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ARCHITECTURAL REVIEW COMMITTEE
MANUAL OF POLICIES, GUIDELINES AND PROCEDURES
(DESIGN STANDARDS)
Table of Contents
INTRODUCTION
INTRODUCTION TO THE ARCHITECTURAL REVIEW COMMITTEE
PURPOSE AUTHORITY MEMBERS MEETINGS RESPONSIBILITEES LIMITATION OF RESPONSIBILITEES
ARCHITECTURAL REVIEW COMMITTEE POLICIES
REVIEW OF PLANS AND SPECIFICATIONS TIME LIMITATIONS INSPECTIONS JOB SITE CONDITIONS APPROVAL VIOLATIONS
KEY ARCHITECTURAL GUIDELINES
RELATION TO BOCA WINDS OPEN SPACE CONFORMANCE WITH COVENANTS VALIDITY OF CONCEPT DESIGN COMPATIBILITY LOCATION AND IMPACT ON NEIGHBORS SCALE COLOR MATERIALS WORKMANSHIP
HOW TO MAKE APPLICATION TO THE ARCHITECTURAL REVIEW COMMITTEE
SITE PLAN MATERIALS AND COLOR DRAWINGS AND PHOTOGRAPHS PALM BEACH COUNTY THIRD PARTY COMMENTS
ARCHITECTURAL STANDARDS AND CRITERIA
1. WINDOWS, DOORS SCREENED PORCHES AND PATIOS 2. SOLAR PANEL 3. EXTERIOR MATERIALS AND COLORS 4. ROOFS 5. GARAGES, DRIVEWAYS, WALKWAYS AND EXTERIOR LIGHTING 6. HURRICANE PANELS, AWNINGS AND SHUTTERS 7. LANDSCAPING 8. FENCES 9. BASKETBALL HOOPS 10. SWIMMING POOLS 11. AIR CONDITIONERS, GARBAGE AND TRASH CONTAINERS 12. ANTENNAS, FLAGPOLES, SIGNS AND MAILBOXES 13. ACCESSORY STRUCTURES, PLAY EOUIPMENT AND DECORATIVE OBJECTS 14. ATTIC VENTILATORS OR SKYLIGHTS 15. PATIO AND PATIO ENCLOSURES 16. PERMANENT BARBECUES 17. MAJOR EXTERIOR ALTERATIONS
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ARCHITECTURAL REVIEW COMMITTEE
MANUAL OF POLICIES, GUIDELINES AND PROCEDURES
(DESIGN STANDARDS)
FOR
BOCA WINDS HOMEOWNERS ASSOCIATION, INC.
THE BOCA WINDS HOMEOWNERS ASSOCIATION ARCHITECTURAL REVIEW COMMITTEE HAS ADOPTED AND APPROVED THE FOLLOWING ARCHITECTURAL REVIEW POLICIES, GUIDELINES AND PROCEDURES IN ORDER TO PRESERVE THE HARMONIOUS DESIGN OF THE COMMUNITY.
AUGUST 1, 1994
INTRODUCTION All residents benefit from the planning and design that has been an important part of the development of Boca Winds. The intent of the architectural standards is to assure the residents that the standards of design and quality will be maintained. This, in turn, protects the property values and enhances Boca Winds overall environment.
An essential element of architectural review is the recognition by all homeowners of the importance of maintaining the ambiance of the community. Design Standards should be viewed as a benefit and not as a burden to the community.
INTRODUCTION TO THE ARCHITECTURAL REVIEW COMMITTEE
PURPOSE The Declaration of Covenants and Restrictions (Declaration) of the Boca Winds Homeowners Association, Inc. (Association) assures each owner that the quality of Boca Winds design will be maintained. The Association is responsible for administering these covenants and providing administrative support to the Architectural Review Committee (ARC).
The ARC ensures that exterior alterations in Boca Winds comply with the guidelines as shown in Section 9 of the Declaration. All requests for exterior alterations must be submitted to the ARC and its approval received before they may be undertaken.
The purpose of this manual is to inform the homeowners of the design guidelines for Boca Winds and the procedures to be followed when requesting an exterior modification to their property. Each application received by the ARC will be evaluated on its own merits with reasonable flexibility for architectural function and creativity.
AUTHORITY The authority for the ARC is set forth in Section 9 of the Declaration of the Association, which was received by all homeowners when they purchased their homes. The Declaration encumbers all of the homes within Boca Winds.
The Declaration is a contract between the homeowners and the Association, wherein, per Section 9, the homeowners agree to refrain from making any modifications to the exterior of the homes and property without first receiving approval from the ARC.
The ARC is responsible to the Board of Directors of the Association. The Board is the ultimate authority for the Boca Winds Homeowners Association, Inc.
MEMBERS The members of the ARC shall be selected by the Developer until all Lots and Dwelling Units in Boca Winds have been fully Developed and all Lots and Dwelling Units have been sold to permanent residents. At such time as all of the Dwelling Units in Boca Winds have been sold to permanent residents, the Developer's rights and obligations to select members of the ARC shall terminate. Thereafter, the Board of Directors shall have the right, power, authority, and obligation to select members of the ARC.
MEETINGS The ARC shall meet as necessary to review Applications received and present their findings within thirty (30) days of receipt.
RESPONSIBILITIES On behalf of the Association, the ARC is empowered to adopt, promulgate, amend, revoke, and enforce guidelines (Design Standards) for the purpose of:
1. Governing the form and content of plans and specifications to be submitted to the ARC for approval or disapproval.
2. Governing the procedure for submission of plans and specifications.
3. Establishing guidelines with respect to the approval or disapproval of design features, architectural styles, exterior colors and materials, details of construction, location and size of any structure, landscaping, and all other matters that require approval by the ARC.
LIMITATION OF RESPONSIBILITIES The ARC approval is based only on the aesthetic features of the approved modification. The ARC assumes no liability with regard to the structural integrity of any requests. The ARC makes no representation as to their expertise regarding either the structural adequacy, capacity or safety features of the proposed improvement or structure as shown on the submitted plans or on the ultimate construction of the approved modification. The ARC does not assume the responsibility for the performance or quality of work of any contractor.
ARCHITECTURAL REVIEW COMMITTEE POLICIES The ARC does not seek to restrict individual taste or preferences. In general, its aim is to avoid harsh concepts in the landscape and architectural themes of Boca Winds and to foster thoughtful design so that there is harmony between neigh-boring residences. The ARC intends to be completely fair and objective in the architectural review process and to maintain sensitivity to the individual aspects of design.
REVIEW OF PLANS AND SPECIFICATIONS No structure of any nature (including without limitation exterior walls and fences) shall be commenced, nor shall any exterior addition to or alteration thereof, or addition to landscaping or change in landscaping from the original design concept, be made until the plans and specifications showing the nature, kind, shape, height, materials, color and location of the same shall have been submitted to the ARC for written approval as to quality, conformity and harmony of external design with the existing standards of the neighborhood and the standards of Boca Winds.
TIME LIMITATIONS After approval by the ARC, all improvements shall be completed within a reasonable time from commencement of the improvement. Projects which remain uncompleted for long periods of time are visually objectionable and can be a nuisance and a safety hazard for neighbors and the community.
The ARC may establish a specific time for completion as a condition of its approval.
In the event the ARC fails to approve or disapprove plans and specifications within thirty (30) days after they have been submitted in writing to the ARC in acceptable form, including all information necessary for their consideration and review, approval by the ARC shall be deemed to have been granted. The ARC shall have the right to request additional information if, in its opinion, the information submitted is incomplete or insufficient.
INSPECTIONS Periodic inspections may be made by the ARC while construction is in progress to determine compliance with the approved plans and specifications and provisions of the Declaration. The ARC or any such agent of the ARC shall not be deemed to have committed a trespass or other wrongful act by reason of such inspection.
JOB SITE CONDITIONS
1. All job sites shall be kept in a neat and orderly condition.
2. Construction hours are subject to rules and regulations as established by the ARC and/or the Association from time to time.
3. All construction operations must be performed in accordance with local governmental ordinances.
APPROVAL Upon approval by the ARC, a copy of the applicants plans and specifications bearing such
written approval, shall be returned to the applicant. Approval of any application shall be final and the approval may not be thereafter reviewed or rescinded provided that there has been compliance to all conditions of approval.
If the request for approval is disapproved by the ARC due to aspects of the request that can be remedied by the applicant, the recommended changes can be made to the request and returned to the ARC for approval.
VIOLATIONS If any alteration or modification is made without the required prior written consent of the ARC, the alteration has been undertaken in violation of the Declaration.
In no event may any alteration or modification be allowed to remain if in violation of any of the Covenants and Restrictions contained in the Declaration, or in violation of any zoning or building ordinance or regulation.
The ARC is empowered to enforce its policies, as set forth in the Declaration and this manual, by means specified in the Declaration, including an action in a court of law, to insure compliance.
KEY ARCHITECTURAL GUIDELINES The ARC evaluates all submissions based on the individual merits of the application. Besides evaluation of the particular design proposal, this includes consideration of the characteristics of the individual site and lot size, since what may be an acceptable design of an exterior in one instance may not be for another.
The following criteria is general in nature and applies to all of the dwelling units in Boca Winds.
Relation To Boca Winds Open Space
Factors such as removal of trees, disruption of the natural topography and changes in rate or direction of storm water run off may also adversely affect Boca Winds open space common areas.
Conformance With Covenants
All applications are reviewed to conform that the request is in consonance with all applicable Covenants and Restrictions affecting Boca Winds as recorded in the records of Palm Beach County
Validity of Concept
The basic idea of the proposed alteration requested must be sound and appropriate to its surroundings.
Design Compatibility
The proposed alteration must be compatible with the architectural characteristics of the applicant's house, adjoining houses and the neighborhood setting. Compatibility is defined as similarity in architectural style, quality of workmanship, similar use of materials, color and construction details.
Location and Impact On Neighbors
The proposed alteration should relate favorably to the landscape, the existing structure and the neighborhood. The primary concerns are access, view, sunlight and drainage. For example, fences may obstruct views, or access to neighboring properties; decks or larger additions may cast unwanted shadows on an adjacent patio or infringe on a neighbor's privacy.
Scale
The size of the proposed alteration should relate well to the adjacent structures and its surroundings. For example, a large addition to a small house may be inappropriate.
Color
Color may be used to soften or intensify visual impact. Parts of an addition that are similar to the existing house such as roofs and trim should be matching in color. No permission or approval is required to repaint in accordance with originally approved color scheme.
Materials
Continuity is established by use of the same or compatible materials as were used in the original house. For instance, an addition with wood siding may not be compatible with a stucco house.
Workmanship
Workmanship is another standard which applies to all exterior alterations. The quality of work should be equal to or better than that of the surrounding area. Poor practices, besides causing the owner problems, can be visually objectionable to others.
HOW TO MAKE APPLICATION TO THE ARCHITECTURAL REVIEW COMMITTEE Applications for exterior changes may be obtained from the offices of the Boca Winds Homeowners Association at Town Hall or from the Property Management Company. Completed applications should be hand delivered or sent to the association office, which will then forward them to the ARC for review at its next scheduled meeting.
A sample application form is attached.
SITE PLANA site plan or property survey should be included with the application showing the location of existing structures and the boundaries of the property. Proposed changes or additions should be indicated including dimensions and distances from the home and adjacent properties.
MATERIALS AND COLOR Samples of the materials and colors to be used and an indication of existing colors and materials should be provided. In most cases, a statement that the proposed wall, for example, is to be painted to match the existing house trim or house color is sufficient. Where materials and/or colors are compatible but different from those of the existing structures, samples or color chips should be submitted for clarity.
DRAWINGS AND PHOTOGRAPHSA graphic description of the request should be provided. This may be in the form of manufacturer's literature or photographs as well as freehand or mechanical drawings. The amount of detail should be consistent with the complexity of the proposal.
PALM BEACH COUNTY After receiving approval from the ARC, a permit may be required from Palm Beach County or other governmental authorities. The Applicant must determine whether this requirement applies to the requested modification.
THIRD PARTY COMMENTS Written comments from neighbors and other residents concerning proposed changes may be furnished to the ARC. These comments will be considered during the review process. The ARC, however, must still make its decisions based on standards set forth in the Declaration and further described in this Manual.
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BOCA WINDS HOMEOWNERS ASSOCIATION, INC.
ARCHITECTURAL REVIEW COMMITTEE (ARC)
ARCHITECTURAL STANDARDS AND CRITERIA
SUPPLEMIENT TO THE DECLARATION OF COVENANTS AND RESTRICTIONS
The following are ARC approved standards that are not specifically outlined in the Boca Winds
Declaration of Covenants and Restrictions.
1. WINDOWS, DOORS SCREENED PORCHES AND PATIOS
a. Bright-finished or bright plated (other than white) metal exterior doors, windows, window screens, louvers, exterior trim or structural members shall not be permitted. The use of brown, bronze or white anodized aluminum to match the original trim is the preferred material.
b. All screening and screen enclosures shall be constructed to utilizing bronze or white anodized aluminum.
c. The use of reflective tinting or mirror finishes on windows is prohibited.
d. Security bars on windows or doors must be approved by the ARC.
2. SOLAR PANEL
Solar water heating panels shall be reviewed on an individual basis, and if approved by the ARC, must be installed so as to present the least obtrusive condition.
3. EXTERIOR MATERIALS AND COLORS
a. Exterior artificial, simulated or imitation materials shall not be permitted without approval of the ARC.
b. The use of the following items are appropriate:
1. Stucco - similar in finishing and color as originally constructed.
2. Metals - factory finished in durable anodized aluminum in dark brown, bronze or white.
c. Exterior colors that, in the opinion of the ARC, would be inharmonious, discordant and/or incongruous to the Boca Winds Community shall not be permitted. Bright colors (other than white) as the dominant colors are prohibited.
4. ROOFS
a. Roof colors shall be an integral part of the exterior color scheme of the building.
b. No change in color or existing roofing material shall be permitted without the approval of the ARC. Roofing material must be either cement tile, clay tile or asphalt shingle. Wood shake is not approved. The only exterior finish roofing materials) approved for each individual neighborhood is as follows:
Baybury - Cement or Clay Tile
Carlyle Estates - Cement or Clay Tile
Hampton Park - Cement or Clay Tile
Heritage Square - Asphalt Shingle
Monterey Bay - Cement or Clay Tile
Regency Place - Asphalt Shingle
The Waterways - Cement or Clay Tile
c. Flat roofs are not permitted except as described in item d. below.
d. Flat deck first floor patio roofs which also serve as second floor balconies may be approved by the ARC. The second story balcony must be accessible from a second story door and must have a continuous railing at its perimeter. The first floor roof structure/second story floor must match as close as possible the existing house roof in materials and design. Detailed plans, in final form for Palm Beach County permitting, (showing all elevations) and specifications must be submitted for approval to the ARC.
5. GARAGES, DRIVEWAYS, WALKWAYS AND EXTERIOR LIGHTING
a. Any change from the existing garage door must be approved by the ARC. Circular driveways may be permitted where drive enters and exits on the same street.
b. No curb side parking areas may be created by extending any portion of the street pavement or curbing.
c. All proposed exterior lighting shall be detailed on the request for architectural modification. No exterior lighting shall be permitted which, in the opinion of the ARC, would create a nuisance to the adjoining property owners.
d. Driveways and walkways are to be brushed concrete unless otherwise approved by the ARC. Tile, stamped concrete or simulated concrete coverings must be approved by the ARC.
e. Driveway aprons must be concrete and may not be widened without the approval of the ARC.
f. Any proposed walkway must be approved by the ARC prior to installation. This includes poured walkways, stepping stones or any type of walkway.
6. HURRICANE PANELS, AWNINGS AND SHUTTERS
a. Bahamas shutters, metal fold-down awnings and canopies do not meet the standards of the community with respect to conformity and harmony of external design and shall not be permitted or affixed to the exterior of the residence. Canvas awnings may be approved after ARC review of colors and design drawings.
b. Permanent mechanical hurricane shutters and temporary metal or wood panels may be used or installed only to protect structures during periods of severe weather conditions and must be approved by the ARC prior to fabrication or installation.
c. Permanent mechanical shutters and temporary panels shall not be stored on the exterior of the residence and are to be used for a period of no longer than two weeks at any one time unless permission is granted by the ARC.
d. Panels or shutters may not be installed for security purposes.
e. Permanent mechanical shutters, including top channel and side tracks, must be color coordinated with the house colors. Colors must be approved by the ARC.
7. LANDSCAPING
a. All proposed landscaping must first be submitted to the ARC with house and lot survey prior to installation. Proposed landscaping must be shown on a lot survey which includes house and all concrete deck surfaces.
b. Removal of any existing landscaping must be approved by the ARC. Replacement of like kind and size will be required.
c. All landscaping installed with approval by the ARC must be maintained to the standards as set forth by the Association.
d. No landscaping may be planted within any lake maintenance easement or utility easement.
8. FENCES
a. No wooden fences of any type are permitted to be installed within the Neighborhoods of Baybury, Carlyle Estates, Hampton Park, Heritage Square, Monterey Bay and The Waterways. The prohibition of wooden fences to be used for Model Homes, sales and marketing purposes by the Declarant does not apply.
b. Six foot high, cypress, shadow box fencing identical to the existing zero lot line privacy wall fencing, is permitted only within the Neighborhood of Regency Place. Shrubbery with sufficient height and fullness shall be placed on the outside of the fence to completely conceal it from view (excluding gate) from any street.
c. Four foot or five foot high white aluminum or white wrought iron fencing is permitted within any Neighborhood.
d. Chain link fences are approved in the Neighborhoods of Baybury, Carlyle Estates, Hampton Park, Heritage Square, Monterey Bay, Regency Place and The Waterways with the following conditions:
(1) Maximum height of five feet.
(2) Must be an all black (vinyl coated wire with black posts and rails) installation.
(3) Shrubbery with sufficient height and fullness shall be placed on the outside of the fence to completely conceal it from view on all sides. Chain link fences to be installed on lake front lots will require this landscaping hedge only to the rear end of the house on either side so as not to interfere with lake views of adjacent properties.
e. No fencing shall be placed in any lake maintenance or utility easement without the prior written consent of the party to whom the easement is dedicated.
f. Fencing of the front yard is not permitted. Complete rear yard fencing is discouraged as the feeling of open space and the unity of the surrounding area is an important part of the Boca Winds Community.
9. BASKETBALL HOOPS
a. Basketball hoops are to be standard height (10 feet) with black aluminum pole and white or clear backboard. The location of the pole must be approved by the ARC.
b. Pole and backboard must be the type that can be removed prior to hurricane strength winds.
c. Pole must be centered between the sidewalk and house on the outside of the driveway and must be cemented into the ground. Temporary, movable or portable systems are not permitted.
d. Basketball can only be played between the hours of 9:00 A.M. and sunset.
e. Cars must not be moved from the driveway and parked on the street when playing ball on the driveway.
10. SWIMMING POOLS
a. Proposed pool, decking, screen enclosure and landscaping plans with survey must be submitted to the ARC for review.
b. Above ground swimming pools shall not be permitted. Swimming pools shall not be permitted on the street side of the residence.
c. No decking, screening or landscaping may be installed on any portion of the lake maintenance easement.
d. All pool equipment and heaters must be screened from view with landscaping from adjacent properties and roadways.
e. Spas or hot tubs will be permitted only when their placement does interfere with the neighboring homes and will not create a nuisance. It is recommended that with the application for approval to the ARC, comments from neighbors be included. Any spa or hot tub that is permitted must also conform to all local zoning ordinances regarding this type of installation.
11. AIR CONDITIONERS, GARBAGE AND TRASH CONTAINERS
a. Window and/or wall air conditioning units shall not be permitted.
b. All garbage and trash containers shall be placed in an enclosed or landscaped area as approved by the ARC so as not to be seen from the street or adjacent properties.
12. ANTENNAS, FLAGPOLES, SIGNS AND MAILBOXES
a. Outside antennas or satellite dishes are not permitted.
b . A flagpole for display of the American Flag only shall be permitted, subject to ARC approval of placement and design. The prohibition of Model Home and Sales Flags does not apply to the Declarant. No flagpole shall be used as an antenna.
c . All signs, billboards, and advertising structures are prohibited on any lot or structure except with the written permission of the ARC. This prohibition does not apply to the Declarant. The ARC shall determine form, size, color, content, time of placement and location of any sign. No sign shall be nailed or attached to a tree.
d. Mailboxes have been designed and installed for each community by the Developer. Any modifications must first be approved by the ARC.
13. ACCESSORY STRUCTURES, PLAY EOUIPMENT AND DECORATIVE OBJECTS
a. No structure of a temporary character, accessory structures, tool sheds or other outbuilding shall be permitted or used on the property at any time.
b. All playground equipment or playhouses shall be placed to the rear of the property and only with approval of the ARC.
c. No decorative objects such as sculpture, birdbaths, fountains, and the like shall be placed or installed on the street side of any lot without approval of the ARC.
d. No clothes lines or similar structure shall be permitted on any portion of the property.
14. ATTIC VENTILATORS OR SKYLIGHTS
a. Attic ventilators or other apparatus requiring penetration of the roof should be as small in size as functionally possible and should be painted to match the roof. They should be located generally on the least visible side of the roof and not extend above the ridge line. Approval of any ventilators must be obtained from the ARC prior to installation.
15. PATIO AND PATIO ENCLOSURES
a. Patio enclosures are an extension of the home and have a significant impact on its appearance. All enclosures should be designed to conform to the contours of the house. Color and materials should be compatible with the existing home and surrounding homes. All patio enclosures must have ARC approval prior to the commencement of construction.
b. The roof of the patio enclosure should conform to the roof on the home as closely as possible. Insulated aluminum roofs will not be permitted.
c. All patios, patio slabs and courtyards must be approved by the ARC prior to installation.
16. PERMANENT BARBECUES
a. Permanent barbecues may be permitted but should not be a dominant feature on the landscape and should be located so they will blend as much as possible with the natural background. Supplemental planting should be provided to soften the visual impact of the barbecue, particularly when little or no natural background or screening is available.
b. No permanent barbecue shall be installed until approval is received by the ARC.
17. MAJOR EXTERIOR ALTERATIONS
a. The design of major alterations should be compatible in scale, materials, and color with the applicant's house and adjacent houses.
b. The location of major alterations should not impair the views or amount of sunlight and natural ventilation on adjacent properties.
c. Roof pitch should match the type used in the applicant's house.
d. New window's and doors should match the type used in the applicant's house and should be located in a manner which will relate well with the location of exterior openings in the existing house.
e. If changes in grade or other conditions which will affect drainage are anticipated, they must be indicated. Generally, approval will be denied if adjoining properties are adversely affected by changes in drainage.
f. Construction materials should be stored so that impairment of views from neighboring properties is minimized. Excess material and debris should be immediately removed after completion of construction.
g. Gutters and downspouts must match the trim on the house and be as inconspicuous as possible. Run-off must not adversely affect the drainage on adjacent property. All gutters and downspouts must have the approval of the ARC prior to installation.
THE ARCHITECTURAL STANDARDS MAY BE REVISED FROM TIME TO TIME AS NECESSARY
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