Printable Version of Covenants

Guidelines For Interpretation And Application Of
Restrictions And Protective Covenants


The following guidelines are being used by the Woodlands Homeowners Association Architectural Control Committee (ACC) for evaluating requests submitted by property owners pursuant to the restrictions and protective covenants that apply to the Woodlands. They were developed by the ACC in concert with the Homeowners Association officers in an effort to standardize the application and enforcement of the restrictions and protective covenants. The guidelines are subject to revision without notice as clarification is required and as the needs of the neighborhood mandate. All structures in the subdivision that have been approved by the ACC comply with these guidelines. Homeowners and prospective homeowners should not rely on existing structures (approved or unapproved) in lieu of formal authorization and can only rely on the submission to and approval of plans by the ACC prior to proceeding. The guidelines are designated to insure that the Woodlands remains a safe, pleasant place to live, as well as to maintain the general design and character of the neighborhood as an exclusive, private golf course community.


NEW RESIDENCES

As of March 1,1986 newly constructed homes must have a minimum construction cost (excluding lot) of $88,110 for lots off the golf course and $96,120 for lots adjoining the golf course. These figures will be updated annually on March 1 based on the Producer Price Index. Construction cost is defined as selling price less the value of the lot.

Based on these construction costs, the ACC recommends that new homes have a minimum of 2000 square feet of heated, finished living area, excluding garage.

All new construction must include a two-car garage with side entry preferred (although front entry will be considered depending on lot location and home design). Driveways should be paved with concrete rather than asphalt and should be completed at the time the home is first occupied.

To be approved, home designs should be aesthetically pleasing solely as determined by the ACC and be compatible with the architecture of existing homes in the subdivision.

All homes are to be completed within nine months after the beginning of construction. The beginning of construction is considered to be the date the lot is cleared. Completion includes landscaping and paving of driveways.

During the time of active construction, trailers, trucks, campers, or temporary structures may be occupied or stored within the subdivision only with the written permission of the ACC.


OUTBUILDINGS, SHEDS, AND PLAYSETS

Sheds and outbuildings are not allowed on lots adjoining golf course property. They may be approved on lots off the golf course provided they are designed to match the home on the lot and are aesthetically pleasing solely as determined by the ACC. Sheds and outbuildings should not be visible from any street in the subdivision.

Metal “A” frame swing sets are acceptable but wooden swing sets are recommended since they blend more evenly with the natural surroundings.

Playhouses and “forts” may be approved provided they are constructed of wood and are aesthetically pleasing solely as determined by the ACC. Swings, playhouses, and “forts” are not be nailed to or supported by trees.

FENCES

Fences are not allowed on lots adjoining golf course property. The only exceptions may be fences around underground pools and accent fences, both of which must be approved and be constructed of wood, brick, wrought iron, and/or other materials authorized by the ACC. Fencing of an entire lot, or of the rear of an entire lot, is discouraged.

Chain link fences are not allowed in the subdivision. Exceptions may be granted for lots that adjoin non-subdivision property, provided the lots are not located on the golf course. Where exceptions are granted, all fencing visible from the street must be constructed of wood, brick, wrought iron, and/or other material approved by the ACC.

The design of all fences must be aesthetically pleasing solely as determined by the ACC.

Walls designed to provide privacy and/or security will be considered on a case by case basis, but only for lots that adjoin non-subdivision property. They will not be approved for lots that border the golf course. To be acceptable, walls must be constructed of wood, brick, wrought iron, and/or other materials approved by the ACC. In addition, they must be aesthetically pleasing solely as determined by the ACC

PETS

No animals other than household pets will be allowed on any lot. The ACC reserves the right to limit and control all pets so that the neighborhood is safe, attractive, and nuisance-free. In general, the maximum number of household pets allowed on any lot is two, although exceptions may be granted upon homeowner request.

All outside structures or buildings for the shelter of household pets are to be constructed of wood and shingles. If they can be seen from a subdivision street, an adjoining lot, or the golf course, they must be surrounded by shrubbery or other approved barriers that obscure them from view. Shrubbery barriers should be sufficiently tall, mature and dense at the time of planting so as to hide the structure. Shrubbery around such structures should be maintained in a healthy condition so that it perpetually obscures the structure.

Fenced dog runs are acceptable provided they are approved, are limited to a maximum of 120 square feet of floor area with no side exceeding twelve feet in length and comply with the visibility restrictions listed in the previous paragraph. Fences around the runs must not be more than four feet high. The preferred construction material is split cedar rail or treated pine backed by galvanized 2 x 4 wire cloth. The floor of all runs should be finished with concrete or other hard surface material. Only one run will be allowed per lot. The runs should be kept clean and odor free.

No pet should be tethered on any lot for more than four hours at a time unless it is tied to an approved outside structure (see preceding paragraphs in Pet Section). Cable and pulley tethering systems are not permitted.

Please remember that Rich land County has a leash law that prohibits free roaming animals.

FUEL TANKS

All tanks for storage of fuel shall be located below ground or, if placed above ground, shall be surrounded by shrubbery or fencing that completely obscures the tank from view at the time that the tank is installed. Fencing must meet the requirements outlined in the Fencing section and be aesthetically pleasing solely as determined by the ACC. Shrubbery around tanks should be maintained in a healthy condition so that it perpetually obscures the tank. Above ground tanks are discouraged and will be approved only where natural gas is not available.

SATELLITE DISHES AND ANTENNAS

Satellite dishes, television antennas, and radio towers of any type or size are not permitted under any circumstances.

POOLS

Above ground pools are not permitted in the subdivision. Underground pools will be considered on a case-by-case basis. Each request for approval should show detailed landscaping and fencing plans.

HOME ADDITIONS, ALTERATIONS, AND PAINTING

All additions and alterations to the exterior of homes, including repainting and color changes, must be approved by the ACC. Each change, addition, or alteration must be aesthetically pleasing solely as determined by the ACC. Home additions must be designed so as to be compatible with the existing architecture of the home, as well as with surrounding homes.

The exterior finish of all homes should be maintained in good condition solely as determined by the ACC.

Conversion of garages to living space is generally not acceptable but may be approved on a case-by-case basis. The primary standard for approval is that the enclosure blends well with the home (that is, not appear that it was once a garage) and be aesthetically pleasing solely as determined by the ACC.

LIGHTING

A single freestanding exterior light is permitted on each lot provided it is not more than 8 feet tall and is aesthetically pleasing solely as determined by the ACC.

MAILBOXES

Mailboxes authorized by the U. S. government are generally acceptable for use in the subdivision. They should be mounted on wooden or metal posts and must be maintained in good condition, including painting. Brick protective columns are acceptable provided they are aesthetically pleasing solely as determined by the ACC.

SIGNS

All Realtor and homeowner for sale signs are to be hung from a single 4” x 4” wooden post. Signs are not to be attached to trees and may not face the golf course. Only one for sale sign is allowed per lot.

All builder, architect, and contractor signs are limited to five square feet. Each must be mounted on it’s own post and should not be attached to trees.

Identifying signs other than what appears on a homeowner’s mailbox will be considered on a case-by-case basis. The primary requirement for approval is that signs be aesthetically pleasing solely as determined by the ACC.

LAWNS AND LANDSCAPING

All new lawns must be seeded and/or sprigged within two months from the time that a new home is occupied. Foundation plantings are required on all new homes and must be completed within nine months of the beginning of construction (the beginning of construction is considered to be the date that the lot was cleared). All landscaping plans must be approved by the ACC.

All lawns and landscaping must be maintained consistent with good horticultural practices. Curb and driveway areas should be routinely edged.

Tree and shrub removal requests will be considered on a case-by-case basis. The covenants required that removal of any tree greater than three inches in diameter be approved by the ACC.

BOATS, TRAILERS, AND MOTOR VEHICLES

The covenants specify that no “...unsightly or objectionable material thing shall be allowed or maintained on any lot in the subdivision.” Utility trailers and boats are considered to fall into this category and should be kept in enclosed garages.

Motor vehicles are not to be parked on lawns. Street parking is discouraged since it is a safety hazard. If at all possible, cars and especially trucks should be parked in garages.

Three wheelers and motorcycles are not allowed on the golf course, easements, or vacant lots. Three wheelers are illegal on neighborhood streets.

THE FOLLOWING ITEMS ARE EXPRESSLY INCLUDED IN THE RESTRICTIONS AND PROTECTIVE
COVENANTS AND ARE NOT SUBJECT TO VARIANCE BY THE ACC. THEY CAN ONLY BE CHANGED
BY UNANIMOUS VOTE OF THE SUBDIVISION HOMEOWNERS. THIS LISTING IS NOT COMPLETE.
THE COVENANTS SHOULD BE CONSULTED FOR ADDITIONAL REQUIREMENTS

No structures or buildings shall be erected or altered on any lots without the approval of the ACC.

Unless parked in an enclosed garage, no trailer, camper, camper truck, house trailer, boat, or truck in excess of 3/4 ton capacity may be kept in the subdivision.

All structures shall be completed on the exterior within nine months from the beginning of construction (beginning of construction being defined as the date on which the lot was cleared.), including two coats of paint or varnish on all exterior wood surfaces.

All landscaping must be completed within 9 months from the beginning of construction (beginning of construction being defined as the date on which the lot was cleared). Landscaping plans are subject to the approval of the ACC.
Clotheslines of any type are not allowed.

Builders, contractors, and lot owners may not dump, bury, or otherwise dispose of any debris of any nature on the property of any other lot owner in the subdivision.

No refuse pile or other unsightly or objectionable material thing shall be allowed or maintained on any lot in the subdivision.

No business, trade, office, or kennel of any kind or nature whatsoever shall be conducted or carried on upon any lot or lots.

APPROVAL PROCEDURE

To obtain the ACC approvals outlined in these standards, the following procedure should be used. This procedure is applicable to new construction, exterior improvements, and alterations to existing property as covered by subdivision restrictions and protective covenants. Homeowners and prospective homeowners should not rely on existing structures (approved or unapproved in lieu of formal authorization and can only rely on the submission to and approval of plans by the ACC prior to proceeding. The information requested should be delivered to the Chairman of the ACC and will in general be acted upon within ten working days after receipt of a complete submittal. Anyone submitting a plan that is disapproved may request a meeting with the ACC to obtain clarification as to why the submittal was not accepted.

FOR NEW CONSTRUCTION

New construction plans should be submitted by the property owner or his authorized agent, such as a general contractor or a real estate broker, but should be signed and dated by the property owner. The submittal shall include:

  1. Two sets of scale drawings for the proposed home including all exterior elevations with finished materials indicated, plus a scaled floor plan. The number of square feet of heated, finished living area, excluding garage, should be indicated on the plans.
  2. Two copies of a scaled site plan showing the lot and block number; lot size; location of home, walks, drives, and patios; and a lot grading plan.
  3. All landscaping plans.
  4. Samples of exterior colors (may be submitted later if colors have not been selected at time of submittal, but samples should be provided and approved prior to the time that the paint is applied).
  5. Samples of all exterior finish materials, including siding, trim, brick and roofing material when requested by the ACC.
  6. A statement signed and dated by the property owners setting forth the construction cost of the home (selling price less the value of the lot).

One copy of all approved plans will be returned to the applicant signed by at least two members of the ACC. The other copy will be retained by the ACC. It is the responsibility of the property owner to retain the approved plans in the event that it becomes necessary to demonstrate compliance with the restrictive covenants in the future. It is recommended that anyone purchasing homes for which ACC approval has already been obtained request a copy of the approved plans from the previous property owner.

FOR EXTERIOR IMPROVEMENTS AND ALTERATION OF EXISTING PROPERTY

All requests for approval of exterior improvements and alterations to existing property shall be signed and dated by the property owners and shall include the following:

  1. Two sets of scale drawings of the proposed improvements or alterations showing street address and lot and block number. These should include three dimensional sketches or photographs where appropriate.
  2. A description of materials to be used and color samples where applicable.
  3. Two copies of a scaled lot plan showing the location of changes and additions.

One copy of all approved plans will be returned to the applicant signed by at least two members of the ACC. The other copy will be retained by the ACC. For the reasons set forth above, homeowners should retain their copy of approved plans. Individuals purchasing existing homes should request copies of approved plans for improvements and alterations made by previous property owners.

PLACE OF PLAN SUBMISSION

All plans and communications regarding the approval requirements outlined in these standards should be directed to the Chairman of the Woodlands Homeowners Association Architectural Control Committee (ACC).

The members of the ACC have been duly elected by a majority of the Woodlands Homeowners Association to serve on the ACC pursuant tot he restrictions and protective covenants that apply to the Woodlands. Please remember that these individuals are volunteering their time to serve our community. Every attempt will be made to act promptly on all requests, but please allow a sufficient period for the ACC to meet and thoroughly examine all submittals. In general, requests will be acted upon within ten working days after receipt of a complete submittal. Construction or improvements and alterations may not begin until after approval has been granted by the ACC.

The membership of the ACC changes from time to time based upon majority vote of the Woodlands Homeowners
Association. Only dues paying association members are eligible to vote. Your membership and active participation in the
Homeowners Association is encourage and will be appreciated.

Should any question arise concerning the composition of the ACC or the proper place to submit plans (which may change), property owners should contact the President of the Homeowners Association.


 

 4/24/09