Architectural Guidelines
Table of Contents
I.
OVERVIEW
II.
ARCHITECTURAL CONTROL COMMITTEE
D.
Attendance
E.
Voting
F.
Records
G.
Removal
H.
Compensation
A.
General
B.
Applications
C.
ARC Decisions
D.
Architectural Control Committee
E. Status of Applications During Appeal
1.
Sidewalks
2.
Front Walks
3.
Steps and Terraces
4.
Address Numbers
B.
Pools,
Decks, and Other Structures
1. Swimming Pools
2. Other Structures
a. Arbor
b. Sun shelters/Cabanas
c. Gazebo
d. Patio Cover
e. Tool Sheds/Storage Sheds
f. Playhouse/Play Structures
1.
Builder-Homeowner Installed Fences
a. Custom
b. Estate
2. Automobile Gates
3. Pedestrian Gates
4. Swale Drainage at Front Fence
1.
Special Landscape Features
2.
Staking
E.
Irrigation
1. Floodlighting
2. Exterior Lighting Fixtures
3. Walkway Lighting
G.
Screening
1. Wood Fences
2. Mechanical Equipment
3. Rear Yard Equipment
4. Driveway and Parking Areas
5. Bathroom Screening
1.
2. Tree Preservation
3. Area Drain Inlets
4. Penetration of Curbs
5. Drain Lines
I.
Mailboxes
J.
Garage
and Porte-Cochere Locations
K.
Driveways
1. Apron
2. Location
3. Materials
4. Circular Drives/Motor Courts
5. Multiple Lots
L.
Foundations
M.
Exterior
1. Brick
2. Wood
a. Siding
b. Trim
c. Composition Wood Products
3. Stucco
4. Stone
5. Synthetic Materials
6. Changes in Materials
7. Number of Exterior Materials
8. Shutters
9. Solar Screens
10. Burglars Bars
N.
Entrances
1. Materials
2. Form
3. Chimneys
4. Exposed Roof Metal
5. Skylights and Solar Collectors
6. Roof Soffits
1. General
a. Approval
b. Hours
c. Annoyance
d. Pole
e. Maintenance
f. Location
g. House Mount
h. Property Lines
2. Homes with Detached Garages
3. Homes with Swing Driveways
4. Homes with Attached Garages
5. Goals in Rear Yard
APPENDICES
APPENDIX
B Fencing
(Figures)
APPENDIX
C Plants (with
Figures)
APPENDIX
D Sidewalks and
Drives (Figures)
APPENDIX
E Drainage and
Irrigation (Figures)
APPENDIX
F Basketball
Goals (Figures)
APPENDIX
G Required
Setbacks
Architectural
Guidelines
Bay Oaks
Community Association
The Architectural Guidelines for the Bay Oaks Community
Association have been revised for the first time. There were many complaints
about the original guidelines; they were confusing…extremely specific in some
cases and too vague in others. Many hours have been spend debating over major
and minor issues, and we hope that Bay Oaks homeowners find the final product
to be functional and still restrictive enough to protect our property values
and neighborhood appearance. Please take the time to read these guidelines.
Before you make any modifications, additions, or other alterations on your
property, remember to submit your Home Improvement Application and
get ARC approval before making that alteration. By taking these steps,
you will help preserve your property values, and you will also help make
everything simpler for everything simpler for everyone involved.
As a young and developing neighborhood, it is
important that our guidelines and use restrictions (formally referred to as the
Declarations of Covenants, Conditions and Restrictions) be understood by all Bay
Oaks residents. As a convenience to assist in your reading of these guidelines,
excerpts from the use restrictions have been included as Appendix A. These are only excerpts: for exact wording
you should refer to the Declaration of Covenants, Conditions and Restrictions. A
copy of the use restrictions should have been given to you by your builder or
by the previous owner. However, if you do not have a copy of the restrictions,
you can purchase a copy from Community Management Solutions. These guidelines are
provided to help clarify and interpret the meaning and intent of the use
restrictions. Since the guidelines are an interpretation, it is anticipated
that they may continue to evolve over time for any number or reasons. Issues
may require future guideline interpretations on new materials of construction,
home improvements that aren’t covered by these guidelines, or possibly current
interpretations will need to be altered. The primary difference between the
guidelines and the use restrictions is that guidelines are interpretations
which are subject to change and/or evolution, as approved by the Architectural
Control Committee (ACC, which is the Board of Directors); the use restrictions
are much more rigid and can be changed only by a formal Amendment, which
requires approval by a two-thirds (2/3) majority of the votes in the
Association.
The Architectural Review Committee (ARC) is
appointed by the ACC, and they will have the difficult task of reviewing home
improvement applications and making determinations on whether the proposed
improvement meets the intent of the use restrictions and guidelines. In some
cases, the ARC will be forced to review requests that have not been addressed
by the guidelines. In these cases, they will be force to consider what precedent
might be established and what impact the proposal will have on property values
and the future appearance of Bay Oaks. The ARC may also discover portions of
the guidelines that are no longer available or feasible. In all situations that
require changes or additions to the guidelines, the ARC will be responsible for
developing that change or addition and seeking approval from the ARC.
These Architectural Guidelines have been developed
to assist the ARC in making their reviews. Our intent is for the ARC to have a
strong presence in Bay Oaks so that residents will be able to take as much
pride in their neighborhood as they do in their own home. It is possible that
mistakes can be made during the architectural review process. In some
situations, conflicts with guidelines (and possibly use restrictions) may
exist; these may have happened during original construction, or they may have
been approved by the ARC. The fact that these mistakes were made does not mean
that we will compound our problems by continuing to approve applications which
conflict with our guidelines. If we find that the guidelines need to be
changed, then changes will be made. Otherwise, applications will be reviewed by
judged based on conformance with the use restrictions and guidelines.
The Bay Oaks Community
Association Board of Directors and the Architectural Control Committee (ACC)
have established these Architectural Guidelines (“guidelines”) in accordance
with the authority granted to them by provisions of the Declarations of
Covenants, Conditions and Restrictions (Declaration) and grants made by the
Declarant. The Guidelines are established to assure uniform and fair
interpretation of the Declarations. The Guidelines are intended to provide all
lot owners in Bay Oaks Community Association with information about the type,
color and quality and grade of material which may be sued in construction of
various kinds of improvements, the size and location of such improvements, and
the procedure followed by the Association for reviewing applications for
proposed improvements.
These procedures and
guidelines may be amended by the Board of Directors from time to time as it
deems necessary and appropriate. The Restrictions of Use in the Declarations
may be revised only by a vote representing not less than 2/3 of the votes in
the Bay Oaks Community Association.
In accordance with Article
IX of the By-Laws of the Bay Oaks Community Association and Article VI of the
Declarations, the Board of Directors serves as the Architectural Control
Committee (ACC). The ACC has appointed an Architectural Review Committee (ARC)
to assist in reviewing and evaluation applications for improvements to homes,
structures, and properties (lots within the Bay Oaks Subdivision in accordance
with the Declarations and these Guidelines. The ARC may make recommendations to
the ACC regarding changes to the Guidelines and recommend approval of
variances.
Friendswood Development
Company retains the exclusive right to review and approve or disapprove all
plans and specifications for original construction within Bay Oaks Subdivision.
To achieve the purposes for which the ARC has been
established, the following operating rules apply:
A.
Composition: The ARC will be composed of a maximum of five (5) members, each of
whom is a current resident of Bay Oaks.
The ACC Member: This member, chosen by the Board, will be a current member of the Bay Oaks ACC. This person will act as a liaison between the ACC and the ARC for routine matters. This member will be an alternate voting member of the ARC.
The Chair: This member will act as the head of the ARC.
This person will be appointed annually by the ACC and will be voting member of
the ARC.
ARC Members: Four additional members will be
appointed by the ACC.
B.
Terms of Office: Each member of the ARC will
serve for a term of two (2) years and may serve a maximum of three (3)
consecutive terms. Any individual who served on the ARC (in any capacity) for
the maximum allowable may serve again after a minimum period of twelve (12)
months has elapsed since their last day of service. When a member is no longer
able or willing to serve, or in the event of a
completed term, a replacement member
will be selected by the ACC to serve the
unexpired term. Terms will commence
in January and members terms will be
staggered.
C.
Meetings: The ARC will meet at least
month to review applications for improvements.
At a minimum, three (3) members must be present to convene a meeting at
which voting will occur. The ARC will announce its regular meeting schedule at
its January meeting.
D. Attendance: Any voting
member of the ARC who is absent from 3 consecutive meetings without valid cause
will be considered to have resigned and will be replaced in accordance with the established procedures. A letter
advising the individual of this action will be sent by the Management Company
at the direction of the ACC or the ARC Chair. Under certain circumstances, this
attendance requirement may be waived by the ACC at the request of the ACC
Chair.
E. Voting: The
Chairperson and the four (4) ARC Members each have one (1) vote.
If the application of action concerns a property owned or occupied by one of the members of the ARC, that person’s voting rights will be temporarily suspended to avoid any conflict of interest. If there are not sufficient voting members in attendance of if there is a split vote, the ACC Member will have a vote. In all other situations, the ACC Member will not have voting rights.
F. Records: Copies of all applications, decisions,
recommendations, appeals and meeting agenda will be kept by the Management
Company. It is the responsibility of the Chair to forward all such material to
the Management Company.
G.
Removal: Any ARC Member may be removed
from the ARC, with or without cause, by a majority vote of the ACC. In the
event or removal, a successor shall be selected by the ACC and shall serve for
the unexpired term.
H. Compensation No member shall receive compensation for any service rendered to the ARC.
IV.
ARCHITECTURAL REVIEW
PROCEDURES
Plans and specification for
improvements are to be approved in advance. No special consideration will be
given in those instances when post-construction approval is requested.
A.
General: A item can come before the
Committee as follows:
1.
A property Owner (or his/her
representative) shall submit any application for improvement to the Management
Company.
2.
An unapproved improvement
may come to the attention of the Board, ACC,
ARC or the
Management Company. The Management Company will send a letter to the Owner requesting an
application be submitted. If no application is received within 30 days, the
Management Company will report this to the ACC which will take appropriate
action.
3.
If the unapproved
improvement appears to be a violation of the Declarations, the initial
notification/request to the Owner will be a registered letter.
B.
Applications: All applications for approval
to make any exterior changes, additions, or improvements must be submitted to
the Management Company in writing by completing the application form currently
in use by the ARC, a copy of which is included in Appendix A, or such form as
may be adopted by the ARC. The Management Company shall coordinate application
processing on behalf of the ARC.
Plans and specifications for
any exterior change, addition, or improvement should be attached to the
application. For room additions and other major alterations, application must
be accompanied by a detailed scale drawing or blueprint showing the
three-dimensional relationship of the addition/alteration to the existing
structure. Application must also include a plot plan showing the location of
the improvement in relation to all lot boundary lines, the residence, the
easements and the building setback lines. Applications must also include a
detailed material list and include the name, address, and business phone number
of the contractor or installer, if applicable. Applications may be rejected for failure to provide
any of these required items. The ARC reserves the right to require certified
architectural and/or engineering drawings. All applications, additional
information, or requests for appeal shall be mailed or delivered to the office
of the Management Company, not to members of the ACC, ARC or Board of
Directors.
The ARC reserves the right
to request any additional information it deems necessary to properly evaluate
any application. In the event that the ARC requests additional information, the
application shall be considered incomplete until such information is submitted
to the ARC and the sixty (60) day requirement for approval of the application,
as described in the Declaration, shall not begin until such information and the
information is not received within forty-five (45) days from the date of the
request, the application
shall be denied. However, the applicant may thereafter submit a
new application with the requested information to the ARC for its review.
C.
ARC Decisions: ARC committee members shall
consider each application for Compliance with the Declaration and these
Guidelines. The decision of a majority of members to approve or disapprove an
application shall be considered the decision of the ARC.
ARC decisions shall be
conveyed in writing by the Management Company to the applicant and shall
include a statement of the conditions under which application is approved, if any,
or the primary reason(s) for disapproving the application.
In accordance with the
Declarations, any application that is not approved or disapproved within sixty
(60) days of the date of its receipt shall be deemed to have been automatically
approved provided, however, that (i) any such
approval shall extend only to the architectural guidelines and not to any of
the use restrictions set forth in the Declaration and (ii) in the event shall
non-action be deemed to constitute approval of an application for any change,
additions, or improvement, or any other item that would violate the
Declaration. Unless otherwise state in the ARC’s written response, all approved
exterior changes, additions improvements shall be completed within forty-five
(45) days of the date construction, installation, or erection is commenced.
D.
Architectural Control Committee Appeal: In the event the ARC disapproves an Application,
the applicant may submit a written appeal to the Management Company for
review. See the Decision Tree for Bay
Oaks Architectural Review Process on page 5. All decisions of the ACC shall be
final.
E. Status of Application During Appeal: During the appeal period, the decision of the ARC on the original application shall remain in effect. Further, an appeal of a decision of the ARC shall not be considered a new application resulting in approval of the original application if a response to request for reconsideration is not submitted by the ARC or the Board of Directors within forty-five (45) days of the date of its receipt.
TopNo building, fence, wall, or other structure may be erected
nor any alteration to existing structures on any
The Committee needs a clear picture of your project and will most likely deny approval if your request does not include dimensions, materials, colors, location, a sketch (photo/manufacturer’s brochure) along with a plot plan of your lot indicating existing structures, property line and elevations. For required building lines see Appendix G.
1. Sidewalks
Sidewalks shall meet City of
2. Front Walks
The front walk should complement the architectural style of the house. Fountains and statuary within the walk or in the front yard are strongly discouraged and must be approved by the committee. Front walks are required from the front door of the house to the street curb. Sidewalk alignments should complement the architectural composition of the house. With the approval of the Committee, double entry walkways will be permitted. See Appendix D, page D-1.
These sidewalks should be a minimum of 3’ in width and be of material such as concrete, concrete pavers, pebble finish, or other material compatible with compatible exterior material of the house.
3. Steps and Terraces
Proposed steps and terraces in the front yard must be in the back third of the yard nearest
the home, In no situation will steps and terraces be allowed at or near the street sidewalk.
The material should be, or complement, the predominant building material, preferably
Brick. A maximum rise of 18” is allowable for both the steps and walls. Where possible,
steps and walls should be contiguous within the overall design of the front yard.
4. Address Number
One permanent address location is required on all properties in Bay Oaks and maintained
visible from the street at all times.
Care should be taken by the builder to insure that adequate porch lighting is provided for
night viewing of the door mounted address.
In general, the numbers should not be larger than six (6) inches in height and should be
horizontally composed for ease of reading. In general a serif letter style is more legible
and is the predominant style in Bay Oaks. Guady letters and compositions are prohibited
B. Pools, decks and other structures
1. Swimming Pools
Swimming pools and spas must be constructed within the architectural building lines of each lot. Accessories such as diving boards, slides, etc. shall not exceed an eight (8) foot height limitation. On golf course lots, pools may be built within the last 35” of the lot provided they are not within the utility easement and adequate room for landscaping should be provided.
2. Other Structures
Gazebos, play structures, storage structures, shade or other structures must be submitted to the Committee for specific approval. Gazebos, arbors and shade structures must be architecturally compatible with the main house and must be consistent with the Bay Oaks restrictions. The ARC will consider the presence of more than one structure prior to approval. On golf course lots, they must not screen views from adjacent lots and they may not be located in the last 25 fee of the lot toward the rear property line. These structures may require screening from the public view.
a.
Arbor
A structure partially adjoined to the main residential dwelling or garage. An arbor generally is three-sided and both the roof and sides are constructed of trellis or slatted wood materials. Aluminum, fiberglass, cloth and corrugated tin are not approved construction materials for arbors. Natural wood may be used or stain which is compatible to the existing structure. Paint should either match or be compatible with the house or trim paint. An arbor structure is limited to 100 square feet in size, and must comply with the 8 foot maximum height limitation from natural ground level. All arbors are subject to approval by the ARC.
b. Sun Shelters/Cabanas
Same as an arbor, but usually located in conjunction with the pool. Same size and height limitations as an arbor. If it is a free-standing outbuilding, it must be less than 100 square feet in size.
c.
Gazebo
Free-standing structure generally having construction materials such as trellis or lattice work on all sides and a solid constructed roof. Typical construction includes a peaked roof. The quality and color of the roofing material, if any in present, shall match that of the main residence. May not exceed 100 sq. ft in size and 8 feet in height. Aluminum, fiberglass, cloth and corrugated tin are not approved construction materials for gazebos. Natural wood may be used or stain which is compatible with the house or trim paint.
d.
Patio Cover
A structure affixed firmly to the main residential dwelling (including attached to a built-on patio) and located over a concrete or wood patio deck. Patio covers may have roofs made either of trellis, lattice, slatted wood materials or solid wood shingles. Slides generally are left open. Patio covers must be architecturally compatible with the main residential dwelling. The height of patio covers will typically be restricted to the height of facia boards on the house. The quality and color of the roofing material shall match that of the main residence. Aluminum, fiberglass, cloth and corrugated tin are not approved construction materials for patio covers. Natural wood may be used or stain which is compatible to the existing structure. Paint should either match or be compatible with the house or trim paint.
e.
Tool Sheds/Storage Sheds
Free-standing structure or a structure partially adjoined to another appendage (such as a garage). A tool or storage shed generally is enclosed on all four sides with a roof of solid wood covered with shingles. The standard, type, quality and color of materials used in construction of a tool or storage shed shall be harmonious with those of the main residence. Tool or storage sheds may not exceed 100 square feet in size and 8 feet in height from ground level. Aluminum, fiberglass, cloth and corrugated tin are not approved construction materials for tool sheds and storage sheds. Tool sheds on golf course lots may not be located in the last 25 feet of the lot toward the rear property line.
f. Playhouse/Play Structures
A structure used by children during play activities. In general terms, constructed similar to tool/storage sheds and subject to the same size and height limitations. Canvas covers, aluminum or fiberglass roofs, etc. are not allowed on play structures.
1. Builder-Homeowner
Installed Fences
Builders are required to install fences on all property lines in accordance with the following criteria. Of particular concern are those fences along sides facing streets which shall be located no closer to the street than the Building Line. Where the guidelines call for a masonry fence, the dominant masonry material of the house shall be used. In no situation shall a masonry fence cross a utility easement. Where this occurs, a section of Type “H” fence should be constructed to span the utility easement. See Appendix B pages B-4 and b B-5. Cyclone fencing, solid face planking and other unusual forms of fencing are unacceptable for any application.
The rear of the golf course lots require a uniform 4’ high metal picket fence, Type “F”. The intent is to provide a uniform, open and consistent appearance along the golf fairways. Strict adherence to this criteria is essential.
Lots which side onto the golf course are less exposed to public view and, therefore, more private. Consequently, they could have a more open relationship to the golf course and, therefore, a significant increment of the Type “G” or “F” on the side lot condition is encouraged for these lots. (See Appendix B, page B-7)
Additionally, sideyard fences shall not project beyond the side of the building setback along street edges. Where such fence is contiguous with the golf course, the side yard fence shall be placed on the property line.
NOTE 1: For
the side of Type “B” and/or “H” Wooden Fences that face public roads, the Fence
shall be stained with two (2) coats of Sandstone All Weather Semi-Transparent
Stain (
NOTE
2: Interior fences which are not
visible from the street may be left natural or stained Sandstone or Forest
Green.
NOTE 3: For Type “F” and/or “G” Metal Fences, the metal should be painted with one coat of a suitable primer and finished off with two (2) coats of a flat black enamel paint. Reference Appendix B.
a.
Custom
Side lot line on a corner lot with minor street siding: Use fence type “H.” The street side fencing must be placed within the side building line setback and in a manner which allows the fence to extend from the back corner of the house to the side building line and along the side building line to the rear property line. (See Appendix B, page B-4, for fence “H”. See Appendix B, page B-7, for sample fence site plan).
Interior side lot lines and rear lot line: Choose either fence type “E” or “H.” Interior side lot line fences must start at a point three (3) feet back from the front wall of the main residential dwelling. Side fences shall be built on the property line on interior lot lines. (See Appendix B, page B-2, for fence “E” and Appendix B, page B-7, for sample site plan).
Front-on conditions: Choose either fence type “H” or “D.” If type “D” fence is utilized, special care should be taken to be sure that adequate drainage is installed appropriately. The front-on fence must be placed a minimum of three (3) feet behind the front wall of the dwelling. (See Appendix B, page B-4, for fence “H” and Appendix B, page B-2, for fence “D”. See Appendix B, page B-7, for sample fence site plan).
b.
Estate
Side lot line on a corner with the minor street siding: Use fence type “D”. The street side fencing must be placed within the side building line setback in a manner which allows the fence to extend from the back corner of the house to the side building line and along the side building line to the rear property line. (See Appendix B, page B-2, for fence, “D”; Appendix B, page B-7, for sample fence site plan, page B-5 for special fence detail at utility easement).
Side lot line on a corner with golf course siding: Choose either fence Type “D” or “G” or a logical combination. The logical combination may include fence type “D” to screen the dwelling (and 20’ past the dwelling) and fence type “F” or “G” for the remaining portion to the rear lot line. The side lot fence may be placed on the property line and must start three (3) feet back from the front wall of the dwelling. (See Appendix B, page B-2, for fences “E”, “G”, “F”, and “H”. See Appendix B, page B-6, for sample fence site plans).
Interior lot line on lots backing golf course with no side street or golf course siding: Use fence type “F” for the first 35’ from the rear lot line toward the front lot line and choose either fence type “D”, “E”, “G”, or “H” for the remaining fence along the interior lot line. Remember, the interior lot line fence must stop a minimum of three (3) feet behind the front wall of the dwelling. (See Appendix B, pages B-2, B-3, and B-4, for fences “E”, “G”, “F”, and “H”. See Appendix B, page B-6, for sample fence site plan).
Rear lot line with golf course backing: Use fence type “F.” Remember that fence type “F” must turn corner and travel 35’ up the side lot line of all golf course lots. (See Appendix B, page B-3, for fence “F”, and Appendix B, on page B-6, for sample fence site plan).
Front-on conditions: Use fence type “D.” Special care should be taken to ensure lot drainage. (See Appendix B, page B-2 for fence “D” and Appendix B, on page B-7 for sample fence site plan.) Drainage alternatives are illustrated in Appendix E, on pages E-1, E-2 and E-3.
2.
Automobile Gates
Where proposed by the homeowner, gates which penetrate a side or front fence for access to the garage shall be made of tubular steel or wrought iron. A restrained gate design is referred. Use of highly thematic gates is discouraged. Where a gate is powered, screening the motor cover and related equipment form the adjoining public right-of-way with landscape is required.
3.
Pedestrian Gates
Where proposed by a homeowner, pedestrian gates shall be constructed of a durable and compatible material to the fence type in which it is placed. Where metal picket is proposed, the gate shall not provide a view into an area which is or can be a storage area. Such areas shall be screened from the public view.
4.
Swale Drainage at Front Fence
Where swales are used to drain rear yards, it will be necessary to penetrate the fence to accommodate this drainage. Masonry fence type “D” will need to address this issue on one of a number of acceptable alternative ways. The builder may utilize any method of drainage which is acceptable to the Committee. Appendix E, pages E-1, E-2 and E-3, are intended to provide acceptable concepts but are not intended to either be final or the only acceptable solution. The builder is responsible for the effectiveness of the solution which is chosen and the specific site adaptation of the selected alternate. The penetration of the front fence should be crafted so as to avoid an unsightly appearance from the street through utilizing either brick or landscape buffering.
In general, trees and planting must be designed to provide an uncluttered, informal, meandering landscape image. To further enhance the “community” image of Bay Oaks front fences shall be buffered form view from the street with shrubs, shrub standards and/or trees. For s