The purpose of this handbook is to familiarize homeowners with the objectives, scope and application of design standards and guidelines, which will be used to maintain the aesthetic appearance and environmental quality of the community.
The handbook provides specific design standards and guidelines that have been adopted by the Board of Directors of College Park of Clermont Homeowners Association, Inc. It also explains the application and review process that must be adhered to by homeowners seeking approval for any exterior modifications or changes to their homes or lots that are subject to approval by the Association.
Homeowners are reminded that approval by the Architectural Review Committee (ARC) for a proposed change does not remove the need for the appropriate building permits or other documentation. This handbook will serve as a valuable reference source and will assist homeowners in preparing acceptable applications for review by the Association’s ARC. All homeowners are encouraged to familiarize themselves with its contents and to retain the handbook for future use.The legal documents for the College Park of Clermont Homeowners Association, Inc. include the Declaration of Easements, Covenants, Conditions and Restrictions. They impose use restrictions and specify the process for obtaining approval for changes, improvements or alterations to an owner’s lot. Legally, these covenants are a part of the deed for each home and are binding upon all initial homeowners and their successors in ownership, irrespective of whether or not these owners are familiar with such covenants.
The primary purpose of this document is to establish design guidelines for the entire community. The promulgation and enforcement of design guidelines is intended to achieve the following objectives:
• Maintain consistency with the overall design guidelines for the Community.
• Promote harmonious Architechural and environmental design qualities and features.
• Promote and enhance the visual and aesthetic appearance of the Community.
• Maintain a clean, neat, orderly appearance.
The enforcement of design standards not only enhances the physical appearance of a community but also protects and preserves property values. Homeowners who reside in association communities that enforce design covenants are protected from actions of neighbors that can detract from the physical appearance of the community and, in some cases, diminish property values. In fact, surveys of homeowners living in association communities consistently reveal that this was an important consideration in their decision to purchase a home.
ROLE OF THE ARCHITECTURAL REVIEW COMMITTEE
All homeowners are automatically Members of the Homeowners Association. The Association is a not-for-profit corporation that owns and is responsible for the upkeep and maintenance of all common properties within the community.
The Association is also responsible for the administration and enforcement of all covenants and restrictions. The Declaration for Clermont provides the scope and authority of the ARC. The members of the ARC are appointed by the Board of Directors (BOD) of the Association.
The ARC is responsible for enforcing the Association’s design guidelines for new home construction, exterior modifications to homes and improvements to lots as proposed by lot owners.
The ARC will review and approve, or disapprove, applications submitted by lot owners for new home construction and exterior additions, alterations or modifications to a home or lot using Design Guidelines approved by the Association’s Board of Directors.
As part of its responsibilities, the ARC will make recommendations to the Board of Directors with respect to the modification of the Design Guidelines initially approved by the BOD. The BOD will also be responsible for reviewing possible violations of the Association’s Design Guidelines.
ALTERATIONS REQUIRING REVIEW AND APPROVAL BY THE ARCHITECTURAL REVIEW COMMITTEE (ARC)
Any changes, permanent or temporary, to the exterior appearance of a building or lot are subject to review and approval by the ARC. The review process is not limited to major additions or alterations, such as adding a room, deck, or patio. It includes such minor items as changes in color and materials. Approval is also required when an existing item is to be removed.
There are a number of exceptions to this otherwise inclusive review requirement:
- Building exteriors may be repainted or re-stained provided that there is no color change from the Similarly, exterior-building components may be repaired or replaced so long as there is no change in the type of material and color.
- Minor landscape improvements do not require ARC This includes foundation plantings, single specimen plants or small scale improvements which do not materially alter the appearance of the lot, involve a change in topography or grade and which are not of sufficient scale to constitute a natural structure.
If there is any doubt as to whether or not a proposed exterior change is exempt from design review, and approval, homeowners should first seek clarification from the ARC before proceeding with the improvement.
APPLICATION AND REVIEW PROCEDURES
Application and review procedures that will be used by the ARC are detailed below:
- All applications for proposed improvements must be submitted in writing using the application form authorized by the ARC. A copy of this form is included as an attachment to this handbook. Applications must be complete in order to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies that must be remedied in order to be considered for review.
- Supporting The application must include a complete and accurate description of the proposed improvement(s). To permit evaluation by the ARC, supporting exhibits will frequently be required. Examples include: a site plan showing the location and dimensions of the proposed improvement; architectural drawings or plans, as applicable, landscape plan; material and/or color samples, etc. The design guidelines and application forms provide guidance with respect to the supporting documentation required for various types of improvements.
- Time Frame for Completion of the The ARC is required to approve or disapprove any proposed improvement within fifteen (15) days after the receipt of a properly completed application. However, the fifteen (15) day review period will only commence upon the receipt of a complete application form, including any required exhibits. It is therefore advisable for homeowners contemplating substantial improvements to first ensure that they are aware of all required supporting documentation prior to submitting a design review application.
- Notice of Approval/Disapproval. Homeowners who have submitted design review applications will be given written notice of the decision of the
GRANDFATHERING OF PRE-EXISTING VIOLATIONSENDED ON JULY 01, 2005 WHEN THE HOMEOWNERS ASSOCIATION ASSUMED CONTROL OF THE COMMUNITY FROM THE DEVELOPER. THESE CLARIFICATIONS, AS APPROVED, ARE BEING MADE TO ADDRESS SUBSEQUENT VIOLATIONS AND TO CLARIFY ANY MISUNDERSTANDINGS OR AMBIGUITY IN ENFORCEMENT OF SAME, GOING FORWARD.
SPECIFIC VIOLATIONS CURRENTLY IN DISPUTE RELATIVE TO GARAGE DOOR COLOR, SIDEWALKS AND DRIVEWAYS HAVE BEEN THOROUGHLY INVESTIGATED AND SATISFACTORILY RESOLVED WITH EACH AFFECTED INDIVIDUAL HOMEOWNER OR IS CURRENTLY BEING PURSUED BY THE ASSOCIATION’S ATTORNEY.
THE EXISTING PROPERTIES IN THE COMMUNITY DEEMED TO HAVE BEEN IN VIOLATION OF THE CITED PROHIBITIONS AND RESTRICTIONS, PRIOR TO NOVEMBER 17, 2009, WILL NOT BE CITED OR RELIED UPON IN SUPPORT OF, OR IN DEFENSE OF, ANY FUTURE APPLICATIONS SUBMITTED TO THE ARC OR BOD FOR APPROVAL.
The Declaration for the Association provides the authority for the Board of Directors to establish these standards and guidelines.
The following enforcement procedures will be used to ensure compliance:
- A violation may be observed and reported to the BOD through the managing agent by a member of the ARC or a In the case of homeowners wishing to report a potential violation, a written notification should be transmitted to the managing agent.
- The alleged violation will be confirmed by a site visit by a member of the BOD, a member of the ARC or the managing agent.
- The Board, through the managing agent, will contact the resident in violation by letter advising them of the violation and requesting appropriate action to remedy the
- If the violation continues for thirty (30) days after the first notification (or if no substantial progress is made in curing the violation, where such remedy would require more than thirty days), a second letter will be sent to the resident in This letter will provide notice that the violation must be remedied within fifteen (15) days from the date of mailing of the letter or alternatively, the resident in violation must submit to the BOD a written plan, including timing, for the abatement of the violation within a reasonable period of time, where such violation cannot be cured within the fifteen (15) day period.
- If the violation is not abated within fifteen (15) days from the date of mailing of the second letter described in number 4 above (or if progress is not being made to abate such violation in accordance with a plan agreed to by the resident in violation and the BOD), the Board, through the managing agent, will send the resident in violation a certified letter informing the resident that they have seven (7) days to comply, or the BOD will refer the matter to legal counsel for appropriate action to secure compliance with the Association’s governing
- The above procedures do not preclude the BOD from taking accelerated measures in the case of a violation which constitutes an emergency situation; provided that the resident in violation has been properly notified by mailing and that the action is consistent with the provisions of the Association’s governing Likewise, the Board may establish shorter notification periods for the correction of violations of the Standards and Guidelines where the homeowner shall not be disadvantaged by a shorter notification period for compliance.
The specific Design Guidelines detailed below have been adopted by the Board of Directors. Please note: These guidelines will not cover every situation. If you wish to make a permanent or significant visual modification to your property that is NOT explicitly covered in these Design Guidelines, you still must submit an application to the ARC. Please follow the application procedures and note on your application that your request is a special circumstance.
- Single Family Homes. No lot shall be used except for single family residential Real estate agents and homeowners and their agents may show dwellings for sale or lease. No trade, business, or other type of commercial activity shall be carried out upon any lot.
- Nuisances. Nothing shall be done on any Lot which may become a nuisance or an unreasonable annoyance to the Examples of such nuisances are: increased pedestrian or vehicular traffic to any Lot, increased daytime street parking; increased use of common areas, commercial vehicles parked overnight, dogs barking constantly.
- Garages. All garages shall be enclosed and shall be adequate to house not less than two (2) cars, or three (3) standard American All garage doors must retain their original color (white), be maintained and in useable condition. No repairs, alterations, or modifications shall be made to any vehicle except in a totally enclosed structure.
- Temporary Structures. No structures of a temporary nature including a trailer, basement, tent, shack, garage, barn or any other such building shall be placed upon the Property or additions to the Tents used for party occasions need Board approval. The tent must be removed within three (3) days of the event.
- Animals. No animals, fowl or reptiles shall be kept on or in Lots, or on the Property or additions to the Property, except for caged birds kept as pets and domestic dogs and cats, but not to exceed a total of three (3) in All dogs and cats shall not be allowed off the premises of Owner’s Lot except on a leash. If a dog or cat is chained in the yard, the Owner must be present at all times. In no event shall such pets be kept, bred, or maintained for any commercial purposes. Every Property Owner shall have the responsibility for cleaning up after their pets.
- Signs. No sign of any kind shall be displayed to the public view on any Lot, or from a window, except one identification sign of not more than one square foot in size, or one temporary real estate sign of not more than four (4) square feet in All signs shall conform to the regulations pertaining to City and County Ordinance where the Lot is located. Chapter 720.304 provides that any parcel owner may display a sign of reasonable size provided by a contractor for security services within ten (10) feet of any entrance to the home. Temporary lawn signs indicating the lawn was recently treated with pesticide are also permitted to be displayed for one day after treatment. There will be no posting of any type of sign on the gates.
- Building Materials. Only finished materials such as brick, stucco, painted siding, block, wood, glass and stone shall be used for the exterior surfaces of the buildings and structure on the side or sides exposed to the All homes, buildings and structures shall remain the same color as was originally approved in the plans and specifications submitted to the ARC. The above notwithstanding, garage doors are to remain the same color (white) as originally installed by the Developer. In the event that an Owner wishes to make any changes in the color of exterior areas, garage doors not included, such changes must be approved by the ARC and conform to the colors established by them. A color chart is maintained by the ARC.
- Antennas and Satellite Dishes. All satellite dishes must be located in the rear of the home or in a location approved by the All satellite dishes must conform to current Federal Communication Commission guidelines. A dish antenna is usually one meter or less in diameter. The installation of the satellite dish should be mounted on the back of the house or otherwise placed to hide it from street view and should not extend above the crown of the roof. If reception cannot be obtained from these locations, the satellite dish should be located as unobtrusively as possible on the property. All other radio or television antenna must be mounted in the attic of the residence and obscured from view. All Installations of satellite dishes must be approved by the ARC.
- Roofs. Roof pitches shall have a minimum pitch of 6:12 or steeper and all roof shingles shall be of architectural design, dimensionally and specifically no less than 3 tab shingles shall be allowed. Flat roofs on screened porches, Florida Rooms or utility rooms shall not be permitted unless approved in writing by the BOD or ARC. Totally enclosed screen rooms with totally screened roofs are exempt.
- Offensive Activity. No noxious or offensive activity shall be carried on, or upon, the Property, or additions to the Property, nor shall anything be done thereon tending to cause embarrassment, discomfort, annoyance, or nuisance to the There shall not be maintained any plants, animals, or devices, or thing of any sort, whose normal activities or existence is in any way noxious, dangerous unsightly, unpleasant, illegal, or of a nature which may diminish or destroy the enjoyment of their property in the neighborhood by the Owners thereof. Fireworks are prohibited from use anywhere within the community; they are illegal, dangerous and an annoyance. Further, all domestic animals shall be either kept on a leash, or kept within an enclosed area.
- Outbuildings/Sheds. No freestanding outbuildings are permitted to be placed on a Lot without the prior written consent of the All sheds must have hurricane tie downs, which must meet or exceed current code requirements. The building materials should be:
- Base – cement or patio
- Exteriors – walls and roof should be wood and should match color of the house and shingles on roof must match shingles on roof of
- Sheds should be placed out of sight and within an enclosed white vinyl fence in the rear of the
- Sheds should not interfere with easement areas or sprinkler
- Shed dimensions: 8’ W x 10’ L x 8’ H
- It is the responsibility of the Lot owner to maintain it in good
- Trailers. No mobile home, Recreational vehicle, landscape trailers, semi-trailer, tractor trailer, trucks (other than light pick-up and utility van trucks, not exceeding one (1) ton capacity), tent, barn or other similar outbuilding or structure shall be placed or parked on any Lot or street at any time, either temporarily or permanently, except in a closed garage. Tents used for party occasions need Board approval. The tent must be removed within three (3) days of the event.
- Boats, Boat Trailers and Recreational Vehicles. Boats, Boat Trailers and Recreational Vehicles must be parked or placed on a cement pad installed especially for that vehicle located at the rear of the residence, and screened from view with fencing approved by the ARC.
- Trash Containers. All containers should be kept within the garage or approved shed in the rear of the Containers and recycle receptacles are to be placed out no earlier than 6:00 PM the day before pickup. Trash containers and recycle bins should be placed away from the mailbox so that a mail person is not blocked from getting to the mailbox in a vehicle. Trash containers and recycle bins must be returned to proper storage areas by no later than 10:00 PM of the day of pick up.
- Oil and Gas Tanks, Swimming Pool Equipment. All oil tanks, bottled gas tanks, swimming pool equipment and housing, must be installed in the main dwelling, the accessory building, within a screened area, buried underground or placed in walled areas so that they shall not be visible from any street or adjacent properties, and adequate landscaping shall be installed and maintained by the Lot owner.
- Air Conditioners. All air conditioning units shall be shielded and hidden so that they shall not be visible from any street, or adjacent Window air- conditioning units shall not be permitted under any circumstances.
- Swimming Pools/Spas. No above-ground swimming pools are All in-ground swimming pools and/or spas shall have security fencing or screen enclosures installed in accordance with existing jurisdictional codes. Pool construction shall be in accordance with applicable governing agency codes after approval from the BOD or ARC is obtained. Screen enclosures must have ARC approval.
- Concrete Slabs, Patio Blocks, Decks, Screen Enclosures, Gutters,Exterior Lighting. All of the previously mentioned items must be approved in writing by the BOD or ARC before installation occurs.
- Utility Connections. All electric, telephone, gas, or other utility connections must be installed underground.
- Mailboxes. The location and style of mailboxes has been established by the All mailboxes must be maintained in good condition, as determined by the ARC. Only U. S. Postal workers are permitted to insert mail or other items into mailboxes. If Lot owners wish to send notices to other Lot owners, it must be through the U. S. postal system and they must be able to provide proof they have done so if challenged.
- Lawns. All areas not covered by buildings, structures, walkways, or paved parking facilities shall be maintained as lawn or landscaped areas and shall bemaintained to the pavement edge of any abutting streets, or to the waterline of any abutting lake or canal. Lawns must be sodded and each Lot shall have an irrigation system installed and in working condition. No stone, gravel, or paving of any type, shall be used as a lawn, unless approved as part of the landscaping plan. Lawns shall be maintained no higher than six (6) inches. Lawns shall be maintained in a green and healthy appearance. Maintaining your lawn consists of cutting, edging, blowing and trimming. All cuttings must be swept clear and blown and placed in your trash. No trimmings are to be blown into storm drains or left in the curb to blow into the storm drains. Maintenance of your lawn also includes proper fertilization, watering and weed control. Watering is permitted by Water Management as follows: During Daylight Savings time – Odd numbered houses water on Wednesdays and Saturdays; even numbered houses water on Thursdays and Sundays. During Eastern Standard Time – Odd numbered houses water on Saturdays and Even numbered houses water on Sunday. Hours to water for the Association are after 4 PM to 10 AM. Any other time or day can result in a warning or fine from the City of Clermont or other water management systems.
- Landscaping. Landscaping, as required, is shown on the approved final landscape plan and was completed as evidenced by the issuance of a Certificate of Occupancy by the appropriate governing All major landscape installations or changes must be approved in advance by the ARC. No flower pots shall be located in landscape beds or in grass areas. No artificial vegetation is permitted.
- Driveways and Parking Strips. No gravel or blacktop, pavers, painted or tinted coloration to driveways proper are Driveways must be constructed with materials as approved by the BOD or ARC. Applications to install paved parking strips should be submitted to the BOD or ARC.
- Fencing and Hedging. All fences constructed on any Lot must first be approved by the BOD or ARC, as to height, size, location, materials and No wall or fence shall be constructed with a height of more than six (6) feet above the ground level of adjoining property. Fencing must be white vinyl and shall be approved by the ARC. Posts must be professionally set in concrete. Gates shall be made of the same material as the fence. The structural integrity and good visual appearance should be maintained throughout the life of the fence. No hedge or shrubbery abutting the property lines shall be permitted with a height of more than six (6) feet without prior written approval by the BOD or ARC. Perimeter walls shall not be permitted.
- Sidewalks. Sidewalks should never be blocked by any vehicle or Sidewalks need to be kept clear and is monitored by Clermont’s Code Enforcement Agency and the management company. It is only considerate of your fellow neighbors who require the sidewalk to navigate through the community whether by walking, pushing a baby carriage, or disabled pedestrians getting their exercise. Common property areas are for the mutual benefit of all homeowners and guests to have access to and enjoy mobility throughout the community.
- Games and Play Structures. Basketball hoop and stanchion must be of a temporary/portable style They may not be mounted to the house or installed in the ground. Must be set back no less than twelve (12) feet from the sidewalk for pedestrian and automobile safety. Play equipment can include sandboxes, playhouses, swing sets, trampolines. Semi-permanent play equipment that either constitutes a structure or is appurtenant to an existing structure must be located in the rear yard behind a fenced area. Recreational equipment may not be taller than ten (10) feet. All types of games and play structures must be approved prior to installation by the ARC. No skateboard or bicycle ramps are permitted
- Flags. Any homeowner may display one portable, removable United States flag or official flag of the State of Florida in a respectful manner, and one portable, removable official flag, in a respectful manner, not larger than 4-1/2 feet by 6 feet, which represents the S. Army, Navy, Air Force, Marine Corps, or Coast Guard, or a POW-MIA flag, regardless of any covenants, restrictions, bylaws, rules or requirements of the Association. Any homeowner may erect a freestanding flagpole no more than 20 feet high on any portion of the homeowner’s real property, if the flagpole does not obstruct sightlines at intersections and is not erected within or upon an easement. The homeowner may further display in a respectful manner from that flagpole, one official U. S. flag, not larger than 4-1/2 feet by 6 feet, and may additionally display one official flag of the State of Florida or the U. S. Army, Navy, Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such additional flag must be equal in size to or smaller than the U. S. flag. This subsection applies to all community development districts and homeowners’ associations, regardless of whether such homeowners’ associations are authorized to impose assessments that may become a lien on the parcel. This act shall take effect July 01, 2008.
- Vehicle Parking. No parking of any vehicle on any green area anywhere within the All Lot owners’ vehicles should be parked inside the garage or on their own driveway. No mobile home, Recreational vehicle, landscape trailers, semi-trailer, tractor trailer trucks (other than light pick up and utility van trucks, not exceeding one (1) ton capacity) shall be placed or parked on any street at any time, either temporarily or permanently, except in a closed structure or garage. Commercial vehicles (advertising on them, or trucks/vehicles used for work as permitted by the employer to be brought home) can also be parked in the driveway as long as they do not exceed one (1) ton. Parking in the street is prohibited and becomes a safety issue.
- Exterior Maintenance of Home Structures and Grounds. Residents are responsible for maintaining the exterior appearance of their house, landscape and other improvements on their lots in good order and The following examples represent some of the conditions that would be considered a violation:*peeling paint on homes; *damaged or dented mailboxes or garage doors; *fences and gates with leaning, broken and deteriorating or missing parts;*recreation equipment or playhouses in need of painting or other repair; *un-kept lawn and landscaping; *missing shutters, shingles, house numbers; *lack of storage of play items, yard equipment and other clutter in front or rear yards;*mold/mildew on exterior walls, fascia, sidewalks, driveways, garage doors and fences. If a home is destroyed by any weather damage, such as hurricane or tornado, or by fire, the rebuilding of such structure must begin within three (3) months of the damage unless the BOD or ARC is notified of the reason that it cannot be built within that time.
- Solar Panels. Solar panels are permitted but an Owner must complete an ARC application before any installation takes Solar panels are limited to the sides and rear of a home.
- Holiday Decorations. If a homeowner wishes to decorate the outside of their home for any holiday, the decorations for a specific holiday must be removed fifteen (15) days after the stated
- Refusal of Approval. Refusal of approval of any plan or specifications, or location by the BOD or ARC may be based on any grounds, including purely aesthetic grounds, in the sole and absolute discretion of the BOD or ARC.
Voting. Every owner of a Lot which is subject to assessment shall be a Member of the Association. Members shall be entitled to one vote for each lot owned. Voting for Members is as outlined in the Covenants:
- Annual Assessment exceeding an increase of 10%.
- Special assessments for capital improvements
- Election of Directors.
- Recall of Directors.
Right to speak at any Board of Directors Meetings. Each member who wishes to address an issue on the agenda shall be allowed three (3) minutes to address the board, provided each member has signed up to speak prior to the start of the meeting. Residents attending BOD meetings shall be permitted to speak AFTER the board meeting has taken place.
Guidelines on Brick and Concrete Pavers
The installation of “Pavers” on concrete sidewalks leading from the driveway to the front porch/alcove will henceforth be permitted in the community, subject to Architectural Review Committee, (ARC) approval, in accordance with the specific guidelines listed below.
These guidelines are applicable to exterior concrete sidewalks, walkways, porches and patios. Pavers are not intended nor will they be approved for installation on driveways. Pavers will also not be approved on the common area sidewalks owned and maintained by the HOA.
In the event that a homeowner has previously added pavers to extend the width of the driveway and had received approval from the ARC, then any new application shall ensure that all pavers shall be replaced or otherwise match any new work proposed.
- Full thick pavers (Minimum 2-1/4” thick) of natural cement or earth toned concrete or fired earth toned clay material may be installed over compacted granular sub bases in lieu of concrete for sidewalks, walkways and rear yard Full thick brick pavers may not be installed over existing concrete pavements.
- Thin pavers of earth toned concrete, clay, slate and other natural stone products (usually ¾” to 1-1/4” thick) may be installed over existing concrete sidewalks, porches and Patios.
- Homeowner shall use colors that are harmonious with the existing home color Harmonious colors are those that relate to each other in a visually pleasant manner.
- Set full thick pavers on a firmly compacted sand or sand-cement sub Set modular brick units in running bond or herringbone patterns, with sanded joints. Grouted joints not permitted.
- Set thin pavers on concrete sub-base using thin-set method with or without grouted joints.
- Full thick pavers may not be installed over existing concrete Remove existing concrete pavement and re-grade. Provide a free draining sub-base and compact to receive pavers with a finished elevation approximately equal to the design elevation of the original concrete pavement. Take care to maintain drainage patterns.
- Submit samples of pavers and design or pattern with application for Brochures showing the pavers in color may be used in lieu of submitting actual samples of the pavers.
- Home owner shall control the work and conduct of all contractors on the site.
- Home owner shall notify adjacent and nearby property owners of the proposed improvement and the nature of the work and shall use all means necessary to protect adjacent and nearby property owners from any damage or annoyance.
- Home owners shall immediately remedy any damage to the site and adjacent premises caused by any contractor or Failure to take such action in a timely manner will be cause for the HOA to correct the damage at homeowner’s expense.
- Proposed work shall commence within 45 days of approval by the ARC committee and shall be completed within 105 days of Time extensions may be granted by the ARC committee upon written request.
- College Park of Clermont Homeowner Association, Inc. shall assume no cost or responsibility for installation or (removal of pavers installed without prior approval of the ARC), maintenance or warranty for the paving applications herein described.
September 22, 2014