SHADOW LAKE VILLAGE CONDOMINIUM ASSOCIATION

ARCHITECTURAL CONTROL GUIDELINES

 

OBJECTIVE

To maintain and improve our significant investment in Shadow Lake Village, by assuring that the structural integrity and appearance of residential buildings and the grounds immediately adjacent to residential buildings remain at a standard as set forth in these guidelines established by the Architectural Control Committee and the Board of Trustees.

 

APPLICATION

Under the By-Laws of Shadow Lake Village Condominium Association, a member may not make any structural modifications or alterations to the interior or exterior of a unit without the written consent of the Board of Trustees as promulgated in the Rules and Regulations included in “Your Information Guide to Shadow Lake Village” and these guidelines.  The General Manager shall have the authority to approve projects on behalf of the Board of Trustees.  Adverse decisions of the General Manager are subject to appeal to the Board of Trustees.

 

ORGANIZATION

The Shadow Lake Village Condominium Association Board of Trustees has appointed a General Manager to maintain the structural soundness of all buildings in the Village, the aesthetic appearance of Shadow Lake Village, and to preserve and improve the property of the Association.  The Architectural Control Committee sets standards and the General Manager applies these standards with regard to residential buildings and the grounds adjacent thereto.  The General Manager's actions and decisions shall be consistent with these guidelines as developed by the the Architectural Control Committee and approved by the Board of Trustees.

 

The Architectural Control Committee shall consist, as a minimum, of a Chairperson and at least two additional members, one of whom shall serve as Vice-Chairperson.  The Chairperson and members shall be appointed by the President of the Board with the advice and consent of a majority of the Board of Trustees.  The Chairperson of the Committee shall serve for a one-year term unless re-appointed.  Upon vacating the office, the Chairperson shall be an ex-officio member of the committee for one additional year.  Professional experts and residents with skills in the building trades may be consulted concerning matters in their area of expertise.

 

There are three separate but related documents that are maintained by the Architectural Control Committee.  They are:

1.    This Architectural Control Committee Guidelines

2.    The Landscape Guidelines document

3.    The Building Paint Colors document.

These are individually updated by the Architectural Control Committee and subject to review and approval by the Board of Trustees.

 

MODIFICATIONS THAT AFFECT THE APPEARANCE OF RESIDENTIAL BUILDINGS

Pursuant to the ACC objective of assuring that the structural integrity and appearance of residential buildings are maintained, the following guidelines shall be observed.

1.    BUILDING COLORS – The color of the buildings, including the exterior door, is determined by the Architectural Control Committee with the approval of the Board of Trustees.  Refer to the Building Paint Colors document for a list of the currently approved color schemes.

2.    HOUSE NUMBERING – Numbering of units in a consistent and visible way is important for residents and for fire and emergency services.  House numbering is also regulated by the Township of Middletown and must meet the standards of the code.  House numbers shall be five inches in height and shall be of a reflective material or have sufficient visual contrast to the background material to be easily visible at night with the aid of an emergency vehicle spotlight.  They shall be conspicuously placed on the building parallel to the street and within ten feet of the main entrance, or either above or near an upper corner of the garage door so they can be seen in daylight by the average person.  Numbers should not be placed on the garage door itself, because they are then not visible when the door is raised.

Numbering shall be progressively brought into compliance with this guideline as each building is painted.  Additional house numbers that are decorative or include names are allowed under the same rules as "Ornaments," see below.  Personalized numbers should not conflict with the official ones.  No renumbering of units is implied by this guideline.

 

MODIFICATIONS AND ALTERATIONS TO RESIDENCES

Prior to any alterations, variations, modifications, or substitutions to any residence, or to the general overall appearance of the common property, all owners must submit their requests to the General Manager for a decision.  All requests must be submitted to the General Manager in writing and must be accompanied by plans and drawings in sufficient detail for the General Manager to evaluate the application adequately, and to provide a permanent record of the work.  The licensed contractor who will do the work must be indicated and have a record of insurance on file in the Association Office.  The General Manager shall prescribe a form of application to be used.  It shall be incumbent on the applicant to provide the General Manager with all the necessary plans, facts, and data,  in order for the General Manager to make a proper determination.  The General Manager shall act within 21 days of receipt.  If a request is denied by the General Manager, the owner will be advised by the General Manager if a revision to the application will permit approval.  If a request is denied by the General Manager, the owner may, in writing, request the Board of Trustees to reconsider the decision of the General Manager.  The owner may appear before the Board to present arguments and evidence as to why the denial should be set aside and/or modified.

 

If permission is granted for any extension, enclosure, or other such alteration, the owner will be required to execute an appropriate document in legal form under which he, his heirs or assigns agree that they will not hold the Association responsible for any maintenance of any kind resulting from the modification, and moreover, any additional maintenance or damage resulting directly or indirectly from this modification shall be the responsibility of the owner.  This document will be recorded in the Monmouth County Hall of Records if applicable at the expense of the unit owner.  The failure of a unit owner to execute such a document and/or to pay the recording fee shall be a reason for denying the request.  If any alteration or modification is made for which approval has not been secured, either in advance or after the fact, or for which the General Manager, or the Board through the review process, has refused approval, the owner must restore the property in question to its original condition  at his or her expense, or the Association will restore the property to its original condition and the cost will be charged to the owner.

 

UNAUTHORIZED ALTERATION

When it has been determined that an unauthorized alteration or modification of a residential building or its immediate grounds has been made, the General Manager shall notify the unit owner that proper application for retroactive approval must be made.  A satisfactory explanation for failure to secure approval must be filed with the application, which must be submitted within ten days.  Final decision for approval or disapproval will be rendered within ten days by the General Manager.  A final decision disapproving an unauthorized alteration or modification shall be simultaneously forwarded to the Violations Committee.  This written notice shall be considered a formal complaint conferring jurisdiction on said Committee to set a reasonable time for compliance.  The Violations Committee shall not have jurisdiction or authority to vacate or modify the decision of the General Manager or the Board of Trustees.

 

GUIDELINES FOR APPLICATION FOR MODIFICATIONS

Modifications are either REPLACEMENT or ALTERATIONS.

 

REPLACEMENT

Replacement Modifications are those where an existing window, door, or item is replaced with a like unit.  (Example:  sliding door replacing a sliding door.).  These modifications shall be in like color and not require alterations.

 

ALTERATIONS

These modifications change the structure, appearance, or configuration of the building.  (Examples:  a garage window, new window in a wall, or change in construction.)

 

EXTERIOR CHANGES

The outside wall of all residences, except the windows, sliding doors, entry doors, and storm doors are the property of the Association.  Approval must be secured to attach any permanent or removable appurtenance to the exterior of any residence.  Should any alterations be made without the approval of the General Manager, or should any construction be made in a manner, or with materials other than those which have been approved, the owner will be required to restore the property to its original condition at the owner’s expense.  If the unit owner fails to make such restoration, the Association may do so and charge the cost to the owner.  The Association has the authority to place a lien against any property where expenses of the above nature are charged to the owner and the Association is not promptly reimbursed.  A condition of every approval will be to obtain a Building Permit from Middletown Township prior to commencement of work in all cases in which Middletown Township Ordinances require such a permit.

 

1A.  UNCOVERED PATIOS – Any extension or addition to an existing or any new patio is an encroachment on common property.  Thus, permission to alter an existing patio in any manner or install a new patio must be secured from the General Manager.  All patios constructed as uncovered must remain uncovered.  No patio may extend beyond nine (9’) from the base of the building foundation of the residence or be extended beyond the building line of the adjacent units, whichever is shorter, nor be more than sixteen (16’) wide.  All patios must have direct access to the interior of the unit.  Details and plans must be submitted, prior to the start of any work, showing materials to be used, method of construction and associated plantings if any.  Consideration shall be given to any applicant wishing to adapt the shape of a patio to the local conditions, provided the total area of the patio does not exceed 144 square feet.

 

1B. The General Manager shall deny any extension, change, or addition to any patio, if in his opinion, it is not esthetically appropriate or encroaches upon a neighbor’s privacy.  If any approved extended patio together with landscaping, has to be torn up for any legitimate purpose, e.g., to reach utilities, sewer lines, TV lines, etc., the Association is responsible for restoring the patio and landscaping to the original condition.  The Association will not repair or restore any unauthorized additions or modifications.  The removal of railings is subject to the approval of the General Manager.  In the case where railings are part of an original patio,  new railings of same design, type. etc. must be added to conform to the revised configuration of a new patio.  If any patio is constructed without the General Manager’s approval or constructed in a manner or with materials other than that which have been approved, the owner must restore the property to its original condition at his or her expense or the Association will restore the property to its original condition at the owner’s expense.

 

  1. COVERED PATIOS – Covered patios are those patios classified as covered patios in the original building plan.  Any enclosure or change to a covered patio is an infringement or encroachment on common property.  Thus permission to enclose or alter the covered patios, in any manner, must be secured from the General Manager by the owner and the following rules apply:

a.)    Plans must be submitted to the General Manager.

b.)    Covered patios may be enclosed at the building line, with sliding glass doors (highly recommended), doors, windows, or screens.  Any incidental siding required as part of the enclosure must match the existing structure.

c.)    If permission is granted for the enclosure or alteration to a covered patio, the owner must sign a release that he, his heirs, or assignees do not hold the Association responsible for any damage, structural, or otherwise, caused directly or indirectly by the enclosure and for any repairs or maintenance including the screens and windows.  This release must be recorded at the County’s Hall of Records at the owner’s expense.

d.)    Permission to enclose a covered patio will only be granted on condition that a building permit will be secured by the owner.  A copy of the building permit must be filed with the General Manager before work commences.

e.)    The General Manager has the right to deny any enclosure of a covered patio, if in their opinion, it is not consistent with the surrounding architecture.

f.)      If any approved covered patio that has been extended, together with landscaping, has to be torn up for any legitimate purpose, the Association is only responsible for restoring the patio and landscaping to its previous condition.

 

  1. AWNINGS – Outside visors, or any other type of covering for sun protection attached to the outside wall of a residence are subject to the approval of the General Manager and must be of a permanent (not cloth) material blending properly with the building to which it is attached.  Awning must be of roll-up type.

 

  1. FENCES – Fences of any type are not to be installed without the approval of the General Manager.

 

  1. OUTSIDE PLANTINGS – All plantings within four feet of the building foundation are restricted to a 5’ maximum height. The Landscape Guidelines document shall be consulted for details.

 

  1. ORNAMENTS/PLANTERS ETC. – The use of statuary ornaments, planters, urns, bird feeders, birdbaths and other ornamental objects shall be limited on common property.  Flagpoles must be attached to brackets on the building, freestanding flagpoles are not allowed.  It is within the prerogative of the General Manager to require the removal of decorations where there are deemed to be too many and/or inconsistent with the surroundings so as to be aesthetically unpleasant or a safety hazard.

 

  1. BENCHES – Approval is required for both the style and location of benches placed on common property.  Benches must be weatherproof, consistent with the surrounding architecture, and placed so as not to interfere with maintenance of the grounds.

 

  1. PATIO UMBRELLAS – One patio umbrella, maintained in good condition, is permitted per unit and no approval is required for use exclusively on the patio.

 

  1. SHUTTERS – Shutters of any type are not permitted on the exterior of windows of any building.

 

  1. ANTENNAS – No TV or radio antennas, including satellite "dish" antennas, are permitted in common areas.  Antennas may only be installed in an interior area where the resident has exclusive use.

 

  1. EXTERIOR LIGHTS – Exterior light fixtures may not be changed or added without approval.  They should be located with consideration for the privacy of neighbors.

 

  1. LAWN SPRINKLING – Individual fixtures/systems for the Village underground water distribution system may be installed at the owner’s expense when approved by the General Manager.  Above-ground faucets should be labeled "non-potable."  Hoses and hose reels shall be properly stowed when not in use, so that they do not impede grounds maintenance.

 

  1. PAINTING EXTERIOR WALLS – Approval must be secured to alter or paint any portion of the residence, including any common elements.

 

  1. EXTERIOR ENTRY DOORS – The color of a new, commercially pre-painted door is subject to the approval of the General Manager.  If a resident paints a main entry door for any reason, they may choose either the existing door color, the trim color listed in the Paint Colors Document, or the door color in that document (if one is specified for that building).  Any deviation from these standard colors for doors must be approved by the General Manager.

 

The resident is responsible for seeing that a new, unpainted entry door is painted either soon after installation or as soon as weather permits.  Entry doors are not required to be repainted when the rest of the building is painted, or when the building's color scheme is changed.

 

  1. BARBQUE GRILLS – Propane grills are not permitted to be stored on common property.  Use and storage on patios is subject to local and state regulations.  Grills and propane tanks must only be used and stored on ground floor level, and not within five feet of a building structure.  Propane or butane tanks shall not be stored in a garage.

 

  1. MULCH – Level of mulch or soil at foundation must be below the bottom edge of siding to help prevent damage to siding (moisture, mold, termites, etc.).

 

CHANGES IN INTERIOR OF UNIT AND GARAGES

All interior changes to the structure of units and garages as noted below must be approved by the General Manager and the proper building permit must be obtained from the Township, where applicable, and a copy thereof provided to the General Manager.  No other structural changes are permitted.

  1. FIREPLACES – Designs for the construction of and alterations to fireplaces and chimneys are subject to approval by the General Manager.  All necessary Township permits must be obtained by the resident.  Chimneys shall be inspected at the resident’s expense and cleaned as required.  Inspections must be performed every two years, or as required by our insurance carrier.  A certificate of inspection must be presented to the Association.  An affidavit stating that the fireplace will not be used may be submitted to the General Manager as an alternative to inspection.

 

  1. GARAGE ACCESS DOORS – Installation of rear or side access doors to garages is subject to approval.  Installation of electrical garage door openers must include an external emergency release device where no other access to the garage is provided.

 

  1. PULL DOWN STAIRS – Installation of pull down stairs is not permitted in any residence or garage.

 

  1. REMOVAL OF INTERIOR SLIDING GLASS DOORS – When a covered patio is enclosed, the interior sliding glass doors may be removed with their tracks and the opening re-trimmed.

 

  1. PASS THROUGH OPENINGS – Pass through openings from kitchen to dining area are permitted provided suitable structural framing is employed, subject to approval.

 

  1. RESIDENCE UNIT WINDOWS AND DOORS – Any change of windows or doors, including storm doors or alteration thereto is subject to approval.  Requests must be submitted with specifications.  Design and color of frames must be compatible with existing windows and doors.  Requests for changes of full length sliding glass doors to glass windows will be approved by the General Manager only after an inspection of the building location and agreement by the General Manager that the change is compatible with original architectural standards.

 

  1. VENTS, ATTIC FANS, SKYLIGHTS, SOLAR TUBES – Approval must be secured to install any outside vents, roof vents, attic exhaust fans, skylights, or solar tubes, or to put a hole in the roof for any purpose.  A maximum of either a) one skylight plus two solar tubes, or b) three solar tubes, are permitted in a unit .  The skylight must be installed in the plane of the roof and may not exceed 4 feet by 4 feet.  Building permits required by Middletown Township shall be obtained by the unit owner.  A one-time fee may be established by the Board of Trustees for any roof openings, to defer the additional cost that they incur in future roof replacements.

 

  1. FLOORS IN SECOND FLOOR UNITS – Ceramic tile, wood, wood substitute, or parquet flooring shall not be installed on any interior floor of any unit above a first floor unit, excluding bathrooms and kitchens, because of the potential for creating excessive noise.

 

  1. AIR CONDITIONERS – For purposes of Architectural Control, there are three types of air conditioners installed in the Village.  "SLEEVE" units are self-contained wall or window units that ordinarily mount through an opening in the wall designed for that purpose.  They have no associated ductwork.  "CLOSET" type units have the condenser unit, and sometimes the air handler as well, mounted in a utility closet.  They attach to ductwork within the unit. The condenser unit mounts flush with the wall of the building, behind a grille.  "OUTDOOR" units have a separate condenser unit, usually mounted on a concrete pedestal, on the ground outside the unit, attached by plumbing to an air handler inside the unit.  The following rules shall apply:

A)  SLEEVE air conditioners must be replaced with like units. The resident is responsible for replacement of the sleeve itself, if needed, and any associated structural repair work that may be necessary.

B)  CLOSET air conditioners in multi-story buildings where units have a common entry hallway must be replaced with CLOSET units.

C)  Otherwise, it is strongly urged that CLOSET air conditioners be replaced with like units. It is required that CLOSET units be used if all of the criteria for OUTDOOR units cannot be met.

D)  OUTDOOR units, either new or replacements, shall:

i.      Extend no further than 5 feet from the building foundation.

ii.     Not extend beyond the confines of the unit on either side.

iii.   Not infringe upon limited use common property where a downstairs neighbor either has or could construct a patio.

iv.   Not block, or be in tandem with, existing air conditioning condensers, including closet-style, or any utility enclosure or access point.

v.    Not be in close proximity to original windows in the unit, especially bedroom windows.

Application to install any new unit must include make, model number, and decibel rating cited from the manufacturer's technical specifications.  Contractor must submit a statement advising that the exposed ducts were inspected and are serviceable for the new installation.  No make or model may be substituted without approval of the General Manager after the initial application has been submitted.  The General Manager shall consider the aesthetic and noise impact on surrounding neighbors.  If an aesthetic or noise factor exists after installation, the unit owner may be subject to provide visual screening or noise abatement (shrubs, fence, etc.) as requested by the General Manager.  Any insulation disturbed by the contractor must be replaced.

 

  1. HEAT PUMPS – We do not recommend heat pumps.  All of the above rules applying to air conditioners also apply to heat pumps.

 

Approved by the BOARD OF TRUSTEES:_______________________  Date: ______________