may 1, 2007 adopted: may - Bridgeland Community Associations

Transcription

BRIDGELAND
MODIFICATION DESIGN GUIDELINES
FOR THE
LAKELAND VILLAGE COMMUNITY ASSOCIATION, INC.
THE SHORES
ADOPTED: MAY 1, 2007
FIRST BEND
THE COVE
WATER HAVEN
LAKELAND HEIGHTS
ADOPTED: NOVEMBER 17, 2010
HIDDEN CREEK
ADOPTED: OCTOBER 22, 2013
REVISED: JANUARY 20, 2016
REFER TO THE CHARTER FOR LAKELAND VILLAGE COMMUNITY FOR ADDITIONAL
REFERENCES.
Page 1 of 83
Table of Contents
Definitions .................................................................................................................................................... 6
Overview ...................................................................................................................................................... 7
A. Application Procedure & Architectural Processes.............................................................................. 8
1. Submission ............................................................................................................................................ 8
2. Residential Plan Standards .................................................................................................................... 9
3. Contractor/Owner Construction Requirements .................................................................................... 9
4. Compliance Inspection ....................................................................................................................... 10
5. Reviewer Decisions ............................................................................................................................. 11
6. Variances ............................................................................................................................................. 11
7. Enforcement Regulations and Fining Policy ....................................................................................... 11
B. General Guidelines ............................................................................................................................... 11
C. Architectural Standards ...................................................................................................................... 12
1. Exterior Painting and Gutters .............................................................................................................. 12
2. Exterior Siding .................................................................................................................................... 12
3. Roofing Materials and Accessories .................................................................................................... 13
4. Antennas .............................................................................................................................................. 14
5. Solar Panels ......................................................................................................................................... 14
6. Front Yard Accessories ....................................................................................................................... 15
7. Outdoor Lighting ................................................................................................................................. 17
8. Driveways ........................................................................................................................................... 18
9. Swimming Pools, Spas, Hot Tubs, and Ponds (Water Gardens) ......................................................... 18
10. Rear Yard Equipment ........................................................................................................................ 20
11. Basketball Goals................................................................................................................................ 20
12. Unattached Shade Structure .............................................................................................................. 21
13. Attached Shade Structure .................................................................................................................. 21
14. Attached Covered Patio Structure ..................................................................................................... 22
15. Patio Enclosures ................................................................................................................................ 23
16. Sunrooms........................................................................................................................................... 23
17. Unattached Covered Patio Structure ................................................................................................. 24
18. Enclosed Detached Structure............................................................................................................. 25
19. Gazebos ............................................................................................................................................. 26
20. Outbuildings ...................................................................................................................................... 26
21. Solar Screens, Storm/Security/Doors, and Storm/Film/Windows .................................................... 27
22. Awnings ............................................................................................................................................ 27
Page 2 of 83
23. Perimeter Lot Fencing ....................................................................................................................... 28
24. Metal, Wrought Iron and Aluminum Fencing ................................................................................... 29
25. Metal Driveway gates........................................................................................................................ 30
26. Wood Fencing ................................................................................................................................... 30
27. Breezeway Gates/Fencing ................................................................................................................. 31
28. Fencing as Screening......................................................................................................................... 31
29. Front Yard Signage ........................................................................................................................... 31
30. Walkways .......................................................................................................................................... 33
31. Patios/Decks/Concrete Slab .............................................................................................................. 33
32. Landscaping Approach ...................................................................................................................... 33
33. Front and Rear Yard Plantings Beds ................................................................................................. 34
34. Plant Bed Edging............................................................................................................................... 34
35. Trellises ............................................................................................................................................. 35
36. Street Tree in Right-of-Way .............................................................................................................. 35
37. Boulders/Rocks in Right-of-Way ...................................................................................................... 36
38. Irrigation ............................................................................................................................................ 36
39. Grading/Drainage .............................................................................................................................. 36
40. Outdoor Carpeting ............................................................................................................................. 36
41. Birdhouses/Feeders ........................................................................................................................... 37
42. Carports ............................................................................................................................................. 37
43. Garage Conversion ............................................................................................................................ 37
44. Temporary Shade Structure ............................................................................................................... 37
45. Flags, Banner, and Flagpoles ............................................................................................................ 37
46. Outdoor Shades and Curtains ........................................................................................................... 39
47. Window Coverings ............................................................................................................................ 39
48. Rear Yards ......................................................................................................................................... 39
49. 2nd Story Balcony .............................................................................................................................. 40
50. Cameras ............................................................................................................................................. 41
51. Screened Patio/Porch......................................................................................................................... 41
D. Design Review Committee ................................................................................................................... 41
1. Meeting Notice .................................................................................................................................... 41
2. Design Review Committee Member Absences ................................................................................... 41
3. Design Review Committee Member Term of Service ....................................................................... 41
Appendix “A” Modification Design Guidelines Specific to Lakeland Heights .................................... 43
Exhibit 1A- Exterior Color Schemes.................................................................................................... 57
Page 3 of 83
Exhibit 2A- Required Fence Location.................................................................................................. 62
Exhibit 3A- Approved Plant Material .................................................................................................. 67
Appendix “B” Property Modification Request ...................................................................................... 70
Appendix “C” Plant Quantity Requirements ......................................................................................... 72
Appendix “D” Approved Plant List ........................................................................................................ 73
Appendix “E” Lakeland Village Assigned Street Trees ........................................................................ 74
Appendix “F” Modification Design Guidelines Specific to Cove Sec 7 ................................................ 78
Appendix “G” Enforcement Regulation and Fining Policy .................................................................. 80
Page 4 of 83
Modification Design Guidelines
FOR
WHEREAS, that certain Charter for Lakeland Village Community Association, Inc. formerly
known as Bridgeland Northeast Community Association, Inc. (the “Charter”) was executed by
Bridgeland Development , LP, a Maryland limited partnership (the “Founder”), on January 23, 2006,
and was recorded in the Real Property Records of Harris County, Texas, on January 24, 2006, under
Clerk’s File Number Z046110, and subjects that certain subdivision in Harris County, Texas, and
known as Lakeland Village (“Lakeland Village”) to the covenants, conditions, restrictions and
easements set forth therein; and
WHEREAS, Section 5.3(a) of the Charter provides that the Founder may prepare and amend
“Design Guidelines” (herein so called) to provide guidance to owners and contractors regarding
matters of concern to the Reviewer (as defined in Section 5.3(a) of the Charter and herein called the
"Reviewer") for Lakeland Village Community Association, Inc. (the “Association”); and
WHEREAS, Section 5.3(b) of the Charter provides that unless the Design Guidelines provide
otherwise, no modifications, additions, or alterations made on or to a property after the construction of
a dwelling or other improvement on the property has been completed may begin on any property
within Lakeland Village until a written application is submitted to and approved by the Reviewer; and
WHEREAS, the Founder desires to establish Design Guidelines with respect to the type,
quality and color of exterior additions and modifications within so as to maintain a consistent character
and quality of appearance of improvements and to help ensure that improvements are constructed in an
orderly manner.
NOW THEREFORE, the Founder does hereby adopt the Design Guidelines set forth herein.
Page 5 of 83
Definitions
Terms used in this document have the following meanings:
Association
Lakeland Village Community Association, Inc.
Founder
Bridgeland Development, LP, a Maryland limited partnership
Lakeland Village
All sections of Lakeland Village under the jurisdiction of the Association
Board
The Board of Directors of the Association
Charter
Charter for Lakeland Village Community dated January 23, 2006, and
recorded in the Real Property Records of Harris County, Texas, on
January 24, 2006, under Clerk’s File Number Z04610, as Supplemental
and Amended from time to time.
Guidelines
The rules, standards and procedures established by the Founder herein
Property Managers
Professional, property-management organization contracted and
compensated by the Association to provide assistance to the Board and
the Reviewer.
Public View
As visible from streets, common area and lakes
Reviewer
The entity having jurisdiction in a particular case as set forth in section
5.2 of the Charter.
Address for Submission
16902 Bridgeland Landing
Cypress, TX 77433
Phone: 281-304-1318
Fax: 281-304-8334
Page 6 of 83
Overview
The purpose of architectural design is to keep Lakeland Village attractive for the enjoyment of residents
and for the protection of property and property values. The Charter authorizes the Founder to prepare
initial Design Guidelines (herein, the “Guidelines”) to maintain a consistent character and quality of
appearance for the improvements within Lakeland Village and to help ensure that improvements are
constructed in an orderly manner. The Guidelines also provide a specific procedure for submitting
applications for proposed improvements and requires owners to obtain written approval from the Reviewer
for any modifications, additions or alteration to a unit PRIOR TO SUCH MODIFICATION,
ADDITION, OR ALTERATION. Improvements made without prior approval of the Reviewer are
subject to removal at the owner’s expense. This is to ensure that the improvements and/or modifications
comply with the provisions of the Charter and these Guidelines. The Founder has established these
Guidelines in accordance with the authority granted to it by the provisions of the Charter.
These Guidelines have been established to assure uniform and fair application of the Charter and are
intended to provide all owners in Lakeland Village with information about: the type, color, quality of
materials which may be used in the construction of various kinds of improvements; the size and locations
of such improvements; and information about the procedures used by the Reviewer in reviewing
applications for proposed improvements. These Guidelines may be revised or updated from time to time.
Owners are responsible for complying with the most recent revised or updated version of these Guidelines.
To obtain the most current and accurate version of these Guidelines, please contact the Association’s
management company, visit the Association’s website or contact the Association onsite office.
These Guidelines apply after the original construction of the dwelling unit upon the property has
been completed. These Guidelines shall not apply to (a) the design and construction activities of the
Founder or Founder affiliates at any time, or (b) the construction of a dwelling or other improvement
by a builder or other person constructing an initial dwelling. Included herein are minimal landscape
requirements, which should be initially installed by the Builder however it is the owner’s
responsibility if not completed. Neither the Association nor the Founder has an obligation to enforce
with the Builder. These Guidelines also shall not apply to the Association’s activities during the
Founder Control Period (as that term is defined in the Charter).
The Reviewer reserves the authority to review and approve applications for buildings, additions, or
improvements which are not explicitly described by these Guidelines and to consider additional guidelines
in the review process whether published or not. These Guidelines may be amended from time to time as set
forth in the Charter.
All construction, alterations and modifications must be confirmed in writing and signed by the Reviewer
prior to construction of the improvement. No verbal approvals shall be granted. Additionally, should
the application be submitted after the construction, the Reviewer is not required to provide approval, and
the unapproved change may be deemed to be a violation of the Charter. The Reviewer shall notify the
applicant in writing of the final determination on any application no later than 30 business days after its
receipt of the final completed application and all required submissions; however, with respect to any
Reviewer determination subject to the Founder’s veto right under Section 5.2(b) of the Charter, the
Reviewer shall notify the applicant of the final determination within 40 business days after its receipt of the
final completed application and all required submissions. As part of any approval, the Reviewer may
require that construction commence within a specified time period.
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If construction does not commence within the required period, the approval shall expire and the owner
must reapply for approval before commencing any activities. Once construction is commenced, it shall
be diligently pursued to completion. All work shall be completed within 180 days of commencement
unless otherwise specified in the notice of approval or unless the Reviewer, in its discretion, grants an
extension in writing. No construction should begin prior to the approval. The owner may be subject to
fines and/or may be required to remove unapproved improvements.
In the case of any conflict with the terms of the Charter or these Guidelines, the terms of the Charter
shall control.
A.
Application Procedure and Architectural Processes
1.
Submission: All site or building construction, improvements, modification, alterations or
additions thereto require approval in writing from the Reviewer prior to construction or
placement. This covers new construction (after the construction of the dwelling on the
property) as well as, but not limited to, additions, accessories, fences, patios, storage buildings,
play equipment, pools, walkways, driveway modifications and changes in house colors. All
applications for approval to site or building construction, improvements, modification,
alterations or additions thereto shall be submitted to the Reviewer in writing by fully
completing the application form currently in use by the Reviewer, a copy of which is attached
hereto as Appendix “A”, or such form as may hereafter be adopted by the Reviewer. Each
application must be accompanied by TWO SETS of plans/specifications. The
plans/specifications must be supported by the following information:
a.
Drawing(s) of the existing and proposed addition/modification showing the top, front,
side, and rear exterior views; overall dimensions (length, width, height) of the
modification; and the layout and dimensions of supporting structures;
b.
A copy of the existing lot survey including all existing buildings and structures
without the proposed modification.
c.
A copy of the existing lot survey showing location of easements, existing buildings and
structures with the proposed location of the modification with measurements shown
from the location of the modification to all property lines and existing structures and
applicable building set back lines;
d.
A description of all materials to be used including but not limited to, brick, siding,
structure foundation, roofing material, and paint;
e.
Color samples for all colors involved should be included. Provide two copies of each
color sample or photographs.
It is the owner’s responsibility to determine all easements and setbacks that exist upon their
property. No construction should occur within these easements or building set back lines. All
building permits must be in effect at the time of construction. If construction is not
commenced within six (6) months of the approved application, a new application must be
submitted. All construction should be completed within one hundred eighty (180) days from
commencement.
Page 8 of 83
The Reviewer reserves the right to request any additional information deemed by it to be
necessary to properly evaluate the application. In the event that the Reviewer requests
additional information and such information is not submitted by the applicant in a timely
manner the application shall be invalid. However, the applicant may thereafter submit a new
application with the requested information to the Reviewer for its review.
The completed application form shall be submitted to the Association office with plans and
specifications as indicated, signed by the property owner. Any questions pertaining to these
standards
may
be
directed
to
the
Property
Managers.
2.
3.
Residential Plan Standards: All plans and specifications shall be drafted in a professional
manner. An architect or designer is not required, but recommended for easier interpretation and
generally better design results. Our plan standards are as follows:
a.
Drawings: A site or lot survey to show the dimensions of the proposed construction or
modification and distance from existing building and closest property line. Plan view
(top view) and elevations (front, left, right, rear) must be drawn to architectural
(ie:1/8”=1’0”) or engineering scale (ie:1”=100’).
b.
Specifications: List all specifications relating to project design, structural framing, and
quality of exterior materials, colors, textures and shape.
c.
Basis of Approval: Approval of plans and specifications shall be based, among other
things, on adequacy of site dimensions, structural design, conformity and harmony with
external design and of location with neighboring structures and sites, and conformity to
both the specific and general intent of the restrictions and surrounding properties.
Contractor/Owner Construction Requirements: The property owner has contracted with
their selected contractor to provide construction services. It is the property owner’s
responsibility to ensure the contractor is aware of and understands the requirements of the
Charter and these Guidelines. The owner and contractor acknowledge and accept the authority
of the Reviewer and the Association to require certain standards. The owner and contractor
acknowledge and accept the authority of the Association to enforce adherence to these
standards through fines or other legal action. The owner and contractor agree to abide by the
following:
a.
The burning of construction material, debris and other scrap on the property or in
Lakeland Village is strictly prohibited.
b.
The work site shall be kept clean. The property owner and the contractor are
responsible for all trash and debris being picked up and removed promptly. No
dumping within Lakeland Village is allowed.
c.
Contractors are responsible for keeping mud, dirt, etc. off of the roadway and meeting
all E.P.A. requirements regarding movement of silt and other materials from
construction site to drainage swales and/or adjacent properties. Contractors will be
responsible for repair to any road, road right-of-way, shoulders or drainage swales
damaged during the course of construction.
Page 9 of 83
4.
d.
Dumping or cleaning of cement trucks or dumping of construction material is not
allowed within Lakeland Village, common areas and right-of-way (i.e., ditches streets,
parks, or storm sewers and all easements).
e.
Design of common area and roadside drainage swales must not be altered. Property
owners may neither burden nor alter the drainage of adjacent property. It is the sole
responsibility of the owner to assure proper drainage of the property and assurance
against any adverse encroachments to other property.
f.
Construction access is limited to Applicant’s property. Any damage done to
Association and/or neighboring property shall be restored to the original condition as
determined by the Association and/or neighbor at the property owner’s expense.
g.
No building materials or contractor’s equipment shall be left on the street or common
area. Traffic flow within the neighborhood may not be interrupted.
Compliance Inspection: The Reviewer MAY require site inspections including but not limited
to:
a.
Periodic Inspection: If performed, will be by the Association, the Reviewer or Property
Manager to inspect for compliance with the approved plans.
b.
Final Inspection: If performed, will be to review the site after completion of
modification(s). Included are but not limited to additions, pools, decking, walkways,
painting, landscaping, and other items necessary to present an aesthetic condition on the
lot. Final inspection shall not be relied upon by any person or entity as to the structural
integrity, sufficiency, suitability, fitness, workmanship or quality of the design,
construction of the improvements, compliance with the Charter, compliance with these
Guidelines, or any other matter. Neither the Board, the Reviewer, the Association,
Property Managers, nor any of their respective members, officers, directors,
shareholders, employees or agents shall be liable because of the approval or nonapproval of any application.
c.
Non-compliance with Reviewer approval: If for any reason a structure is deemed not to
be in compliance with approved plans, the owner will be notified. The Association will
require the cessation of construction until the item(s) in non-compliance are corrected.
Be advised that failure to submit to the Reviewer for approval prior to beginning
construction, commencement of construction before approval is received or failure to
install/build as approved may be subject to fines imposed on the property owner for
non-compliance.
d.
Other permits or approvals may be required from the City, County or other
governmental entities. It is the responsibility of the owner to obtain all required City,
County or other governmental approval.
Page 10 of 83
5.
Reviewer
Decisions:
The
Reviewer
shall
consider
each
application
for compliance with the terms and provisions of the Charter and with
these Guidelines. Reviewer decisions shall be conveyed, through the Property Manager’s
office, in writing, by regular mail to the owner and shall include a statement of the conditions
under which the application is approved, if any, or the primary reason(s) for disapproving the
application. No verbal approvals shall be granted. The Reviewer has the right to deny
approval for a similar improvement based on the proximity of a property to a main boulevard or
the visual relativity of the site to the overall development.
6.
Variances: The Reviewer shall not consider a variance unless a specific request for a
variance is included in the application together with a statement describing the circumstances
and setting forth the whys and wherefores the granting of the variance should be appropriate.
Variances to the design standards and development criteria may be granted at the sole
discretion of the Reviewer when it determines that circumstances such as topography, natural
obstructions, hardship (other than economic hardship), or aesthetic or environmental
considerations justify such a variance; however, the Reviewer shall under no circumstances be
obligated to grant variances. No variance shall be granted unless the general purposes and
intent of the Charter and these Guidelines are maintained. Any variance granted shall only be
applicable to the specific site and conditions for which the variance was granted, and shall not
modify or change any design standards as they apply to other sites or conditions. All variances
must be confirmed in writing and signed by the Reviewer prior to construction of the
improvement. No verbal variances shall be granted.
7.
Enforcement Regulations and Fining Policy:
a.
B.
Upon the Association becoming aware of a violation of these Guidelines, the
Association may take the actions set forth in the Enforcement Regulations and Fining
Policy set forth on Appendix “G”.
General Guidelines: The Reviewer shall consider the following factors upon the review of each
application for all site or building construction, improvements, modifications, alterations or additions
thereto:
1. All construction, improvements, modifications, alterations or additions must comply with
the existing Guidelines. If the Guidelines do not address a particular improvement,
modification, alteration or addition then the construction, improvement, modification,
alteration or addition is subject to the approval of the Reviewer in its sole discretion.
Additional provisions of the Charter may apply.
2. The quality of construction and materials, colors, exterior design (elevation), size
(dimensions), and location must be harmonious with existing and other proposed structures
and location with respect to topography and finished grade elevation, and must be in
compliance with the provisions of the Charter and with surrounding properties. All
improvements must be complimentary to the home and conform with new construction
standards applicable to that neighborhood.
3. The location must not violate the building setback lines, utility or drainage easements as
shown on the official recorded plat, nor obstruct drivers’ vision at street intersections.
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4. Improvements that are intended for other than single-family residential purposes are not
permitted.
NOTE: The Reviewer will not grant permission to place a building over, under, upon or across
any utility easement unless consent to encroach upon any utility easement is obtained in writing
from the owner of the easement (i.e. utility companies) by the property owner.
The Reviewer shall also consider the provisions of the Charter and of applicable statutes, ordinances
and building codes. However, approval of an application shall not be construed as a warranty or
representation by the Reviewer that the modification, addition or improvement, as proposed or built,
complies with any or all applicable statutes, ordinances or building codes, or as a warranty or
representation by the Reviewer of the fitness, design or adequacy of the proposed construction.
C.
Architectural Standards
1.
Exterior Painting and Gutters
No exterior surface of any residence, garage or other structures on any lot shall be painted a
color different from the original Founder or the Reviewer approved color without prior
approval of the Reviewer. Two (2) of each color sample or “paint chip” of the proposed
exterior color(s) must be included with each application submitted to the Reviewer. A sample
of the existing paint color must also be included with each application. Only colors consistent
with the Association standards (earth tones) will be approved. Garage doors must be painted to
match the field brick or trim. Brick on the home, sidewalk, driveway and/or wooden fences
may not be painted or stained. The following additional guidelines shall also apply:
a.
Harmonious Colors – The proposed colors must be harmonious with each
other and with the colors of the exterior brick and roofing materials.
b.
Trim – Soffit, fascia boards, window and door trim and rain gutters must
also be harmonious colors; however, the shades of trim color may be
shaded to compliment (lighter/darker) the principal color of the residence
or garage.
c.
Gutters – When rain gutters are painted, their color must match the
color of the fascia board trim. When “maintenance free” gutters are installed or
replaced, their color must match (as closely as possible) the fascia board trim.
d.
Curb Painting – Address painting of any kind on the curb is not permitted.
(See Appendix A for Exterior Painting specific to Lakeland Heights)
2.
Exterior Siding
Siding must be horizontal lap type. The use of diagonal siding is strongly discouraged but may
be allowed by special consent of the Reviewer. When siding is replaced or added to any
existing structure or new modifications on the lot, it must be of the same type, quality, size and
color as the existing siding on the main residence (unless all exterior siding is being replaced at
one time).
Page 12 of 83
If all exterior siding is being replaced at one time, the type of siding may be changed to any of
the following acceptable materials: hardiboard or equivalent. Vinyl, vinyl coated aluminum
or vinyl coated steel is not allowed. The following guidelines apply to replacement or
additional exterior siding:
3.
a.
Thickness, visible width and spacing of siding must be consistent with that of the
original exterior siding; each application submitted to the Reviewer shall include a 3” x
3” sample of the siding.
b.
Color of all siding (including siding that is not painted) must comply with the guidelines
herein for painting.
c.
Exterior siding must be installed and maintained to avoid sagging, warping or irregular
coloration;
the
Association
may
require
the
homeowner
(at
homeowner’s sole responsibility and expense) to repair or replace siding that fails to
adhere to these guidelines.
d.
Homeowners must maintain all exterior siding to remove mold/mildew and paint when
necessary to correct fading and/or discoloration.
Roofing Materials and Accessories:
Roofing materials used shall be of a premium grade and of same material used in original
construction. A copy of the contractors quote showing the shingle type, age rating and color
must accompany the application. An alternative to the contractors quote would be a 2”X2”
square sample of the shingle submitted with the application.
a.
Material: The proposed shingles shall be of an acceptable type, quality
and color that are harmonious with the residence and applicable to that specific
neighborhood. Shingles shall have a minimum 25-year warranty.
b.
Accessories: All roof protrusions shall be located to the rear of the ridgeline and/or
gable of any structure and shall not extend above the highest point of the structure. All
roofing additions, wind turbines and vents (if any) must match the roofing material
and/or color as closely as possible. The Reviewer shall have the right to approve
exceptions to the foregoing in cases where energy conservation and heating/cooling
efficiency require ventilators that, because of a particular roof design, cannot be hidden
from public view.
c.
Chimney Caps:
1.
Wood Burning - Above the roof the chimney can not have an exposed metal
flute and must be boxed in with material matching the home (brick or
hardiplank). Chimney caps are required on all chimneys. Caps shall be of metal
construction. Caps shall be unadorned and designed to match or be compatible
with the color and material used on the chimney.
2.
Gas Direct Vent – Fireplaces that use an 8” or smaller flue pipe are not required
to have a chimney built above the roof as long as:
Page 13 of 83
* The maximum height of the flue pipe above the roof is 5’.
* The flue pipe is painted to match other roof pipes.
4.
Antennas
Television antennas on roofs shall be avoided. It is preferable that antennas be placed within
the attic space of a home. If placed outside, the antenna shall not encroach on neighboring
private or public property. Antennas and satellite dishes shall not be readily visible to
neighbors or from a public right of way. If the antenna is placed on the site, it is suggested that
the smallest antenna possible be used to avoid attention. Radio towers are prohibited.
5.
Solar Panels
“Solar energy panel” means a devise or system designed primarily to collect solar energy and
subsequently use the solar energy as thermal, mechanical, or electrical energy. Solar energy
panels shall be allowed only under the following conditions:
a.
No solar energy panel shall be placed or located in a manner in which threatens public
health or safety or violates any law.
b.
No owner shall place or locate any solar energy panel on any property owned or
maintained by the Association or Bridgeland Council, Inc.
c.
A solar energy panel may only be placed or located on the roof or within the fenced rear
yard and must comply with the following:
1. Any solar energy panel on the roof must be placed or located so as to
minimize the visibility from any public street and must be placed on the roof
facing the back yard. A solar energy panel may be visible from a lake or
common area, but only if it is positioned in a location which is the least
visually obtrusive location. In the event of any conflict regarding this issue,
the Association shall be entitled to determine in its sole discretion which
location is the least visually obtrusive. All solar energy panels must conform
to the slope of the roof and the top edge should be a minimum of 12” below
and parallel to the roof ridge, unless this would cause the solar energy panel to
be more visually obtrusive.
a. Maximum dimensions are 32.2” X 62.6: and the thickness can
not exceed 2.9”.
b. To make the solar panel as unobtrusive as possible it must be
installed by using an integrated (low profile) mounting system,
and must be equipped with its own Enphase inverter.
c. The color of the panels and the framing must match the color of
the roof
2. A solar energy panel which is not mounted to the roof and is within the
fenced rear yard must not be visible from any public street, lake or common
area.
Page 14 of 83
6.
Front Yard Accessories:
Front yard accessories shall be permitted under the following conditions:
a.
Location: Accessories must be an integral part of the landscaping and blend in with the
existing shrubbery or trees. This includes the yard in front of the fence line, any side
yards on corner lots in front of fence line, and front of homes such as porches and
landscaped areas.
b.
Type/Size: Front yard accessories are limited to landscape planters. Landscape planters
placed on the front entry walls are not to exceed twenty-four (24”) inches in height.
Landscape planters in beds adjacent to the home or front entries/porches are not to
exceed thirty-six (36”) inches in height. Landscape planters are to be of a standard
shape (square, rectangular, or oval) and will be left at the reviewer’s discretion. Planters
in the driveway will not be permitted lined in a row. Landscape planters are limited in
number to a total of four (4). Landscape planters are to be harmonious with the exterior
color/scheme of the home. No other front yard accessories will be allowed.
c.
Materials: Landscape planters must be constructed of precast concrete, marble, painted
cast aluminum terra cotta, or other durable material. Wooden barrels, aluminum, tin,
metal, plastic, fiberglass, and other non-durable materials, are not acceptable materials
for landscape planters or decorative accessories. Birdbaths may not be used as planters.
d.
Maintenance: Landscape planters shall be maintained in such a fashion as to not detract
from the neighborhood and must be maintained with living landscape materials at all
times.
e.
Prohibited Accessories: Some examples that will not be allowed are decorative
landscaping flags, decorative lanterns, hanging baskets, birdbaths, or decorative
fountains. Additional decorative elements are not permitted to be attached to the home
or fences (i.e. star décor, hanging baskets, iron décor, etc…). Park benches or chairs
will be allowed on a porch, patio, or at a front entry as long as the area is covered or
directly adjacent to the front door (along entry). They will not be permitted in the
landscaping or in the front or side yards (see Outdoor Furniture). Other items not
meeting the established guidelines are not permitted within the visible front or side
yards of residential lots.
(See Appendix A for exceptions to Lakeland Heights)
f.
Holiday Decorations: Traditional holiday decoration(s) may be displayed for two (2)
months prior to and one (1) month after any commonly recognized holiday for which
such lights are traditionally displayed.
g.
Banners/Flagpoles: Maximum of one (1) six (6) foot banner or flag mounted on a
flagpole attached to the front of the home is permitted.
h.
Signs: No signs are permitted in the front yard except for school or youth affiliated
sports signs (see Section 29 hereof).
Page 15 of 83
i.
Window Boxes: Window boxes are allowed as a decorative “window element.” Only
wrought iron window boxes will be allowed but can not cover the entire window must
be black and pots can not be visible if filled. Wooden window boxes are only allowed
during new construction and approved by ARC.
j.
Wind Chimes: two (2) wind chimes will be allowed on porches only. Wind Chimes are
not permitted in trees or hanging from eves. Must be aesthetically pleasing to match the
style and architecture of the home (no colors or scheme which may be deemed as
obnoxious or visually distracting to the home or community as determined at the sole
discretion of the committee). Wind Chimes may not exceed 20” in height
k.
Entry Wall and Brick Column Light Fixtures: Light fixtures are to be located on top of
columns only. Light fixtures are not to exceed eighteen inches (18”) in height.
The light fixtures must be in harmony with the architecture of the residence and
neighborhood as determined at the sole discretion of the committee. Maximum wattage
of light bulbs shall not exceed forty (40) watts, incandescent or equivalent. Any nonmetal fixtures will not be allowed. Picture of light fixture to be installed will be
required with application submission. Fixture must be maintained in good condition and
shall not detract from the neighborhood.
l.
Display of Religious Items: Religious items may be displayed in accordance with these
guidelines- Décor must be of a religious nature and are only permitted to be attached or
affixed to the door or doorframe. One or more decorative items of this nature may be
permitted however the combined décor may not exceed a total of twenty-five (25)
square inches. Décor may not be attached to the dwelling, porch, alcove, windows or
otherwise any exterior portion of the home visible to the front or side of the residence.
This provision excludes the painting, changing or design of the door itself which is not
permitted without prior approval of the Design Review Committee.
m.
Hose Guides: Limited to a maximum number of eight (8), must be of standard shape /
size and may not be decorative. Hose Guides must be located within the plant bed(s)
along the edging.
Front Courtyard and Alcove Accessories:
Front courtyard and alcove accessories shall be permitted under the following conditions:
a.
Fountains or birdbaths will only be allowed if they are located within the footprint of the
residence as an alcove or courtyard and may require additional landscape screening.
b.
Statues and planters will be reviewed on a case by case basis and will only be allowed if they
are located within the footprint of the residence and do not exceed sixty (60”) inches in height.
Additional landscape screening may be required.
Page 16 of 83
Outdoor Furniture:
a.
Front Porch/Entry Furniture
1.
2.
3.
4.
5.
6.
7.
b.
Outdoor Furniture
1.
2.
3.
4.
c.
Must be in rear yard only.
Must be well maintained.
Must be in harmony with the exterior design and color of the house.
Must not be located in the front yard of any lot and must not be located in the
visible side yard on any corner lot.
Tree Swings
1.
7.
Must be well maintained.
Must be in harmony with the exterior design and color of the house.
Must be located on front porch/entry, not in the landscaping or front or side
yards
Must be metal, wood, or concrete.
Folding chairs are not acceptable.
May not be plastic
Porch swings are allowed but must adhere to the above guidelines.
(See Appendix A specific to Lakeland Height)
Can only be located in the back yard.
Outdoor Lighting:
Outdoor lighting shall be installed in such a way to shield or minimize the amount of spill light
on adjacent properties, homes or streets. Light fixtures such as flood lights and/ or security
lights are permitted on the rear of the homes; one fixture may be installed centered above the
garage if approved, at the reviewer’s discretion. Exterior lights located on the second story of a
home are prohibited. Be advised approval is needed for both front and rear yard lighting. The
maximum number of exterior lighting fixtures is four (4) total, excluding landscape lighting
unless otherwise approved.
a.
Landscape Lighting: Lights must be located at ground level in flowerbeds and must
illuminate white. Maximum height is eighteen (18) inches. Maximum wattage is not to
exceed forty (40) watts.
b.
Lamppost: Only one (1) lamppost may be approved for placement in the front yard, it
must not be placed in the street right-of-way and must illuminate white. Lamppost must
not exceed seven (7) feet in height, including the globe(s) and any decorative
components. Post must be constructed of metal in one of the following colors: black or
earth tone. The lamppost must harmonize with the architecture of the residence and
neighborhood. Maximum wattage is not to exceed forty (40) watts.
c.
Fixtures: All fixtures must be Underwriter Laboratories (UL) approved and may be of
the following type: Incandescent can not exceed a combined total of 250-watts; Gas can
Page 17 of 83
not exceed the equivalent amount of light produced by a 100-watt incandescent fixture;
High Pressure Sodium can not exceed 35-watts.
d.
Decorative String Lighting: Decorative string lighting of any kind such as string arbor
lights, string pool lights, or string tree lights will not be permitted.
e.
Light fixtures are permitted on the side of homes with a trail or greenbelt space adjacent
to the side of light installation per approval by the reviewer.
(See Appendix A for further lighting requirements for Lakeland Heights)
8.
Driveways:
a.
Driveway Extensions: No driveway shall be extended beyond the area as built at the
time of initial construction. No driveway extensions including bricks, pavers, stones,
rocks, etc. are permitted.
b.
The replacement of concrete driveways is to be a minimum four (4) inches thick over a
sand base with a minimum of a six inch by six inch wire mesh in the field of the pour.
County specifications regarding driveway cuts and curb returns at driveway openings
shall be adhered to.
c.
Driveways may be a material consistent with the architectural character of the entire
neighborhood.
d.
Asphalt, painted or stained driveways will not be permitted. Only custom sections will
be allowed as designated by the founder during new construction.
(See Appendix A specific to Lakeland Heights)
9.
Swimming Pools, Spas, Hot Tubs, and Ponds (Water Gardens):
Swimming pools, spas, ponds, hot tubs, and other ancillary structures are restricted to the rear
yard and must adhere to the following guidelines. Bathhouses must follow the guidelines for
outbuildings. Pool enclosures are not allowed.
a.
Location:
No portion of the pool structure may encroach onto the utility
easement without written consent from the utility companies involved. Subject to
above mentioned approval, decking may encroach onto the easement with homeowner
awareness that utility company policy may require access to that area; the homeowner
could be responsible for removal and/or will be responsible for replacement of the deck
located in the easement. Pool decks must not extend beyond the established side setback
lines and must be a minimum of five (5) feet from the side or rear property line.
b.
Height: Swimming pool appurtences, such as rock waterfalls and slides must not exceed
six (6) feet in height when measured from the natural ground. Pool decking may not
exceed twelve (12) inches in height above natural grade. No portion of swimming pool
accessories (slides, diving boards, waterfalls, raised beams, etc.) may exceed six (6)
feet in height from natural ground or be visible above the top of the fence and
must be screened with landscaping if visible from public view. Above ground spas
Page 18 of 83
must not exceed four (4) feet in height and be no larger than a six (6) person capacity
unit. Additional landscaping or decking will be required to screen the hot tub. Any
decking surrounding the structure must not exceed four (4) feet in height.
c.
Fencing/Screening: All private swimming pools and spas shall be completely enclosed
by a minimum five (5) foot high yard fence and a self-closing, self-latching gate. The
gate must be constructed of the same material as the fence, per the Guidelines. Pool
equipment must be immediately screened from the street in the front by the rear yard
fence (wood) or solid landscaping and from visible common areas by landscaping.
Maintain a twenty four (24) inch greenbelt between pool equipment and/or pool deck
and fence and/or property line.
d.
Construction Access: Pool construction access routes are on either side of the home
(within the lot fence lines) via homeowner’s property only. Access routes must be
clearly defined from the street to the pool excavation sight. Access through any
Association property is prohibited. The Association will not approve access through
non-association rights of way such as drainage easements, MUD easements and Gas
Pipeline areas. Access must be granted by the appropriate entity and a written
authorization and policies must be supplied to the Association prior to pool installation.
e.
Maintenance: All swimming pools and spas must be properly maintained year-round to
comply with all County and State regulations. Pool backwash lines are to be tied into
the sanitary sewer per the MUD district requirements. Proper area drainage must be
maintained and pool run off/drainage must not affect neighboring properties. The
sidewalk and/or curb may not be saw cut or broke out. All yard drainage must be
terminated at the front yard using a pop up bubbler or a grated cover not visible above
the grass. If tunneling under common sidewalks, properly compacted backfill must be
installed to avoid future settlement of sidewalks crossed. Pools must be inspected by the
appropriate MUD operator for the neighborhood.
f.
Prohibited Structures: Portable or permanent above ground swimming pools are strictly
prohibited.
g.
Required Submittal Information: Along with the completed application, a copy of the
lot survey by a professional land surveyor is required (the survey received at closing).
A second survey (same as above) is required with the pool imaged onto the survey. In
addition, the pool plan sketch/detail, the location of the pool equipment, the filter type,
drainage, access route information, detailed scope of work to be performed and
contractor’s name/phone number must be included. A One thousand dollar ($1,000.00)
deposit shall be required at the time of submittal. The deposit will be refunded at the
time of satisfactory completion.
Page 19 of 83
10.
Rear Yard Recreational Equipment:
For the purpose hereof, rear yard recreational equipment shall include, but is not limited to any
type of children’s play houses, play sets, climbing structures, slides, raised play forts, swing
sets, trampolines, etc. Such structures are not totally enclosed. Enclosed structures are to
follow the Outbuilding Guidelines as set forth in Paragraph 20 of these Guidelines.
a.
Location: Recreational equipment shall be located in the rear yard so it is screened from
public and private view to the maximum extent possible, by permanent structures (such
as the house, garage or wood fences) or landscaping, which shall accomplish screening
through wrought iron fencing at the time of planting,. All rear yard recreational
equipment must be a minimum of five (5) feet from the side fence lines and five (5) feet
from the rear fence line. Additional landscape screening may be required.
b.
Size: Play structures and swing sets must not exceed one hundred twenty (120) square
feet in size, not including the slide and stairs. The maximum allowable height for
playground equipment is twelve (12) feet including flags, etc. No portion of any piece
of rear yard equipment shall exceed this height limit. Standing platforms shall not
exceed six (6) feet above natural ground.
c.
Enclosed playhouses must not exceed seven and a half (7½) feet in height when
measured from the natural ground and one hundred twenty (120) square feet in size.
d.
Materials: Playhouses and play structures must be constructed of materials resistant to
decay, such as pressure-treated yellow pine, redwood, cedar, painted treated wood or
plastic
to
be
in
harmony
with
the
existing residence. Swing sets, trampolines, etc. may be constructed of metal. Tarp
roofs, awnings, or covers must be rainbow or earth tone colors. Safety netting on
trampolines must be black, white or neutral in color.
e.
Maintenance:
All
playhouses,
play
structures,
swing
sets
and
trampolines, etc. shall be maintained in such a fashion as to not detract from the
neighborhood, such as, but not limited to: for playhouses and play structures,
replacement of torn or discolored tarps or covers: for swing sets, painting of any rusted
or discolored parts, replacement of torn or detached safety nets on trampolines.
f.
Permanent skateboard ramp type structures are not allowed. Portable skateboard ramps
must be stored from public view when not in use.
g.
No Baseball cages or nets are allowed in the back yard.
(See Appendix F Specific to Cove Section 7)
11.
Basketball Goals:
Applications are required for both permanent and portable basketball goals. Guidelines for
placement must be adhered to. Backboards affixed to the main residence or the garage is not
allowed. Basketball and sports courts are not permitted in the rear yard. Be advised that only
one (single pole) basketball goal per family/residence is permitted.
Page 20 of 83
a.
Driveway Location: Goals must never be more than ten (10) feet in front of the most
setback portion of the facade on houses with front loading or corner lot side loading
garages. Houses with recessed garages may only place portable goals behind the front
building setback line. Goals must never violate the side building lines. Basketball
goals are not permitted on public streets.
b.
Goal Construction: Pole – all poles must be metal and not exceed ten (10) feet in height.
Backboards – backboards must be standard size backboard. Material must be Plexiglas,
graphite or fiberglass. The color must be white, clear or gray with the exception of the
manufacture’s outline markings. Nets are required on all rims.
c.
Maintenance: All goal supports, backboards, rims and nets must be well maintained at
all times.
d.
Portable basketball goals in the front yard must be maintained in an upright position at
all times or stored out of site.
(Please see Appendix A specific to Lakeland Heights)
12.
e.
Height: Basketball goal (rim) must not exceed ten (10) feet in height when measured
from the natural ground.
f.
Basketball goals should be properly filled at the base for stability. Items are not
permitted to be stored on the base as they are unsightly.
Unattached Shade Structure:
An “Unattached Shade Structure” shall be defined as an unattached or free standing, open
framed flat roof structure whose purpose is to provide shade. Unattached shade structures shall
not be used for any type of open storage.
a.
Location: Unattached shade structures must be located in the rear yard and must be a
minimum of five (5) feet from side fence lines and five (5) feet from the rear fence line.
Unattached shade structures must not interfere with drainage or cause water to flow
onto any adjacent lot. Any lights attached to the structure must be positioned so that
light does not spill over onto adjacent lots. The unattached shade structure must be
maintained at all times.
b.
Material: Supporting structural members must be constructed of materials resistant to
decay, such as redwood, cedar and/or treated wood. Wood embossed architectural
aluminum must be painted a color and shade similar to and harmonious with the
exterior of the residence. Roof of structure can consist of lattice or wood slats.
Additional landscape screening may be required.
c.
Dimensions: The maximum height of an arbor shall not exceed ten (10)
feet measured from the natural ground. The total size of the arbor shall not exceed one
hundred twenty square feet. The total size of the unattached shade structure shall not
exceed one hundred twenty (120) square feet.
13.
Page 21 of 83
Attached Shade Structure:
An “Attached Shade Structure” shall be defined as an attached, open framed flat roof structure
which is tied into the main dwelling whose purpose is to provide shade. Attached Shade
Structure shall not be used for any type of storage.
14.
a.
Location: Attached shade structures must not encroach on any utility or drainage
easement, nor shall it violate the building setback lines applicable to the residential
dwelling on any lot. Attached shade structure must be located in the rear yard and must
be a minimum of five (5) feet from side fence lines and five (5) feet from the rear fence
line. Attached shade structure must not interfere with drainage or cause water to flow
onto any adjacent lot. Any lights attached to the structure must be positioned so that
light does not spill over onto adjacent lots. Attached shade structure must be
maintained at all times.
b.
decay, such as redwood, cedar and/or treated wood. Wood embossed architectural
aluminum must be painted a color and shade similar to and harmonious with the
exterior of the residence. Roof of structure can consist of lattice or wood slats. Post
must sit on masonry columns that are consistent with the main residence. Additional
landscape screening may be required.
c.
Dimensions: The maximum height of an attached shade structure shall not exceed ten
(10) feet measured from the natural ground. The total size of the attached shade
structure can be no wider than the slab of the main residence and depth can not extend
twenty feet (20’) from slab.
Attached Covered Patio Structures:
Covered patio structures are considered to be additions to the rear of the residence that have no
enclosure walls. Attached patio structures must be painted to match the primary color of the
home.
a.
Location: Covered patio structures must not encroach on any utility or drainage
easement, nor shall it violate the building setback lines applicable to the residential
dwelling on any lot. Covered patio structures must not interfere with drainage or cause
water to flow onto any adjacent lot. Covered patio structures may not be used for any
type of storage. Covered patio structure must be maintained at all times.
b.
Material: The standard, type, quality and color of the materials used in the construction
of a patio cover must be harmonious with the standard, type, quality and color of the
materials used in construction of the main residence (wood and/or brick). The roof
must be shingled and/or must match the existing roof. Corrugated roofs for patio
covers shall not be permitted under any circumstances. All patio covers must be
adequately supported and constructed of sturdy materials so that the patio cover has no
visible sagging or warping. Additional landscape screening may be required. Supports
must be painted wood, treated wood or masonry. No pipe is allowed.
Page 22 of 83
c.
Additional Materials:
Chimneys: Fireplace material must be consistent with the main residence. Above the
roof the chimney can not have an exposed metal flute and must be boxed in with
material matching the home (brick or hardiplank). Chimney caps are required on all
chimneys. Caps shall be of metal construction. Caps shall be unadorned and designed to
match or be compatible with the color and material used on the chimney.
Outdoor kitchen accessories: Outdoor kitchen fixtures must be permanent/fixed and
must be harmonious with the main residence. The height shall not exceed standard bar
height requirements.
d.
15.
16.
Dimensions: The top of the patio cover at its lowest point shall not be higher than nine
(9) feet from ground level or match existing first floor plate (typical first floor plate
height). The patio cover roof shall provide an attractive slope with a minimum 4/12
roof pitch away from the home, at an angle that does not exceed that of the roof of the
residence. Flat roof patio covers are not permitted. No patio cover shall protrude
from the sides of the residence. Patio covers may not encroach on the building line.
Patio Enclosures:
A “patio enclosure” is any patio cover that has exterior walls (other than “sunrooms”).
a.
Location: Patio enclosures must not encroach on any utility or drainage easement, nor
shall it violate the building setback lines applicable to the residential dwelling on any
lot. Patio enclosures must not interfere with drainage or cause water to flow onto any
adjacent lot.
b.
Material: The standard, type, quality and color of the materials used in
the construction of patio enclosures must be harmonious with the
standard, type, quality and color of the materials used in construction of
the main residence. (i.e. brick home, enclosure must be brick to match
home) The roof must be shingled and/or must match the existing roof. Corrugated
roofs for patio enclosures shall not be permitted under any circumstances. The
exterior color of the walls, doors, windowsills, beams, frames or other visible supports
must match the exterior color of the residence. Covered patio enclosures must be
maintained at all times. Additional landscape screening may be required.
c.
Dimensions: The highest point of the patio cover shall never exceed nine (9) feet from
ground level (typical first floor plate height). The patio enclosure roof shall provide an
attractive slope with a minimum 4/12 roof pitch away from the house, at an angle that
does not exceed that of the roof of the residence. Flat roof patio enclosures are not
permitted. No patio cover shall protrude from the sides of the residence. Patio covers
may not encroach the building line
Sunrooms:
A “sunroom” is defined as a patio enclosure constructed with glass walls and/or glass roofing.
Page 23 of 83
17.
a.
Location: Sunrooms must not encroach on any utility or drainage easement, nor shall it
violate the building setback lines applicable to the residential dwelling on any lot.
Sunrooms must not interfere with drainage or cause water to flow onto any adjacent lot.
b.
Material: Supporting structural members must be of a color and shade similar to and
harmonious with the exterior of the residence. Glass must be tinted in a shade
compatible with the exterior of the residence. No metallic or direct reflecting style
shading/tinting of the glass will be permitted. Applicants may be required to submit
actual samples of the glass with the proposed shading/tinting material applied for
approval. Additional landscape screening may be required.
c.
Prohibited Accessories: No sunroom shall have exposed air conditioning or heating duct
work installed on the exterior thereof. Vents must be attached to the main residence.
No ductwork shall be visible. Window coverings are not required; however, only
interior covering will be permitted; there shall be no exterior coverings of the sun room
glass permitted.
Unattached Covered Patio Structure:
Unattached covered patio structures are considered to be additions to the rear of the residence
that is neither attached to the residence, has no enclosure walls, and has a solid roof.
d.
Location: Unattached covered patio structures must be a minimum of five (5) feet from
the side fence lines and five (5) feet from the rear fence line. Unattached covered patio
structures must not encroach on any utility or drainage easement, nor shall it violate the
building setback lines applicable to the residential dwelling on any lot. Unattached
covered patio structures must not interfere with drainage or cause water to flow onto
any adjacent lot. Unattached covered patio structures may not be used for any type of
storage. Unattached covered patio structure must be maintained in good condition at all
times.
e.
of an unattached covered patio must be consistent with the standard, type, quality and
color of the materials used in construction of the main residence. Corner columns must
be entirely wrapped in brick or stone that is consistent with the main residence. The roof
must be shingled and must match the existing roof of the main residence. Corrugated
roofs for unattached covered patio structures shall not be permitted under any
circumstances. All unattached covered patios must be adequately supported and
constructed of wood and masonry so that the patio cover has no visible sagging or
warping. No pipe is allowed. Additional landscape screening may be required.
f.
Page 24 of 83
g.
18.
Dimensions: The top of the patio cover at its lowest point shall not be higher than ten
(10) feet from ground level (typical first floor plate height). The roof must be a
minimum of a 4/12 pitch and not exceed the pitch of the roof on the home. Flat roof
patio covers are not permitted. No patio cover shall protrude from the sides of the
residence. Patio covers may not encroach into the side building setback. The maximum
height of the walking area shall be no greater than twelve (12) inches measured from
the natural ground. The total size of the unattached covered patio structure shall not
exceed four hundred (400) square feet (20 x 20).
Enclosed Detached Structure:
Enclosed detached structures are considered to be additions to the rear of the residence that is
not attached to the residence, has enclosure walls, has a solid roof, and is not to be used as a
livable structure.
a.
Location: Enclosed detached structures must be a minimum of five (5) feet from the
side fence lines and five (5) feet from the rear fence line. Enclosed detached structures
must not encroach on any utility or drainage easement, nor shall it violate the building
setback lines applicable to the residential dwelling on any lot. Enclosed detached
structures must not interfere with drainage or cause water to flow onto any adjacent lot.
Enclosed detached structures must be maintained in good condition at all times.
b.
of an enclosed detached structure must be consistent with the standard, type, quality and
color of the materials used in construction of the main residence. One hundred percent
(100%) masonry must be used on all sides and must be consistent with the masonry
used on the main residence. The roof must be shingled and must match the existing roof
of the main residence. Corrugated roofs for enclosed detached structures shall not
be permitted under any circumstances. All enclosed detached structures must be
adequately supported and constructed so that the enclosed detached structure has no
visible sagging or warping. No garage roll up doors allowed. No window A/C units
allowed. No pipe is allowed. Additional landscape screening may be required.
c.
Page 25 of 83
Dimensions: The top of the enclosed detached structure at its lowest point shall not be
higher than ten (10) feet from ground level (typical first floor plate height). The roof
must be a minimum of a 4/12 pitch and not exceed the pitch of the roof on the home.
Flat roof covers are not permitted. No enclosed detached structure cover shall protrude
from the sides of the residence. Covers may not encroach into the side building setback.
The maximum height of the walking area shall be no greater than twelve (12) inches
measured from the natural ground. The total size of the unattached covered patio
structure shall not exceed four hundred (400) square feet (20 x 20).
19.
20.
Gazebos:
A “gazebo” shall be defined as a free standing and roofed, open framed structure whose
purpose shall not be for any type of open storage.
a.
Gazebos must be located in the rear yard and must be a minimum of five (5) feet from
side fence lines and five (5) feet from the rear fence line. No Gazebo may encroach
the utility easement without written consent from the utility companies’ involved. Any
lights attached to the structure must be positioned so that light does not spill over onto
adjacent lots. Gazebo must be maintained at all times.
b.
decay, such as pressure-treated yellow pine, redwood, cedar or treated wood painted a
color and shade similar to and harmonious with the exterior of the residence. Roofs
must match the material used on the main residence. Additional landscape screening
may be required.
c.
Dimensions: The maximum height of a gazebo shall not exceed ten (10) feet measured
from the natural ground to the highest point. The roof must be a minimum of a 4/12
pitch and not exceed the pitch of the roof on the home. The maximum height of the
walking area (deck) shall be no greater than twelve (12) inches measured from the
natural ground. The total size of the gazebo shall not exceed one hundred twenty (120)
square feet.
Outbuildings:
Outbuildings (i.e., tool or storage shed, and other exterior buildings) are to have an exterior that
architecturally compliments the exterior of the main dwelling. The roof of an outbuilding shall
conform to the provisions relating to roofing materials.
a.
Location: Outbuildings shall be located in the rear yard, behind the primary dwelling, so
they are screened from public and private view to the maximum extent possible by land
or permanent structures (such as the house, garage or wood fences). Outbuildings must
be located in the rear yard and must be a minimum of five (5) feet from side fence lines
and five (5) feet from the rear fence line. No outbuildings may impede the drainage on
the lot or cause water to flow to an adjacent lot. Additional landscaping may be required
if the outbuilding will be visible from any street or common area. All structures
including but not limited to outbuildings must be maintained in a good condition at all
times. An owner may be required to remove an outbuilding if it is not properly
maintained or unsightly, as determined by the Reviewer.
Page 26 of 83
b.
Size: Outbuildings shall not exceed seven (7') feet six (6") inches in height when
measured from the natural ground to roof peak (this includes any blocks or decking) and
must not exceed one hundred twenty (120) square feet of floor space.
c.
Material: Metal, plastic, vinyl, and wood are allowed with colors that are
complimentary to the home. The roof must be peaked and have a minimum 4/12 roof
pitch match and not exceed the pitch of the roof on the home. Corrugated roofs for outbuildings shall not be permitted under any circumstances. Additional landscape
screening may be required. Outbuildings on lots with open wrought iron fencing may be
subject to acceptable screening measures to block from public view.
Lots which back-up to or are located along the side of the lake are prohibited from
having outbuildings.
d.
21.
Solar Screens, Storm/Security/Doors, and Storm/Film/Windows:
a.
Solar screens may be installed on all windows on the front, side or back of the house.
No solar screens may be installed unless 20 X 30 mesh or a maximum 80% UV rated
screens are used. An acceptable material for solar screening is a heavy gauge vinyl
mesh that is available in brown, dark gray or black. The mesh must be enclosed and
framed in aluminum that is compatible with the overall color scheme of the contiguous
surface of the window on which it is installed. The mounting of the solar screen should
not detract from the overall appearance of the house.
b.
Storm and or security doors shall be permitted on the front and rear of homes at the
reviewer’s discretion. Storm or security doors must be installed to match the existing
door to include, but not limited to, door color, trim color, and hardware appearance (i.e.
bright gold hardware shall not be permitted on a home with brass colored door
handles). Storm or security doors must be full glass. No screens shall be permitted. The
door’s glass shall not have any designs, etchings, engravings, iron or other decorations.
The entire frame must be consistent with the colors of the existing door and or trim of
the home as so determined at the reviewer’s discretion. Kick Plate(s) are not permitted.
c.
Window film may be installed on the front, side, or back of the home. No window film
is allowed unless the visible light reflected is 35% or less. The only acceptable colors
for window film are gray, charcoal or crystal/light silver clear film. Absolutely no
mirrored, fully reflective bronze or any other colored film is allowed on any
windows.
d.
Storm windows must have divided light characteristics and be architecturally consistent
with the architecture of the house. All storm window frames must match the window
trim of the house. Rolling shutters are not acceptable.
e.
No signs, numerals or other writing may be written on or placed in the doors, windows
or exterior walls of any dwelling except the property address installed from original
construction.
f.
Security and/or burglar bars are not permitted.
Page 27 of 83
g.
Maintenance: All solar screens, window film, storm doors and storm windows must be
maintained in such fashion that they do not detract from the neighborhood.
22.
Awnings
Awnings are prohibited.
23.
Perimeter Lot Fencing:
Fencing must be in accordance with the Residential Design Guidelines.
(See Appendix F specific to Cove Section 7)
a.
Material: Both metal and wood fencing will be used. All hardware connections are to be
screw or ring shank nails, on a straight-line guide. No used material is allowed. The
finished side shall face public view. Fences are to be kept in good repair.
b.
Fence Sealant, Paints or Stains: In order to prevent inconsistent color matches with the
fences throughout the community, the application of any sealant, paints or stains is
prohibited on any lot fencing. Wrought Iron fencing must be maintained and painted
black.
c.
Prohibited Fencing: Vinyl, chain link, lattice and wire fencing shall not be permitted.
d.
Fence Locations: Front fences shall be set back a minimum of ten feet (10’) and
maximum of fifteen feet (15’) from the front corner of the house unless there are
conflicts with windows or other architectural elements of the house. Fencing along
interior property lines will be on the property line. At the street side of corner lots, a
minimum side fence setback of ten feet (10’), equal to the side building setback is
required. In addition, corner lot fencing must be located a minimum of ten feet (10’)
and a maximum of fifteen feet (15’) from the back corner face of the home. Side
interior fences more than ten feet (10’) long require a planting buffer. Please refer to the
attached Appendix “C” Plant Quantity Requirements and Appendix “D” Approved
Plant List.
e.
Prohibited Accessories: No items are permitted to be attached to fence, including but
not limited to star décor, hanging baskets, iron décor, hose reels, etc.
f.
On all lots with detached garages, a breezeway fence is required between the detached
garage and the home. This fence shall be a minimum of four (4) feet in height and a
maximum of six (6) feet and shall be constructed of wood, wrought iron or brick
depending on location. Detached garages on Corner Lots shall have a four (4) foot
masonry fence to match the masonry of the house with optional wrought iron up to two
(2) feet attached to the masonry, for a maximum total height of six (6) feet.
g.
For detached garages on Interior Lots, the breezeway fence can also be constructed of
wood, the good side of the fence shall face to the outside, and the gate shall be of the
same material. If constructed of brick, the brick color shall be the same as the home
Page 28 of 83
and the gate shall be made of wrought iron. The maximum height for a fence in this
location is six (6) feet.
These fences shall extend from the rear of the house parallel to the side property line
extending to the rear property line.
24.
Metal, Wrought Iron and Aluminum Fencing:
a.
For those lots where such metal fencing is required, the fencing height is to be
consistent with the original height before replacement and must be painted black, unless
otherwise approved by the Reviewer. All metal fencing should be of manufactured
product that uses pre-galvanized steel with a zinc phosphate primer coating and a
topcoat paint finish. All mounting hardware should be of bracket design. All metal
fencing must have a flush mount bottom rail. All metal fencing is recommended to have
a minimum 15 year manufacturer warranty. The following specs apply to metal fencing:
Post Size:
3” square
Picket Size:
¾”
Rail Size:
1 ½”
The metal pickets must be a maximum of four (4) inches on center. No decorative
elements are permitted unless specifically approved by the FOUNDER or the
Reviewer.
b.
Bottom portion “puppy bars” are permitted. Puppy bars include the addition of one
wrought iron horizontal bar and with additional vertical bars attached as needed and
must be consistent with original fencing (see sample photo below). No mesh is
permitted along fencing.
Page 29 of 83
25.
c.
Dog runs, pool fencing, or any additional fenced in areas must be approved and must be
consistent with original fencing. If metal fencing is used to enclose a pool, all applicable
city/county laws must be followed.
d.
Metal gates must be a minimum of thirty six (36) inches in width and may not exceed
forty two (42) inches in width. No double gates will be allowed.
e.
Fence Borders:
All yards with wrought iron fencing may install fence borders, with prior approval, as
an alternative to puppy bars under the following conditions (sample photo below):
i. Location: Borders may be installed along interior side of fencing and are only
permitted along the bottom of the entire fence’s perimeter
ii. Size: Borders may not exceed eighteen (18) inches in height, when measured
from natural ground
iii. Material: Borders shall not be made of plastic, wood, masonry, vinyl, chain link,
lattice, mesh or wire. Permitted borders shall be constructed of metal and must
match color of original fence
iv. Maintenance: Landscaping is required to be properly trimmed around all
additional borders. If at any time fencing becomes faded, rusted, and/or
dilapidated owner is required to remove, repair, and/or replace.
v. Prohibited Accessories: Borders shall not contain any ornate/decorative
elements. Further, fencing border are not permitted to be attached to any existing
wrought iron fence, and must be properly staked in the ground.
Metal Driveway Gates:
Metal driveway gates will be permitted provided the gate is behind the front building line. All
gate equipment is recommended to be located inside the gate; however if gate equipment is
outside gate it must be screened from public view. If gate arm is located outside of gate, arm is
required to be painted black. Gates should open into the property and should not swing out
toward the street unless the gate would block a doorway. Any variances must be approved in
advance by the modifications committee. No initials, symbols or decorative elements may be
incorporated into the fence or gate without specific approval. Wooden driveway gates are not
permitted. Metal gates must be painted black unless otherwise approved by the Reviewer
Page 30 of 83
26.
Wood Fencing
Where wood fencing is allowed, the following standards are recommended:
a.
Fence sides visible to the public must be the “finished” side.
Maximum
height of any fence, regardless of construction material will be six (6) feet.
Lattice fencing is not permitted.
All internal privacy fences shall
be two rails. Posts shall be a maximum of eight (8) feet apart. No front yard fencing is
allowed. Side yard neighboring fences should align with each other and be no closer
than ten (10) feet set back from the front building line. All cedar fencing visible from
the street or common area shall have all pickets nailed on the street side or common
area side of the fence so that no rails or posts show when viewed from the street or
common area; unless “good neighbor” fencing is permitted. Additional or replacement
fencing should conform to existing type of fencing on street/neighborhoods.
b.
Pickets 1x6 Cedar, Lumber Grade #1 or #2 (no wane, rot, holes, spike or soft knots)
Posts 4x4 Treated Yellow Pine, Lumber Grade #2, treated Grade .40 cpf Rails 2x4
Treated Yellow Pine, Lumber Grade #3, Treatment Grade .25 cpf.
c.
Wood fences may not be altered in any form or fashion to incorporate any artistic
design, cutouts, wagon wheels, etc. No painting, staining or varnishing of wood will be
permitted.
d.
Wooden gates may not exceed forty two (42) inches in width. No double gates will be
allowed.
(See Appendix A #23 specific to Lakeland Heights)
27.
28.
Breezeway Gates/Fencing:
Breezeway gates/fences must not exceed six (6) feet in height. Gates/fences must be
maintained at all times. On corner lots, breezeway must be a minimum height of four (4) feet
of masonry wall to match brick on home.
a.
Wrought iron fences/gates must be painted black unless otherwise approved by the
Reviewer.
b.
Wood fences may not be altered in any form or fashion to incorporate any artistic
design, cutouts, wagon wheels, etc.
c.
Brick fences must not exceed six (6) feet in height and must match the existing brick of
the home.
d.
Lattice is prohibited.
Fencing as Screening
Utility meters, A/C units or other equipment shall be fully screened from public view with
fencing and/ or landscape. Fences must not exceed fencing location requirements. A/C units
located behind wrought iron fences shall also be screened with landscaping. If landscaping is
used, it shall create a solid screen immediately when planted. Please refer to the Attached
Appendix “D” Approved Plant List.
Page 31 of 83
29.
Front Yard Signage:
A.
Front Yard School or Youth Affiliated Sports signs:
Approved community, local elementary, middle, and high school youth affiliated sports
signs shall be permitted under the following conditions:
a.
Location: Signs must be located in the landscaping beds and blend in with the existing
shrubbery or trees.
b.
Size: Signs are to be no larger than 36” x 42” and may not exceed five (5) feet in height
above natural ground.
c.
Materials: Signs are to be of wood, plastic or metal and must not be flags or banners as
determined by the Reviewer in its sole discretion.
d.
Maintenance: All accessories shall be maintained in such a fashion as to not detract
from the neighborhood.
e.
College, academy, trade school or other youth affiliated/ sports signage shall not be
permitted
f.
Prohibited Signs: Signs should be in good taste and shall not be obnoxious to the eye or
cause embarrassment, discomfort, and/or annoyance. Signs should have no commercial
advertisements.
B.
For Sale/Lease Signs:
a.
An Owner may erect one (1) sign on his or her Lot, not exceeding 2’ x 3’ in area,
fastened only to a stake in the ground and extending not more than three (3) feet above
the surface of such Lot advertising the property for sale or lease.
b.
Not permitted in windows or attached to fences.
C.
Security Signage:
Only one (1) standard professional security company sign is permitted to be displayed
in the front yard with exception of the following:
1. Corner lots – these residences are permitted to have one (1) security sign
displayed in front of the home and one (1) security sign displayed on the
side of the home.
2. Double mounted security signage - Any owner may have two (2)
professional security signs of different types (i.e. alarm monitoring and
camera services), provided that both signs are properly mounted on one
(1) single pole.
Furthermore, all security signage must adhere to the conditions listed below:
a.
Location: Sign must be located in the landscaping beds and blend with existing
shrubbery or trees
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30.
b.
Size: Signage dimension shall not exceed 9” X 9”. Pole height shall not exceed 18”
from above ground level
c.
Maintenance: Signs shall be maintained in good condition at all times. Owner is
required to remove the sign(s) if at any time the sign(s) becomes faded or dilapidated.
d.
Prohibited Signs: Signs should be in good taste, and shall not be obnoxious to the eye
or cause embarrassment, discomfort, and/or annoyance. Signs should have no
commercial advertisements and shall not reveal threatening verbiage and or
images.
Walkways:
Walkways should be a complimentary component and should not compete visually with the
house and/or landscape.
a.
A walkway must be at least three (3) feet in width and no more that five (5) feet in
width.
b.
Walkways must be a minimum of three (3) feet from the side fence lines. Sidewalks
encroaching into dedicated easements are done at the owner’s risk.
c.
Walkways should be constructed of unit masonry, quarried stone or concrete. Asphalt,
stained or painted walkways are strictly prohibited.
d.
Required Submittal Information: Along with the completed application, a copy of the
lot survey by a professional land surveyor is required (the survey received at closing).
A second survey (same as above) is required with the walkway imaged onto the survey.
e.
Public sidewalks may not be visually or physically broken by crossing walkways.
31.
Patio/Decks/Concrete Slab:
a.
Location: Ground level decks may not exceed twelve (12) inches in height above
natural grade and may not encroach on any easement nor extend beyond the building
line. Patio, Deck and/or Concrete Slab must be a minimum of five (5) feet from all side
and rear fence lines.
b.
Materials:
All above ground structures shall be made of either weather
resistant wood or of masonry; metal or vinyl are not permissible for upper level decks.
If wood is used on the improvement, it must be weather-resistant such as cedar or
wolmanized pine. It may be painted to match the house colors, stained a natural wood
color, treated with a substantially clear wood preservative or left raw to weather
naturally. If masonry is used, either bricks or stucco that matches the house or concrete
may be used. In all cases, the design and materials must complement the house design.
On upper level decks, both the stairway and deck require railings for safety.
c.
Maintenance: All decks shall
not detract from the neighborhood.
be
maintained
in
such
a
fashion
Page 33 of 83
as
to
32.
Landscaping Approach:
All yards shall be landscaped with a minimum combination of trees, shrubs, ground covers and
grass as shown in the planting chart. Please refer to the attached Appendix “C” Plant Quantity
Requirements and Appendix “D” Approved Plant List.
Front yard landscaping shall be done in such a manner to provide a colorful and complimentary
foreground to the residence. Avoid placing large trees and plants in front of significant
architectural features. Avoid shade trees planted exactly in the center of the yard. Front yard
landscaping shall be used to screen driveways and large blank facades of the residence.
Planting beds are to be curvilinear with the shrubs massed in tiers. Smaller shrubs and ground
cover are to be placed in the front of the bed. Larger shrubs shall be placed in the rear of the
bed. Groupings of shrubs of the same species provide a substantial look.
Care shall be taken when planting large trees and shrubs near the foundation. Large trees and
shrubs shall be planted no closer to the foundation than two (2) times the diameter of the root
ball of a mature plant.
Radius beds shall be placed 8 feet minimum from the house. Widths of the beds shall vary.
Planting beds, in addition to foundation plants, shall extend toward the front property line to
offer a more lush appearance to the community. Mulch all planting beds with at least 2" deep
shredded pine, black rubber mulch, or hardwood mulch. Other materials to be used in place of
mulch will be submitted to the Reviewer for approval.
Gravel and rock may be used at drip line of house, but is not permitted for use or substitution
for shrubs, ground cover, and mulch or grass lawns. Specimen boulders may be permitted upon
review and approval of the plan by the Reviewer.
33.
Front and Rear Yard Planting Beds:
Placement of beds will be reviewed on a case by case basis. Decorative rock is not allowed as a
ground cover. Any alterations to the front or rear yards must be approved. Please refer to the
attached Appendix “C” for Plant Quantity Requirements.
a.
Location: In addition to the required plant beds located five (5) feet from the house
foundation, landscape beds adjacent to the sidewalk/driveway must be a minimum of
three (3) feet and a maximum of six (6) feet in width and must continue the length of
the sidewalk/driveway but may not cross the public sidewalk. Corner bed planting is
permitted subject to approval. Isolated planting between the sidewalk and street is not
permitted. Plant beds in front of wing walls can be eliminated with approval on a case
by case basis based upon other landscaped areas within the yard however, may not be
reduced in size and must always contain live plant material (no empty beds).
b.
Materials: Please refer to the attached Appendix “D” for approved plant list.
c.
Maintenance: Plant beds must be maintained in such a fashion as to not detract from the
neighborhood which includes pruning and weeding.
Page 34 of 83
34.
Plant Bed Edging
a.
Plant bed edging is not required. If edging is installed, it must be in keeping with the
architecture and materials of the residence.
b.
Scalloped concrete borders, loose builder bricks, plastic edging, and landscape timbers
etc., are not permitted.
c.
River or bull rocks may be used as plant bed edging in accordance with the following
specifications: When used as edging the edging width may not exceed eight (8) inches
wide and shall not cover more than twenty-five percent (25%) of the plant bed. Rock
size must be a minimum of 2.5 to 3 inches in diameter. Rocks are not permitted to be
used as ground cover or as an alternative to mulch and / or sod. No pebble or gravel
rocks shall be permitted.
d.
Plant bed edging requirements are not limited to those listed in these Guidelines.
Additional use of river or bull rocks within plant beds for decorative purposes may be
considered on a case by case basis upon the Reviewers approval. Plant bed edging
materials and construction design shall be submitted with the landscape plans prior to
installation.
35.
36.
Trellises
a.
Location: Trellises will only be allowed in a front yard alcove or in the rear of the
home. Trellises must be flat and can not stick out more than six (6) inches from the
surface they are attached to. Trellises can not be attached to fences. Maximum height is
six (6) feet from grade and no wider than six (6) feet across. A maximum of two (2)
trellises will be allowed in a front yard alcove and/or the rear yard. Trellis type
structures which are attached to or placed in planters in front yards are prohibited. This
would not be considered live plant material and should be removed accordingly.
b.
Materials: Trellises must be constructed of wrought iron.
c.
Maintenance: Trellises shall be maintained in such a fashion as to not detract from the
neighborhood and must be maintained with living landscape materials at all times.
Street Trees in Right-of-Way
Street trees are required in the street right-of-way in the area that extends from the curb to the
sidewalk. Each neighborhood will have a single species of street tree to reinforce
neighborhood identity (see Appendix “C” for quantity and Appendix’s “E” for species).
Refer to the Street Tree Master Plan in the Appendix of these Guidelines for detailed
information on street tree type required.
Page 35 of 83
The spacing of the trees will be at forty feet (40’) on center along all streets within. This applies
on all street frontages whether at the front of houses on an individual lot, or at the side of a
corner lot. The street trees are recommended to be replaced at a size of three and a half (3 1/2'”)
inches in caliper, however, may be no less than two (2) inches in caliper. The trees shall be
centered between the back of the curb and the edge of the sidewalk. Refer to the figures below
for the street tree locations.
Harris County requires that street trees be located forty feet (40’) back from all county street
signs (along the site line) to avoid the street tree obstructing the view of the sign.
The owner is responsible for maintenance of street trees within the right-of-way adjacent to
their lot. In the event that any street tree in the right-of-way is lost due to damage or disease,
the owner shall immediately replace it. Trees along the streets shall not be changed,
relocated, or removed without prior consent from the Reviewer.
37.
Boulders/Rocks in the Right-of-Way
Boulders/Rocks located in the right-of-way are a violation of Harris County policy and are not
allowed.
38.
Irrigation
Irrigation is preferred, but not required on lots. Sprinkler heads shall be located to effectively
and evenly water intended area with 100% coverage while minimizing overthrow onto
pavement, walks, etc. Care shall be taken to avoid irrigation spray and runoff on adjacent
property. All irrigation systems shall be designed and installed by a licensed irrigator in the
state of Texas and be equipped with a backflow prevention device as mandated by appropriate
local code. (See Appendix A specific to Lakeland Heights)
39.
Grading/Drainage
The Owner shall ensure that the placement of any improvement or landscaping does not halt or
materially impede drainage flowing off of a neighboring tract, and does not redirect the flow or
significantly increase the amount of water flowing onto a neighboring tract. Enforcement of this
requirement is by the affected property owner(s).
Graded slopes shall not exceed 3:1. All slopes shall be properly stabilized to prevent erosion. Lawn
areas should have slopes of at least 2% to prevent standing water. Generally, driveway slopes should
not exceed 7%.
a.
Grading at Lot Perimeters General. Grading beyond lot boundaries is not allowed.
b.
Drainage onto Adjoining Lots. Adjoining properties shall be protected from flooding or
surface drainage.
d.
Parcel Drainage. Drainage discharge points for each neighborhood and community have
been predetermined. Grading at lot edges should provide for positive drainage away from
perimeter property lines and back towards internal street or drainage facilities.
e.
On waterfront lots, special attention should be paid to controlling runoff into the adjacent
body of water. Waterfront lots include lots that are adjacent to lakes, bayous, ponds, or any
other water body or wetland.
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40.
1.
Wherever possible, drainage shall be directed away from this body of water to avoid
soil, fertilizer, pesticides, petroleum products, and other chemical runoff. The
dumping of any foreign material into the water body is strictly prohibited.
2.
The eighteen (18) inch terrace grading with a 2% slope at the curb for the sidewalk,
shall be maintained or replaced after construction of the house.
Outdoor Carpeting:
a. Outdoor carpeting is not allowed.
41.
42.
Birdhouse / Feeder:
a.
A maximum of one (1) pole mounted birdhouse or feeder per lot, will be permitted in
the rear yard only. Birdhouse or feeder may not exceed twelve (12) feet in height and
must be placed toward the middle of the back yard and not visible from the fronting
street. Birdhouse or Feeder must be at least five (5) feet from the side and rear property
lines.
b.
A birdhouse or feeder that is pole mounted must be mounted on a two (2) inch diameter
metal pipe painted black.
c.
In addition to one pole mounted birdhouse or feeder, a maximum of two (2) hanging
birdhouses or feeders will be permitted to hang per shade tree in the rear yard, with a
maximum total of four (4) per lot.
d.
Maximum allowable size of the birdhouse or feeder itself can not exceed two (2) feet
height by two (2) feet wide by two (2) feet deep.
e.
No birdhouses or feeders to include hanging (tree mounted) or pole mounted will be
allowed in the front yard.
Carports
Carports are not permitted on any lot.
43.
Garage Conversions:
Conversions are not permitted. No garage shall be enclosed, modified or otherwise used so as
to reduce its capacity for parking vehicles below that originally approved by the Founder unless
alternative arrangements for enclosed parking are approved by the Reviewer
44.
Temporary Shade Structure:
One temporary shade structure is allowed, per property. They may not be excessively large and
must be maintained in good condition at all times. They shall also meet the colors scheme of
the home, may not be attached to the home and are only utilized seasonally and not be used as
Page 37 of 83
permanent structure. Additionally, temporary shade structures do not include awnings, tents,
tarps or any other unattached shade structure.
45.
Flags, Banners & Flagpoles:
Attached to the Home:
A. Banners/Flagpoles which are attached to the home, one (1) six (6) foot banner or
flag mounted on a flagpole attached to the front, garage or rear of the home, no
higher than ten (10) feet from ground level, is permitted.
B. No banners/ flagpoles shall be attached to the side or roof of the home
C. Banners/flags flown from the homes must be tasteful and shall be maintained at all
times. Deteriorated, faded, tattered or torn flags shall be promptly replaced or
completely removed. Any banners/flags which are deemed unsightly, distasteful,
offensive or obtrusive in any way shall be removed. Final determination is left at
the full discretion of the Board of Directors as deemed fit for the community.
D. Freestanding flagpoles are not are permitted in side yards.
Freestanding Flagpoles:
One freestanding flagpole will be permitted in accordance with these guidelines:
Pole Requirements:
A. The overall height of the flagpole (including the topper) shall not exceed twenty
(20) feet from ground level and cannot exceed (10) feet from the house. Flag pole
must be located directly in front or at the rear of the home, pole not permitted on the
sides.
B. Installation of freestanding flagpoles shall be installed in a professional manner and
in accordance with the manufacturer’s specifications as well as any government
regulations that apply; which is the responsibility of the homeowner.
C. Installation of a pole which is less than ten (10) feet tall shall not be allowed.
D. The flagpole shall be constructed of aluminum, with a diameter no greater than 4”,
and of a single piece. No sectional flagpoles are allowed. The flagpole shall be
constructed and sold for the sole use as a flagpole.
Flag Requirements:
A. The flag(s) shall not exceed three (3) feet by five (5) feet.
B. The flag(s) shall be maintained in good condition at all times. Deteriorated, faded,
tattered or torn flags shall be promptly replaced.
C. The only types of flag(s) which will be permitted to be flown from a freestanding
flagpole shall be as follows:
i. The flag of the United States of America;
ii. The flag of the State of Texas;
iii. An official or replica flag of any branch of the United States armed forces
No other types of flag(s) will be permitted to be displayed from a freestanding flagpole.
Additional Requirements:
A. Lighting shall be installed in such a way as to not cause spill over on adjacent
properties and shall only be as bright so as to illuminate the flag properly. Lighting
may only illuminate white. No other colors of lighting shall be permitted.
Page 38 of 83
B. The freestanding flagpole shall be installed in a location so as to be at the rear of the
home, may not protrude from the sides of the home and must be placed in
accordance with the following location requirements:
i. The flagpole shall not be any further than 10’ from the rear of the
home;
ii. The flagpole shall not encroach on any utility easement, right of way
or set back;
iii. The flagpole shall be at least 10’ from the rear fence;
iv. The flagpole shall be at least 10’ from any side fence
C. A flag must be flown from the pole at all times. Poles which do not display a flag in
accordance with these specifications will not be permitted and shall be removed.
D. Noise levels must be reduced so as not to be heard by neighboring properties. This
may be accomplished by the use of plastic cleats, wrapped cleats, noise dampers and
or foam bumpers to prevent and eliminate clanking sounds.
46.
Outdoor Shades and Curtains:
Attached to Rear Patios / Porches
A. Outdoor shades or curtains are permitted on the rear of the home only.
B. Shade or curtains must be attached to the home’s rear patio / porch.
C. Shade or curtains must be of a neutral color, harmonious to the exterior colorings of
the house, and must be maintained in a neat and orderly appearance at all times.
D. All Materials must be submitted for approval prior to installation.
47.
Window Coverings:
Shades, Blinds & Curtains
A. Interior window coverings which are visible from the exterior of the home must be
shades, blinds or curtains. Unsightly window coverings such as, but not limit to,
sheets, tin foil, newspaper or cardboard are not permitted.
B. The backing of all window coverings (side facing outward) must be of a neutral
color, harmonious to the exterior colorings of the house, properly installed, neat and
orderly in appearance, and maintained (no crooked shades, cracked, broken or
ripped) at all times.
C. Pull down shades are permitted so long as the backing is in compliance with these
guidelines.
D. Professionally installed blinds which are made of paper material will be permitted;
however, they must be installed in a manner conductive to these guidelines.
Coverings which are crinkles materials, torn, fallen or in disrepair are not permitted.
E. Window coverings must be attractive and conductive to the streetscape of the
community as determined at the sole discretion of the Board of Directors.
48.
Rear Yards:
a.
Hammocks:
Hammocks are permitted in rear yards only, must be properly hung (not permitted
attached to fences), shall be harmonious to the home and must be maintained in good
condition at all times.
Page 39 of 83
b.
Hanging Baskets and Planters:
Hanging Baskets and planters are permitted in the rear yard only so long as they are
displayed in a neat and orderly manner, maintained and contain live plant material at all
times. Empty planters shall promptly be removed and stored out of public view.
c.
Kayaks:
Kayaks are not permitted to be attached to the fence, side, or front of homes.
Kayaks may be attached to rear of home, in which mounting hooks must be maintained
in such a fashion as to not detract from the neighborhood.
d.
Gardens:
Fruit and vegetable plantings are permitted in rear yards only. Plantings and gardens
are allowed in accordance with the following:
Fruit and vegetable plantings are permitted in new or existing beds, however,
when planted on lots with wrought iron fences plantings must be screened from
public view. Structurally raised beds must be a minimum of five (5) feet from
the side and rear fence lines.
All beds and plant material must be maintained in a healthy, neat and attractive
manner so as not to detract from the neighborhood, to include but not limited to,
pruning and weeding. If owner is unable to maintain raised garden or plantings;
the garden may be converted to a flower and/or greenery bed or removed and
restored to suitable grass.
49.
2nd Story Balcony:
2nd story balcony structures are considered to be additions to the rear of the residence with a
specified floor height above ground level.
a.
Location: 2nd story balcony structures must not encroach the rear or any side lot lines.
The 2nd story balcony can not extend past the slab on the side of the home. 2nd story
balconies may not encroach the building line. When this addition occurs on a home that
is located directly behind that of another home; the balcony can not be located any
closer than thirty feet (30’) to the rear fence.
b.
Material: Submitted plans must be professionally drawn showing all dimensions. A
list of materials shall be included with the submission (this includes the type of balcony
railing to be used). The standard, type, quality and color of the materials used in the
construction of a 2nd story balcony must be harmonious with the standard, type, quality
and color of the materials used in construction of the main residence (wood and/or
brick). All balconies must be adequately supported and constructed of sturdy materials
so the balcony has no visible sagging or warping. Supports must be painted wood,
treated wood or masonry. No pipe is allowed. If all or a portion of the 2nd story
balcony is to be covered, the roof addition above the balcony must be shingled and
match the existing roof pitch. Corrugated roofs shall not be permitted under any
circumstances. Wrought iron Spiral Stair cases shall be considered on a case by case
basis dependent upon the style of the home and type of improvement.
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c.
50.
51.
Cameras:
b.
Camera(s) or their field(s) of vision shall not be placed to be focused on any
neighboring property.
c.
Security cameras shall be tucked up under the eaves of the home. Any other location to
be approved at the discretion of the Design Review Committee on case by case basis.
d.
Security devices such as cameras, sirens, and speaker boxes shall be the minimum size
needed to be effective and not visible to public view and preferably mostly contained
within the home.
e.
Cameras and other security devices shall be harmonious with the color scheme and
blend with the trim of the home.
Screened Patio/Porch:
A “Screened Patio” is defined as a patio enclosure constructed with screen walls.
a.
b.
c.
D.
Dimensions: The 2nd story balcony shall not exceed four hundred square
feet (400 sf). The height of the floor of the 2nd story balcony must match the existing
floor of the 2nd floor of the home (or match the 1st floor plate height).
Location: Screened Patio/Porch must not encroach on any utility or drainage easement,
nor shall it violate the building setback lines applicable to the residential dwelling on
any lot. Patio/Porch must not interfere with drainage or cause water to flow onto any
adjacent lot.
Material: High quality black screening. Wood or Aluminum frame must be of neutral
color and harmonious with the existing color of home. No metallic or direct reflecting
style of aluminum will be permitted. Applicants may be required to submit actual
samples of the proposed screen and framing applied for approval. Additional landscape
screening may be required.
Maintenance: If screen becomes torn, faded, or dilapidated screen must be replaced
accordingly. Frames must also be maintained in good condition at all times.
Design Review Committee
1.
Meeting Notice:
All DRC meetings shall be open to residents; however those attending who wish to address the
committee must be placed on the agenda in advance. If an owner requests to attend a DRC
meeting to discuss a modification or provide feedback a written notice must be submitted (7)
seven business days prior to scheduled meeting date. Upon the receipt of the written notice the
Association will send a meeting invitation with (5) five business days of the meeting by: (i)
first class mail (ii) facsimile or electronic mail. Please note that the reviewers will not provide
final decisions during/after any owner’s presentation. As described in section 5.3 of the Charter
for Bridgeland Northeast Community the Reviewer shall notify the owner in writing of the final
determination no later than 30 business days after the receipt of the notice.
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2.
Design Review Committee Member Absences:
The obligation for each member is to attend all scheduled meetings for the committee which
occurs on the first Tuesday of every month, unless rescheduled due to holidays. If a member is
absent for 3 (three) consecutive meetings for unacceptable reasons the committee members
may vote to remove the member in question from the committee.
3.
Design Review Committee Member Term of Service:
Each resident member of the Design Review Committee (DRC) will serve a term of no more
than three (3) years. A resident may serve on the DRC for another term of three (3) years after
a minimum of one (1) year hiatus unless there are no other resident volunteer(s) or if any other
candidate(s) are not perceived to have the intent to serve with the best interest of the
community. The terms of the Design Review Committee members must stagger with the
schedule to be maintained by the Committee Secretary / Time Keeper.
Each member of the DRC will be assigned a position from one (1) through nine (9). Any new
member to the Design Review Committee will fill one of the nine (9) positions. Should a
resident choose to resign from the Committee or if a resident is removed from the DRC prior
to the completion of his/her three (3) year term, a new member will serve to the completion of
that position’s term.
Initial Schedule, each of the members will be rotated out of the Design Review Committee
according to the following design:
Positions 1 – 3 will serve until January 2016. At the end of their term, three new members
will serve from 2016 thru 2019. Positions 4 – 6 will serve until January 2017. At the end of
their term, three new members will serve from 2017 thru 2020. Positions 7 – 9 will serve until
January 2018. At the end of their term, three new members will serve from 2018 thru 2021.
This pattern will continue going forward.
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Appendix A- Lakeland Heights Modifications
A. Development Standards
1. Exterior Painting
No exterior surface of any residence, garage or other structures on any lot shall be painted a
color different from the original Founder or the Reviewer approved color without prior
approval of the Reviewer. Two (2) of each color sample or “paint chip” of the proposed
exterior color(s) must be included with each application submitted to the Reviewer. A
sample of the existing paint color must also be included with each application. Please refer
to the following Exterior Color Schemes Chart (Exhibit 1A), for a list of approved colors.
Garage doors must be painted to match the field brick or trim. Brick on the home,
sidewalk, and/or driveway may not be painted or stained. The following additional
guidelines shall also apply:
e.
Harmonious Colors – The proposed colors must be harmonious with each
other and with the colors of the exterior brick and roofing materials.
f.
Trim – Soffit, fascia boards, window and door trim and rain gutters must
also be harmonious colors; however, the shades of trim color may be
shaded to compliment (lighter/darker) the principal color of the residence
or garage.
g.
Gutters – When rain gutters are painted, their color must match the
color of the fascia board trim. When “maintenance free” gutters are installed or
replaced, their color must match (as closely as possible) the fascia board trim.
6. Front Yard Accessories
Front yard accessories shall be permitted under the following conditions:
e. Lakeland Heights allowed items: (all front yard accessories must be submitted for approval
prior to installation)
• Hanging Baskets (steel frame with fiber insert) limit of 2 per front porch
Outdoor Furniture
a. Front Porch / Entry Furniture
7. Porch swings are limited to 2 per home.
7. Outdoor Lighting
a. alleyways- all garages shall have one recessed down light or one decorative wall
sconce on each side of the garage door. Lights shall be hard wired and on photocell (No
flood lights are allowed).
b. private garden area- additional down lights in eaves, wall mounted lights with cutoff
shields or wall sconces may be installed to light outdoor use areas. Unshielded flood
lights shall not be used. Lighting should be on an energy-saving timer to turn off before
12 pm. Exterior lights located on the second story of homes are prohibited.
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c. uplights- uplights with shields to hide source may be installed on trees or to highlight
architectural accents. The lamp within the uplights shall be white only and may not
exceed three 20 watt bulbs per tree. Tree mounted ‘moon lights’ are not acceptable.
8. Drive-ways:
Drive-way extensions• An additional parking space may be added next to the side of the garage on
detached garages only. Size not to exceed 10’ wide and not to extend beyond
the depth of the garage. In this situation, the driveway may be extended to
accommodate the added parking space.
• Brick or Stone pavers that coordinate with the house that are added to driveways will only be allowed as part of the initial construction.
• Extensions to driveways connected to alleyways will be considered on a case
by case basis at the reviewer’s discretion.
11. Basketball Goals:
d. Portable basketball goals are not allowed in the front yard, they are allowed in the
rear drive-way only.
A. Perimeter Lot Fencing:
Fencing must be in accordance with the Lakeland Heights Design Guidelines.
A. Fence Types & Requirements
i. Front lot fencing - Front lot fencing is required on designated lots and optional on all other lots.
Existing front lot fencing may not be removed. Entry columns only at front walk is also optional at
lots not designated for front fences. Front fencing shall extend from property line to property line.
Fencing may turn down property lines and connect to 6’ side lot fencing between the houses. A
minimum 2’ wide landscape buffer must be left between the public sidewalk and fence. If fence does
not return down property line to connect to a 6’ fence, fencing must terminate with decorative
columns at the sidewalk and at side lot property line. No two consecutive lots shall have the same
fence design. Fence types shall be as follows:
a. Classical Style- wood, brick, or tubular steel (Type B, C, D and E)
b. English Tudor Style- brick, tubular steel or stone (Type A, B, E or F)
c. French Style- brick, tubular steel, or stone (Type A, B, E, or F)
d. Craftsman Style- wood, brick or stone (Type, A, B, C, or D)
Brick and stone need to be approved. All fences columns to have appropriate structural footings.
Gates at front lot fencing is optional.
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Fence Type A – Stone
Fence Type B - Brick
Fence Type C - Wood Picket
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Fence Type D - Brick Column with Wood Picket
Fence Type E - Brick Column and Base with Tubular Steel
Fence Type F - Stone Column with Tubular Steel
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ii. Fencing between Houses (Front setback) - Fencing between houses shall be set back 20’ from
front building line. Fencing between houses is required and shall be a Lakeland Heights traditional
wood fence (Type G). Fencing between housing should align with any adjacent existing fence. All
fences and columns to have appropriate structural footings.
Fence Type G
iii. Side Lot Fencing - fencing along side lots lines (between houses) shall be Lakeland Heights
traditional wood fence. (6’ good neighbor)
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Good Neighbor Fence
iv. Corner Lot Fencing – Fencing shall be tubular steel with masonry or stone columns and base to be
compatible with the architectural style of the house (Type K or L). Columns to be located at all
property corners and a maximum of 15’ apart. Fencing on corner lots shall be set back 20’
minimum from the front building corner and located 2’ inside the side property line. When the
fence turns and runs parallel to the alley, it shall be located a minimum of 7’ from the edge of alley
paving and terminate with a column at the driveway. A tubular steel fence (see metal fence detail)
with gate shall run from the terminating column along the driveway and end at the house/garage.
The front yard of corner lots shall not be fenced. All fences and columns to have appropriate
structural footings.
v. Alley Fencing - Alley fencing may be type G, H, I, J, K, or L. Fencing along the rear lot line in
alleys is required. Alley fencing shall be placed a minimum of 7’ from the edge of alley paving but
may be placed further from alley paving if desired. The finished side of the fence shall face the
alley. All fences and columns to have appropriate structural footings.
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Fence Type G
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Fence Type H
Fence Type I
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Fence Type J
Fence Type K
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Fence Type L
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Metal Fence
vi. Lots with Terminating Views - Houses that are designated as a terminating view shall have
columns at entry walks. Optional fencing shall be compatible with the architectural style of the
house.
B. Materials and Finishes
Brick and stone materials shall be compatible with the brick and stone of the home architecture. Cast
stone shall be natural, earth-tone color. Wood shall be treated Southern Yellow Pine and Cedar. Side
lot fencing, fencing between houses (Type G) and wood on alley fencing shall have natural cedar
pickets without paint or stains. Front lot wood picket fences are to be painted or stained black, white or
a color compatible with the architecture. Submit colors for approval. All tubular steel fencing shall be
painted or powder coated black.
C. Gates
Gates shall match adjoining fences’ style/color and openings shall not exceed 42” in width.
D. Front Lot Fence Layout
Brick or stone need to be approved. All fences and columns to have appropriate structural footings.
(See Exhibit 2A for required Fence Locations)
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25. Metal Driveway Gates:
Metal Driveway gates are not permitted in Lakeland Heights.
32, 33, 34. Landscaping Components
These guidelines address the following areas: street, front lot, corner lot, alley, and private yard
landscaping.
A. Front lot Landscaping
The front lot landscaping will extend from the back of the curb of the street that the house faces to the
façade of that house.
i. Trees – Minimum of 1 ornamental tree. Trees must be a minimum of 20’ from the street trees. Like
species shall not be planted on adjacent lots.
ii. Shrubs/ Groundcover – 50% minimum (This includes the area from the back of the sidewalk to the
front of the house.)
iii. Shrubs/ Groundcover – 75% minimum for lots with terminating views (This includes the area from
the back of the sidewalk to the front of the house).
iv. Turf – 50% maximum (This % does not include the sod required in the right of way.)
An optional landscape border may be installed along front walk. Plant heights may not exceed 30”.
Reference following list for approved tree species
B. Corner Lot Landscaping
Corner lot landscaping is the side of a lot located on a corner where two streets intersect. Landscaping
on this ‘corner’ is also part of the ‘public’ view and shall be landscaped consistently with/and addition
to the front lot landscaping.
i. Trees – minimum 1 canopy tree and 1 ornamental tree in addition to other required trees that are
included in the front lot landscaping (This includes the area from the back of the sidewalk to the
front of the house.) One tree shall be located within 20’ of alley entry.
ii. Shrubs/ Groundcover – 50% minimum
iii. Turf – 50% maximum (This % does not include the sod required in the right of way.)
A minimum 3’ landscape border shall be continuous along the fencing adjacent to the sidewalks on all
corner lots. Plant height shall not exceed 30”. A 4’ ht. shrub hedge shall be planted on the private side
of the fence and shall be continuous along the length of fencing types with tubular steel such as types J,
K and L.
C. Alley Landscaping
Alley landscaping should promote a pleasant view as the main entry and exit point for residents to their
homes.
i. Trees – 1 of the required private landscape trees shall be planted within alleyway or within 10’ of
alley paving.
ii. Shrubs/ Groundcover – 25% minimum with a maximum of 1/3 of this area being groundcover
iii. Turf – Maximum 75%
iv. A 4’ ht. shrub hedge shall be planted on the private side of the fence and shall be continuous along
the length of fencing types with tubular steel such as types J, K and L.
D. Private Yard Landscaping
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Private landscaping within fenced areas should be planted and maintained to provide shade and provide
a good indoor/outdoor relationship between private areas and homes.
i. Trees – Minimum 1 canopy tree and 1 ornamental tree per lot (one tree to be within 10’ of alley
paving)
ii. Turf – 100% (Shrubs can be added if desired)
E. Corner Lots at Alley Ends
i. Trees – Minimum 1 canopy tree at end of each alley
ii. Shrubs – a single row of shrubs will be installed to screen view into alleyway (reference fence
diagram)
F. Sod
All areas that have sod installed will use St. Augustine. This includes front, corner, alley, private yard
and the area between the curb and the right-of-way where the street trees are located. Lawns may be
“over seeded” with rye grass (maintained to 2 1/2” height). Neither gravel nor rock is permitted for
ground cover.
G. Plant Material
On the following page is a list of approved plant material (Please see Exhibit 3A for the plant list).
Other plant material may be used if approved by the DRC, but priority shall be given to plants from this
palette.
H. Plant Bed Edging
Plant bed edging is not required. If edging is installed, it must be in keeping with the architecture and
materials of the residence. Scalloped concrete borders, loose builder bricks, plastic edging, and
landscape timbers etc., are not permitted. Plant bed edging requirements are not limited to those listed
in these Guidelines. Plant bed edging materials and construction design shall be submitted with the
landscape plans prior to installation.
38. Irrigation
Irrigation is preferred, but not required on lots. Sprinkler heads shall be located to effectively and
evenly water intended area with 100% coverage while minimizing overthrow onto pavement, walks, etc.
Sprinkler heads located along alley ways should be set back 2’ off of alley paving.
Care shall be taken to avoid irrigation spray and runoff on adjacent property. All irrigation systems shall
be designed and installed by a licensed irrigator in the state of Texas and be equipped with a backflow
prevention device as mandated by appropriate local code.
43. Carport
Carports are allowed to be added to the garage and can not exceed 20’ in depth. Must match the
existing structure in regards to materials and roof pitch.
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47. Porches
a. Porches are encouraged when appropriate to the overall architectural character and style of the
home. Porches will serve as either a part of an entry element and/ or as an outdoor living space.
Front and corner side porches will be designed with a minimum depth of 7’0’’. The materials,
scale, proportion and details will complement the overall architectural character and style of the
home. Porch floors with a floor level more that 3’0’’ above finished grade shall be supported
on posts, heavy timber, or masonry posts or piers. A solid masonry skirt wall as well as
screening that is appropriate to the architectural character of the house are also acceptable.
i. Front porches and corner-side porches must be open. Screened or enclosed porches are not
permitted where they are visible from a street or open space.
ii. Porch beams: The width of the porch beam shall be equal to the diameter of the column at
the column neck.
iii. Pilasters or half columns, when used, shall match the porch columns. Pilasters shall be used
when the porch is appended to the main body of the house. When the porch roof is integral
with the main body roof, pilasters are optional. Refer also to the Architectural Style, in the
design guidelines, for specific proportion characteristics of each style.
48. Alley Traffic and Maintenance
i. Traffic – The traffic flow within the alleys shall be two way in nature. Drivers are encouraged to
be courteous to the other drivers using the alley and be aware that they may be required to pull
over and allow another driver to pass by. Parking along alleyway is prohibited. All vehicles
shall be parked on the driveway or in the garage.
ii. Maintenance – Each resident is responsible for the maintenance and upkeep of all areas
located on their lot. This includes all sod / shrubs that may be located between the privacy
fence and edge of alley paving. No material or equipment, of any kind, will be allowed to be
stored outside the privacy fence along the alleyways
iii. Décor – No decorative items (such as but not limited to statues, landscapes flags, fountains, globes,
etc.) shall be permitted at the rear of the home outside of the resident’s fence, along or in driveways, near the garage and or along the alleyways. Decorative items shall not be visible in these
areas and must be removed or relocated inside the fenced area of the property.
49. Freestanding Address Marker
a. Freestanding Address Marker shall be permitted under the following conditions:
• Location: Alleyway
• Limited to one (1) per home
• Size: Sign is not to exceed 11” X 20”
• Material: Sign is to be constructed of durable material, determined by the
Reviewer in its sole discretion
• Prohibited Sign: No decorative element permitted
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Exhibit 1A- Color List
Craftsman Elevations Page 1 of 2
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Craftsman Elevations Page 2 of 2
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French Elevations
Tudor Elevations
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Colonial Elevations
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Exhibit 2A – Required Fence Location
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Exhibit 3A-Approved Plant Material List
Any plants not listed need to be applied for and will be considered on a case by case basis.
Canopy Trees (minimum 65 gal, 3 1/2 caliper)
D.D. Blanchford’ Magnolia - Magnolia grandiflora
Texas Pistache - Pistacia texana
Laurel Oak - Quercus laurifolia
Willow Oak - Quercus phellos
Water Oak - Quercus nigra
Nuttall Oak Quercus nuttallii
Shumard Oak - Quercus shumardii
Southern Live Oak - Quercus virginiana
Monterrey Oak - Quercus polymorpha
Drake Elm - Ulmus parvifolia ‘Drake’
Bald Cypress - Taxodium distichum
Cedar Elm - Ulmus crassifolia
American Elm - Ulmus Americana
Perennials
Bicolor Iris - Dietes Bicolor
Bearded Iris - Iris x germanica
Butterfly Iris - Dietes ‘Butterfly’
Variegated Shell Ginger - Alpinia zerumbet ‘Variegata’
Shasta Daisy - Chrysanthemum x superbum
Butterfly Weed - Asclepias curvassavica
Coreopsis - Coreopsis rosea
Turks’ cap Lily - Lilium superbum
Foxtail Fern - Asparagus densiflorus
Purple Coneflower - Echinacea purpurea
Bigblue Liriope - Liriope muscari
Black-eyed Susan ‘Goldstrum’ - Rudbeckia hirta
Cherry Chief Sage - Salvia x ‘Cherry Chief’
Mexican Bush Sage - Salvia leucantha
Peter Pan Dwarf Agapanthus – Agapanthus ‘Peter Pan’ *
Purple Trailing Lantana - Lantana montevidensis *
Lily of the Nile - Agapanthus spp.
Common Lantana - Lantana camara*
Louisiana Iris - Iris spp.
Hot Lips - Salvia microphylla ‘Hot Lips’
Lily of the Nile - Aganpanthus spp. *
*Denotes plants for use with front lot fence.
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Ornamental Trees (minimum 30 gal, 1 1/2 caliper)
American Holly - Ilex opaca
East Palatka Holly - Ilex x attenuata ‘Eastern Palatka’
Yaupon Holly - Ilex vomitoria
Possumhaw - Ilex deciduas
Savannah Holly – Ilex xattenuata ‘Savannah’
Crape Myrtle - Lagerstroemia indica
Waxleaf Ligustrum – Ligustrum japonicum
Little Gem Magnolia – Magnolia grandiflora ‘Little Gem’
Cherry Laurel – Prunus caroliniana
Shrubs
Abelia - Abelia spp.
Azalea - Azalea sp.
Coppertone Loquat - Eriobotrya japonica ‘Coppertone’
Japanese Blueberry - Elaeocarpus decipiens
Dwarf Crapemyrtle - Lagerstroemia indica ‘dwarf’
Barberry - Barberis thunbergi
Plum Delight - Loropetalum ‘Plum Delight’
Bottlebrush - Callistemon spp.
Chinese Fringe Flower - Loropetalum chinensis
Holly Fern - Cyrtomium falcatum
Southern Waxmyrtle - Myrica Cerifera
Common Oleander - Nerium oleander
Nandina - Nandina domestica spp.
Dwarf Oleander - Nerium oleander ‘Petite Salmon’
Rose Hybrids - Rosa spp.
Texas Mountain Laurel - Sophora Secundiflora
Spirea - Spirea spp.
Gold Star Esperanza - Tecoma stans
Japanese Cleyera - Ternstroemia gymnanthera
Mexican Buckeye - Ungnadia speciosa
Lilac Chaste-Tree - Vitex agnus-castus
Prostrate Juniper - Juniperus prostrate * ‡
Japanese Boxwood - Buxus microphylla * ‡
Green Mound Juniper - Juniperus procumbens * ‡
Clara Indian Hawthorn - Raphiolepis indica ‘Clara’ ‡
Carrisa Holly - Ilex cornuta ‘Carrisa’ * ‡
Yaupon Holly - Ilex vomitoria * ‡
Burford Holly - Ilex cornuta “Burfordii’ ‡
Waxleaf Ligustrum - Ligustrum japonicum ‡
* Denotes plants for use with front lot fence.
‡ Denotes plants for use without front lot fence.
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Groundcover, Grasses, & Vines
Groundcover
Foxtail Fern - Aspargus densiflorus ‘Myersi’
Asian Jasmine - Trachelospermum asiaticum
Bigblue Liriope - Liriope muscari*
Evergreen Daylily - Hermerocallis spp.
Bulbine Lily - Bulbine bulbosa
Giant Liriope - Ophiopogon gigantean
Verbena - Verbena spp.
Garden Violet - Viola odorata
Australian Violet - Viola hederacea
Variegated Shell Ginger - Alpinia zerumbet ‘Variegata’
Variegated Society Garlic - Tulbaghia violacea ‘ Variegata*
*Denotes plants for use with front lot fence.
Grasses
Monkey Grass - Ophiopogon japonicas
Cassian Fountain Grass - Pennisetum alopecuroides “Cassian’
Vines
Coral Vine - Antignon leptopus
Crossvine - Bignonia capreolata
Tumpetvine - Campsis spp.
Carolina Jasmine - Gelsemium sempervirens
Clematis - Clematis spp.
Mandevilla - Mandevilla spp.
Bougainvillea - Bougainvilleae x spectoglabra
Fig Ivy - Ficus pumila
Evergreen Wisteria - Millettia reticulate
Virginia Creeper - Parthenocissus quinquefolia
Climbing Rose - Rosa spp.
Confederate Jasmine - Trachelospermum jasminiodes
Fruit Trees
No fruit trees in the front yard will be permitted pending the committee’s review and approval
at time of application.
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APPENDIX "B"
DESIGN REVIEW COMMITTEE
16902 Bridgeland Landing
Cypress, TX 77433
Phone: 281-304-1318
Fax: 281-304-8334
APPLICATION AND REQUEST FOR MODIFICATION APPROVAL
Pursuant to the Charter for Lakeland Village Community (the “Charter”) any exterior modifications, additions or alterations must be
submitted to and approved by the Reviewer (as that term is defined in the Charter and herein called "Reviewer") prior to start of
construction. While many contractors offer to submit the necessary documentation, it is the homeowner’s responsibility to ensure
modification approval is obtained prior to construction.
A separate application is required for each item submitted.
Please note: Contractors cannot submit applications on the homeowner’s behalf!
If construction is started or completed prior to approval and said construction is not approved, it is the responsibility of the homeowner to
remove and/or bring into compliance any such construction, at the cost of the homeowner.
OWNER’S NAME: _______________________________________________________________________________
PROPERTY ADDRESS:
ZIP CODE: _________________
CONTACT PHONE NUMBER _____________________________________ EMAIL _____________________________________
IS THIS LOT LOCATED ON A:
LAKE ____________
TRAIL____________
GREENBELT____________
TYPE OF IMPROVEMENT (must be specific-attach sketch, drawing or photo)
________________________________________________________________________________________________
________________________________________________________________________________________________
LOCATION OF IMPROVEMENT
________________________________________________________________________________________________
________________________________________________________________________________________________
(You must include a copy of your engineered lot survey. A second copy of the same survey is required with plans/sketches of the
modification/improvement, showing the location and dimensions of the improvement in relation to property lines, building set back lines,
easements, fences, etc.)
MATERIALS TO BE USED (all samples must be submitted via photo)
________________________________________________________________________________________________
________________________________________________________________________________________________
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(Please indicate materials intended for use. Color samples must be submitted for all paint, including the existing color on the home.
Sample of solar screen and window tint is also required. A lot survey is not required for exterior paint, solar screens, and window tint
requests. Please give particular consideration to the color of the brick when making your paint selection.)
DIMENSIONS OF IMPROVEMENT:
HEIGHT ________________________ WIDTH _______________________ LENGTH ________________________
LOCATION IN FEET FROM PROPERTY LINES:
LEFT SIDE______________________RIGHT SIDE_______________________REAR________________________
The Reviewer shall endeavor to make its decision regarding the proposed plans within thirty (30) business days after receipt of the plans
and all information required therein (forty [40] business days if subject to the Declarant’s veto power under Section 5.2(b) of the
Charter). I understand it is my responsibility as the property owner to ensure modification approval is obtained prior to the start of any
construction. I further understand that if for any reason construction starts prior to receiving approval, I, as homeowner, may be
responsible for removing the improvement, or to bring the improvement into compliance per the Reviewer. Rear yard
improvements/modifications are subject to compliance inspection.
The Reviewer meeting is held the first Tuesday of each month. All applications must be received by the Friday prior to the
scheduled meeting. Responses to applications are mailed out via the US Postal Service within 10 business days after the Design
Review Committee meets.
Once again be aware Contractors cannot submit applications on the homeowner’s behalf.
Failure to submit the lot survey, color samples, material samples, plans or any other necessary information will result in the application
being returned to the homeowner for the additional information. Incomplete applications cannot be forwarded to the Reviewer for review
and will be deemed denied until all required information can be reviewed. Please note that a one thousand ($1,000) dollars deposit is
required for all pool applications at the time of submittal. Checks should be made out to Lakeland Village CAI. Failure to do so will
result in an automatic denial of your application. The deposit will be refunded at the time of satisfactory completion.
___________________________________
Printed Name of Homeowner
___________________________________
Date of Submission
___________________________________
Signature of Homeowner
____________________________________
Completion Date
Page 71 of 83
APPENDIX “C”
[Plant Quantity Requirements]
Front Yard Plant Quantity Requirements
Front Lot Widths
Trees
3-1/2" Caliper Shade 2" Caliper Ornamental
Trees
Trees
15 Gal
(48"o.c.)
2
3
4
4
Shrubs
5 Gal
(36"o.c.)
10
15
20
20
*Street Trees
1 Gal (18"- 3-1/2" Caliper Shade
Trees
24"o.c.)
25
1
30
1
40
1
40
2
From
To
50'
59'
1
2
60'
69'
2
2
70'
79'
2
3
80'
90'
2
3
*See illustrations on pages 47-51.
* Species must follow neighborhood tree master plan
Street Tree Note: Quantities are minimal requirement. Add additional street trees as needed to achieve overall 40'-0" O.C. spacing.
Side Yard (Corner Lot) Plant Quantity Requirements
Front Lot Widths
Trees
Shrubs
*Street Trees
3-1/2" Caliper Shade
2" Caliper
15 Gal
5 Gal
1 Gal (18"3-1/2" Caliper
Trees
Ornamental Trees (48"o.c.)
(36"o.c.)
24"o.c.)
Shade Trees
From
To
50'
59'
2
2
2
5
5
2
60'
69'
2
2
2
10
12
2
70'
79'
2
2
3
10
15
2
80'
90'
2
3
3
10
15
2
Evergreen foundation hedge to run the length of the iron
* Species must follow neighborhood tree master plan.
fence; plant material required to be min. 5 gal. @ 24"-30".
Street Tree Note: Quantities are minimal requirement.
Approved plants: Wax Myrtle, Oleander, Elaeagnus,
Add additional street trees as needed to achieve overall 40'-0" O.C.
Ligustrum (shrub form) or Burford Holly. Additional shrubs
spacing
to be used along the fondation of the home.
**
Front Lot Widths
Rear Yard w/ Public View Plant Quantity Requirements
Trees
Shrubs
2" Caliper
Evergreen foundation hedge to run the length of the home
Trees
Ornamental Trees on lake lots and evergreen hedge to run the length of the
From
To
50'
59'
2
2
fence on trail and/or greenbelt lots.; plant material required
60'
69'
2
2
to be min. 5 gal. @ 24"-30". Approved plants: Wax Myrtle,
70'
79'
2
2
Oleander, Elaeagnus, Ligustrum (shrub form) or Burford
80'
90'
2
3
Holly.
* Species must follow neighborhood tree master plan
Note: Requirements in this table are not required on corner lots
Note: Same quanities are required for Side Rear Yard at Lake
Interior Side Fence Plant Quantity Requirements
Interior Fence Widths
From
10'
20'
50'
To
20'
40'
60'
Trees
2" Caliper
Trees
Ornamental Trees
0
1
1
1
1
2
15 Gal
(48"o.c.)
1
1
2
Shrubs
5 Gal
(36"o.c.)
3
4
5
1 Gal (18"24"o.c.)
3
6
8
*Species must follow neighborhood tree master plan
Note: These requirements pertain to interior fences.
Page 72 of 83
APPENDIX “D”
[Approved Plant List]
Any plants not listed need to be applied for and will be considered on a case by case basis.
SHADE TREES
SHRUBS
Bald Cypress - Taxodium distichum
Burr Oak - Quercus macrocarpa
Mexican Sycamore Cedar Elm - Ulmus crassifolia
Drake Elm - Ulmus parvifolia sempervirens
Live Oak - Quercus virginiana
Loblolly Pine - Pinus taeda
Shummard Oak - Quercus shumardii
Magnolia - Magnolia sp.
Monterrey Oak – Quercus polymorpha
Pecan – Carya illinoensis
Sweetgum - Liquidambar styraciflua
Water Oak - Quercus nigra
Abelia
Azaleas
Banks Rose
Blueberry Shrubs
Burford Holly
Bush Sage
Cleyera
Dwarf Burford Holly
Dwarf Crape Myrtle
Dwarf Wax Myrtle
Dwarf Pittosporum
Rose
Fountain Grass
Hibiscus
Indian Hawthorn
Gulf Coast Muhly
Nandina
Oleander
Pittosporum
Possum Haw
Sago Palm – Cycas revolute
Spirea Bridal Wreath
Variegated Pittosporum
ORNAMENTAL TREES
American Holly – Ilex opaca
Mexican Plum - Evergreen
Crape Myrtle – Lagerstroemia indica
Redbud – Cercis canadensis
Yaupon Holly – Ilex vomitoria
Golden Rain Tree – Paniculata
Mexican Fan Palm (Rear Yard Only) – Washintonia
robusta
Date Palm (Rear Yard Only) – Phoenix dactilyfera
Sabal Palm (Rear Yard Only) – Sabal palmetto
Texas Mountain Laurel –Sophora secundiflora
GROUND COVER & VINES
Ajuga
Algerian Ivy
Boston Fern
Wisteria
Climbing Fig
English Ivy
Holly Fern
Honeysuckle
Jasmine
Lamb’s Ear
Lily of the Nile
Liriope
Monkey Grass
Trumpet Creeper
Wood Fern
ANNUALS & BULBS
*This is not an all-inclusive list of annuals and bulbs. Seasonal color
from the below list is not required to be submitted for approval if
planted in seasonal beds.*
Amaryllis
Begonias
Bluebonnet
Daylily
Dusty Miller
Impatiens
Marigolds
Periwinkle (Vinca)
Petunias
Portulaca
Purslane
Salvia
Verbena
Alyssum
Bulbs
Chrysanthemum
Cyclamen
Dianthus
Pansies
Tulip
St. Augustine - Solid Sod
Fruit Trees: No fruit trees in the front yard will be permitted. Fruit trees to be permitted in the rear yard
pending the committee’s review and approval at time of application. All approved fruit trees must be maintained
in a good condition or tree will be required to be removed and replace with a non-fruit tree or area resoded.
Page 73 of 83
Appendix “E”
Lakeland Village Assigned Street Trees
A. The Shores
1. Thomas Shore – Water Oak*
2. Gail Shore – Sweet Gum
3. Ravens Shore – Allee Elm
4. Elizabeth Shore – Willow Oak*
5. Austin Shore – Cedar Elm
6. Colony Shore – Cedar Elm
7. Laura Shore – Sweet Gum
8. Allen Shore – Live Oak*
9. Settlers Shore – Water Oak*
10. Founders Shore – Willow Oak*
B. First Bend
1. Winding Bend – Drake Elm
2. Sunset Bend – Allee Elm
3. The Reserve – Live Oak*
4. Meadow Bend – Water Oak*
5. Shady Bend – Shumard Oak*
6. Prairie Bend – Mexican Sycamore
C. The Cove
1. Angler Cove – Laurel Oak*
2. Pioneer Cove – Nuttall Oak*
3. Whisper Cove – Laurel Oak*
4. Sunset Cove – Shumard Oak*
5. Briar Cove – Water Oak*
6. Waterside Estates – Laurel Oak*
7. Emerald Cove – Live Oak*
D. Water Haven
1. Mill Haven – Live Oak*
2. Shady Haven – Shumard Oak*
3. Meadow Haven – Shumard Oak*
4. Pine Haven (Cove Side) – Nuttall Oak*
5. Pine Haven (Water Haven Side) – Water Oak*
6. Arbor Haven – Laurel Oak*
7. Lake Haven – Live Oak*
8. Moonlit Haven – Live Oak*
9. Brook Haven – Nuttall Oak*
*Optional: Any property that is needing to replace their street tree that is of an approved oak species may replace with a
Live Oak in lieu of the listed oak species if necessary. Residents are still encouraged to follow the street tree scheme as
outlined above, however, may consider this option as an alternative. This is not applicable to any other variety of trees which
are required. Street trees must be 3 ½ inches in caliper. If unable to locate a tree within this caliper, you may substitute with
a tree of no less than 2 inches in caliper.
Page 74 of 83
E. Lakeland Heights
1. Bridgeland Landing – Live Oak*
2. 17000 and 18000 block of Apple River Dr – Shumard Oak*
3. 16000 block of Apple River Dr – Live Oak*
4. Paynes Creek – Live Oak*
5. Amelia Island – Live Oak*
6. Seminole Ridge Dr – Live Oak*
7. Canosa Dr – Overcup Oak*
8. Makanda Dr – Overcup Oak*
9. Thompson Point Dr – Live Oak*
10. Golden Legion Ln – Shumard Oak*
11. Conway Lake Dr – Live Oak*
12. 16000 block of Hatton Falls Dr – Laurel Oak*
13. 1 – 19 on Hatton Falls – Live Oak*
14. Gunda Heights Dr – Overcup Oak*
15. Hughlett Dr – Live Oak*
16. Long Key Dr – Live Oak*
17. Caprock Springs Dr – Live Oak*
18. Donnell Lake Dr – Live Oak*
19. Moonlit River Dr – Live Oak*
20. Forest Landing Dr – Laurel Oak*
F. Hidden Creek
1. Cryer Creek – Nuttall Oak*
2. Beech Creek – Live Oak*
3. Chacon Creek – Shumard Oak*
4. Noelke Creek – Monterrey Oak*
5. Rosita Creek – Nuttall Oak*
6. Hickory Creek – Monterrey Oak*
7. Spring Creek – Monterrey Oak*
8. Larrison Creek – Shumard Oak*
9. Willow Creek – Live Oak*
10. Caney Creek – Monterrey Oak*
11. Clear Creek – Monterrey Oak*
12. Plum Creek – Laurel Oak*
13. Bedias Creek – Nuttall Oak*
14. Cedar Creek – Laurel Oak*
15. Barton Creek – Live Oak*
16. Cibolo Creek – Shumard Oak*
17. Hidden Creek Estates (Section 30) – No Street Trees Required
*Optional: Any property that is needing to replace their street tree that is of an approved oak species may replace with a
Live Oak in lieu of the listed oak species if necessary. Residents are still encouraged to follow the street tree scheme as
outlined above, however, may consider this option as an alternative. This is not applicable to any other variety of trees
which are required. Street trees must be 3 ½ inches in caliper. If unable to locate a tree within this caliper, you may
substitute with a tree of no less than 2 inches in caliper.
Page 75 of 83
Live Oak
Nuttall Oak
Shumard Oak
Water Oak
Willow Oak
Laurel Oak
Overcup Oak
Monterrey Oak
(Mexican Oak)
Sweet Gum
Page 76 of 83
Allee Elm
Drake Elm
(Lacebark Elm)
Cedar Elm
Mexican Sycamore
Page 77 of 83
APPENDIX “F”
Cove Section 7 Modification Design Guidelines
A. Development Standards
1. Easement Maintenance
The associations Easement area adjacent to their property from their rear lot line to the water’s
edge. The area shall be maintained by each owner in accordance with the Charter consistent
with the Community Wide Standard including but not limited to all mowing, pruning,
replanting, seeding, irrigating, fertilizing, mulching, removing debris, treating same with
herbicides and/or insecticides as needed, and any other form of reasonably necessary
landscaping maintenance. The association may exercise its authority to utilize self-help in order
to maintain the Easement area in the event that any owner fails to comply with maintenance of
the Easement area in accordance with the aforementioned requirements. Action to maintain the
Easement area shall not be deemed trespassing and cost for said maintenance shall be the
responsibly of the owner as described in accordance with Chapter 8 of the Charter.
2. Easement Use
Each owner will have the right to reasonable use and enjoyment of this Easement area
in accordance with the provisions described herein.
a. Additions: No owner shall make any changes of any kind to the Easement area
without the expressed written consent of the association. Upon proper approval, owners
may add additional landscaping and walkways to the Easement area in accordance with
the Modification Design Guidelines. Under no circumstances shall any owner be
permitted to construct any vertical structure within the Easement area excluding
required fencing as described herein. Upon approval from the association and in
accordance with all specifications within the New Construction Design Guidelines all
pools and decks must be a least 5’ from the owner’s rear lot line.
b. Prohibited Items: No planting or structures of any kind shall be placed within this ten
foot (10’) area, to include but not limited to boat docks. No owner shall construct a
pool or deck within the easement area.
3. Easement Fencing
This Easement shall be used for purposes of allowing owners of the property adjacent to the
Easement area the right to extend their fence through the Easement area up to ten feet (10’)
from the lake’s static water flow.
a. Location: The Easement is located ten foot (10’) from rear property line.
b. Height: All fencing shall not exceed 5’ in height
c. Material: All fencing shall be black and wrought iron
d. Maintenance: Maintenance of said fencing shall be each owner’s responsibility in
accordance with Chapter 6 of the charter as described therein. Each fence shall be
Page 78 of 83
consistent with the fencing standards for lake lots as defined per the association’s New
Construction Design Guidelines.
e. Fence Extension: This fence extension required for all lots. Owner shall not extend
their fence beyond this point.
f. Additions: Additional fencing across the rear of a lot along the rear property line will
be permitted with proper approval. Horizontal fences are optional however must adhere
to the fencing requirement described in the Modification Design Guidelines and as
referenced herein.
4. Landscaping
Each owner shall maintain all landscaping and plantings within the Easement area.
a. Trees: Each Easement area must contain a minimum number of hardwood trees as
described below:
i. Easement areas with a rear lot width of one hundred and twenty feet (120’) or
less shall maintain two (2) hardwood trees which shall be at least three and a
half inches (3 ½ ”) in caliper.
ii. Easement areas with a rear lot width of one hundred and twenty feet (120’) or
more shall maintain a minimum of three (3) hardwood trees which shall be at
least three and a half inches (3 ½ ”) in caliper.
iii. Hardwood tree types may be selected from the Approved Plant List (Appendix
“D”) within the New Construction Design Guidelines.
Page 79 of 83
APPENDIX “G”
Fines
Enforcement Regulations and Fining Policy (“Policy”)
pertaining to the Approval Process as set forth in the Design Guidelines
1.
2.
Violations. This Policy applies to the below-mentioned violations of the Design
Guidelines, and the other governing documents for the Lakeland Village Community
Association, Inc. (the “Association”) (referred to herein collectively as the “Governing
Documents”). An action is initiated under this Policy when either the Association’s
management company or a member of the Board of Directors notes a violation. The
management company is also authorized to send any and all of the notices described in this
Policy. The applicable violations are as follows:
a.
Initiating, undertaking, or continuing construction of any improvement and/or
landscaping, including any site-preparation work or any other activity regulated
under the architectural approval process contained in the Governing Documents,
prior to submitting an application to the Reviewer (as that term is defined in the
Charter for Lakeland Village Community and herein called "Reviewer"),
together with all of the required information, including samples and a lot survey
showing placement, if applicable.
b.
Initiating, undertaking, or continuing construction of any improvement and/or
landscaping, including any site-preparation work or other activity regulated
under the architectural approval process contained in the Governing Documents,
prior to obtaining the written approval of the Reviewer. (Any such activity
constitutes a violation, even if an application has been submitted to the
Reviewer, unless and until the Reviewer has issued a written approval of such
application.)
c.
Installing, constructing, or completing construction of any improvement and/or
landscaping regulated under the architectural approval process contained in the
Governing Documents, in a manner which is not in accordance with the
approved application. The failure to allow the Association or the Reviewer to
undertake any compliance inspection provided for in the Governing Documents
shall also constitute a violation hereunder.
Occupants, Guests, and Invitees. The Association is authorized to pursue the applicable
remedies provided for herein as to any owner in violation, and/or as to any tenant or occupant
in violation. The owner is also responsible for insuring the compliance of his or her tenants and
occupants. If the Association deems it to be appropriate, the Association is authorized to send
any notice provided for hereunder to any tenant or occupant.
Page 80 of 83
3.
Initial Notice. The Association shall send one (1) or more notices ("Initial Notice") by
regular mail advising the owner of the violation and requesting that the violation be cured.
However, if the Association decides that the violation requires accelerated handling, the
Association is entitled to dispense with sending the owner any Initial Notice. All notices
described in this Policy shall be sent to the owner at the owner's last known address, as shown
on the records of the Association. The owner must deliver a written request to the Association
or its management company, if the owner wants the Association to change the owner’s address
as shown on the Association’s records.
4.
Certified Notice. If the violation is not cured pursuant to the Initial Notice (or if the
Association has decided not to send any Initial Notice), the Association shall send a notice to
the owner by certified mail, return receipt requested, describing the violation, demanding that
the violation be cured and describing the action that the Association proposes or intends to take
unless the violation is corrected within a reasonable period of time. The Certified Notice will
allow the owner a reasonable period to cure the violation and avoid the Association levying a
fine and/or pursuing legal action, unless the owner has previously been given notice and a
reasonable opportunity to cure a similar violation within the preceding six (6) months. The
Certified Notice will inform the owner that the owner has a period of 30 days from receipt of
such notice to make a written request for a hearing before the Board regarding the violation.
The Certified Notice will inform the owner that if the violation is not cured and the owner does
not request a hearing within such thirty (30) day period, the Association intends to levy a fine
against the owner and/or pursue legal action against the owner. If the Association pursues legal
action against the Owner, the owner will be responsible for the attorneys' fees and other costs
the Association may incur, and such fees and costs will be charged to the owner's account.
If the Association has given the owner notice and a reasonable opportunity to cure a similar
violation within the preceding six (6) months, or if the Association files a suit seeking
expedited relief in the form of a temporary restraining order or a temporary injunction, the
Association shall not be required to send the owner a Certified Notice.
5.
Hearing. If the owner makes a timely written request for a hearing, a notice shall be
sent to the owner informing the owner as to the date, time, and place for the hearing before the
Board. The hearing will be conducted in accordance with such rules and procedures as may be
deemed appropriate by the Board. The hearing shall take place, even if the owner does not
attend the hearing.
6.
Remedies. If the owner does not make a written request for a hearing before the Board
within the above-described 30-day timeframe (and if the violation has not been cured), the
Association may thereafter pursue its remedies. If a hearing is conducted pursuant to a proper
request, the Association may pursue its remedies regarding an uncured violation after the
conclusion of the hearing, unless the Association has made an agreement to the contrary. Such
remedies include levying a fine and/or turning the matter over to an attorney for legal action.
Even if the Association levies a fine against the owner, the Association nonetheless reserves the
right to turn the matter over to an attorney for legal action. If this becomes necessary, it is
contemplated that the Association will instruct the attorney to pursue the Association’s legal
remedies, including filing suit.
7.
Fines. The amount of the fine to be levied by the Association for violations hereunder
shall be an amount up to $5,000 for the first violation, and up to a like amount for any
Page 81 of 83
subsequent violation. The Board shall determine the amount of the fine or fines up to such
amounts as it may determine in its sole reasonable discretion, based upon such factors as it
deems appropriate.
8.
Lien. Any fine levied by the Association as a result of a violation will be charged to an
owner’s account, and will be secured by a lien against the owner’s property. Further, any
attorneys’ fees and costs incurred in connection with a violation will similarly be charged to the
owner’s account, and will be secured by a lien against the owner’s property. All such amounts
may be collected in the same manner as a delinquent maintenance assessment, including an
action to foreclose such lien against the property.
9.
Miscellaneous. The Association will not send any notice to the owner, tenant, or
occupant in a situation in which the Association seeks expedited relief in the form of a
temporary restraining order or a temporary injunction. In such situations, the Association
reserves its rights to file suit and seek such relief from the court without any prior notice to the
owner, tenant, and/or occupant.
Page 82 of 83

may 1, 2007 adopted: may - Bridgeland Community Associations

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