Carriage Lawn @ Barkley ARB Design Guidelines

PURPOSE OF THE HANDBOOK

The primary purpose of this handbook is to familiarize homeowners at Carriage Lawn at Barkley with the objectives, scope and application of design standards and guidelines which are intended and will be employed to maintain the aesthetic appearance and environmental quality of the Carriage Lawn community.

The handbook enumerates specific design standards and guidelines which have been adopted by the Board of Directors of the Carriage Lawn at Barkley Homeowners Association. It also explains the application and review process which must be adhered to by homeowners seeking approval for any exterior modifications or changes to their homes or lots which are subject to approval by the Association.

This handbook will serve as a valuable reference source and will assist homeowners in preparing acceptable applications for review by the Association's Architectural Review Board. All homeowners are encouraged to familiarize themselves with its contents and to retain the handbook for future use.

BASIS FOR AND OBJECTIVES OF PROTECTIVE COVENANTS

The legal documents for the Carriage Lawn at Barkley Homeowners Association contain covenants, including those pertaining to design standards. Legally, these covenants are a part of the deed for each home and are binding upon all initial homeowners and their successors in ownership, irrespective of whether or not these owners are familiar with such covenants.

The primary purpose of design covenants is to maintain environmental and architectural design standards for the entire community. The promulgation and enforcement of design standards is intended to achieve the following objectives:

· Maintain consistency with the overall design concept for the community;

· Promote harmonious architectural and environmental design qualities and features;

· Promote and enhance the visual and aesthetic appearance of the community.

The enforcement of design standards not only enhances the physical appearance of a community but protects and preserves property values. Homeowners who reside in association communities which enforce design covenants are protected from actions of neighbors which can detract from the physical appearance of the community and, in some cases, diminish property values. In fact, surveys of homeowners living in association communities consistently reveal that this was an important consideration in their decision to purchase a home.

ROLE OF THE ARCHITECTURAL REVIEW BOARD

All homeowners at Carriage Lawn are automatically members of the Carriage Lawn at Barkley Homeowners Association. The Association is a non-stock corporation which owns and is responsible for the upkeep and maintenance of all common properties within the community.

The Association is also responsible for the administration and enforcement of all covenants which are applicable to property owners, including design standards and restrictions. The Declaration of Covenants, Conditions and Restrictions for the Association (Article III, Section 4) provides that responsibility for the enforcement of design standards shall be exercised through an Architectural Review Board, the members of which shall be appointed by the Board of Directors of the Carriage Lawn at Barkley Homeowners Association. The Architectural Review Board is to consist of three or more persons.

The Architectural Review Board shall be responsible for enforcing the Association's Design Guidelines with respect to exterior modifications to homes and lots proposed by lot owners, other than the declarant or a participating builder. The Review Board shall review and approve (or disapprove) applications submitted by lot owners for visible exterior additions, alterations or modifications to a home or lot. The review process shall be governed by the Design Guidelines promulgated by the Association's Board of Directors.

As part of its responsibilities, the Architectural Review Board will make recommendations to the Board of Directors with respect to the modification of the Design Guidelines initially approved by the Board. The Review Board will also be responsible for reviewing possible violations of the Association's Design Guidelines.

ALTERATIONS REQUIRING REVIEW AND APPROVAL

BY THE ARCHITECTURAL REVIEW BOARD

Essentially, all changes, permanent or temporary, to the exterior appearance of a building or lot are subject to review and approval by the Architectural Review Board. The review process is not limited to major additions or alterations, such as adding a room, deck, or patio. It includes such minor items as changes in color and materials. Approval is also required when an existing item is to be removed.

There are a number of exceptions to this otherwise inclusive review requirement.

1. Building exteriors may be repainted or restained provided that there is no color change from the original. Similarly, exterior building components may be repaired or replaced so long as there is no change in the type of material and color.

2. Minor landscape improvements will also not require an application. This includes foundation plantings, or single specimen plantings. In general, landscape improvements of a small scale which do not materially alter the appearance of the lot, involve a change in topography or grade and which are not of sufficient scale to constitute a natural structure will be exempt from the design review process.

If there is any doubt as to whether or not a proposed exterior change is exempt from design review, and approval, homeowners should first seek clarification from the Architectural Review Board before proceeding with the improvement.

APPLICATION AND REVIEW PROCEDURES

Application and review procedures, which will be used by the Architectural Review Board are detailed below.

1. Applications. All applications for proposed improvements must be submitted in writing using the application form authorized by the Architectural Review Board. A copy of this form is included as an exhibit to this handbook. An application fee of a rate to be determined by the Board of Directors must be included with the submission of a complete application in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies, which must be remedied in order to be considered for review.

Unless notified to the contrary, homeowners should mail applications to the following address:

Architectural Review Board

Carriage Lawn at Barkley Homeowners Association

c/o Koger Management Group

PO Box 10133

Fairfax, Virginia 22038-8008

2. Supporting Documentation. The application must include a complete and accurate description of the proposed improvement(s). In order to permit evaluation by the Architectural Review Board, supporting exhibits will frequently be required. Examples include: a site plan showing the location and dimensions of the proposed improvement; architectural drawings or plans, as applicable; landscape plan; material and/or color samples, etc. The design guidelines and application form provide guidance with respect to the supporting documentation required for various types of improvements.

3. Time Frame for Completion of the Review. The Architectural Review Board is required to approve or disapprove any proposed improvement within forty-five (45) days after the receipt of a properly completed application. However, the forty-five day review period will only commence upon the receipt of a complete application form, including any required exhibits. It is therefore advisable for homeowners contemplating substantial improvements to first ensure that they are aware of all required supporting documentation prior to submitting a design review application. In the event that the Architectural Review Board does not act upon an application within forty-five (45) days, the application shall be deemed to be approved.

4. Notice of Approval/Disapproval. Homeowners who have submitted design review applications will be given written notice of the decision of the Architectural Review Board.

5. Appeals Procedure. Homeowners who have submitted design review applications may appeal decisions of the Architectural Review Board to the Board of Directors.

A homeowner may appeal a decision of the Architectural Review Board by submitting a written request to the Board of Directors within ten (10) days after the date of an action by the Architectural Review Board. This request should include any new or additional information which might clarify the requested change or demonstrate its acceptability. The Board may, at its discretion, conduct an informal hearing related to the appeal. The Board will respond in writing to an appeal within forty-five (45) days from the date of receipt of an appeal.

ENFORCEMENT PROCEDURES

The Declaration of Covenants and Bylaws of the Association empower the Architectural Review Board and the Board of Directors to enforce compliance with the Association's Design Guidelines. The following enforcement procedures will be used to ensure compliance.

1. A violation may be observed and reported to the Architectural Review Board by a member of the Review Board, the Board of Directors, the managing agent, or a homeowner. In the case of homeowners wishing to report a potential violation, a written notification should be transmitted to the Architectural Review Board or managing agent.

2. The alleged violation will be confirmed by a site visit by a member of the Architectural Review Board, or the managing agent.

3. The Architectural Review Board will contact the resident in violation by letter advising them of the violation and requesting appropriate action to remedy the violation. Notice will be sent by certified mail where the violation is deemed to involve an immediate emergency or where such violation, if not remedied, will increase or enhance with the passage of time.

4. If the violation continues for thirty days after notification to the resident in violation (or if no substantial progress is made in curing the violation, where such remedy would require more than thirty days) a letter will be sent by certified mail to the resident in violation. This letter will provide notice that the violation must be remedied within fifteen days from the date of mailing of the letter (or alternatively, that the resident in violation must submit to the Architectural Review Board a written plan, including timing, for the abatement of the violation within a reasonable period of time, where such violation cannot be cured within the fifteen day period).

5. If the violation is not abated within fifteen (15) days from the date of mailing of the certified letter (or if progress is not being made to abate such violation in accordance with a plan agreed to by the resident in violation and the Architectural Review Board) the Committee will send the resident in violation a certified mailing informing the resident of the time and place of a formal hearing by the Architectural Review Board, such hearing to be convened no sooner than fourteen (14) days from the date of the notice.

6. As a result of this hearing, the Architectural Review Board shall refer the violation to the Board of Directors for enforcement of the Association’s Design Guidelines in accordance with the provisions of the Association’s legal documents if, as a result of the hearing, the Review Board determines that the violation has either not been abated or that the resident is not making a good faith effort to abate the violation in a timely manner. The Board may enforce the Association’s Design Guidelines by initiating legal proceedings at law or in equity and/or by assessing a charge against the member in violation of the Design Guidelines, any such charge to be levied in accordance with the provisions of Section 55-513B of the Virginia Property Owners Association Act.

7. The above procedures do not preclude the Architectural Review Board or the Board of Directors from taking accelerated measures in the case of a violation which constitutes an emergency situation, provided that the resident in violation has been properly notified by certified mailing and that the action is consistent with the provisions of the Association's legal documents. Likewise, the Architectural Review Board or the Board may establish shorter notification periods for the correction of violations of the Design Guidelines where the homeowner shall not be disadvantaged by a shorter notification period for compliance.

8. The above procedures do not apply to the failure of an owner to maintain a lot in good order and repair and free of debris, as required by Article VI, Section 2 of the Declaration. All owners must maintain their lots in accordance with the general maintenance standards detailed below. In the event of non-compliance with maintenance standards, the Board of Directors may, after thirty (30) days written notice to the owner (or such shorter notice period as determined by the Board), authorize the Association to enter upon the owner’s lot and to perform any required maintenance at the expense of the owner, provided that such authorization is approved by a two-thirds vote of the Board of Directors. In the case of persons who fail to mow their lawn or have trash or debris visibly stored on their lot, (other than neatly stored construction materials for an approved improvement of the lot or home) the notice period shall be ten (10) days.

Property Maintenance Standards

A. All portions of a lot which are not improved by an impervious surface or a structure must be maintained with grass (or other vegetation installed by a builder or approved by the Architectural Review Board). No bare earth may be exposed on a lot (except for flower beds with appropriate approvals, as required).

B. All turf areas on a lot must be kept neatly mowed during the growing season. Grass should not be permitted to exceed six (6) inches in height.

C. Turf areas and other vegetation should be watered during dry periods. Any dead plants, shrubs or trees should be immediately removed.

D. Turf areas should be kept as weed free as possible. At no time should weed cover exceed more than twenty-five percent (25%) of the total turfed area.

E. No trash or debris may accumulate or be stored in a visible location on a lot. Construction materials required for the improvement of a home or lot should be neatly stored in as unobtrusive a location on the lot as possible when not in use.

F. All hedges, trees and shrubs must be neatly trimmed and maintained and their size maintained in proportion to the lot and home through pruning.

G. The exterior of a home must be maintained in an attractive manner. No significant blistering or peeling of exterior painted surfaces is permitted.

Any exterior building components (i.e., siding, gutters and downspouts, roof shingles, windows and doors) which are missing, broken or otherwise in a state of disrepair must be repaired as quickly as possible.

DESIGN GUIDELINES

The specific Design Guidelines detailed below have been adopted by the Board of Directors.

ANTENNAS/SATELLITE DISHES. Satellite dishes which are less than one meter (39 inches) in diameter, TV antennas and MMDS (multichannel, multipoint distribution) antennas are permitted and do not require an application, subject to the following guidelines:

A. Such devices may not be installed in the front yard or attached to the front facade of the home;

B. The device should be located so as to be as visually unobtrusive as possible, without impairing the reception of the broadcast signal. Examples of preferred locations include the following:

1. Located in the rear yard and below the height of privacy fencing which fully encloses the rear yard;

2. Located above the walking surface of a railed deck, with as much of the device as possible below the top of the deck railing;

3. Located on the rear side of the roof ridge line, so as to have no, or minimum, visibility from the front of the home.

C. Devices which are located at ground level or on the lower portion of the home should be screened with landscaping if the device would otherwise be visible from a street.

ATTIC VENTILATORS. Attic ventilators and turbines are permitted if painted to match the color of the roof (if roof mounted) or the color of the house siding or trim (if mounted on a gable end). Ventilators and turbines should be mounted on the least visible side of the ridge line so as to minimize their visibility and should not extend above the roof line.

AWNINGS. In general, exterior awnings are discouraged unless demonstrated to be clearly compatible with the architectural design and qualities of the home, and screened from the view of adjoining neighbors due to the proposed location of installation. Awnings will be approved only if the proposed location is on the rear side of a dwelling unit and not visible from a street.

If approved, awnings must meet the following criteria:

· They should be of a plain design without decorative features, such as scallops, fringes, etc.

· Solid colors which are compatible with the color scheme of the house should be used, rather than stripes or patterns.

· They should be consistent with the visual scale of the house.

· Pipe frames or structural supports for canvas awnings (or similar material) should be painted to match the trim or dominate color of the house.

CARPETING. The use of the indoor/outdoor carpeting and synthetic grass on exterior structural surfaces (i.e., front stoops, decks, patios) is prohibited.

CLOTHES LINES. Clothes lines or similar apparatus for the exterior drying of clothes are prohibited.

DECKS. ALL decks must be approved by the Architectural Review Board. Homeowners are advised to consider the following factors:

· Location. Decks must be located entirely in rear yards.

· Scale and Style. The scale of all decks shall be compatible with the scale of the house as sited on the lot. Decks, particularly elevated decks, should be of a scale and style which are compatible with the home to which attached, adjacent homes and the environmental surroundings.

· Materials. Decks must be constructed of cedar, high-quality pressure treated wood (#2 southern yellow pine or better) or recycled wood or composite products, such as Trex^®.

· Color. Decks should be left in a natural condition to weather, treated with a transparent (clear) water based or oil preservative or stained with a natural wood color approved by the Architectural Review Board. Application documentation to stain a deck needs to include the color chip as an Exhibit to the Design Review Application. The entire deck, including supports and any attached wooden structures must be treated uniformly.

· Under Deck Storage. Elevated decks have an under deck area which can have a negative visual impact on adjoining neighbors, particularly when used as an informal storage space. The use of decorative screening to minimize adverse visual impacts may be required by the Architectural Review Board, particularly in the case of high decks.

· Privacy Screens/Walls. Privacy screens or may be appended to decks in order to establish privacy. Such screens must be lattice and may not extend more than six feet above the floor of the deck. Privacy screens may only be installed on two sides of a deck and not on the side opposite the rear plane of the home.

DOG HOUSES AND DOG RUNS. Dog runs and dog houses are prohibited.

EXTERIOR AIR CONDITIONERS. Individual air conditioning units extending from windows are prohibited. Exterior air conditioning units or heat pumps may be relocated or added if there is no adverse visual impact to adjoining properties. Such relocation or addition must be approved by the Architectural Review Board.

EXTERIOR DECORATIVE OBJECTS. Approval will be required for all exterior decorative objects, whether natural or man-made, which exceed eighteen (18) inches in height or width and which were not part of the original construction design, either as a standard or optional feature, provided that such objects are intended to be placed in the front yard or visible from the front yard or a street. Examples include but are not limited to: bird houses, bird baths, driftwood, weather vanes, sculptures, fountains, free standing poles of all types, house address numerals, and any items attached to approved structures.

Such objects will be evaluated in terms of their general appropriateness, size, location, compatibility with architectural and environmental design qualities and visual impact on neighborhoods and the surrounding area. Sculpture, garden statues, bird baths, bird houses and similar items are restricted to rear yard locations and should not be visible from the front yard or a street. Provided that this condition is complied with, such objects located in rear yards which are enclosed by a privacy fence do not require approval. Decorative flags may be displayed and do not require approval of the flagpole complies with the Design Guidelines.

EXTERIOR LIGHTING. Lighting which is part of the original structure may not be altered without prior approval of the Architectural Review Board. Proposed replacement or additional fixtures must be compatible in style and scale with the applicant's house.

No exterior lighting shall be directed outside of the applicant's property. Proposed additional lighting shall not be approved if it will result in an adverse visual impact to adjoining neighbors due to location, wattage or other features.

EXTERIOR PAINTING. An application is not required in order to repaint or restain an object to match the original color. However, all exterior color changes must be approved. This requirement applies to siding, doors, shutters, trim, roofing and other appurtenant structures.

FENCES. General guidelines for the construction and approval of fences are provided below.

1. Chain-Link and Barbed Wire Fences. Chain link and barbed wire fences will not be approved under any circumstances. Chain link or barbed wire fencing material will not be permitted for any use.

2. Lot Line Fences. Owners are permitted to enclose the rear yard with a six foot alternating board-on-board fence. Such fence may not extend forward of the rear plane of the home. Fences must be constructed of a high quality, pressure treated wood and should be left to age, naturally painted with a transparent sealant or stained a natural wood color approved by the Architectural Review Board. In the case of a lot line fence and deck, both must be treated in an identical manner with respect to the use or non-use of a stain.

FIREWOOD. Firewood stored on a lot shall be kept neatly stacked and shall be located to the rear of the residence and in such a manner as to avoid adverse visual impacts for adjoining properties. Screening may be required in certain cases.

Firewood should be stacked in piles which do not exceed eight feet in length and four feet in height for both aesthetic and safety considerations.

Other than a limited quantity of firewood intended for immediate use, firewood shall not be stacked on patios or decks.

FLAGPOLES. Permanent, free standing flagpoles are prohibited. Temporary flagpole staffs which do not exceed six feet in length and are attached at an incline to the wall or pillar of the dwelling unit do not require approval by the Architectural Review Board.

GUTTERS AND DOWNSPOUTS. All gutters and downspouts, including replacements, must conform in color and design to those installed originally. Any addition of new gutters or downspouts, or a change in location of an original gutter or downspout, requires approval. Gutters and downspouts must be located in such a manner as to not adversely affect drainage onto neighboring properties. Black tubing used for additional drainage purposes must be buried underground and directed away from adjacent properties. Splash blocks should be black or green plastic, or unpainted concrete.

HOT TUBS/SPAS. Exterior hot tubs or spas must be located on the ground level of the rear yard adjacent to the dwelling unit and require approval. The incorporation of hot tubs as a design feature of a deck or patio is encouraged. The exterior finish of an elevated hot tub or spa should blend with the exterior finish of the home, deck or patio to which attached or most closely related. Hot tubs or spas which are recessed into decks are preferred over those which are free standing. If free standing, a hot tub or spa should be screened with landscaping or privacy screening in order to minimize its visibility.

ADOPTED: OCTOBER 26, 2001