STANDARD OF THE WESTSIDE AT BUTTERCUP CREEK MODIFICATION COMMITTEE

Subject: Submission of Requests for Modifications

Revised: July 6, 2004

DECLARATION

Whereas Article IV, Section 3 of the Declaration of Covenants, Conditions, and Restrictions for WestSide at Buttercup Creek requires and authorizes the Modifications Committee to develop Standards for interpretation and regulation of the Restrictions, this Standard is hereby recorded.

LIMITATIONS

This Standard is to serve as an interpretation of the contents of the Declaration and as a guideline for the actions of representatives of the Association, including the Modifications Committee, the Management Company, and the Board of Directors. This Standard does not replace or amend the Restrictions, and should dispute arise, the contents of the Declaration shall take precedence over this Standard. In case of dispute, the decision of the Board regarding the validity of this Standard and the suitable interpretation of the Declaration shall be final.

STATEMENT OF STANDARD

All modifications require a submission in writing to the Modifications Committee for approval, and all such submissions must receive written approval from the Modifications Committee prior to construction or installation as described in the Declaration [1]. These submissions must be clearly legible and of sufficient detail for the Modifications Committee to make a determination of the fitness of the proposed modification per the requirements of the Declaration. Electronic submissions are encouraged [2], while faxed submissions should be avoided since the required details are rarely legible.

While the Declaration spells out the basic requirements for submissions [3], no submission shall be accepted without the following information, as applicable:

  • Modification Request Form as required by the Association Management.
  • Detailed written description of the proposed modification, including:
    • Description of proposed modification (what’s being requested/built).
    • Dimensions of proposed modification.
    • Location of proposed modification.
    • Construction Materials (framing, siding, roofing materials, masonry, etc.)
    • Paint or Stain styles and colors, including verification of match to trim color of house and/or allowed stain colors as required.
    • Shingle styles (dimensional vs. 3-tabbed) and colors including verification of match to that of house.
    • Any additional color or style information.
    • List of any accessories or attachments and their proposed location(s), dimensions, color(s), style(s)
    • Description of expected visibility of the modification from streets and/or neighboring lots.
    • Details on any aspects related to construction, including, but not limited to, lot access, tree removal, heavy machinery, construction timeline, or any other special dispensation required.
  • Survey plat map (normally provided at closing) clearly showing:
    • Lot boundaries.
    • House location.
    • Driveway & sidewalk locations.
    • Fence locations.
    • All applicable setbacks (building lines) and easements. In general, modifications are not allowed in setbacks and easements.
    • Outline of proposed modification to sufficient scale and accuracy to determine its relationship to the lot and associated setbacks, easements, fence lines, etc.
    • Distance of modification from fences and other improvements.
    • Location of any major or protected trees (hardwoods) in the area of proposed modification or that may be affected by construction.
    • Proposed access location if needed.
  • Drawing, photo, or sketch of proposed modification, clearly showing:
    • General shape, style, and appearance of modification.
    • Floor plan and elevation drawings.
    • All major dimensions.
    • Colors, textures, and materials.
  • Samples of colors or materials as required.

In addition, the following are helpful in making a determination:

  • Photos of the proposed location for the modification, including trees or other items that may be affected.
  • Photos of the house showing brick, siding, trim, and shingle colors and styles.
  • Photos showing visibility of proposed modification location from streets and neighboring lots.

Submissions not meeting the minimum criteria above such that a suitable determination may be made as to their compliance with the Declaration shall be denied as incomplete until such time as a new submission is made to allow said determination. Any approvals granted due to incomplete or inaccurate submissions are deemed invalid [3]. Upon discovery, any violation of the Restrictions, either due to incomplete submission, or failure to follow submitted plan and/or comply with direction from the Modifications Committee or the Board shall be enforced per the requirements of the Declaration and the fine schedule as set forth by the Board of Directors [4].

All limitations of liability are in place as described in the Declaration [5].

SPECIFIC REFERENCES AND RATIONALE

This section is intended to provide the background behind the preceding Statement, either by direct references to the Declaration and/or by explaining the reasoning behind specific requirements. These references may not represent the entire set of supporting documentation provided by the Declaration and/or previous decisions by the Modifications Committee or the Board of Directors.

[1] Article IV, Sections 3 & 4; Article X, Sections 2 & 24.

[2] The guidelines for electronic submissions are as follows:

Electronic submissions should be made in Microsoft Word Document or Adobe Acrobat PDF formats. Ideally all portions of the submission should be embedded into one common document for review. Embedded links to publicly available information are acceptable, provided such links direct the reviewer to the exact information being requested and the link remains valid indefinitely. Links to entire websites or other non-direct or non-electronic information will be ignored and considered missing information. The MC will not attempt to search the web for missing information, nor type in long HTTP paths to find such information.

Please scan all submissions for viruses and ZIP files prior to submission. Infected files will be deleted, and non-zipped files may be automatically stripped from incoming e-mails. Please limit incoming e-mails to less than 2 MB. Contact the management company for larger files and/or for additional instructions.

[3] Article IV, Section 5.

[4] The Modifications Committee cannot grant approval for modifications in violation of the Declaration or its Restrictions. Thus, any modification in violation of the Declaration, even if it has an approval from the Committee, is still in violation and subject to enforcement. Only a variance, granted by the Board of Directors in written form for a specific instance (Article IV, Section 9), may allow for deviations from this requirement.

[5] Article IV, Section 11.