Brookshire Community Association€¦ · 1. Homeowner completes the ACC Request for Architectural Improvements Form, attaching required information as specified on the form and returns

Brookshire Community Association March 12, 2010

Homeowner’s Guidelines for Architectural Improvements

Brookshire Community Association

Policy and Procedure governing requests, approvals, guidelines, enforcement, and

monitoring of architectural improvements to existing dwellings and structures in

the Brookshire Subdivision.


Page 2 of 14 Brookshire Community Association

Introduction

This Guide presents the architectural standards for improvements to existing dwellings and structures,

which are detailed in the Article VIII of the Declarations of Covenants, Conditions, Restrictions and

Easements for Brookshire Subdivision. A copy is available upon request from the Architectural Control

Committee. A document copy fee may be required.

If the improvement is to be an addition or extension to the primary dwelling and will become part of the

dwellings heated living area, it is considered new construction, and must be submitted as such.

Whereas Article VIII is a comprehensive description of the administrative body, regulations, standards,

and enforcement that govern the both the construction of new structures as well as improvements to

existing structures, this document is organized to address improvements.

A separate document, Builder’s Guidelines for New Construction is available which addresses the

construction of new residential dwellings and related structures.

The Association through its Board of Directors and the Architectural Control Committee is committed to

the following guiding principles:

o Promote and support new construction in the subdivision

o Preserve and enhance the value of existing homes

o Provide clear and reasonable guidelines and procedures for improvements and new

construction

o Enforce the restrictions and regulations set forth in the Association’s governing documents

The overall purpose is to facilitate the growth and enhance the value of our neighborhood. It is the

desire of the Association to fulfill this purpose with open and clear communication.

Please be assured that you can direct questions or concerns to the President of the Association or the

Chairperson of the Architectural Control Committee, and you will receive a prompt and complete

response.



Definitions

When used in this document, the following words will have these indicated meanings:

a. “ACC” means the Architectural Control Committee for the Brookshire Community Association.

b. “Declaration” means the Declarations of Covenants, Conditions, Restrictions and Easements for

Brookshire Subdivision.

c. “Lot” or “Lots” means any parcel of land recorded on Brookshire Subdivision Phase I or Phase II

plats on which a single-family residence may be or is currently being constructed.

d. “Board” or “Board of Directors” means the Board of Directors of the Brookshire Community

Association.

e. “Home” means a residential dwelling erected on a Lot.

f. “Improvement” means any alteration or addition to an existing structure, or the construction or

addition of any new structure upon a Lot.



Obtaining Approval for Improvements

Before improvements commence, the Architectural Control Committee must approve all relevant

aspects of the proposed improvements. The approval process takes the following steps. Contact

information and a copy of the request form can be found at the end of this document.

1. Homeowner completes the ACC Request for Architectural Improvements Form, attaching

required information as specified on the form and returns it to the ACC.

2. ACC convenes, reviews request for completeness and compliance. If further information is

required the ACC will specify this in writing, and forward it to the homeowner.

3. If further information was required, the homeowner will provide this information to the ACC.

4. ACC forwards its approval or non-approval of the request, in writing, to the homeowner within

30 days of the initial request. A non-approval will be accompanied by a clear explanation and

options for resubmission.

Once ACC approval is obtained by the homeowner, no further approval is required, unless:

a. The improvement has not substantially commenced within six (6) months, or

b. The plans and specifications are altered or changed.

If either of these occurs, the homeowner must contact the ACC and resubmit the request, following the

steps detailed above.



Responsibilities of the Homeowner

The homeowner is responsible for the following:

1. Read and comply with the procedures and requirements set forth in this document.

2. Read and comply with the relevant Articles in the Declarations of Covenants, Conditions,

Restrictions and Easements for Brookshire Subdivision.

3. Comply with all applicable state, county, and municipal zoning and building restrictions.

4. Not commence the improvement before approval is granted by the ACC.

5. Complete any construction or improvement within one (1) year of the commencement date of

the construction or improvement.



Responsibilities of the Architectural Control Committee

The ACC is responsible for the following:

1. Adherence to the governing policy and procedure set forth in Article VIII of Declarations of

Covenants, Conditions, Restrictions and Easements for Brookshire Subdivision.

2. Return an approval or non-approval response to the homeowner within 30 days of the receipt of

the request by the ACC.

3. Respond in writing, promptly and clearly, to all reasonable and relevant questions and requests

by the homeowner.

4. Monitor the progress of the improvement and intervene as necessary in the case of

noncompliance of any provision set forth in this document or the Declaration.

The ACC is authorized to request additional information or clarification after initial submission of the

request form. The request cannot be approved until the ACC is provided all the information it deems

necessary to render a decision.

Note that, in some cases, the ACC may require professional consultation to complete the approval

process. Fees arising from such consultation will be considered an application fee, and therefore

payable by the homeowner to the ACC. Non-payment will result in the denial of the construction

request. The ACC will notify the requesting party of the need to contact the professional consultant

prior to doing so.



Architectural Standards

As described in the Declaration, the ACC has broad authority to rule on all aspects of the planned

improvements as to their adherence to published standards, but also can make judgments based solely

on aesthetics. However, the ACC provides the following standards which address common and

customary improvements. These standards are drawn from either the Declaration or Resolutions by the

Board of Directors.

Standards

Fences

A fence is defined as any barrier intended to prevent escape or intrusion or to mark a boundary.

This definition includes fences erected for their aesthetic appeal or to complement landscaping.

Gates or other entry or exit points are considered part of the fence. Fences may not be closer to the

street than the mid-point between the front and back of the house without the approval of ACC. It

is expected that a new fence being installed will meet an existing fence line if the neighboring

property has an existing fence on the adjoining side of the structure. This will be accomplished by

discussing the fence line with the neighbor and if there is a disagreement, the parties will bring it to

the attention of the ACC. The ACC will assist with determining the appropriate placement in a timely

manner. The height of the fence, which is the shortest distance from any point on the top of the

fence to the ground, shall be no higher than six (6') feet. The height limitation shall apply to all parts

of the fence, including posts, but shall exclude arbors, post caps or other post adornments. Any

such post cap or post adornment shall not cause the height of the fence to exceed six feet and six

inches (6'6"), nor shall they be higher than six inches (6") by themselves. If the fence is painted or

stained, such color shall complement the color of the house and be approved by the Architectural

Control Committee. Such color shall be applied consistently to all sides of the fence. The posts will

be placed on the inside of the fence facing the installer’s property.

Utility Buildings

Detached utility structures are permitted, but must be designed to complement the architectural

components of the dwelling.

Antennas

A digital television antenna, radio receiver, satellite dish or other similar device cannot exceed a size

of one (1) meter. Such a device must not interfere with the reception of television or radio signals

within the Subdivision. The location of such a device is subject to the approval by the ACC. In no

case, will the item be placed on the forward facing side of the house or structure.

Pools and Spas

Pools and spas are permitted, but must be designed to complement the architectural components

of the dwelling. No above ground swimming pools are to be installed on any Lot.



Basketball Goals

Permanent basketball goals and other recreational equipment and playground equipment must be

placed or installed at the rear of the dwelling and are subject to the approval of the ACC. Portable

basketball goals can be placed in front in the driveway; none are allowed in the street.

Deck, Patio, Sun Porches

Deck, patio, sun porches or similar structures not included in the dwelling’s heated living area are

permitted with the approval of the ACC.

Setback Lines

No exterior portion of any structure or other improvement (excepting sidewalks and driveways)

must comply with the applicable setback line restrictions as described on the Phase I or Phase II

plats and compliant with county and municipal ordinances (contact the Community Development

Department, County of Lexington, SC for more information.)

Irrigation Systems

Irrigation systems for turf and landscaping elements are permitted with the approval of the ACC.

Such systems must meet all county guidelines.

Private Wells

No private water wells may be drilled or maintained except for irrigation. The system specifications

and location are subject to ACC approval.

Landscaping

Landscaping elements such as trees, shrubs, bushes, and lighting systems are permitted, but must

reflect existing standards and established design of the subdivision. They are to be tastefully

compliant and may be subject to ACC approval.

External Finishes

Painting or changing the external finish of a dwelling is permitted, but the paint colors or finishing

materials are subject to ACC approval.

Playscape

A playscape or similar children’s playground or other recreational equipment is permitted only at

the rear of the dwelling and with the approval of the ACC.



Enforcement

The ACC has broad authority to act in response to violations of this document or to the Declaration. The

ACC is empowered, through its attorneys at Rogers, Townsend & Thomas, to compel improvement or

construction activities to cease or for elements and structures to be removed. The costs and expenses

associated with such actions become the personal liability of the Homeowner and will become a

permanent charge and lien upon the Homeowner’s Lot, enforceable by the Association in the same

manner as other liens.

However, it is clear that this is not a desirable option for anyone, and the ACC pledges to work closely

and cooperatively with the Homeowner and its representatives to ensure such actions will not be

necessary.



Contact Information.

Brookshire Community Association

Architectural Control Committee

Chairperson Vice-Chair

Paul Wills Address

202 Overhill Ct Phone

Lexington, SC 29073

<Phone> Email

[email protected]>



Architectural Improvements Request Form

Homeowner’s Information

Name: Address: Daytime Phone: After Hour Phone: Email:

Subcontractor’s Information

Company: Contact Name: Contact Phone: Contact Email:

Improvement Schedule

Scheduled Start Date Anticipated Completion Date



Planned Improvements

Indicate planned improvements by checking all that apply.

Fence Private water well

Utility building or storage shed Deck, patio, sun porch, or similar structure

Antenna or satellite dish Playscape

Swimming pool Landscaping

Antenna or satellite dish Painting external areas of dwelling, fence, or other structure

Basketball goal Changing or replacing the external finish of house or other structure

Irrigation system Other improvement(s) as described below

Attach all plans, drawings, specifications, and locations for these indicated

improvements to this form.



Acknowledgement

I have read and understand the provisions of the Brookshire Homeowner’s Guidelines for Architectural Improvements and all relevant Articles of the Declarations of Covenants, Conditions, Restrictions and Easements for Brookshire Subdivision. I also acknowledge that I am responsible for complying with all applicable state, county, and municipal zoning and building restrictions.

Signature Date

Send this form and all attachments to: Brookshire Community Association Attn: Architectural Control Committee 202 Overhill Ct. Lexington, SC 29073 For ACC Use Only: Receipt Date Received By Approved By _________________________________

Approval Date ________________________________________



Attachments

Please describe all attachments to this form in the space below.

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Documents

Brookshire Community Association€¦ · 1. Homeowner completes the ACC Request for Architectural Improvements Form, attaching required information as specified on the form and returns