Talaverde

Homeowners Association

 

 

 

Revised

Architectural Standards

and Guidelines

 

 

 

 

 

 

 

Adopted by the Talaverde Association Board of Directors

on June 24, 2004 and effective July 24, 2004

 

 

 

TALAVERDE HOMEOWNERS ASSOCIATION

ARCHITECTURAL STANDARDS AND GUIDELINES

 

Table of Contents

 

DESCRIPTION                                                                                               PAGE

I.          Introduction............................................................................................................. 1

II.         CC&R Violation and Enforcement..................................................................... 2

III.       General Guidelines................................................................................................. 2

IV.       Architectural Design and Material Standards........................................ 4

            A.         Landscaping....................................................................................................... 4

            B.         Fencing, Walls, and Gates............................................................................... 5

            C.         Patio Slabs, Other Concrete Slabs, Patio Covers, Gazebos............................ 6

            D.        Pools, Spas, and Related Equipment............................................................... 7

E.                  Other Structures................................................................................................ 7

F.                  Other Modifications.......................................................................................... 8

1.                  Security Bars......................................................................................... 8

2.                  Exterior Lighting.................................................................................... 8

3.                  Solar Screens......................................................................................... 8

4.                  Window Tinting..................................................................................... 9

5.                  Playhouses, Play Structures, Storage Sheds, and Other Sports Apparatus       9

6.                  Basketball Poles and Backboards....................................................... 9

7.                  Skylights and Solar Energy Equipment.............................................. 9

8.                  Awnings................................................................................................ 10

9.                  Air Conditioning Units or Equipment............................................... 10

10.             Satellite Dish/Receivers, Antennas.................................................. 10

11.             Exterior Paint and Finish Colors....................................................... 10

12.             Signs...................................................................................................... 10

13.             Flags and Flagpoles............................................................................. 10

V.         Drainage..................................................................................................................... 11

VI.       Enforcement Policy.............................................................................................. 11

VII.      Amendments to Standards and Guidelines................................................. 12

VIII.     Liability Statement................................................................................................ 12

IX.       Architectural PROCESSING................................................................................. 13

X.         ARCHITECTURAL Submittal Checklist.............................................................. 14

 

            EXHIBIT A – Architectural Review Submittal Form

            EXHIBIT B – Impacted Neighbor Statement

 

 

 


I.       Introduction

As provided in the Declaration of Covenants and Restrictions for Talaverde Homeowners Association (CC&Rs) and the Bylaws, an Architectural Review Committee (ARC) has been established with the right and duty to promulgate reasonable standards against which to examine any request made pursuant to Article 10 of the CC&Rs in order to ensure that the proposed plans conform harmoniously to the exterior design and existing materials of the buildings in the Talaverde Homeowners Association.

The Board of Directors has developed the Talaverde Homeowners Association Architectural Standards and Guidelines, which the Architectural Review Committee applies, to preserve the architectural style established by the builders in the construction of the homes in the community, as provided in the CC&Rs, and to assist property owners in the architectural review process.

These guidelines are intended as a supplement to the requirements of Article VII of the CC&Rs. They do not embody the CC&Rs in its entirety.

YOU ARE ADVISED TO READ THE CC&RS before developing and submitting your review package to the ARC.

Purpose

The ARC has been established to ensure the continuity in design, which will preserve and improve the Talaverde Homeowners Association and aid in ensuring preservation of property values.

The ARC must review all plans for exterior improvements contemplated for lots in the Talaverde Homeowners Association. "Improvements" would include, but not be limited to, construction, grading, excavation, additions, modifications, alterations, decoration, redecoration, or reconstruction (including paint colors) to residential dwellings, detached garages, utility buildings, fences, walls, patio slabs, patio covers, decks, balconies, gazebos, pools and spas, play and sports equipment, as well as landscape plantings, sidewalks, other concrete work, all masonry and gates.

Architectural Review Request forms must be completed and submitted to Professional HOA Managers with improvement plans. All required documentation must be attached (i.e., plans, impacted neighbor statements, color samples, etc.).

A copy of the form is attached and additional forms can be obtained from the Association's management company, the Board of Directors, or the ARC.

II.      CC&R Violation and Enforcement

Failure to submit complete plans to the ARC for review and approval prior to beginning construction, or failure to complete improvements according to approved plans and in compliance with governing codes, constitute a violation of the CC&Rs and may (1) result in a hearing and fine being assessed against the property and/or (2) require modification or removal of unauthorized work at the expense of the homeowner.  Construction or installation of improvements may not commence until the ARC has granted written approval of the improvement.

Assistance

The ARC staff will be happy to assist with the submittal process, interpretation of related CC&R provisions, and these Guidelines.

III.     General Guidelines

A.    Any condition or material not specifically defined herein shall become a matter for the consideration and determination of the ARC.

B.                 Approval by the ARC does not constitute waiver of any requirements by applicable governmental agencies (i.e., city permits).

C.     ARC approval does not constitute acceptance of any technical or engineering specifications or governmental requirements. The function of the ARC is to review each submittal for conformity to the intent and provisions of the CC&Rs.

D.     Approval of plans is not an authorization to proceed with improvements on any property other than the applicant’s.

E.      An oversight by the ARC regarding the CC&Rs or the Standards and Guidelines does not constitute a waiver.

F.      Access through common property is prohibited. Access for equipment used in construction must be over or through the applicant’s property. Building equipment and materials must be contained on the applicant’s property. Streets may not be obstructed with equipment or building materials.

G.     In the event construction requires use of adjoining property, the applicant must obtain written permission from the adjoining property owner and submit it with the plan submittal.

H.     All work must be performed in a manner consistent with the standards of the original residence construction and appearance. Any work performed that is of substandard quality to the established community of the Talaverde Homeowners Association will be reworked to an acceptable appearance at the owner’s expense.

I.        Submittal of color samples of any paint or stain is required when they deviate from the original colors of the residence.

J.      Impacted Neighbor Statement. The Impacted Neighborhood Statement is designed to provide the ARC input form to neighbors regarding any improvements that may have an effect on the use, enjoyment, or value of their property, as well as to promote communication and avert potential problems. The ARC uses the form for advisory purposes only.

The Impacted Neighbor Statement must be completed and submitted with the Architectural Review Submittal Form that will affect your neighbors in any way.  If a property line is shared with a builder, a representative of the builder must sign the form.  If the property line is shared with the Association, the designated representative of the Association must sign the form.

K.         Terms used in the statement are defined as follows:

"Facing" refers to the neighbors directly across the street. In the case of a corner lot, "facing" could refer to two or three neighbors across the street facing the side of the residence, as well as neighbors directly across the street facing the residence.

"Adjacent" refers to adjoining properties, and

"Rear" refers to properties adjoining the rear property line of the applicant's property.

The ARC may deem it necessary to request additional Impacted Neighbor Statements from other neighbors in the vicinity of the proposed improvements.

IV.     ARCHITECTURAL DESIGN AND MATERIAL STANDARDS

Improvements must be designed in general conformance with the original architectural style of the residence and the community at large. The ARC will evaluate plans based on the overall benefit or detriment, which would result to the immediate vicinity and the Community generally.

This section further defines appropriate materials for use in modifications and other improvements, which are considered typical, and may be "pre-approved" by the ARC. Plans for items that meet the following criteria exactly need not be submitted to the ARC. However, any deviation from these items requires written ARC approval.

A.         Landscaping

1.         Definition of Components -- Landscaping components can be defined as hardscape or softscape.

a.         Hardscape – walkways, driveways, steps, planters, landscape retaining walls, pilaster, patio slabs, pool decking, etc.

b.         Softscape – grass, flowers, shrubs, ground cover, trees, etc.

2.         Time Frame for Installation – The Association requires the complete installation of landscaping with an automatic irrigation system on all areas of a lot within 60 days after the close of escrow.

Articles 9 and 10 provide for maintenance of landscape and provisions for failure to install landscape and automatic irrigation or failure to maintain landscape after installation.

Failure to install landscape and automatic irrigation and/or maintain installed landscape improvements is a violation of the CC&Rs and subject to penalty.

3.         Landscaping is considered an integral part of the overall lot. As a design element, consideration must be given to the relationship to adjacent houses and surrounding area.

4.         All landscaping, plantings, and installation of permanent irrigation systems by an owner must remain aesthetically consistent with the design and plan of the Community.

5.         Horizontal hardscape materials may not exceed 60 percent of the front and side yard; 40 percent of the front and side yards must be planted with groundcover (organic material).

6.         The following landscaping materials are not permitted in private yards:  Common Bermuda Grass, Common Mulberry, Common Olive, and Cottonwood. 

7.         The following landscaping materials are not permitted in front and side yards:  White edging, white rock, artificially painted rocks, caliche and wooden materials (e.g., railroad ties).

8.         The use of decorative rock and gravel is permitted and encouraged.  The complete landscape plan, including colors, must be submitted for approval.  Weed control must be addressed on the plans.

9.         Only xeriscape (low moisture, low maintenance) landscaping shall be located on the Owner’s lot within three feet of foundation, slab, side, or other portion of Dwelling, wall, and/or any other improvement.

10.             Irrigation system spray heads must remain three (3) feet from all property lines and must be directed away from the walls to reduce and avoid damage to walls shared by neighbors or the Association.  Only drip lines are allowed in the three-foot perimeter areas.

B.         Fencing, Walls, and Gates

1.         All fence construction, extensions, and finish materials not installed as a part of the original construction of the residence require prior written approval of the ARC.

2.         All property walls shall be well maintained.  Any wall surface facing the street must be painted and stuccoed to match the residence or be of neutral color that complements adjacent residences or finished in a manner consistent with the builder installed walls.

3.         All fence extensions must be of the same material and design as the existing fencing.

4.         The following fence or gate materials are unacceptable to the ARC:

a.         Aluminum or sheet metal.

b.         Chicken wire or mesh.

c.         Metal or nylon coated (plastic) chain link.

d.         Corrugated or flat plastic or fiberglass panels.

e.         Plastic webbing, reeds, or bamboo.

f.          Glass block and panels.

g.         Woven bender board.

h.         Wood fencing.

i.          Rope or other fibrous strand materials.

j.          Double property line fences.

5.         Landscape and improvement plans for corner lots must comply with the requirements of governing agencies. Walls and shrubbery on a corner lot must be installed and maintained in accordance with the governing agency's "clear site" ordinance.

6.         Decorative arches, gates, decorative iron work, and security bars require written approval of the ARC.

C.         Patio Slabs, Other Concrete Slabs, Patio Covers, and Gazebos

1.         All plans for patio slabs, patio covers, decks, balconies, and gazebos must be submitted to the ARC for review and approval.

2.         Patio slabs/decks must be installed so as not to alter the drainage.

3.         Minimum setback requirements must meet those established by the governing agency and Summerlin West Community Association.

4.         Patio Covers, Shade Structures, Arbors, Trellises, Gazebos, Etc.: Surface colors or finish materials must match or harmonize with the existing colors and materials of the original residence.  The following materials are not acceptable:

a.         Corrugated plastic or corrugated metal.

b.         Plastic webbing, split bamboo, reeded or straw-like material.

c.         Asphalt shingles.

d.         Rolled roofing, unless on a flat roof with a tile wrap.

D.        Pools, Spas, and Related Equipment

1.         Submittal of a complete construction plan showing placement of pool or spa equipment on the property is required.

2.         Pool/spa equipment must be screened from the view of adjacent properties and from street view.

3.         Rear and side yard setbacks must meet the requirements of the governing agency and Summerlin West Community Association.

4.         Water falls and other features may not be built against a property line wall.

5.         The water’s edge must remain a minimum of three feet from all property lines.  Above-ground pools are subject to review.  Pool construction access is not permitted through Association common walls.

E.         Other Structures

Detached garages, room additions, decks, balconies, or any other exterior alteration to any building require approval by the ARC. A designer or licensed architect must draw such improvements. Such drawings should contain the following:

1.         Site plan showing setbacks.

2.         Floor plan showing all walls, columns, openings, and any condition or feature that will affect the exterior design of the addition/structure.

3.         Roof plan.

4.         Elevations.

All structures must be constructed with materials that conform to type, quality, and detailing established in the construction of the original residence.  Impacted Neighbor Statements must be submitted; minimum setback requirements must be met.

Balconies and sundecks are two-story features and are not allowed on one-story homes.  They must match the architectural design, materials, and colors of the house.

Patio Enclosures may be enclosed only with glass or screening materials from the bottom of the header to finish floor of the patio. 

Sunrooms are a non-habital room addition with fixed glass from the bottom of the header to finish floor.  All other enclosures are considered room additions.

Raised observation decks, patios, landings, walks, paths, waterslides/features, statuary and other hardscape improvements are allowed in the rear yard only.  The minimum set back requirement is five feet (5’) from all perimeter walls.  The height of the floor surface of these hardscape improvements may not exceed 30” above the grade of the building pad for the residence located on the lot.

Structures (including but not limited to gazebos, sheds, play equipment, fireplaces, barbecues, shade structures, etc.) are NOT allowed on sloped back yards.  These structures must be installed at ground level (i.e., the same grade of the building pad for the residence located on the lot).

F.         Other Modifications

1.         Security Bars – Security bars on windows and doors require approval of the ARC. The material should be painted to match the original color of the residence or to match the original window frames. Elaborate designs are discouraged and incompatible with the general architectural style of the Community.

2.         Exterior Lighting  - Exterior lighting, including landscape accent lighting, must be approved by the ARC. Subtle, low-level lighting of facades and front yard landscaping are encouraged. Holiday lighting that does not create an annoyance to neighbors is permitted without ARC approval but must be removed at the close of the holidays.

3.         Fixed Solar Screens – Fixed solar screens, rolling solar screens, and rolling shutters do not require approval of the ARC if one of the following approved screen frame colors is used.  The ARC must approve all other colors.

a.                  Dark brown

b.         Dark gray

c.         Sand

d.         Charcoal

e.         Light gray

4.         Window Tinting - Window tinting does not require the approval of the ARC if the color is light, medium, or dark smoke gray. The ARC must approve all other colors. Mirror or reflective finishes are prohibited.  Note:  After-market window tinting may invalidate your warranty.

5.         Playhouses, Play Structures, Storage Sheds, and Other Sports Apparatus - Structures will be considered on a case-by-case basis and must be constructed, located, and adequately screened to minimize the impact on the adjacent neighboring property and common area.  Structures shall blend with the materials and colors of the home.  The minimum setback requirement for play equipment is five feet from neighboring property lines. 

6.         Basketball Poles and Backboards - The installation of basketball poles and backboards, or other similar sport equipment and related cement areas, must be approved by the ARC.  Front yard installation is prohibited.  Use of mobile units in the front yard is permitted provided they are stored out of view when not in use.

Permanent rear yard installation may be permitted provided the pole is located a minimum 10’ from any property line, the backboard is screened from view from neighboring lots and the street, and the equipment is maintained in a like-new condition at all times.   An Impacted Neighbor Statement is required.

7.         Skylights and Solar Energy Equipment - The installation of any roof-mounted system to accommodate solar energy equipment for home or pool/spa is permitted but must be approved by the ARC.  Skylights will be considered based on number and location.  An Impacted Neighbor Statement must be submitted. Specific concerns of the Committee will be the color of the materials used in relation to the roof color, visibility from streets, neighboring properties, and common area. The ARC may require Impacted Neighbor Statements from other owners in the general vicinity.

8.         Awnings - Awnings require prior approval of the ARC. The design, material, and color must be harmonious with existing architecture. Metal awnings are prohibited.

9.         Air Conditioning Units or Equipment - Any exterior air conditioning equipment other than the equipment installed as a part of the original residence must be approved by the ARC, mounted below the perimeter fence line and back of the side return wall, and screened from public view.

10.       Satellite Dish/Receivers and Antennas – Satellite dishes and antennas one meter (39.37 inches) or less in diameter may be installed without the ARC’s approval.  Antennas used for amateur (“Ham”) radio, CB radio, FM or AM radio service, satellite radio, or used as part of a hub to relay signals among antennas are not permitted.

11.       Exterior Paint and Finish Colors - Any change in color from the original exterior colors of any residence or other improvement must be approved by the ARC.

12.       Signs - The CC&Rs (Article 10) provide that no signs, posters, billboard, advertising, device, or other display shall be displayed with the exception of one standard (18” x 30”) “for sale” or “for rent” sign.  Owners may display one sign, not larger than 20” x 20”, to advertise a garage sale at the Owner’s unit for not more than 12 hours prior to the garage sale and no later than six hours after the end of such sale.

13.       Flags and Flagpoles – Flagpoles over fifteen (15’) feet in height are prohibited.  Flagpoles under this height must be approved by the ARC.  Homeowners are entitled to display the State of Nevada flag or the flag of the United States provided it is displayed in a manner consistent with the Federal Flag Code, does not exceed four feet in its vertical dimension or six feet in its horizontal dimension, or in a manner that poses a real and substantial danger to health and safety.  The maximum number of flags of the United States that may be displayed on or around the exterior of a unit is one.

V.       DRAINAGE

Each owner is responsible for providing proper drainage on his/her lot if the grade established by the developer during the original construction is altered during the construction of improvements. Approval of plans granted by the ARC will be based upon the assumption that the owner has provided for proper drainage. 

Therefore, the ARC will assume no responsibility.

VI.     ENFORCEMENT POLICY

The CC&Rs require that any improvement must be approved prior to the installation (Article 10).  Any improvement that has been installed without approval is in direct violation of the CC&Rs.  The association may use any remedies provided in the CC&Rs to enforce those provisions.

The ARC will make very effort to approve improvements installed prior to the publication of the Architectural Standards and Guidelines that meet the criteria of the Architectural Standards and Guidelines.

Cooperation with the following process is necessary to ensure compliance with the provisions of the CC&Rs and to circumvent the possibility of applicable penalties for the existing violations.

A.         Improvement Without Permit - In the event the improvement was installed or constructed without a building permit, the owner must obtain a permit and submit it to the Committee with a submittal package as if no construction had taken place.

B.         Improvement With A Permit - In the event the improvement was installed or constructed after issuance of a building permit, the owner should submit the following:

1.         Architectural Review Submittal Form

2.         Impacted Neighbor Statement

3.         Notice of Completion or final inspection

4.         Two photographs of the completed improvement taken from two separate angles.

VII.    Amendments to Architectural Standards and Guidelines

The Architectural Standards and Guidelines may be modified from time to time pursuant to the following criteria:

A.         Amendments must be approved by the Board of Directors.

B.         A property owner or other member of the association may submit recommended changes to the ARC for consideration.

C.         Recommendations shall be reviewed by the ARC and, if approved by two-thirds of the ARC members, the recommendations shall be forwarded to the Board of Directors for consideration.

D.        Upon approval and adoption by the Board of Directors, the change shall be incorporated into the Architectural Standards and Guidelines. Notice of such adopted amendment will be made in the association newsletter and copies of the amendment will be available to the membership upon request.

E.         All amendments shall become effective upon adoption by the Board of Directors, but shall not be retroactive.

F.         In the event of any conflict between an amended provision of the Architectural Standards and Guidelines and the CC&Rs, the provisions of the CC&Rs shall prevail.

VIII.   Liability Statement

ARC approval of plans shall not constitute a representation, warranty, or guarantee that such plans and specifications comply with engineering design practices or zoning and building ordinances, or other governmental agency regulations or restrictions. The ARC shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approved, from the standpoint of structural safety and conformance with building or other codes. By approving such plans and specifications, neither the ARC, the Members thereof, the Association, nor the Declarant assumes any liability or responsibility for any defect in the structure constructed from such plans or specifications. As provided in the CC&Rs, neither the ARC, any Member thereof, the Association, the Board, nor the Declarant shall be liable to any member, owner, occupant, or other person or entity for any damage, loss, or prejudice suffered or claimed on account of (i) the approval or disapproval or any plans, drawings, or specifications, whether or not defective or (ii) the construction or performance of any work, whether or not pursuant to the approved plans, drawings or specifications.

IX.     Application Processing

A.         Processing Time Period—In accordance with the CC&Rs, once a completed application and all supporting documentation has been submitted, the Association’s Architectural Review Committee and Summerlin West’s Design Review Committee have a maximum of 30 days to render a decision on a request.  All homeowners will be notified by mail of the Committees’ decisions.  A typical request requires 10 to 14 days to process.

B.         Bond Requirement—Large scale improvements, which include but are not limited to room additions, pools, spas, and extensive landscaping, require a $2,000 surety bond or $2,000 check before work can begin. This is to ensure that any damages to the Association’s sidewalks, curbs, gutters, and streets caused by the subcontractor will be replaced or repaired upon completion of the project.  All subcontractors shall submit their bond or monies to:

 

Talaverde Homeowners Association

c/o Professional HOA Managers (Pro HOA)

8683 West Sahara Avenue Suite 220

Las Vegas, NV 89117

 

C.         Construction Site/Materials—Construction materials visible from the street must be moved within 60 days of being placed on the lot.  Materials must be stored on the lot or driveway apron.  The construction site must be in a neat and orderly condition at the close of each workday.  Trash, scrap materials, and debris must be disposed of daily through placement in a contained receptacle or removed from the site.

D.        Stop Work OrdersThe commencement of construction of the proposed work prior to approval by the ARC, or non-adherence to the approved plans, shall be a violation of these rules and the ARC is empowered to issue a Stop Work Order to the homeowner.  Continuing work beyond the issuance of the Stop Work Order shall subject the homeowner to a hearing, applicable fines, and all other legal remedies to which the Association may be entitled pursuant to the CC&Rs and the laws of the State of Nevada.  The Stop Work Order will be signified by the delivering or posting of a notice at the job site and a copy of the order mailed to the homeowner. 

X.      Architectural Submittal Checklist

An incomplete submittal package will delay the review process.

The following list is provided to assist a property owner in preparing the submittal package:

Original plus one copy of items A through E are required

A.         Architectural Review Submittal FormThe form must be completed in its entirety.  It may be duplicated for use with future submittals. 

B.         Impacted Neighbor Statementaffected neighbors must sign this form (typically "adjacent" and "rear).”  However, the "facing" neighbors must sign the form if the proposed improvements will be visible from a street.

C.         Plans/Sketches—Plans or sketches include elevation drawings of the improvement, size and types of materials to be used, a site plan depicting the improvement on the lot and in conjunction with property lines, the residence, and any other existing pertinent improvements. Accurate dimensions (height, length, and width) must be shown. Exterior colors and finishes must be submitted.

D.        Landscape Plans—Landscape plans must be drawn to depict the lot, residence, property lines, existing walls, and fences. Landscape materials, such as sod, trees and shrub types and sizes must be specified, as well as their location. Irrigation and lighting must be shown. Samples of decorative rock or the size and/or color of the rock must be included. Proposed hardscape areas (driveways, parking areas, and sidewalks) must be shown.

E.         Material Samples—Color paint chips, type of rock to be used, pictures of gazebos, pools, patio covers, and spas should accompany the detailed drawings when available.

 

            (Signature on File)                                                                                       

 

Morgan Lavelle, President                                                   Date