The Coves At Crooked Creek
Homeowners Association, Inc.

Single Family Lots

Rules, Regulations, and Architectural Guidelines

OCTOBER 2014
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TABLE OF CONTENTS
INTRODUCTION
BUILDING PROTOCOL AND REQUIRED PERMITS
ARCHITECTURAL REVIEW PROCESS
HOMEOWNER NOTIFICATION
APPROVED ARCHITECTURAL CHANGE REQUIREMENTS
UNAPPROVED CHANGES
ENFORCEMENT
FINES
ARCHITECTURAL GUIDELINES
AIR CONDITIONERS/HEAT PUMPS
AERIALS, ANTENNAE AND SATELLITE DISHES
BOATS/TRAILERS/TRUCKS/RVS/VEHICLE REPAIRS
DOG HOUSES AND DOG RUNS
FENCES
DRIVEWAYS AND DRIVEWAY APRONS
SHEDS
FIREWOOD
GARAGES/ OUTBUILDINGS
IRRIGATION SYSTEMS
LANDSCAPING AND LAWNS
MAILBOXES
GARBAGE
ROOFING
SWIMMING POOLS

EXHIBIT A – LETTER OF INTENT TO BUILD INSTRUCTIONS
EXHIBIT B – SAMPLE VIOLATION LETTER

INTRODUCTION
To ensure that our community will always be an attractive and desirable place to live, architectural standards must be maintained. These standards are generally outlined in the Declaration of Covenants, Conditions, Restrictions and Easements (“DCCR”), a copy of which should have been provided to each Homeowner upon the purchase of their property in the Association. The DCCR, Bylaws, Articles of Incorporation, and the Rules, Regulations and Architectural Guidelines (“Guidelines”) are collectively referred to herein as “Governing Documents”. These Guidelines should be used as a supplement to the DCCR, Bylaws, and Articles of Incorporation. It is recommended that every homeowner read the Governing Documents for a full understanding of the rules, processes, and restrictions that apply to our growing community.

Architectural standards benefit all residents and all residents share the responsibility to comply with, support, and contribute to them. The purpose of the Rules and Guidelines is to protect each Homeowner’s investment and ensure that we can all take pride in our community.

The goal of these Guidelines is to provide specific, yet easy to understand guidance concerning architectural development and other rules that may only be generally expressed in the DCCR, Bylaws, and Articles of Incorporation. As with the other Association documents, this document is intended to be a part of each Homeowner’s permanent records.

If you have any questions about these contents, do not hesitate to contact anyone of the Board Members or the ARC Chair.

We look forward to working with residents to keep the Coves At Crooked Creek an attractive community.

Sincerely,

Members of the Board of Directors
The Coves At Crooked Creek

BUILDING PROTOCOL FOR THE COVES AT CROOKED CREEK
A set of house plans or a contractor’s rendering of the projected house
Site Plan
Ground Floor Plan and Framing Plan
First Floor Plan and (Second Floor) Framing Plan
Exterior Elevations if possible
“Section 8.07 MINIMUM SQUARE FOOTAGE
No dwelling shall be erected on any Lot having less than the following:
8.07.1 Waterfront Lots, 1,600 s.f. heated floor-space, with a minimum footprint of 1,000 s.f. heated floor space.
8.07.2 Interior Lots 1,400 s.f. heated floor-space, with a minimum footprint of 1,000 s.f. heated floor- space.” (Ref. from the Covenants)
Refer to Covenants regarding required permits.
SEPTIC TANK PERMIT:
Winston County Revenue Commissioner
ADEM PERMIT (Storm water runoff):
Decatur Branch
DOCK/RETAINING WALL PERMIT:
Alabama Power
BURN PERMIT:
Alabama Forestry

ARCHITECTURAL REVIEW PROCESS
LETTER OF INTENT TO BUILD
Prior to beginning a construction project, Homeowners, shall submit a Letter of Intent to Build (“Letter”) for construction or addition, alteration or improvement to the Architectural Review Committee (the “ARC”) for approval. The ARC may solicit input from the Board of Directors (the “BOD”) prior to final approval. The Letter must be complete for review and consideration by the ARC. Incomplete Letters will be returned to the Homeowner for the required information. The ARC has thirty (30) days upon receipt to review a complete Letter. If a Letter is returned to the Homeowner for any reason, the thirty (30) day review period will begin upon the ARC’s receipt of the revised Letter. Verbal requests will not be considered and may not be relied upon by any Homeowner. If any other construction is being considered and not covered in the Governing Documents, the Homeowner must submit a Letter prior to commencement of work for clarification.

HOMEOWNER NOTIFICATION
The ARC will notify the Homeowner upon receipt of the Letter of Intent to build in writing. The ARC will notify the Homeowner in writing as to the decision of their request. This written reply will consist of a copy of the Letter bearing approval or disapproval, an explanation of any restrictions or contingencies, or an explanation as to why the request was denied.

APPROVED ARCHITECTURAL GUIDELINES
The Homeowner may immediately begin to implement construction if a request is approved. The construction must be completed within 12 months of the approval date. If the project is not begun or completed as specified, the approval is considered lapsed and the Homeowner must reapply. If after construction of main home is completed, and the Homeowner wants to make any exterior changes, a new Letter must be submitted to the ARC for their approval and any additions will have 3 months from approval to complete or the Homeowner must reapply. (ARC has the option to approve additional construction time as applicable.)
Approval of any construction is not to be construed as approval of the structural integrity of the alteration or addition, nor does it relieve the Homeowner from acquiring the necessary permits and approvals from County or State Agencies.

No alterations or additions shall be made which changes the drainage patterns or cause runoff onto common areas, adjacent lots, or streets. Homeowners are responsible for any drainage or runoff damage caused by an architectural change.

UNAPPROVED CHANGES
Homeowners will receive written notification of a violation if the Homeowner has implemented an architectural change prior to obtaining permission from the ARC, or has otherwise violated the Governing Documents. This notification will state the violation, and, if applicable, provide a date by which the Homeowner must either: (1) bring their property back into compliance (i.e., original condition); or (2) apply for the change. If, after review of the Application the ARC denies the change, the Homeowner must bring the property into compliance in accordance with the Governing Documents. Homeowners who have corrected a violation and brought their property into compliance must provide written notification of the correction to the ARC.

ENFORCEMENT
It is the sincere hope and expectation of the HOA that members of the community abide willingly to these Guidelines as a demonstration of mutual respect for their neighbors and the community as a whole. However, in the event that a Homeowner does not abide by these Guidelines, the HOA is empowered by the Governing Documents to utilize numerous methods, including, but not limited to, legal action, to enforce these Guidelines. If a Homeowner is found in violation of these Guidelines, the following process will be followed:

1. The Homeowner will be sent a letter from the ARC describing the violation and requesting that the Homeowner bring their property into compliance or, if applicable, submit a Letter for the change to the ARC, within 30 days of the letter.

2. If, after 30 days, the Homeowner has not brought their property into compliance, submitted a Letter, or provided a reasonable explanation for the delay in bringing their property into compliance, the ARC shall provide the Homeowner with a second letter (sample attached as Exhibit B), sent certified mail, with the following information:
a. Identification of the violation;
b. Enforcement options open to the ARC;
c. Opportunity to acknowledge violation within five (5) days of sending a second letter and correct the violation, submit a Letter to the ARC;
3. If the Homeowner’s property is not brought into compliance by the specified date, the ARC shall review the violation and determine the enforcement options. Enforcement options open to the ARC include, but are not limited to:
a. Fines and/or liens on property;
b. Removing or correcting the violation, of which the Homeowner shall be responsible for all costs;

The HOA reserves the right to inspect Homeowner property for compliance with the Governing Documents. The HOA has the right, upon resolution of the ARC, to enter upon the Homeowner’s property with the homeowner’s prior notification, and take steps to remove or abate the violation. Any costs incurred by the HOA for bringing a property into compliance may be assessed against the owner of the property, and a statement of the amount shall be rendered to the Homeowner. The assessment is due upon receipt. If it becomes necessary the ARC may turn the matter over to legal counsel for resolution.
If the court or arbiter rules in favor of the HOA, the Homeowner is obligated to pay the HOA for all legal and any additional enforcement-related costs.
ARCHITECTURAL GUIDELINES

Below are the Guidelines for the community. It is impossible to draft Guidelines which will cover all possible exterior changes. The ARC will review, on a case-by-case basis, requests that are not covered by the Guidelines. Emphasis will be placed on proper scale, materials, and impact on neighboring properties. The ARC may exempt a Homeowner from these Guidelines for unusual circumstances without creating precedent for the community at-large.

Please keep in mind that these Guidelines are a supplement to the DCCR, and are intended to add clarification to the DCCR. If a restriction speaks for itself as written in the DCCR, it might not be reiterated here.

“No improvements on the Property shall be erected, placed or altered on any Lot, Building Site, or dock, nor shall any construction be commenced until plans for such improvements shall have been approved by the ARC;…” (Ref. Sec. 6.02.2 Purpose from the Covenants)

Homeowners are responsible for obtaining all required governmental permits prior to implementing a change.

“…The ARC, in its sole discretion, may excuse compliance with such requirements as are not necessary or appropriate in specific situations and may permit compliance with different or alternative requirements, provided however, all such exceptions or excused compliance must be approved by the Board. Compliance with The Coves at Crooked Creek design review process is not a substitute and each owner is responsible for obtaining all approvals, licenses and permits as may be required prior to commencing construction, and subsequent compliance with any government agency requirements for sediment control and ground water protection.” (Ref. Sec. 6.05 Architectural Guidelines from the Covenants)

AIR CONDITIONERS/HEAT PUMPS
Window air-conditioning units are strictly prohibited.
An approved application is required for any heat pump that is added to the home after original construction.
The size of any proposed heat pump should be appropriate for the setting.
Heat pumps that have an approved architectural application do not require a new letter for replacement as long as they are the same size, appearance, and are placed in the same location.
There is no requirement for an approved architectural letter for replacing central air conditioning units as long as they are the same size, appearance, and are placed in the same location.

AERIALS, EXTERIOR ANNTENNAE AND SATELLITE DISHES
Every effort should be made to locate the Antenna so that it is not seen from the street, or water, and, if on the ground, installed as close to the home as possible without precluding reception of an acceptable quality signal. Landscape screening may be required as long as there is no interference with an acceptable signal.
Antennae shall be of a standard manufacturer color, such as gray, brown, or off-white.
Antennae situated entirely within a dwelling unit, and not visible from the exterior, are permitted. (Ref. Sec. 8.12 of the Covenants)

BOATS/TRAILERS/TRUCKS/RVs/VEHICLE REPAIRES
Boats, buses, trailers, commercial vehicles (including vans used for commercial use and vehicles displaying commercial signage), trucks as defined by the Alabama Department of Motor Vehicles and/or by common usage, except for light pick-up trucks of three quarter ton capacity or less used for non-commercial purposes), junk vehicles, unlicensed, unregistered or inoperable motor vehicles (which shall include, without limitation, any vehicle which would not pass applicable state inspection criteria), campers, RV’s, machinery or equipment of any kind of character (except for such equipment and machinery as may be reasonable, customary or usual in connection with the use and maintenance of any dwelling), or any similar items may not be stored on the common areas, parking lots, driveways, or any portion of any lot for any time, other than in garages.
Guests using campers or RV’s may park such vehicle in a Homeowner’s driveway.
Major vehicle renovation or repair on any property within the community is prohibited.

DOG HOUSES AND DOG RUNS
An approved Letter is required for dog houses and/or dog runs.
The size of the dog house should be no larger than twelve (12) square feet and no taller than three (3) feet in height.
Dog houses must be constructed of materials that blend with the immediate surroundings and structure.
The dog house and/or dog run must be located on the road side of the property for lake front and backside for lake view properties, and the area must be enclosed with a privacy fence approved by the ARC.
The dog house and/or dog run must be in a location to least impact neighbors and surrounding community. (Ref. Sec. 8.09 of the Covenants)

FENCES
Fences over 4 feet must be approved by the ARC prior to installation.

DRIVEWAYS AND DRIVEWAY APRONS
An approved Letter is required for driveway extension, widening or rerouting.
Driveways and driveway aprons may not be changed in size or location and must be uniform and consistent.
Changes in grade are prohibited as they may adversely affect drainage patterns.
Resurfacing an existing driveway with no changes does not require an architectural change application.
Any exception to the above requires approval through an Architectural Change Request.

SHEDS
No shed of any kind will be allowed on any Lot. Proper size storage sheds may be placed on your dock for boating needs)

FIREWOOD
Firewood may be stored outside if stacked neatly on a platform as inconspicuous as possible.

DETACHED GARAGES/OUTBUILDINGS
An approved Letter of Intent is required for detached garages and outbuildings. The Letter of Intent shall include:
Site plan or plat of the property, showing the exact dimensions of the property, easements, and all improvements, including the location and position of the garage/outbuilding.
Drawings, specifications or a picture of a similar garage/outbuilding must accompany the Letter.
Description of materials to be used must be submitted with the Letter.
Only one (1) outbuilding per property will be approved and the size of the outbuilding will be determined by the size of the lot based upon the buildable area.
The placement for the Outbuilding on the lot must be approved by the ARC.
Metal buildings will not be considered if they do not conform and contain the materials used on the main structure.
Detached Garages/Outbuildings shall not be converted to a commercial business or residential living space. (Sec. 8.01)
Garage /Outbuilding doors shall remain closed when they are not in use.
Garage/Outbuilding doors may not remain open overnight.
Garage/Outbuilding roofing shall match existing home roofing.
Materials shall match existing home exterior.
Garages/Outbuildings will be properly maintained and if damaged, repaired immediately.
Garages/Outbuildings must not interfere with the flow of drainage in swales or within surface drainage easements, or affect the drainage on any property. Proper permitting by State will be required.
(Ref. Sec. 8.02 Garages of the Covenants)

IRRIGATION SYSTEMS
An approved Application is required for an irrigation system.
Irrigation systems may not be installed in any common areas. Irrigation systems installed in any easement area are the responsibility of the homeowner and the homeowner will be responsible for any damage caused by construction in the easement area.
Homeowners are responsible for coordinating with any neighbor that may be affected by the installation of the sprinkler system and ensuring that the installation is within their property lines. (Ref. Sec. 8.17 of the Covenants)

LANDSCAPING AND LAWNS
An approved Application is required for hardscaping, brickwork, stone work, structures, etc.
An Application is not required for planting shrubs, trees, lawn, flowers (including freestanding flowerpots). The planting of hedges or rows of plants used as a blockade or screen does not require an approved Application and should consider full growth and size when planting, prior to placement within the homeowner property.
Retaining walls require an architectural change application. Retaining walls will not interfere with drainage patterns. Generally, retaining walls will be no higher than three (3) feet. (Ref. Sec. 8.05 of the Covenants)

MAILBOXES
Mailboxes installed shall be substantially similar in design, dimension and material to the existing mailboxes installed. Phase I mailboxes can be placed at their properties while Phase II mailboxes must be placed at the entrance to Phase II. (Ref. Sec. 8.21 of the Covenants)

GARBAGE
Upon completion of your main structure you must place a container for garbage, approved by the ARC by the roadway if you are in Phase I. If you are in Phase II your approved container shall be permanently placed at the entrance of Phase II. (Ref. Sec. 8.13 Garbage Cans, Tanks, Etc. of the Covenants)

ROOFING
When replacing roofing, every effort should be made to replace the roof with matching material.

SWIMMING POOLS
An approved State or county permit must accompany the architectural letter and a copy of the final county inspection must be submitted post-installation for in-ground swimming pools.

The Letter shall include the following information:

A site plan showing the location of the swimming pool, its relationship to existing structures, drainage, and property lines
Adequate drainage must be carefully evaluated for site selection approval
Dimensions, type and color of proposed materials
Proposed screening and landscaping plan
Proposed fencing
Above-ground swimming pools are prohibited.
The installation of the pool must not impact the drainage or natural swales.
(Ref. Sec. 8.16 Pools from the Covenants)

EXHIBIT A – LETTER OF INTENT TO BUILD INSTRUCTIONS
Please READ INSTRUCTIONS and COMPLETE ALL REQUESTS.

You are responsible for contacting the State/County to determine if a permit is required. Approval or denial of a request is based on the Homeowners Association criteria. Property owner has sole responsibility for compliance with State/County codes and regulations.

ATTACH a detailed, scale drawing plat map or blueprint of the lot, with proposed structure. (A copy of your lot location drawing received at settlement is ideal.) Include all lot and alteration dimensions, materials and design information.

Any variation from the original Letter must be resubmitted for approval.
ATTACH structural drawings, including elevation measurements, and material list and photo if available, of proposed structure.

INCOMPLETE LETTERS, OR LETTERS SUBMITTED WITHOUT PLANS, ETC., WILL BE RETURNED.

SUBMISSION OF A LETTER OF INTENT TO BUILD DOES NOT GIVE AUTHORIZATION TO BEGIN WORK. WRITTEN APPROVAL MUST BE OBTAINED PRIOR TO COMMENCING CONSTRUCTION.

THE COVES AT CROOKED CREEK

EXHIBIT B – SAMPLE VIOLATION LETTER
CERTIFIED MAIL – RETURN RECEIPT REQUESTED
AND FIRST CLASS MAIL

Record Owner

Re: The Coves at Crooked Creek Homeowners Association, Inc.
Notice of Covenant Violation

Dear Record Owner:

This letter shall serve as notice that you are in violation of the Association’s covenants, specifically Article ___ of the Association’s (Declaration, Bylaws or Rules, Regulations and Architectural Guidelines), due to __________ (describe violation).

If you fail to correct the above violation within ___ days of the date of this letter, the Architectural Review Committee is authorized to impose a fine against you for your violation of Article ___ of the Associations (Declaration, Bylaws or Rules, Regulations and Architectural Guidelines). Please be advised that each recurrence of the above violation or each day during which it continues shall be deemed a separate offense, subject to a separate fine not to exceed a reasonable amount as established by the ARC for each offense

You have the right to request a hearing before the ARC if you wish to dispute or explain the above violation. Such request must be made in writing and must be received by the Board within 5 days of the date of this notice. If you request a hearing, the Board will schedule a hearing for you and notify you of the date and time.

In lieu of requesting a hearing, you may respond to this notice within 5 days of the date of this notice, acknowledging in writing that the violation occurred as alleged and promising that you will immediately correct the violation and will not allow the violation to recur. Such acknowledgement and promise, as well as correction of the violation, shall terminate the enforcement activity of the Association with regard to this particular violation.

Thank you for your cooperation with this matter. If you have any questions, you may contact the undersigned at ____________________.

Sincerely,

THE COVES AT CROOKED CREEK
ASSOCIATION, INC.
By: __________________________________
cc: Record Owner (if not already listed above)