ARCHITECTURAL CONTROL BOARD
GUIDELINES
(As Approved by Board of Directors on 09/29/06)
I. Introduction:
The intent of the contents of this guide is to provide the guidelines required
for maintaining an aesthetically pleasing community. Adhering to these
guidelines is beneficial for all involved in that they are meant to protect
the investment of the homeowners, as well as portray a quality community
of well-planned homes.
If you plan to make changes to the exterior of your home or the landscaping
around your home, you should review these guidelines and you must submit
an application for any changes to be made.
A copy of the ACB Application form may be obtained from the Property Management
Company. In conjunction with the Bylaws and Covenant documents for
Terms such as “good taste” and “sound design” are difficult to define and
even more difficult to legislate. It is the intent of these Guidelines
to establish good design. Elements such as deed restrictions, appropriate attention to scale, and
proportion to the community will be considered by the ACB with all requests.
Please keep in mind that these guidelines are a tool. They can be changed as community needs arise in the future. Nothing contained in these Guidelines shall obligate any agency, governmental
or otherwise, to approve plans submitted, nor shall the approval of the
ACB be construed as meeting the requirements of neither the City of Clermont
nor any governmental agency required for approval.
II. The Review Process:
A. Review of Application by the ACB:
It is required that a homeowner submit to the ACB through the Property
Management Company, a document review application for the modification
that is being requested, along with a set of plans. The information required for the review is as follows:
1. Application Form
2. Site Plot Plans (showing the approximate location and dimensions to scale
of all existing improvements, including driveway, irrigation, and swimming
pools).
3. Exterior Elevations—all sides (if applicable).
4. Concept Landscape/Irrigation Plans (if it involves any modification to
the current landscape).
5. Any other information, data, and drawing as may be requested by the ACB.
The ACB shall review the information and indicate its approval, disapproval
or recommendations for change to the plan. The ACB will review the accompanying documents within 45 days and provide
approval or disapproval. Any approved project must be completed within 180 days or the approval
will be void. Time extensions may be authorized by the ACB.
No construction or structural improvement, no alteration or addition to
any existing structure or site improvement shall be made on any property
until the plans and specifications showing the proposed design, nature,
type, shape, size, exterior paint color, materials, and location of same
shall have been submitted to, and shall have received final approval by
the ACB.
B. Submission of Plans to the Building Department:
Following the approval of the ACB, if it is required, the owner must submit
their plans to the Building Department, or the required agencies, which
have jurisdiction for required permits. Changes required by the said agencies must be re-approved by the ACB. Any modification to the original application for any reason must be re-approved.
C. Final Inspection:
The ACB shall have the right to enter upon and inspect any property at
any time before, during or after the completion of work for which approval
has been granted. Upon completion of the improvement, the Homeowner shall give notice to
the ACB. At this time, it will be reviewed for compliance with the approved
plans. No project will be considered approved until this final review has taken
place. Any damage caused by the homeowner or his contractors, including but not
limited to the common areas, streets, curbs, drainage inlets, sidewalks,
street signs, walls, community signage, landscaping, irrigation, etc.,
must be repaired or the damage will be repaired by the Association and
such costs will be charged to the owner as a special assessment.
NOTE: All homeowners shall be held responsible for the acts of subcontractors,
and any other persons or parties involved in construction or alteration
of the home site. The responsibilities include but are not limited to the following:
1. Ensuring the construction site, community properties and roadways are kept
clean and free of all debris and waste materials, and that stockpiles of
unused materials are kept in a neat and orderly fashion within the homeowner’s
property.
2. Prohibiting the consumption of alcoholic beverage, illegal drugs or other
intoxicants that could hamper the safety or well being of other personnel
on the site.
III. CONSTRUCTION STANDARDS:
A. Architectural Changes
One of the main purposes of the ACB is to maintain the architectural integrity
of homes in the community. For the common good of the owners, all homes should remain as close as
possible to the architectural scheme that was initially established in
B. Patios, Screen Doors, Vinyl Windows, and Screen
Enclosures:
If a screened patio extension is requested on the rear of the home, a set
of plans must be submitted with the Architectural Request, as well as a
Plot Plan showing where the proposed extension will be placed. All, improvements
of screen enclosures or additions of screen doors must be approved in advance
by the ACB. In addition:
1. Screening of porches may be allowed with those elevations specifically
designed with a front porch (rather than entry), with prior approval...
2. Screens must be black/charcoal in color.
3. Screen enclosure framing must be white aluminum.
4. Front porch screening must not contain a kick plate, and cannot have any
operable windows.
5. Screened areas are not to be utilized as a storage facility.
6. Screen porch extensions require a permit, and all set back requirements
must be met.
7. It will be necessary for homeowners to landscape around the screened enclosure
including a mulched bed, and that the irrigation is moved accordingly to
ensure proper coverage.
8. Screen doors must be white framing with black/charcoal screen and pre-approved
by the ACB.
9. Decorative grilles or bars must be approved by the ACB.
10. With ACB approval, Vinyl windows will be allowed and must be located on
the interior of the screen. Frame color must be white.
11. It will be the responsibility of the Homeowner to fully maintain all additions
to patios, screen doors, and screen enclosures. The Association will not
assume any responsibility for warranty or care of the additions.
C. Landscape and Irrigation:
1.
The maintenance of the Lot, including cutting the grass and maintaining
all landscaping originally installed by the Developer shall be the complete maintenance responsibility of the Association.
The maintenance and/or repair of landscaping on an Owner’s
The maintenance of the residence and related improvements constructed on
the
The maintenance of all landscaping installed on a
The Owner shall be responsible for the maintenance, repair and replacement
of their mailbox. Any replacement mailbox must. match all other existing mailboxes in the
community.
2. Any modifications to the Irrigation System that are required due to changes
by the Homeowner shall be paid for by the Homeowner.
3. Landscape and irrigation plans must be drawn to scale as indicated on plans
with the following information:
(
( North designation.
( Existing trees and plants to remain (indicate type).
( Existing berms or other natural lot characteristics to remain (indicate
type).
( Note use of land adjoining property line (e.g., adjoining lot with lot
number, street, golf course, etc.)
( All existing and proposed structures (including house, patios, pool, privacy
walls, etc.).
4. Landscaping of Easements: In addition to the easements reserved herein,
easements for drainage, installation and maintenance of utilities and for
ingress and egress are shown on the recorded plat(s) of the Property. Within
these easements no structure, planting or other material may be placed
or permitted to remain that will interfere with vehicular traffic or prevent
maintenance of utilities. Public utility companies servicing the Property
and the Association, and their successors and their assigns, shall have
a perpetual easement for the installation and maintenance of water lines,
sprinkler lines, sanitary sewers, storm drains, gas and electric lines.
5. Each home site or grounds and commons area between lot line and street(s)
cleared of natural vegetation and having exposed soil must be covered with
sod, plants, trees, mulch, or other approved ground cover in accordance
with plans submitted to and approved by the ACB.
6. No topsoil shall be left exposed on home site following construction improvement.
7. All plant material will be suited to growing conditions in
8. Lawns, new plants, shrubs and other landscaped areas must be fully sprinkled
with an underground multi-zoned irrigation system.
9. No over-spray directed on adjoining home sites or common areas will be
permitted.
D. Trees:
1. To preserve the natural assets of the home site, no tree greater than 6”
in caliper, measured at six inches above the ground, can be removed. Any tree removal requires the approval of the ACB.
2. No trees will be planted within easements or drainage swales.
3. There must be a minimum of three hardwood trees on all property lots.
E. Sod:
The area of the front, side and rear yards that is not covered with the
home, driveways, walkways, patio, pool, trees, shrubs, mulch, and natural
uncleared foliage shall be sodded. Sod shall be of
F. Mulch:
Pine Bark is the only mulch that will be maintained and replaced by the
Property Landscape Company. Any other material must be approved by the ACB and maintained and replaced
by the owner.
G. Nuisance:
No noxious or illegal activity shall be carried upon any Lot, nor shall
anything be done thereon which may be or may become an annoyance or nuisance
to the neighborhood or any other
H. All landscaped areas should be designed to allow for cutting of lawn areas. There must be a minimum of six feet between all trees, and between all
defined flower beds, and between any decorative rocks located in lawn areas.
GENERAL COMMUNITY REQUIREMENTS
A.
Exterior Color:
Color must appear consistent on all sides. Color selections, including trim color, windows, gutters and similar exterior
accessories must be selected from the required ACB palette, and may not
be the same color as neighbors on either side.
The Architectural Control Board will supply you with the name and color
number as supplied by MAB Paint. You may purchase your paint from MAB or any other paint supplier. If the paint is purchased from a supplier other than MAB, the color will
be required to be the same as the MAB product. Upon receipt of your paint you should paint a small area of your exterior
wall and then notify the ACB. The ACB will send a representative out to match the approved color with
the painted sample. When the sample is approved as a good match you will receive an approval
in writing and may then proceed with the painting of the home.
Do not proceed with the painting of your home until the painted sample
has been approved in writing by an Architectural control board representative.
B. Exterior Veneer:
Exterior materials must be consistently applied on all sides of the building
with workmanship consistent with that of other homes in the community.
The veneer must be stucco, unless approved by the ACB.
C. Exterior Concrete Pavement:
Homeowners shall not use any paint on exterior concrete pavement.
D. Exterior Mechanical Equipment:
This guideline applies to the installation of exterior mechanical equipment
including, but not necessarily limited to, pool heaters, pool filters,
water softeners, permanent generators and related equipment.
1. Equipment shall be located adjacent to existing sidewall of home and placed
upon a concrete slab or similar hard surface.
2. Maximum height of equipment above ground shall be 4 feet (not including
vent pipes controls or disconnects).
3. Equipment shall be screened from view by the installation of hedge-like
plants similar to existing landscape design.
4. Permanent generators can only operate on natural gas provided by the home-service
gas line.
5. The Association will assume no responsibility or warranty for the equipment
or shrubs.
E. Flags:
One flag in the front and one flag in the back per home will be allowed
with approval by the ACB. The flagpole must be mounted to the home directly
to the left or right of the front door, or the garage door. Flags must
be flown on a pole in an outward fashion from the home. Flags may not be
flush mounted on the home. Flagpoles may only be allowed in back yards
and must not exceed 20 feet in height. Telescopic poles are recommended.
F.
Banisters/railings:
Banisters/railings will not be extended into the front yard beyond the
roofline without ACB approval.
G.
Garage Screen Enclosures:
Garage screen enclosures must be the Roll Screen or sliding type and must
be installed within recess of garage door. Framing and screening must be
white in color. Garage screening shall be maintained in an up or fully
closed position. Homeowner must ensure that the garage is not used as additional
living space. In addition, Homeowner must maintain garage screen enclosure
in an aesthetic appearance. The Association will not assume responsibility
for or warranty for modifications or additions to the structure.
H. Fences, Walls and Hedges
No fence, fence-like hedge or wall shall be erected in the back, front
or side yard except as approved by the ACB or was installed by the Developer.
I. Hose Reels:
Hose reels will be permitted on the sides of the home. They shall be mounted
no greater than 5 feet from the ground. Hose reels, or hoses will not be
permitted to sit in the grass or on the ground, but will be allowed to
remain reeled on a concrete pad or in an existing flower bed, if the hose
in the flower bed is on a reel and concealed from street view.
J. Lighting:
1. Exterior Lighting: Flood lighting of front elevation and front property
shall not be allowed unless approved by the ACB. Indirect down lighting
and up lighting is recommended. No flood lighting of adjacent property
and common areas shall be allowed.
a. Exterior lighting fixtures on front elevation must be in harmony with
elevation color and the character of the community.
b. Wiring and lighting source shall be kept concealed from street view,
and no colored lights or lenses shall be permitted. The exception is Christmas
lighting, which must be taken down no later than the last week in January.
2. Security Lights: Security lights mounted on the home are permitted.
Homeowner shall obtain and pay for all permits if required by local authority
having jurisdiction.
( Security lights shall be of the simple lamp holder type and not a decorative
luminaire.
( Lamp holder and lamp cover (if any) shall be white in color and mounted
to the metal soffit under the eave or rake of the roof. Wall mounting not
permitted.
( Maximum of two lamps per holder at any one location. Maximum of four locations
on the home. Maximum wattage per lamp shall be 150 incandescent.
( Lamps shall be aimed so as not to illuminate adjacent neighbor’s homes.
( Lights shall be turned on by means of a motion detector or other security
breech detector. Lights shall not remain on for more than several minutes
for each activation. Lights may not be left on “all night.”
( The Association will not have or assume any responsibility or warranty
for the security light system or the adequacy or performance of the system.
K. Outbuildings:
No freestanding outbuildings are permitted.
L. Plants:
Potted plants will be allowed under the following conditions:
1. Potted plants are permitted in the front and rear of the home. They
must be maintained in a healthy aesthetic fashion by the homeowner, and
must not interfere with the cutting of lawns.
2. Annual flowers may be planted in established beds without approval,
but must be maintained in an aesthetic fashion. All other plantings must
have a plot plan with desired location, and a detail of what types of plants
will be planted and submitted to the ACB for approval. No new flower beds can be placed that would hinder the cutting of lawns. Attention to scale and proportion will be considered by the ACB.
M. Pools, Pool Enclosures, Spas, Hot Tubs and Fencing:
1. Pools, pool enclosures, spas, hot tubs and Screening shall be constructed
to meet industry-tested and proven standards.
2. Pools, spas and hot tubs must be integrated into the grade and topography
of the home site.
3. No above ground pools shall be permitted.
4. Pools, spa and hot tubs must be enclosed in a screen porch area and must
adhere to the restrictions in this manual.
5. Pool and screen colors must be approved by the ACB.
6. No screen enclosures may be constructed on any
7. Screen enclosures should integrate architecturally with the home, and must
be approved by the ACB before installation.
Roof Gutters:
Gutters and downspouts shall be seamless aluminum metal and white in color.
1. Splash blocks must be provided at the base of all downspouts.
2. Homeowners shall maintain and repair all gutters, downspouts and splash
blocks in perpetuity.
3. Homeowners shall assure that drainage from downspouts is directed towards
the natural drainage pattern causing no erosion or pooling.
4. The Association will assume no responsibility or warranty for the roof
gutters and downspouts and the substrate to which it is applied.
Solar Panels:
Homeowners are to ensure that the panels are maintained on the back 1/2
portion of the roof per measurement of plans.
The panels must blend with the color of the roof unless approved by the
ACB.
2. Piping below the roofline must be painted the same color as the home.
3. Any exterior equipment must be screened with the appropriate landscaping.
4. Homeowner shall maintain the panels in an aesthetic appearance.
5. Homeowner shall assume responsibility for the supervision of all contractors
on the site, and the conduct of all workers on the site.
6. Homeowner shall immediately remedy any damage to the site and adjacent
premises caused by any contractor or worker. Failure to take such action
in a timely manner will be cause for the Association to correct said damage
at homeowner’s expense. The Association will assume no responsibility for
the maintenance or warranty of the panels.
P. Statues:
With the proper application, statues may be permitted. The number and size
of each statue must be approved by the ACB. All statues must be placed within existing flower beds that abut the home. Aesthetic value, attention to scale and proportion to the community will
be considered by the ACB when approving statues.
Q. Storm/Hurricane Shutters:
Storm shutters are to be installed only in the event of a storm warning
and must be removed no later than three days after the warning is lifted. Housing for permanent roll-up shutters must be white or match the color
of the home.
R. Window Tinting:
1. All window-tinting additions must be perpetually maintained and cared for
by the Homeowner.
2. Window tinting must have a % of solar reflectance of less than 33%, and
a % of solar absorption below 45%
Tinting must be charcoal in color.
Signs:
One sign of not more than one square foot may be used to indicate the name
of the resident and/or house number. No sign of any kind shall be displayed to public view on the golf course
property side of any lot. No sign of any kind shall be displayed to the view on the property, with
the exception of one 18 inch by 18 inch “For Sale” sign by owner or realtor,
which shall be placed in the front window unless approved by the ACB.
T. Communications Equipment:
No antennas, aerials, or lines, wires or other devices for communication
or transmission of current shall be placed on the property unless approved
by the ACB with the exception of a direct broadcast satellite dish that
is less than one meter in diameter. The reasonable location of the dish must be approved by the ACB.
U. Temporary Structures:
No temporary structures such as, but not limited to, tents, portable gazebos,
and trailers are allowed on any homeowner’s lot.
Air Conditioning Units:
Wall or window mounted air conditioning units are not allowed.
Awnings:
No awnings are allowed, unless approved by the ACB.
Lamposts:
No lampposts are allowed
Decorative Rocks:
Decorative rocks will be allowed if enclosed in a flower bed.
Neither the builder, nor the Association will take any responsibility for
maintaining additions/modifications to the home, or for damage done to
any of the additions/modifications for any reason.
Any violation of these guidelines or any construction item or modification
not conforming to the approved plans will be considered a violation of
the conditions of the Documents, and any legal action necessary will be
taken to correct the violation.
Each member and the member’s tenants, guests, and invitees, and each association,
are governed by, and must comply with, the Florida State Homeowners’ Association
Statute, Title XL, and Chapter 720.
Therefore, in compliance with the above, the
Homeowners’ Association has enacted the following remedies at law
that shall be imposed when it is determined that a violation to the
Covenants and/or Guidelines have occurred.
The Association may suspend, for a reasonable period of time, the rights
of a member or a member’s tenants, guests, or invitees, or both, to use
common areas and facilities and may levy reasonable fines:
(1) A letter will be sent to the homeowner citing the infraction and the remedies
that must be taken. The homeowner will have 30 days to remedy the violation,
or 14 days to respond to the letter. If the homeowner does not remedy the
violation within 30 days, a second letter will be sent to the homeowner.
The homeowner will have 14 days to respond to the second letter.
(2) The homeowner will be entitled to a hearing within 30 days from receipt
of the first letter, or two weeks after receipt of the second letter, before
the Architectural Control Board (ACB) to explain any mitigating circumstances
and/or why the violation notice should be withdrawn.
(3) The ACB will make its determination within 14 days following the hearing
and notify the homeowner by letter. If the ACB by majority vote does not
approve a proposed fine or suspension, it may not be imposed. However,
the determination by the ACB shall be final.
(4) If the homeowner has not responded to the second letter within 14 days,
a third letter will be sent, notifying the homeowner that a fine of $100.00
will be levied on the basis of each day that the violation continues, up
to $1,000.00.
(5) If the homeowner does not pay the fine and remedy the violation, the Association
may take action to have the violation remedied, with any and all costs
occurring payable by the homeowner.
(6) If the homeowner does not pay the fine(s) or remedy the violation as the
ACB sees fit, when the amount levied reaches $1,000.00, the Association
may take legal action against the homeowner and a lien may be placed upon
the property of that homeowner.
(7) The prevailing party in any such litigation is entitled to recover reasonable
attorney’s fees and costs. This section does not deprive any person of
any other available right or remedy.
These Guidelines and Remedies regarding Violations are incorporated into
the
ARB Revised 11/14/2006
