Mac Kinley s Mill Homeowners Association. Architectural Rules and Regulations

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1 ARCHITECTURAL REVIEW A. Purpose Mac Kinley s Mill Homeowners Association Architectural Rules and Regulations Clarified Rules and Regulations Adopted: September 17, 2013 The guidelines for the MacKinley s Mill Architectural Rules and Regulations have been established to ensure that the subdivision remains an attractive, harmonious residential development with continuing appeal to enhance and preserve property values. Architectural controls and maintenance standards have been established to achieve this objective. All members of the Association should be familiar with these rules and comply with these rules while a member of the Association. In addition, it is each member s responsibility to assure that their tenants, visitors and guests follow these rules when visiting MacKinely s Mill. These rules and regulations are contained in the covenants and within this document. B. Guidelines The ARB committee has been established to provide guidance to owners regarding matters of particular concern to the ARB in considering applications. The ARB committee is a basis for decisions and compliance with the established guidelines and does not guarantee approval of any application. The ARB shall have the authority to amend the rules and regulations with the consent of the MacKinely s Mill Board of Directors. Any amendments to the ARB rules and regulations shall not require modifications to or removal of structures previously approved. No additions or remodeling, including changes in exterior color or extensive landscaping, fence installation, or other change which are listed in the covenants or any amendments thereto is to occur on any home without the prior approval of the Architectural Review Board (ARB). The responsibility of the ARB is to ensure that the harmonious, high-quality image of MacKinley s Mill is implemented and maintained. All projects must be started and completed within a 6 month time limit for the approved project; otherwise resubmission is required. If the project will take longer than 6 months to complete it should be noted in the submission. The MacKinley s Mill Association assumes no responsibility for the following: I. Soil conditions, drainage or other general site work. II. Compliance with governmental laws codes or ordinances. III. Performance of quality work by any contractor or sub-contractor. IV. Structural adequacy or safety of the proposed improvement or structure. 1

2 V. Any injury damages, or loss arising out of the manner or quality of approved construction on or modifications to any home site. VI. Any other circumstance not specifically stated in the Association s governing documents C. PROCESS FOR BOARD APPLICATION FOR ARCHITECTURL MODIFICATION I. Responsibility of the Property Owner a. No alteration of any existing structure or landscape on any lot may be undertaken until the ARB approves the proposed work. (This does not include normal maintenance such as replacing gutters, replacing dead landscape plants, etc.). The property owner assumes all costs, responsibility and risk for entering into a contract or beginning work without the required approval of the ARB. Homeowners shall keep the landscape trimmed and well maintained and should replace any dead grass or landscape per the ARB guidelines and covenants of the community. b. Seminole County and the city of Oviedo require building permits for the installation of fences and additions prior to construction; the applicant shall be required to obtain all necessary permits after the ARB has approved the request. c. The MacKinley s Mill BOD retains the right to reject any application if the homeowner s dues are not paid in full and/or the homeowner is not in good standing with their requirements to the homeowners association. In the event the application is denied for this reason, the homeowners shall not proceed with the project until approval from the ARB has been granted. Should the homeowner ignore the denial and proceed with the project, the ARB does not bear any responsibility for costs that may be incurred by the homeowner to reverse nonapproved work. II. Submittal a. The applicant shall obtain an Architectural or Landscape Improvement/ Modification Application from the MacKinley s Mill website ( b. The homeowner shall complete and return the application with supporting documents to the ARB committee prior to beginning any modification to the property. III. Required Documentation The applicant shall provide the ARB with the following information, in addition to the Architectural Improvement/Modification Application, to allow the ARB to make a decision: 2

3 a. Description of Alteration: Describe and/or sketch in detail the proposed alteration. Include brochures, contractor diagrams, etc. b. Plans and specifications: Submit plans and specifications drawn to scale, which show the nature, kind, shape, height, materials and color scheme of the proposed landscape plan or proposed addition or modification to the home. c. Location: Show exact location on plat of survey of all existing and proposed landscape plans, fence installation, additions or modifications to the home. This includes the setback from all adjacent property lines. When requested, homeowner may be asked to physically place grade stakes identifying proposed alteration. d. Additional Information: The ARB reserves the right to request additional information to consider any application. IV. Review Process a. Response time. The ARB shall, within thirty (30) days of a completed application and all required information, respond in writing to the applicant. Once the ARB makes a decision, notice shall be communicated to the homeowner by the ARB committee within three (3) business days via personal delivery, postal delivery to the address on the application, fax, or . A copy of the application and any additional information, which the ARB may require, shall accompany the notice. b. The ARB response may a) approve the application, with or without conditions; b) approve a portion of the application and disapprove other portions; or c) disapprove the application. c. In reviewing each submission, the ARB may consider any factors it deems relevant, including, without limitation, harmony of external design with surrounding structures and environment. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of particular improvements. d. In the event that the ARB fails to respond in a timely manner, the Owner seeking approval shall request a response from the ARB by certified mail, return receipt requested. If the ARB fails to respond within thirty (30) days after receipt of such request, approval shall be deemed to have been given. However, no approval, whether expressly granted or deemed granted pursuant to the foregoing shall be inconsistent with the architectural rules and regulations and covenants. e. If action is not taken on approved applications within six (6) months after the date of approval, such approval shall be deemed withdrawn and it shall be necessary for the Owner to reapply before commencing the proposed work. 3

4 f. Application Not Approved. If the application is not approved, the ARB may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for curing any non approval of the application. g. Proceeding Without Prior Approval. If the requested change or addition precedes submission of the application and supporting documents, the ARB is not held to the thirty (30) day response time. Further, if the requested change or addition precedes approval or approval is not granted and the requested change or addition proceeds regardless, the homeowner may be required to remove the unapproved change or addition at the homeowner s expense within a reasonable amount of time as determined by the ARB pursuant to proper notice from the ARB or current management company. V. Appeal of the ARB Decision a. Appeal Process. The homeowner may appeal the decision of the ARB. The appeal shall be in writing and shall state the reason(s) for appeal. b. The appeal shall be submitted in writing to the BOD within forty-five (45) days of notification to the homeowner of the ARB s decision. c. The appeal shall be considered at a regularly scheduled or specifically called ARB meeting. The ARB shall notify the homeowner in writing seventy-two (72) hours in advance of the date when the ARB will consider the appeal. Notification to the homeowner shall be by personal delivery, postal service, fax or . The homeowner is urged to attend the meeting to help in answering and questions or concerns that the ARB committee may have. ARB. d. The meeting shall occur within forty-five (45) days of the receipt of the appeal by the e. The decision of the ARB shall be in writing and shall be final and binding. The BOD shall have ten (10) days in which to notify the homeowner in writing. VI. Modification or Changes to Property Following Application Approval a. The requested modification or change shall not begin until the homeowner has received written approval from the ARB committee. b. All approved alterations must be completed within six (6) months from the date the application was approved by the ARB, unless unforeseen circumstances prevent the completion of the project to occur within the allotted time period. c. Materials may be stored externally for a period not to exceed ninety (90) days. 4

5 d. Debris shall be placed in sturdy and durable containers. All excess debris must be stored in an orderly fashion and all scraps picked up daily at the end of each workday and placed in containers. No debris may be left outside the building unless it is placed in a container. e. Materials and/or debris may not be placed on any other lot or common area without express written permission of the owner of record for that property. VII. Paint Home Exterior a. Approval is required prior to painting any portion of the exterior of your home. Paint samples or paint chips must be submitted with the ARB application. b. Paint colors shall be harmonious and shall be compatible with the roof color. c. Applicant may be required to paint one or more sample 4 ft. x 4 ft. paint swatches on the house for inspection prior to approval. d. The paint colors must coincide with paint colors in the neighborhood. Neutral colors and natural colors, specifically certain shades of blue, gray, brown, yellow and green, will be considered. Each request will be reviewed on a case by case basis. VII. Improvements ARB approval is required for extensive landscape improvements. MacKinleys Mill encourages the use of Florida-friendly landscaping. Currently Florida Statute explains any restriction limitations. A. Extensive Landscaping 1) Extensive landscaping, whether done professionally or by the homeowner, requires ARB approval. Extensive landscaping shall include the removal of 25% or more of the existing landscaping in the front yard. If removing trees and shrubs please refer to MacKinely s Mill covenants and ARB guidelines to ensure replacements are in compliance with MacKinely s Mill requirements. 2) Plant beds must be added in front of the home and integrated with the overall landscaping of the front of the house. If using annuals they may not be more than 15% of the overall landscaping. The minimum planting size shall be three (3) gallons, spaced (maximum) three (3) feet apart. The shrubs and trees must be installed into the ground. B. General Landscaping 1) Our community consists of mature landscape and replacement of landscape should mirror homes in the community. If you are considering removal or replacement of your landscaping, the size of the plants which are removed should be replaced with like size plants. 5

6 However, this will be reviewed on a case by case basis. It is the HOA s responsibility to ensure that the style of the community is consistent. 2) It is recommended that trees, shrubs, hedges and groundcover be grouped to define and accentuate outdoor spaces and entries and enhance the house design and detailing. The massing of plants of one species is recommended, particularly next to fences and walls. Hedges are a prominent example of massing. 3) All landscaped areas (to the paved public right of way) shall be maintained in the live, healthy and growing condition, properly watered and trimmed. Any planting of grass, shrubs or trees, which become dead or badly damaged, shall be replaced with similar, sound, healthy plant materials. 4) Dead trees in front yards must be replaced with like trees. Diseased trees or trees which threaten any portion of your home may be removed with approval of the ARB. The diseased or obstructive tree may be required to be replanted in another area of the yard. Each resident must maintain trees in accordance with the Land and Development Code of the City. The following are considered acceptable tree sizes: a) Trunk Caliper: A new canopy large tree must have a minimum trunk caliper measurement of two and one half (2 ½) inches measured at six (6) inches above grade at the time of tree installation. b) Medium and Small Trees All medium and small trees shall have a minimum trunk caliper measurement of two and one half (2 ½) inches measured at six (6) inches above grade at the time of tree installation, except for multi-stemmed species which shall have a minimum container size of forty-five (45) gallons. 5) Landscaping damaged by severe weather will be allowed 60 days past the last environmental damage of the season to return to normal. 6) No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon the Properties and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. In the event an Owner shall fail or refuse to keep his Residential Property free of weeds, underbrush, sight obstruction, refuse piles or other unsightly growths or objects. 6

7 The following are homes in our subdivision that can be used as examples of acceptable landscape which is consistent with our community: 7

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