and Lots.
7. No horse, pony, cow, chicken, pig, hog, sheep, goat, or other domestic or wild animal shall be kept or maintained on any lot other than common household pets, provided that they are not kept, bred or maintained for commercial purposes.
8. Trash and garbage containers shall not be permitted to remain in public view on days of trash collection. No accumulation or storage of litter, new or used building materials or trash of any other kind shall be permitted on any Lot, which shall be maintained in a neat and attractive manner, so as not to detract from the appearance of the entire property.
9. No person shall paint the exterior of any building a color different than the original color of said building without the proposed color having been approved by the Board of Directors of the Association, or by an Architectural Control Committee appointed by the Board.
10. No structure or addition to be a structure shall be erected, placed or altered on any Lot until the plan and specifications, including elevation, material, color and texture and a site plan showing location of improvement with grading modifications shall be filed with and approved in writing by the Board of Directors of the Association or an Architectural Control Committee appointed by the Board. Structure shall be defined to include any building or portion thereof, fence, pavement, driveway or appurtenances to any of the aforementioned.
11. No junk vehicle or house trailer shall be kept on any Lot. No storage or boats, boating equipment, travel trailers or camping equipment shall be visible from the street. The location and design of enclosures for boating, camping, traveling (other than automobiles) and related equipment shall be approved by the Architectural Control Committee as required under Paragraph 10.