PARKRIDGE IV AND V HOMEOWNERS’ ASSOCIATION
ARCHITECTURAL COMMITTEE RULES
Revised January 1, 2013
ARCHITECTURAL REVIEW PROCESS
In accordance with the Declaration of Covenants, Conditions, Restrictions & Easements Parkridge IV and V (the “Declaration”), the Architectural Committee (the “Committee”) has adopted the following Architectural Committee Rules (the “Guidelines”) which shall apply to all Lots within Parkridge IV and V Homeowners’ Association (the “Association”).
Each Lot Owner should read, review and become acquainted with the Declaration and with these Guidelines, as they may be amended from time to time. These documents are intended to enhance property values and the high standards of development that exist within the Association. The Guidelines are established to assist residents in preparing an application to the Committee for structural and landscape improvements. Unless otherwise noted, capitalized terms generally shall have the same meaning as provided in the Declaration.
Owners are strongly encouraged to consult the Declaration in addition to these Guidelines when making a submission to the Committee. FOLLOWING THESE GUIDELINES DOES NOT ELIMINATE THE NEED FOR SUBMISSION OF PLANS FOR APPROVAL BY THE COMMITTEE.
Even if your addition or alteration is identical to another which has been approved, it must be submitted for approval. Because each situation may have different conditions, e.g., different locations, physical conditions or design consideration, etc., each application will be reviewed on a case-by-case basis. In the event of any inconsistency or conflict between these Guidelines and the Declaration, the Declaration shall control. All architectural approvals will be conditioned upon compliance with applicable City codes. The duty of the Committee shall be to review architectural submittals and approve or disapprove them.
Application and plans (which will be kept on file with the Association) should be mailed to:
Parkridge IV and V Homeowners’ Association
Kachina Management, Inc.
21448 N. 75th Ave, Suite 6
Glendale, Arizona 85308
The following information should be included:
1. Application Form – A completed application form (copies of which can be obtained from the management office).
2. Plot Plan – A site plan showing dimensions, relationship to existing dwelling and property lines (setbacks). Measurements must be written on the plans.
3. Elevations Plans – Plans showing finished appearance of addition in relationship to existing dwelling. An accompanying photograph of the proposed location would be helpful.
4. Specifications – Detailed description of materials to be used and color samples must be submitted. If a city permit is required, this must also be submitted with the request.
All buildings and structures erected within the Association and the use and appearance of all land within the Association, shall comply with all applicable City of Peoria zoning ordinances, building codes and other ordinances as well as the Declaration and these Guidelines.
Review – Approval and/or Disapproval
Pursuant to Section 7.6 of the Declaration, the Committee must approve or disapprove submitted plans and specifications, or they will be deemed approved thirty (30) days after their submission.
Review and approval or disapproval will include, but not be limited to: consideration of material, quality of workmanship, colors, consistency with the external design and color of existing structures on the Lot and to neighboring Lots. The location of the improvements with respect to topography and finished grade elevation is also considered.
Official approvals will always be in writing. Verbal approvals will not be issued, and Owners shall not rely on any verbal statements by a member of the Committee or Board in lieu of written approval from the Committee.
Pursuant to Section 7.7 of the Declaration, neither the Committee nor the Association shall have any liability in connection with or related to approved or disapproved plans, specifications or improvements. The approval of the plans does not mean that judgment is passed on the structural soundness of the addition nor its effect upon existing or future drainage. The review of the plans is for aesthetic purposes only.
To assist in preventing any conflict of interest issues, Committee members shall not be permitted to vote on their own architectural requests. In the event that a member of the Committee has submitted an architectural request, an alternate member will be assigned in their place, for only that request, in order to preserve the integrity of the Committee.
Construction must be started within 90 days of the date of the Committee’s approval of the application or such other time period as agreed upon by the Committee at the time of approval. If construction is not begun by the required time, then the Committee’s approval shall be deemed withdrawn and plans must be resubmitted in accordance with these Guidelines.
Once started, construction shall be pursued diligently in order to assure prompt completion thereof. Absent a different deadline for completion of construction (which may be shorter or longer, in the Committee’s discussion), such construction shall be completed within six (6) months after the date of the Committee’s approval of the applicable application. If work is not completed within the time period required, then the Committee may withdraw its approval.
If, after work commences, delays arise that are likely to result in the completion deadline being missed, the Owner should promptly notify the Committee and request an extension in order to avoid violations and possible fines.
Any owner or resident whose submission is rejected by the Committee may appeal the decision to the board of directors. The appeal must be in writing to Parkridge IV&V Board of Directors, C/O Kachina Management.
Any appeal must be submitted no later than 30 days from the date of denial. Appeals will be considered in the sole discretion of the Board, based on whether the proper procedures were followed and taking into account the factors listed in Section 8.1(d) of the Declaration.
Appeals will be heard at the next scheduled Board meeting after the submission of the appeal. The Owner is permitted to attend this meeting and make a statement to the Board. The decision of the Board is final and binding and no further appeals will be considered.
Compliance and Variance
The approved submittal is final and binding. If an Owner wishes to make a change which deviates from the plans as approved by the Committee, the applicant must submit a written request to the Committee along with a set of plans clearly delineating the proposed change(s). The Committee shall respond to such request within thirty (30) days from the date of receipt. No such changes may be undertaken until Committee approval is received.
PARKRIDGE IV&V ARCHITECTURAL GUIDELINES
ANIMALS AND PETS
Pursuant to Section 8.1(m) of the Declaration, no structure for the care, housing or confinement of any animal or fowl, shall be maintained so as to be Visible From Neighboring Property. Dog runs are permitted on a Lot so long as they are not Visible From Neighboring Property.
These provisions apply only to the following types of antennas governed by Federal Communications Commission (“FCC”) rules:
1. Direct Broadcast Satellite (“DBS”) antennas one meter (39.37 inches) in diameter or less, and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or receive or transmit fixed wireless signals via satellite, may now be installed, while DBS antennas larger than one meter are still prohibited without the approval of the Committee if they will be Visible From Neighboring Property.
2. Multi-point Distribution Service (“MDS”) antennas one meter or less in diameter or diagonal measurement, designed to receive video programming services (wireless cable) or to receive or transmit fixed wireless signals other than via satellite, may now be installed, while MDS antennas larger than one meter are still prohibited without the approval of the Committee if they will be Visible From Neighboring Property.
3. Antennas designed to receive local television broadcast signals (“TVBS”) may now be installed. Masts higher than 12 feet above the roof line are still prohibited without the approval of the Committee if they will be Visible From Neighboring Property.
4. Antennas designed to receive and/or transmit data services, including Internet access may now be installed. Masts higher than 12 feet above the roof line are still prohibited without the approval of Committee if they will be Visible From Neighboring Property.
If the FCC expands the types of antennas that fall under the FCC Rule, these rules shall encompass those antennas as well. All other antennas, except the ones listed above, are still prohibited without the prior written approval of the Committee if they will be Visible From Neighboring Property.
If the antenna is one of the types now allowed without prior approval from the Committee, the antenna must still comply with the following regulations:
1. No antenna may encroach upon the Common Area or the property of another Owner.
2. An antenna must be placed inside the dwelling if an acceptable signal quality may be received from any place within the dwelling.
3. The antenna must be shielded from view so as not to be Visible From Neighboring Property or any other area within the Property to the maximum extent possible as long as an acceptable signal quality may be received. If necessary to shield the antenna from view, the Committee may require that the antenna be shielded by landscaping that complies with the Association’s landscape requirements.
4. Antennas, masts and any visible wiring must be painted to match the color of the structure to which they are installed, provided the painting does not interfere with acceptable quality signal and does not void the manufacturer’s warranty.
5. The antenna must comply with all applicable city, county and state laws, regulations and codes. The Association must be provided with a copy of any applicable governmental permits.
6. Installation must be pursuant to the manufacturer’s instructions.
7. In order to protect against personal injury and property damage, an antenna may not be placed in a location where it may come into contact with a power line.
8. In order to protect against personal injury and property damage, all antennas must be properly grounded and secured.
9. In order to protect against personal injury, antennas may not block or obstruct any driver’s view of an intersection or street.
If the antenna is attached to a mast, the following regulations apply:
1. Mast height shall be no higher than absolutely necessary to receive acceptable signal quality.
2. Masts that extend more than twelve feet above the roof line must be approved by the Committee before installation and the application must include a detailed description of the method by which the mast is secured and an explanation regarding the necessity of such a mast.
3. Masts must be installed and painted to match their surroundings.
4. Masts must not encroach upon the Common Area or another Owner’s property.
5. In order to protect against personal injury, masts installed upon a roof may not be installed nearer to the lot line than the total height of the mast and antenna.
6. In order to protect against personal injury and property damage, a mast may not be installed so that it would touch a power line if it fell.
The Owner is responsible for all costs associated with the installation and maintenance of an antenna. In addition, the owner is responsible for all damage caused by or connected with the antenna. The Owner must hold the Association harmless and indemnify the Association in the event that someone is injured by the antenna. The Owner shall keep the antenna in good repair so that it does not violate any portion of these Guidelines.
An Owner must complete the notification form attached to these guidelines as Appendix A and submit a copy of the completed form to the Association within five (5) business days after installing an antenna allowed pursuant to these Guidelines. If requested by the Association, the Owner must establish a mutually convenient time to meet with a representative of the Association to review and discuss the antenna.
In the event of a violation of these provisions, the Association may bring an action for declaratory relief with the FCC or the Maricopa County Superior Court after notice and an opportunity to be heard. If the FCC or Court determines that these Guidelines are enforceable, the Owner shall pay a $50.00 fine to the Association for each violation. If the violation is not corrected within a reasonable length of time additional fines of $10.00 per day will be imposed for each day that the violation continues. If an antenna poses a serious, immediate safety hazard, the Association may seek injunctive relief to compel the removal of the antenna. The Association shall be entitled to recover its reasonable attorney’s fees, costs and expenses incurred in the enforcement of these guidelines.
If any provision of these guidelines is ruled invalid, the remainder of these rules shall remain in full force and effect. If the FCC modifies its rules, the modified rules shall be incorporated into these rules as if fully set forth herein.
Awnings over windows shall be a canvas type with the color the same on the inside and exterior face. A minimum five-year guarantee is expected from the manufacturer to insure a high quality awning.
Homeowner must submit the manufacturer, color, type, and number of years guarantee for approval prior to installation. Fabric awnings must be a solid earth tone color. Metal or wood awnings are not permitted.
Temporary hoops are permitted and do not require Committee approval, but must be maintained in working order and not allowed to fall into disrepair.
Permanent basketball hoops must be submitted for approval and will be considered based on appearance and their relationship to other properties. Permanent basketball hoops must be pole mounted only, not mounted on any part of the house.
Goals must be maintained in good condition and must not be damaged, cracked, affected by weather or appear unkempt, unsafe or in disrepair.
Goals must be used in a manner so that they do not encroach or trespass on neighboring properties and that the use of such equipment will not cause damage to neighboring landscape or common areas.
DECORATIVE ITEMS (fountains, light poles and ornamental statuary etc..)
Any decorative items or water features, such as fountains, that would be Visible From Neighboring Property must be approved prior to installation by the Committee. It is recommended that water features be chlorinated.
Expansion of driveway plans must be submitted for approval to the Committee. Plans must include a plot plan of the existing Lot and the direction in which expansion is proposed. The exact measurements of the proposed paved surface as well as a list of colors and materials must be stated on the plan. Parking within the front yard of a single residence shall be on driveways that are approved by architectural committee and does not exceed a maximum of 50% of a 7000 sq. ft. lot or 35% of a lot greater than 7000 sq. ft. Parking is not allowed on grass or landscaping. Proper drainage away from the house and from rear yard to street must be maintained within the Lot. It is recommended that expansion of existing driveway be done in materials that match existing driveway, or earth tones that match house and existing landscaping. Existing driveway surfaces may by sealed in clear sealant to protect the surface, but may not be painted or stained.
Plans for new fences or walls or additions to existing structures must be submitted to the Committee for approval prior to construction. This includes decorative walls (i.e., pony walls). Stucco and paint must match the existing dwelling in texture and color. No property’s fence or wall may exceed the height permitted by applicable city code (6ft 8in).
Owners may install a flagpole in the front yard or back yard of their Lot only upon receiving the prior written approval of the Committee. Any flagpole that is approved by the Committee will be subject to the following restrictions:
1. Only the following flags may be displayed, and such flags must be displayed in a manner consistent with the Federal Flag Code (P.L. 94-344): the United States flag, the Arizona state flag, the flag of the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, the POW/MIA flag, an Arizona Indian Nations flag, or the Gadsden flag;
2. The Owner must comply with basic flag etiquette of the Federal Flag Code, including, but not limited to: flag should be lighted or removed at night; flag should be removed during inclement weather; flag should be removed and replaced when it becomes, frayed, damaged or tattered.
3. No more than two (2) of the flags noted above may be displayed at any one time. The size of the flag on a flagpole shall be of a reasonable size as determined by the Committee.
4. Owners installing flagpoles must take reasonable efforts to mitigate the noise created by the flagpole and all related hardware;
5. Illumination of the flag and/or flagpole must be approved in advance by the Committee.
6. If the flagpole, or its installation, cause damage to any other Lot or the Common Area, the Owner of the Lot shall be responsible for all damage caused;
7. Display of the flags listed above on a bracket mounted on the dwelling may be done only upon receiving the prior written approval of the Committee.
Gates must be maintained and wood slats shall be replaced once they have become damaged, cracked, affected by weather or appear unkempt, unsafe or in disrepair.
A new gate or double gates may be installed upon receiving the prior written approval of the Committee. However, no gates will be allowed on side streets of corner lots. Single and double gates should be of the same type, design and color as the originally-installed single gates, which is wood slats with metal framing painted black or the color of the house. Wood may be clearcoat weather sealed, color stained or painted. Stain color must be natural wood tones (browns) and paint colors must match exactly to the existing house or trim color.
GUTTERS AND DOWNSPOUTS
Gutters and downspouts may be installed only after receiving the prior written approval of the Committee. The finish on same must match the dwelling in color. High-quality materials that offer long life are recommended as the homeowner will be required to maintain the addition in good repair. Plans must include the proposed locations of the gutters and downspouts, the quality of materials to be used, warranty by the manufacturer, and the name of the installer and telephone number.
HEATING, VENTILATING AND AIR CONDITIONING UNITS ( includes evaporative coolers)
All heating, ventilating, and air conditioning units must be ground mounted and located within the perimeter of the backyard.
HOLIDAY LIGHTING AND DECORATIONS
Holiday decorations and lights shall be of reasonable design and magnitude so as not to disrupt neighboring residences and property, and shall not be installed or utilized prior to 30 days before a holiday and shall be removed no later than 14 days following that same holiday. Decorations must be maintained in good repair and not be allowed to encroach on neighboring properties. No amplified music or amplified sound devices are allowed.
Furthermore, installation shall not take place prior to 7:00 a.m. or after 11:00 p.m. Additionally, blinking lights and music within displays shall not be left on after 10:00 p.m. each evening.
POOLS AND SPAS
Swimming pool and spa equipment including without limitation, brushes, netting and other maintenance equipment, shall be installed and screened so as not to be Visible From Neighboring Property and all other areas within the Property.
Swimming pools (both below and above ground) and spas must conform to City code and are not allowed in any front yard. .
Entry for pool/spa construction will not be granted across a Common Area or through walls maintained by the Association. Access must be gained by tearing down a front wall on the side of the home, leaving the perimeter wall intact, assuring it matches in texture and color throughout the community unless other access is approved by the Architectural Committee.
Swimming pool slides less than six feet (6’) in height shall be located at least five feet (5’) from a property line. Swimming pool slides greater than six feet (6’) in height must be located fifteen feet (15’) from a property line and are limited to ten feet (10’) in height. Rock or water features associated with pools and spas, must be setback a minimum of three feet (3’) from any property line. They shall not be higher than the fence or wall.
DETACHED ACCESSORY BUILDINGS
No structure that is Visible From Neighboring Property shall be erected, maintained, altered or improved without the prior written approval of the Committee.
Metal accessory buildings are permitted provided they are not Visible From Neighboring Property.
Prefabricated, composite, wood or non-metal detached accessory buildings less than eight (8) feet in height and 200 square feet or less may be erected only if no more than 12 inches of the building shall be viewable from the sidewalk in front of the property or the center of the street bordering the rear or side of the property from a height of 6 feet. All portions of these buildings must be brown or tan in color, including the roof.
A detached accessory building between eight (8) and nine (9) feet in height or greater than 200 square feet in area must be set back at least fifteen (15) feet from the front property fence. A minimum three (3) foot setback from the rear or side property line is required. A building permit from the City of Peoria must accompany the request if applicable.
A detached accessory building exceeding nine (9) feet in height and/or three hundred (300) square feet shall meet the required setbacks of the respective zoning district and shall conform to the City of Peoria Design Review Manual. (Peoria Ord. No. 04-187) Such building must also match the architecture and color of the house, including stucco walls and tile roof. A building permit from the City of Peoria must accompany the request if applicable.
All detached accessory buildings must be maintained in good condition and appearance at all times.
OPEN AIR STRUCTURES
Open structures not designed for storage, such as gazebos, ramadas, garden pavilions, and other similar structures, may not be installed without the prior written approval of the Committee. Such structures will be considered on a case-by-case basis, with particular attention paid to potential interference with the enjoyment of neighboring property owners and the look and integrity of the neighborhood as a whole.
When selecting the location upon which the structure is to be placed, the distance from the ground elevation to the top of the perimeter fence must be measured and submitted with the plans for the structure. When considering plan approval, the Committee will take into consideration the appearance, height and proximity to neighboring property.
Plans for attached patio covers will be considered for approval and should be built using the same specifications as those covered patios built by the original builder. Arizona rooms and sun rooms may be considered for approval. These structures may be no higher than the existing patio and must be painted to match the house color. If required, permits are to accompany request.
Plans for children’s play structures must be submitted for approval since in most instances they protrude over the fence. This is not intended to eliminate play structures, but to assure nothing unsightly is erected. All play equipment, including, but not limited to play houses, forts, trampolines, or swing sets, must be approved by the Committee prior to installation. Every attempt must be made to ensure the playground equipment is not Visible From Neighboring Property to the greatest extent possible. The height of this type of equipment shall be limited to a maximum of eight (8) feet above finished grade.
Play equipment is not permitted in front yards.
Play structure must be a natural wood color or be painted to match the existing house. Shade canopies must be of solid earth tone colors such as beige or brown. Placement must be at least eight (8) feet from walls. Shade canopy and wood must be maintained in good condition. Existing structures and the placement of trees can be used to help screen play structures from neighboring properties.
When selecting the location upon which the structure or trampoline is to be placed, the distance from the ground elevation to the top of the perimeter fence must be measured and submitted with the plans for the structure. When considering plan approval, the Committee will take into consideration the appearance, height and proximity to neighboring property.
Regarding trampolines, support brackets and netting must be maintained in good condition. Buried or sunken trampolines are encouraged.
PORTABLE STORAGE UNITS
Kachina Management must be notified prior to the delivery of the portable storage unit. Container is allowed on site for a maximum of fourteen (14) days and must be placed on the driveway only and cannot block any portion of the sidewalk. Areas surrounding the portable storage unit must be kept clean and free of debris.
Security features that would be Visible From Neighboring Property, including, but not limited to, lights, doors and window coverings, must be submitted for approval by the Committee. Security alarms that would not be Visible From Neighboring Property need not be submitted for approval.
Pursuant to Section 8.1(k) of the Declaration, no signs shall be displayed on any Lot except the following:
(1)Commercially produced “For Sale” signs no larger than five square feet and any associated sign riders, while the Lot is for sale;
(2)Commercially produced “For Lease” or “For Rent” signs of no more than five square feet in size, while the Lot is for lease or rent;
(3)Such signs as may be required by law or which cannot be prohibited by law; and
(4)One name and address sign, not exceeding 9”x30” in size.
All signs must conform to applicable municipal ordinances. Signs on Lots SHALL NOT block any sidewalk traffic or traffic views.
SOLAR PANELS, WIND TURBINES, AND EQUIPMENT
The Association recognizes the Owners’ right to install and use solar energy devices, as set forth in A.R.S. § 33-439, and hereby adopts these guidelines in order to regulate the placement of solar energy devices that are governed by A.R.S. § 33-439 and A.R.S. § 44-1761. This provision applies only to the types of solar energy devices listed in A.R.S. § 44-1761, which include a system or series of mechanisms designed primarily to provide heating, to provide cooling, to produce electrical power, to produce mechanical power, to provide solar day lighting or to provide any combination of the foregoing by means of collecting and transferring solar generated energy into such uses either by active or passive means. Such systems may also have the capability of storing such energy for future utilization. Passive systems shall clearly be designed as a solar energy device such as a trombe wall and not merely a part of a normal structure such as a window. If A.R.S. § 44-1761 is expanded to include other types of solar energy devices, these Guidelines shall encompass those solar energy devices as well.
All other solar energy devices, except the ones listed above, may not be placed on the Lot unless approved in writing by the Committee. If the solar energy device is one of the devices listed in A.R.S. § 44-1761, the placement of the solar energy device must be approved in advance by the Committee. Such solar energy device must comply with the following guidelines:
1. No solar energy device may encroach upon the Common Area or the property of another Owner.
2. A solar energy device must be placed in the back yard or on a portion of the roof facing away from the street so as not to be Visible From Neighboring Property.
3. The solar energy device must be shielded from view so as not to be Visible From Neighboring Property to the maximum extent possible. The landscaping or structure used to shield the solar energy device must be approved in advance by the Committee.
4. The solar energy device must comply with all applicable city, county, and state laws, regulations and codes. The Association must be provided with a copy of any applicable governmental permits.
5. Placement and installation must be pursuant to the manufacturer’s instructions.
6. In order to protect against personal injury and property damage, the solar energy device may not be placed in a location where it may come into contact with a power line.
7. In order to protect against personal injury and property damage, all solar energy devices must be properly grounded and secured.
8. In order to protect against personal injury, solar energy devices may not block or obstruct any driver’s view of an intersection or street.
With respect to the maintenance of any solar energy device, the following guidelines will apply:
1. The Owner is responsible for all costs associated with the installation and maintenance of the solar energy device.
2. The Owner is responsible for all damage caused by or connected with the solar energy device.
3. The Owner must hold the Association harmless and indemnify the Association in the event that someone is injured by the solar energy device.
4. The Owner shall keep the solar energy device in good repair so that it does not violate any portion of the Association’s governing documents.
Any applicable architectural review fee shall be waived for applications for Committee review of solar energy devices.
The Association shall have the authority to enforce these provisions in any manner provided by law. Notwithstanding anything contained in these Guidelines, the Declaration, or any other document governing the Association, these Guidelines shall not be enforced in a way that effectively prevents the installation of a solar energy device. If any provision of these guidelines on solar energy devices is ruled invalid, the remainder of these guidelines shall remain in full force and effect. If the Legislature of the State of Arizona modifies A.R.S. § 33-1816 or A.R.S. § 44-1761, the modified laws shall be incorporated into these guidelines as if fully set forth herein
Wind turbines must be approved by the Committee as to appearance and placement.
STREETS AND SIDEWALKS
Pursuant to Sec. 23-5. of Peoria City Code: Obstruction of streets. It is unlawful for any person or entity to install on any city street or sidewalk a traffic control device, barricade or any other item interfering with the movement of vehicular or pedestrian traffic without having first obtained a permit from the City of Peoria.
Homeowners are not permitted to place traffic control devices on any city roadway, sidewalk or thoroughfare.
Children at play signs must be temporary and freestanding and may not be placed so they obstruct the flow of traffic. Play signs may not be placed on the road, gutter, or public sidewalk and may only be present when children are actively at play. The signs must be removed when children are finished playing for the day.
Homeowners wishing to install barricades or other methods for private use of the street (such as in the event of a block party) must contact the City of Peoria.
PARKING It is the intention of the Architectural Committee to keep the streets as clear and safe as possible. Parking on the streets is permitted during the day as long as the vehicle is in an operable condition. Vehicles must be moved from the street to driveways and garages during the hours of 12am and 6am. Recreational vehicles may be in public view only during active loading and unloading up to a maximum of 24 hours.
SUN SCREENS AND WINDOW TINTING
No aluminum material or other reflective material may be installed in windows. Brown or charcoal sun screen material may be installed upon receiving the prior written approval of the Committee. The frame for window screens must match the screen material or existing window frames. Screen doors in the front of the house must be submitted for approval by the Committee.
All landscaping changes that would be Visible From Neighboring Property must receive the prior written approval of the Committee.
All yards visible from the street shall have acceptable landscaping installed within 180 days from close of escrow. It is recommended that backyard landscaping be installed at this time as well since construction access to the back yard is often through the front yard. Owners shall maintain their Lots free of weeds and debris; lawns shall be neatly mowed and trimmed; bushes shall be trimmed; and dead plants, trees, or grass shall be removed and replaced.
In all cases, the installation must comply with City of Peoria drainage and grading requirements.
ASSOCIATION PLANT LIST
The following vegetation types and varieties are prohibited.
1. Olive trees (Olea europaea) other than the “Swan Hill” variety. These trees create considerable pollen which disturbs allergy sufferers. A mature tree produces thousands of olives which drop and create a mess in the landscape.
2. Oleanders (Nerium oleander) other than the dwarf variety and Thevetia (Thevetia Species). Oleanders other than dwarf or thevetia varieties get to such a size and trunk thickness that they are difficult to control on a small lot.
3. Fountain Grass (Pennesethus setaceum) or Pampas Grass (Cortaderia Selloana). Within a very few years, fountain grass and pampass grass build up thatch which makes them extremely difficult to trim back. As a result they are often let go and are unattractive or owners end up removing them. Pampass grass blades are so sharp, they can easily produce sliver cuts.
4. Mexican Palo Verde (Parkinsonia aculeatea). Known for its extreme shedding.
5. All varieties of mulberry trees. Mulberry trees join fruiting olive trees as a major pollen contributor.
All varieties of Citrus are permissible only within the confines of the rear yard.
The City of Peoria currently does not limit the amount of turf on residential lots. However, the Association joins the City in encouraging water conservation. It is recommended that you consider turf installation in areas where it can be used for play, and consider desert landscaping in other areas.
If a homeowner chooses to have Bermuda grass installed, it is up to the homeowner to assure that the lawn is cared for and maintained and the property is free of weeds. It is also suggested that Rye grass be installed during winter months when Bermuda grass is dormant and turns brown.
ROCK GROUND COVER
If decomposed granite or other landscape rock is used, it must be of an “earth tone” and no white, green, blue, red or other bright colors. All rock areas shall be treated with pre-emergent weed control at regular intervals to retard weed growth
A drip irrigation system is strongly encouraged for all landscaped areas, except turf.
FINE GRADING & MOUNDING
Fine grading is a critical aspect of landscaping. Each Lot has been graded such that all storm water will drain away from the house. It is important that this drainage pattern be maintained when preparing the landscape design, especially if mounding or berming is proposed. In all cases, the installation must comply with the City of Peoria grading and drainage plan. Every effort should be made to make the mounding appear natural.
Any additional pavement areas in any form, e.g., concrete, brick, tile, or any wood decks, etc. in the front yard must be approved in advance by the Committee. Any decorative items (including fencing, fountains, statuary, etc.) in the front yard must be approved in advance by the Committee.
. Lighting shall be shielded such that the light shines primarily on the Lot; lights which create glare visible from other Lots are prohibited.
. Light fixtures shall not exceed an illumination intensity of more than one (1) foot candle power as measured from Lot line.
. Outside lights should be screened wherever possible with walls, plant materials, or internal shielding.
AS A REMINDER, ANY ADDITIONS OR IMPROVEMENTS THAT CHANGE THE EXTERIOR OF THE HOME’S APPEARANCE MUST BE APPROVED BY THE ARCHITECTURAL COMMITTEE.
These Architectural Review Committee Guidelines and Landscape Guidelines may be amended by the unanimous vote of the Committee.
CC&R and Architectural Violation and Enforcement
Revised: December 1, 2012
The Board of Directors has the power to impose monetary penalties upon the Owners of Lots for any violations of the Declaration, Guidelines, and the other governing documents of the Association regardless of whether the violation was committed by the owners, their guests, invitees, residents, tenants, occupants, or family members.
The amount of the monetary penalty to be imposed shall be determined in the sole and absolute discretion of the Board based on the nature of the offense, and the number of violations. The monetary penalties shall range from $10.00 per day to a maximum of $500.00 per day.
At any time, as determined in the sole and absolute discretion of the Board, the Association may choose to forego any courtesy or violation letters in favor of other enforcement tools available including but not limited to self-help, immediate action by its legal counsel, etc.
Upon the discovery of a violation, the Board may send a courtesy letter to the Owner(s) informing them of the violation and requesting that it be remedied. If a satisfactory response is not obtained within 10 days, or if the Board elects to forego the courtesy letter, the Board may send a violation letter to the Owner(s) (“Violation Notice”). This Violation Notice shall inform the Owner(s) of the nature of the violation and what must be done to remedy the violation. If the Owner does request a hearing, then the Board will schedule a hearing date and inform the Owner in writing.
If the Owner contests the violation within 10 business days of the Violation Notice, the Board will provide a response to the Owner within 10 business days of receiving a request for a hearing or a notice contesting the violation to include the following information:
1. a date and time for the hearing;
2. the provision(s) of the governing documents that has been violated;
3. the date the violation(s) was observed, and
4. the name of person(s) who observed the violation.
If the Owner does not request a hearing within 10 business days of the Association’s Violation Notice or after any requested hearing, the Board may impose reasonable monetary penalties. These monetary penalties may apply retroactively to the date the violation was observed. For violations which continue, the Board may impose reasonable daily/monthly monetary penalties for each subsequent day/week/month of the violation and such continuing penalties shall continue to accrue until the Owner(s) notifies the Board that the violation has ceased and the Board has confirmed that, this, in fact, is the case.
If the violation ceases but reoccurs again within a 12 month period from the date of the first violation, it will be considered a recurring violation from the prior offense. The Association will send a second Violation Notice which will give the Owner(s) notice of the new occurrence of the same violation and give the owner(s) 10 business days to request a hearing or otherwise respond to the Violation Notice before the fine is imposed. However, the fine may be imposed retroactively to the date that the violation occurred.
All letters referenced herein, unless otherwise stated, shall be sent by regular mail or by hand delivery at the last-known address of the Owner(s).
In the event that the Owner(s) fails to pay a penalty within fifteen days of the requested due date, the Association may deem the penalty delinquent and impose a charge for the late payment of the penalty. The late charge may not exceed the greater of fifteen dollars or ten percent of the amount of the unpaid penalty. In addition, if the Owner(s) refuses to pay the penalty, the Board reserves the right to pursue collection of all outstanding amounts via all legal means available to the Association. In the event that the Association is awarded a judgment against the Owner(s), the Owner(s) will also be responsible for all costs and reasonable attorney’s fees incurred by the Association.
The Board reserves all remedies, including the right to bring an action for injunctive relief.