Evergreen Meadows Homeowners Association (EMHA) Architectural 2017 Guidelines

Contents PURPOSE OF GUIDELINES ............................................................................................................................. 1 BASIS FOR THE OBJECTIVES OF PROTECTIVE COVENANTS ........................................................................... 2 MISSION AND VALUES .................................................................................................................................. 2 LIMITATION OF LIABILITY .............................................................................................................................. 2 ROLE OF THE ARCHITECTURAL COMMITTEE ................................................................................................ 3 ALTERATIONS REQUIRING REVIEW AND APPROVAL .................................................................................... 3 APPLICATION AND REVIEW PROCEDURES .................................................................................................... 3 ENFORCEMENT ............................................................................................................................................. 4 DESIGN GUIDELINES ...................................................................................................................................... 4 a)

Antennas and Satellite Dishes:.......................................................................................................... 5

b)

Decks: ................................................................................................................................................ 5

c)

Driveways: ......................................................................................................................................... 5

d)

Energy Efficient Measures ................................................................................................................ 5

e)

Exterior Colors................................................................................................................................... 5

f)

Fences: .............................................................................................................................................. 5

g)

Flags and Flagpoles: .......................................................................................................................... 5

h)

Holiday Decorations: ......................................................................................................................... 5

i)

Landscaping:...................................................................................................................................... 5

j)

Recreation and Play Equipment: ....................................................................................................... 5

k)

Trash Containers: .............................................................................................................................. 5

PURPOSE OF GUIDELINES The purpose of these guidelines 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 the Evergreen Meadows Homeowners Association (HOA). 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 (HOA) Association. Homeowners are reminded that approval by the Architectural Review Committee 1

Evergreen Meadows Homeowners Association (EMHA) Architectural 2017 Guidelines for a proposed change does not remove the need for the appropriate building permits or other documentation. These guidelines will serve as a valuable reference source and will assist homeowners in preparing acceptable applications for review by the Association's Architectural Review Committee (ARB). All homeowners are encouraged to familiarize themselves with its contents and to retain the handbook for future use.

BASIS FOR THE OBJECTIVES OF PROTECTIVE COVENANTS This 2017 Revision of the Architectural Review Guidelines aims to remove any guidelines that were equal to or less then Jefferson County’s current planning and zoning regulations. This revision supersedes and replaces all previous revisions, guidelines or addendums to the guidelines. As of the First of January 2018, all preexisting exceptions to these guidelines will be grandfathered in and not subject to enforcement. The burden of proof as to when a preexisting change was made is on the party filing the complaint.

MISSION AND VALUES The legal documents for the Homeowners Association include the Declaration of Covenants, Bylaws and Rules and Regulations. 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 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:     

Protect Property values Model the views of current property owners. Provide clear, regular and transparent communication to all homeowners (resident, nonresident, banks and investors) and to tenants. Promote harmonious architectural and environmental design qualities and features. Promote and enhance the visual and aesthetic appearance of the community.

LIMITATION OF LIABILITY These guidelines established pursuant to this Article are intended to provide a mechanism for maintaining and enhancing the overall aesthetics of the Properties only, and shall not create any duty to any Person. Review and approval of any application pursuant to this Article is made on the basis of aesthetic considerations only and neither the Contractors, the Association, nor the ARB shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, the adequacy of soils or drainage, nor for ensuring compliance 2

Evergreen Meadows Homeowners Association (EMHA) Architectural 2017 Guidelines with building codes and other governmental requirements. Neither the Contractors, the Association, the ARB, or any committee, or member of any of the foregoing shall be held liable for any injury, damages, or loss arising out of the manner or quality of approved construction on or modifications to any Unit. In all matters, the committees and their members shall be defended and indemnified by the Association.

ROLE OF THE ARCHITECTURAL COMMITTEE Any changes, permanent or temporary, to the exterior appearance of a building or lot are subject to review and approval by the ARB. 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. There are many exceptions to this otherwise inclusive review requirement. 1. Building exteriors may be repainted or re-stained if there is no color change from the original. Similarly, exterior-building components may be repaired or replaced so long as there is no change in the type of material and color. 2. Minor landscape improvements do not require Architectural Review Committee approval. 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.

ALTERATIONS REQUIRING REVIEW AND APPROVAL If there is any doubt as to whether a proposed exterior change is exempt from design review, and approval, homeowners should first seek clarification from the Architectural Review Committee before proceeding with the improvement.

APPLICATION AND REVIEW PROCEDURES Application and review procedures that will be used by the Architectural Review Committee are detailed below. 1. Applications. All applications for proposed improvements must be submitted online or in writing. Applications must be complete to commence the review process. Incomplete applications will be returned to the applicant with a statement of deficiencies that must be remedied to be considered for review. 2. Supporting Documentation. The application must include a complete and accurate description of the proposed improvement(s). To permit evaluation by the Architectural Review Committee, 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

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Evergreen Meadows Homeowners Association (EMHA) Architectural 2017 Guidelines and application forms provide guidance with respect to the supporting documentation required for several types of improvements. 3. Time Frame for Completion of the Review. The Architectural Review Committee is required to approve or deny any proposed improvement within thirty (30) days after the receipt of a properly completed application. However, the thirty (30) 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. 4. Notice of Approval/Disapproval. Homeowners who have submitted design review applications will be given written notice of the decision of the Architectural Review Committee. 5. If a request is denied Homeowners can request or dispute the ARB’s decision with the Board o0f Directors at any meeting.

ENFORCEMENT Per the convents, “no building, fence, wall, structure or improvement shall be commenced, erected, altered, moved, or maintained upon any site, nor shall any exterior addition to, or change or alteration thereof be made until the nature, kind, shape, height, materials, and location of same shall have been approved in writing as to harmony of topography by the Evergreen Meadows Homeowners Association Architectural Review Committee (hereinafter referred to as “Architectural Review Board”).” Enforcement of this covenant is on a complaint only basis. All complaints must be submitted in writing or online with correct address and pictures of the offence. Complaints must be complete to commence the investigation process. Incomplete complaints will be returned to the applicant with a statement of deficiencies that must be remedied to be considered for investigation. After review if the property is found to be in violation of the covenant it will be handed over to the covenant enforcement comity.

DESIGN GUIDELINES All permitted uses and physical improvements shall be in conformance with Jefferson County, unless modified by any Agreement, with Jefferson County, subject to the use limitations herein. Evergreen Meadows Homeowners Assertions believes property owners should be able to build and improve their property as long as it does not interfere with or decrease the value of their neighbors. There are many types of single family homes with many designs as the large lots allow for this and still maintain an astatically pleasing neighborhood.

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Evergreen Meadows Homeowners Association (EMHA) Architectural 2017 Guidelines a) Antennas and Satellite Dishes: Due to the modest size of today’s antennas and satellite dishes there are no restrictions. Please be mindful of your neighbors’ views when placing these. b) Decks: Should have conformity with the house and be natural wood or colors that complement the home. c) Driveways: Should be constructed of brick, exposed aggregate, concrete, asphalt, stone or loose gravel. Reasonable exceptions can and will be made upon request. d) Energy Efficient Measures: In Colorado HOAs cannot “effectively prohibit the installation or use“of any devices or structures that are designed to reduce the energy derived by fossil fuels. These include but are not limited to; awnings, shutters, trellis, ramada, or other shade structures, garage or attic fans and any associated vents, evaporative coolers, energy efficient outdoor lighting, photovoltaic panels, motion detectors, or other equipment connected to the lighting device, clotheslines, and additional power generation and storage. e) Exterior Colors: Earth tones and colors found in the local environment are encouraged but any color that is reasonable and fits with the surroundings will be approved as long as it doesn’t pose a threat to neighbor’s property values. f) Fences: A fence permit is required for any fence over 42” in height (3 1/2 feet). No fence over 42” in height can be located within the required front setback of the applicable zone district. No fence over 42” can be located in the County’s adopted Vision Clearance Triangle. Different specifications may exist within a Planned Development (P.D.) zone district. If no access will occur along a portion of property adjacent to a street or road, the fence may go to the property line. Fences located on top of retaining walls must include the total height of both the wall and fence and cannot exceed the maximum height allowed in the applicable zone district. a. Fences should be complementary in design to the home and property. Split rail fencing is preferred but all other options will be considered based on need. Fences should avoid obstruction of the view of your neighbors of natural surroundings when possible. b. Privacy fencing should observe the 50ft property setback limits when possible. c. Size and location of fencing is taken on a case by case basis. g) Flags and Flagpoles: should not exceed 15” unless exception is approved. All flags are permitted as long as they are consistent with the federal flag code. The location and size of the flag should not interfere with neighbors properties. h) Holiday Decorations: Holiday and festival decorations do not require approval; however, the placement of conspicuous decorative objectives shall coincide with the holiday and be removed in a timely manner thereafter i) Landscaping: All major landscaping should be in accordance with Jefferson County j)

Recreation and Play Equipment: Does not need to be approved but location effecting

neighbors should be taken into consideration. k) Trash Containers: should be beside or behind the home when possible and screen from view when possible. Take care to secure trash containers from the wind and animals.

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