Architectural Guidelines and Review Procedures

Adopted: May 2007

WHEREAS, Article IX, of the Whittier Association Declaration of Covenants, Conditions and Restrictions (Covenants) for the Whittier Community Association, Inc. (Association) establishes that the Architectural Control Committee (ACC) review and approve, in writing, requests for alterations to all changes and alterations of exterior additions upon the Property and all Lots; and

WHEREAS, the Board of Directors wishes to update and revise the procedures for obtaining ACC approval and establish guidelines as to what the ACC may find acceptable or unacceptable; and

WHEREAS, the Board of Directors has determined that a revision is also necessary so that existing Enforcement Procedures may be updated and incorporated into this document; and

WHEREAS, the Board of Directors has determined that this revision is to replace and supersede all prior guidelines including, but not limited to, Whittier Community Architectural Guidelines and Review Procedures, adopted October 2000 and Whittier Community Association Administrative Resolution No. 1 Enforcement Procedures, adopted March 27, 2000; and

WHEREAS, these Guidelines and Procedures are subject to the Declaration and Bylaws of Whittier and all applicable laws;

NOW THEREFORE, BE IT RESOLVED THAT the following guidelines and procedures are hereby adopted:

1. Scope of the ACC and Application Procedures.
   
   1. Scope of the ACC.

      The purpose of the ACC is to develop and maintain policies which regulate the external design, appearance, use and location of Association grounds and improvements thereon in such a manner so as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. The ACC is responsible for reviewing and approving requests for alterations to all changes and alterations of exterior additions upon the property and all lots. The ACC relies on the appropriate authorities to regulate the soundness of the construction and takes no responsibility in this regard. Further, all issues pertaining to the enforcement of ACC guidelines and/or maintenance of property are the responsibility of the Association, its Board of Directors and the Association’s Management Agent, not the responsibility of the ACC.

   2. Application Process.
      1. In accordance with Article IX of the Covenants, "No building, fence, wall or other structure shall be constructed, erected, or maintained upon the Property, nor shall any exterior addition to or change to or alteration therein be made (including change in color) until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to the harmony of external design and location in relation to surrounding structures and topography and conformity with the design concept for the property as approved by the Board of Directors of the Association, or by a covenant committee composed of an uneven number of three or more representatives appointed by the Board of Directors of the Association or a corporate entity represented by three corporate employees (ACC)...”
      2. All Members shall submit an “Application for Architectural Change” (Application) for any exterior addition, change, or alteration to any Lot or structure. Such application shall include the following:
         
         1. Details of the complete plans and specifications of the project, including the height, width, length, size, shape, color (sample if possible), materials, and location of the proposed improvement. An elevation view of the proposed change should also be included. Photographs of similar completed projects for comparative purposes would be helpful, but are not required.
         2. A house location survey or plot plan of the property is also required. This survey shall show the exact dimensions of the property. This survey should have been provided by the seller at the time you purchased your home or contact the Title Company who handled the transfer.
         3. With respect to Applications submitted for the approval of a deck, fence, or other structure, the survey which is submitted must show:
            
            1. The proposed item, e.g. deck, drawn to scale, and
            2. The distance, in feet and inches, of the proposed item, e.g. deck, from the side and rear property lines.
         4. Applications can be obtained from the management agent or downloaded from www.gowhittier.org/acc (this web site address is subject to change) and must be submitted no later than the end of the current month in order to ensure the request is reviewed at the next regularly scheduled monthly ACC meeting.
            
            1. The blank application may be photocopied without alteration to its contents. No modified versions will be accepted by the ACC.
            2. Instructions for completion are on the application with information about when and where meetings are to take place.
         5. Generally, the ACC meetings will be held the first Monday of each month.
         6. Any applications not received by the end of the month prior to the ACC meeting will not be reviewed until the following regularly scheduled ACC meeting (resubmission is not necessary). Walk-in applications are acceptable if paperwork is also sent to the Association’s Management Agent for archive purposes.
         7. All applications must be in writing.
         8. Per Article IX, Section 2. c., “The Architectural Control Committee shall approve or disapprove the proposed use of the Lot and/or the plans, within sixty (60) days from receipt thereof. The aforesaid sixty (60) day period for the Architectural Control Committee’s review of the proposed use and plans shall not commence to run until two (2) complete sets of the final drawings, plans and specifications have been received by the Architectural Control Committee in complete and final form. Additionally, in the event that the Architectural Control Committee has not confirmed, in writing, the receipt of such final drawings, plans and specifications within thirty (30) days of the delivery of the two (2) complete sets as set forth above, then the Owner submitting such drawings, plans and specifications must resubmit two (2) complete sets of the final drawings, plans and specifications within five (5) days following the lapse of such thirty (30) day period. If the Architectural Control Committee fails either to approve or disapprove said plans and specifications within the period provided above (provided the Owner submitting such plans and specifications has complied with all of the requirements set forth herein), it shall be conclusively presumed that the Architectural Control Committee has approved said plans and specifications. The Architectural Control Committee shall have the right, but not the obligation, to conditionally approve the proposed plans by specifying the changes to the plans that would make the plans acceptable.”
         9. Completion of Work. Per Article IX, Section 3., “Construction or alterations in accordance with plans and specifications approved by the Architectural Control Committee pursuant to the provisions of this Article shall be completed within one (1) year following the date upon which the same are approved by the Architectural Control Committee (whether by affirmative action or by forbearance of action as in Section 2 of the Article provided). Once work has commenced, it shall be diligently pursued. In the event construction is not completed within the period aforesaid, then approval of the plans and specifications by the Architectural Control Committee shall be exclusively deemed to have lapsed and compliance with the provisions of the Article shall again be required. Approval of any particular plans and specifications or designs shall not be construed as a waiver of the right of the Architectural Control Committee to disapprove such plans and specifications or any elements thereof, in the event such plans and specifications are subsequently submitted for use in any other instance.”
      3. If a proposal is rejected, the reason(s) for the disapproval shall be stated as part of the written decision. The applicant may request reconsideration if new or additional information which might clarify the request or demonstrate its acceptability can be provided. The Applicant may pursue an appeal to the Board of Directors in accordance with Article IX, Section 4 of the Covenants and By-Laws of the Association.
      4. Minor changes to a proposal deemed necessary by the ACC at the time of approval, to bring the proposal into technical compliance with these rules, will be specified by the ACC at the time of approval and considered part of the approved plan. If the applicant disagrees with any change in the application specified by the Committee, the application shall be considered disapproved and will have to be resubmitted for reconsideration at a subsequent meeting of the ACC.
      5. ANY change or alteration to an existing approved project must be submitted for review and approval by the ACC. In cases where a project must conform to specifications outlined by the ACC, the member must make every effort to comply with the given specifications and, if an alteration is requested, the member shall state the justification as to why the given specifications could not be met.
2. Architectural Guidelines.
   
   1. Building Alterations and Additions.
      1. General.
         
         1. Any exterior alteration must have the review and approval of the ACC before work commences.
         2. Any exterior addition or alteration to an existing building shall be compatible with the design character of the original building and community.
         3. Identical repairs/upgrades, which maintain the ORIGINAL appearance of the structure, do not require ACC review or approval.
         4. Exterior color or tint changes shall be in harmony with the other homes in the community. Any change in color requires ACC review and approval. Original and new color samples must accompany a request for approval of a color change.
         5. Existing alterations, structures, objects etc. which do not conform to these guidelines, but were properly approved by the ACC under old Architectural rules, do not have to be removed or altered and are not considered to be in violation of these current rules.
         6. Existing alterations, structures, objects etc., which are in violation of these rules, and have not been previously approved by the ACC under old rules, are considered to be in violation of these rules and are subject to the provisions of Section VII of the Covenants
         7. The member is ultimately responsible for maintaining a permanent file copy of a project approval. Should the member be requested to provide such approval for an existing project and cannot, the project will be considered unapproved and subject to the current guidelines and rules of the Association.
      2. Issues Unique to Single Family Homes.
         
         1. Fencing. Fencing materials will be typical wood (e.g. treated lumber) or synthetic composite materials (e.g. composite wood grains or white vinyl). No chain-link, brick, stone, wrought iron, aluminum, barbed wire, or above-ground electric fencing will be allowed. The maximum height cannot exceed 4 feet. The fence must be no less than 25% open and cannot be painted, but may be:
            
            1. Stained using a clear to semi-transparent walnut, redwood, oak stain, or white solid color stain.
            2. Clear-coated.
            3. Left to weather naturally.

         The fence cannot extend toward the street past the midway point of the side of the house. Fence posts are to be on the inside of the fence. If a picket fence is installed, all fences facing the street must have the pickets on the street side of the fence.

         2. Sheds.
            
         1. The maximum size for sheds will be 160 square feet.
         2. The shed must be wood or siding with the same shingles to match the house and be painted the same color and trim as the house.
         3. The maximum height of the structure will be 10 feet, measured from the ground.
         4. The shed will be located along the rear lot line and in the case of a corner lot it will be located in the rear corner away from the street side. In instances where the corner of the lot is located on a slope, the shed will be placed as far away from the house as possible on the flat portion of the property.
         3. Decks. Decks, either open air or screened in, must be built of typical wood or synthetic/composite materials (e.g., treated lumber). They cannot be painted, but may be:
            
            1. Stained using a clear to semi-transparent walnut, redwood, or oak stain.
            2. Stained with a solid color stain that matches the color of the siding of the house.
            3. Clear-coated.
            4. Left to weather naturally.
            5. Replacement of an existing deck requires ACC approval.
         4. Patios and Walkways.
            
            1. Location is limited to rear and side yards.
            2. May only be constructed of flagstone, concrete, brick or other commonly available materials. Wood walkways are not permitted.
      3. Issues Unique to Townhomes.
         
         1. Fencing. All fencing must be board on board design and seven (7) feet high which includes the one (1) foot lattice. No other fence style may be erected on the property. The wood will be a typical wood (e.g., treated lumber) and cannot be painted, but may be:
            
            1. Stained using a transparent or semi-transparent grade of walnut, redwood, oak, or solid color white stain.
            2. Left to weather naturally.
            3. Clear-coated.
         2. Sheds. There are two choices for sheds: a board on board design or a non-metal commercially available shed. Any ACC approved shed erected or installed shall:
            
            1. Not exceed 80 square feet.
            2. Have a maximum total exterior height of 8 feet as measured from the ground.
            3. All sheds must have a “gabled roof” design.
            4. In the case of a commercially designed shed, match the existing shingle, color and trim scheme of the townhome where the shed is placed.
            5. In the case of a board on board style shed, the finish shall remain in harmony with the applicant’s fence at all times. The shingle must also match that of the townhome where the shed is placed. If no fence is present, the shed will conform to the same finish guidelines required for a commercially installed shed.
            6. Any shed will be placed in a rear corner of the yard. The gabled end of the shed shall face the rear of the townhouse on which the shed is placed.
         3. Decks (open air only). The decks must be built of typical wood or synthetic composite materials (e.g. treated lumber). They cannot be painted, but they can be:
            
            1. Stained using a transparent or semi-transparent grade of walnut, redwood, oak, or solid color white stain.
            2. Stained with a solid color stain that matches the color of the siding of the house.
            3. Left to weather naturally.
            4. Clear-coated.
            5. Replacement of an existing deck requires ACC approval.
         4. Deck Roofing. The specifications for deck roof coverings are as follows:
            
            1. There will be no solid permanent cover (i.e. canvas, awning, fiberglass panels, shingled roof, etc).
            2. Any cover is to consist of vertical slats, latticework, or other suitable pattern of wood framework to provide shading without providing a solid visual barrier above the deck. Retractable awnings are allowed.
            3. In no case will the roof covering exceed more than 50% of the deck size.
            4. Structure of covering should be compatible with the deck design and will be approved on an individual basis.
            5. Side enclosures are to consist of vertical slats, latticework, or other suitable framework to provide shading without providing a solid visual barrier.
         5. Garages. Garages must conform in size, shape, color, and design with the existing style of townhome garages in the community.
         6. Patios and Walkways.
            
            1. Location is limited to rear and side yards.
            2. May only be constructed of flagstone, concrete, brick or other commonly available materials. Wood walkways are not permitted.
   2. Landscaping and Planting.
      1. The ACC encourages planting of flowers, trees, and shrubbery provided they are properly maintained by the Member. Such landscaping does not require ACC approval except as outlined in the Covenants. A member must request permission from the ACC prior to removing any trees in excess of four (4) inched in diameter. (Article X, Section 8)
      2. Vegetable gardens may not be planted in the front of a dwelling per Article X, Section 9 of the Covenants.
   3. Ponds & Waterfalls
      1. Only in-ground ponds will be considered.
      2. Detailed plans for the location and construction of a pond must be submitted for ACC approval, including plans for required fence, if applicable.
   4. Satellite Dishes and Other Antennas for Single Family Units and Townhomes. The installation of satellite dishes and other antennas falls under the purview of the Federal Communications Commission and therefore does not require ACC approval.
      1. Satellite dishes and antennas should be placed to allow for best reception while maintaining the aesthetic appearance of the neighborhood.
      2. Exterior wiring must be hidden from view to the greatest possible degree. Wiring must be attached to the house at appropriate intervals. Ground level wiring must be buried.
      3. More specific information can be found at www.fcc.gov
   5. Swimming Pools.
      1. Only in-ground pools will be considered.
      2. Detailed plans for the location and construction of a pool must be submitted for ACC approval, including plans for required fence.
   6. Siding and Windows.
      1. The ACC will consider applications for replacement siding provided that the existing style, design and color are maintained.
      2. New windows, which do not exactly match and maintain the original external appearance of the dwelling must be submitted for approval.
   7. Storm Doors. The following are the requirements regarding installation of storm doors within the Whittier Community:
      1. The Door Must:
         
         1. Be full-view glass (interchangeable screen or bi-level glass is optional).
         2. Match your exterior trim color or exterior door color.
      2. The Door May Not:
         
         1. Contain a kick plate greater than 6” in height or any ornamental decorations.

         A preprinted storm door request is available. If you do not have a copy of this form, contact the management company or download an application from www.gowhittier.org/storm-door (this web site address is subject to change).

   8. Playground Equipment. Playground equipment may be installed in the backyard only.
   9. Flagpoles. Permanent flagpoles should be of a height not to exceed twenty feet from ground level or not to extend above the roof line (whichever is lower), with color and location appropriate for the size of the property. Permanent free standing flagpoles require the prior written approval of the ACC. Members wishing temporary flagpole staffs which do not exceed six feet (6’) in length and which are attached at an incline on the front wall or pillar of the home do not need ACC approval.
   10. Driveway alterations require ACC approval.
   11. Gutters and Downspouts.
       1. Gutters and downspouts must be consistent with the overall color scheme of the home.
       2. Repaired or replaced gutters and downspouts must be the same as the existing gutters and downspouts. Any additional installations of gutters or downspouts or changes in color require ACC approval.
   12. Compost Piles.
       1. Compost piles must be located in the rear of the home at least 5 ft from the property line and must be properly maintained.
3. Local Building, Work Permits and Architectural Soundness.
   
   1. Approval of any project by the ACC does not waive the necessity of obtaining the required local permits.
   2. Obtaining all applicable City or State permits(s) does not waive the need for ACC approval.
   3. The purpose of the ACC is to develop and maintain policies which regulate the external design, appearance, location, and maintenance of properties and in such a manner so as to preserve and enhance values and to maintain a harmonious relationship among structures and the natural vegetation and topography. The ACC relies on the appropriate City authorities to regulate the soundness of construction and takes no responsibility in this regard.
4. Appeals to the Board of Directors.
   
   1. Any applicant aggrieved by a decision of the ACC concerning the approval or denial of an Application shall have the right to appeal that decision to the Board of Directors. The Board of Directors may reverse or modify the decision of the ACC by a vote of two-thirds (2/3) of the Board of Directors.
   2. No work covered by an application shall be performed until any and all appeals have been heard by the Board and a decision rendered.
   3. In case of an appeal to the Board of Directors, any person having previously lodged a formal objection to the original application will be notified of the appeal by the Board in writing ten days prior to the Board hearing the appeal.
   4. Hearings before the Board of Directors - At a hearing before the Board of Directors, the following procedures will be followed:
      1. Proof of the notice of hearing and the invitation to be heard will be placed in the minutes of the hearing. This requirement is waived if the Member appears at the hearing.
      2. The ACC will present the information concerning the appealed application. The ACC will be afforded a presentation time not to exceed 10 minutes.
      3. The Member, if present, may present information concerning the appealed application. The Member will be afforded a presentation time not to exceed 20 minutes.
      4. Any other parties who wish to speak at the hearing will be allowed a time period not to exceed 3 minutes each.
      5. Within 15 days after the date of the hearing, the Member will be advised, in writing, of the decision made by the Board of Directors.
      6. If the decision of the ACC is upheld, the Member will be notified in writing of the corrective actions required and the time by which the corrective actions must be completed. The Member will be afforded a minimum of 15 days to complete corrective actions. An appeal decision by the Board shall be deemed as the final judgment and all applicable parties shall conform to the Board’s decision and guidance.
5. Maintenance of Property.
   
   1. Each Member is responsible for the maintenance of all structures and landscaping located on his property to include such items as decks, fences, storage areas, gardens, shrubbery, and trees. The following are examples, but not an exhaustive list, of basic maintenance violations:
      1. Peeling paint on home, garage or other structure.
      2. Broken fences or missing sections.
      3. Decks in disrepair.
      4. Playground equipment in disrepair.
      5. Broken window(s), door(s), or screen(s).
      6. Rain spouts in disrepair or in need of painting.
      7. Shutters in disrepair, in need of painting, or missing.
      8. Missing, non-visible or illegible house numbers.
      9. Sidewalks, driveways or other pavement in disrepair.
      10. Piles of grass, leaves, shrubbery, clippings, and tree branches.
      11. Gardens or shrubbery that has been neglected or has died.
      12. Grass on a homeowner’s property which has been not been properly mowed and maintained.
      13. Improper storage of trash can and/or recycle bin.
      14. Holiday lighting/decorations must be removed within 30 days following the date of the recognized holiday.
      15. Outdoor cabling (satellite, antenna, etc.) that is not properly secured (or buried, if ground level). Violation will also occur if the homeowner has made no attempt to conceal wiring if easily identifiable methods of doing so are present.
6. Inspection.
   
   1. The Association or its agent will conduct a survey of the community at least once a year for compliance with maintenance standards as stated in the Association Covenants and Restrictions and these Rules.
   2. Inspections will also occur routinely throughout the year by the Association or its agent for verification of an alleged violation submitted by a Member.
   3. Upon completion of an approved Architectural change, the Association or its agent may inspect the property for verification of adherence to the original application, and if inspected, shall notify the by the Committee.
7. Violation and Enforcement Procedures.
   
   1. Types of Violations.
      1. Any change or alteration to the exterior of a unit or Lot without submitting an application to the Architectural Control Committee (ACC);
      2. Any change or alteration to the exterior of a unit or Lot that is disapproved by the ACC or expressly prohibited by the Declaration of Covenants, Conditions & Restrictions (Declaration), By-Laws, or other Rules and Guidelines or Procedures;
      3. Any change or alteration that does not comply with any approved rule or guideline adopted by the Association.
      4. Failure to properly maintain a home or property in accordance with the Community Standard of good property care; or
      5. Any other violation of the Declaration or other document for the Association as determined in the sole discretion of the Board of Directors.
   2. Reports of Violations - All reports of alleged violations must be submitted in writing to the Association or its Management Agent by a Member or through an inspection report completed by the Association or its Management Agent.
   3. Notification of Violations.
      1. Upon verification of the violation, a letter will be sent to the Member advising the Member of the alleged violation. The alleged violator will be given ten (10) days to remedy the violation.
         
         1. At the sole discretion of the Association or its Management Agent, the initial due date for remedy of a violation may be extended beyond a ten (10) day timeframe, particularly in cases where the repair work is deemed to require extensive time for completion or if warmer temperatures are needed in order to complete the work.
      2. If the matter is not remedied as of the first remedy due date, a second violation letter will be sent to the Member advising the Member of the violation noted. The Member will then have ten (10) days from the date of the violation letter to correct the violation or a hearing will be scheduled before the Board of Directors.
      3. Notice of Hearing.
         
         1. A notice will be sent to the Member by Certified Mail, Return Receipt Requested, advising the Member of a hearing before the Board of Directors regarding the alleged violation. The notice will contain the following information:
            
            1. The nature of the alleged violation;
            2. The time and place of the hearing which may not be less than ten (10) days from the date of the notice;
            3. An invitation to attend the hearing and produce any statement, evidence, and witness on the Member’s behalf; and
            4. The proposed sanction(s) to be imposed.

            The Member is requested to appear at this hearing and/or submit a statement to the Board of Directors. If the Member does not attend the hearing, a decision will be made without the Member’s input.

   4. Hearings before the Board of Directors (NOTE: Consistent with section 11B-111 of the Maryland Homeowners Association Act, the Board reserves the right to go into executive session).  At a hearing before the Board of Directors, the following procedures will be followed:
      1. Proof of the notice of hearing and the invitation to be heard will be placed in the minutes of the hearing.
      2. The Association through the ACC and/or the Management Agent will present the information concerning the alleged violation. The Association will be afforded a presentation time not to exceed 10 minutes.
      3. The Member, if present, may ask any questions to any witnesses present regarding the alleged violation. The Member will be afforded a presentation time not to exceed 20 minutes.
      4. Subject to right to go into executive session, any other parties who wish to speak at the hearing will be allowed a time period not to exceed 3 minutes each.
      5. Within 30 days after the date of the hearing, the Member will be advised, in writing, of the decision made by the Board of Directors. The Member will be afforded a minimum of 15 days to complete corrective actions.
      6. The Board of Directors reserves the right to allow additional time in their sole discretion.
   5. Uncorrected Violations.
      1. If the Board determines that the Member is in violation and the violation is not corrected by the date specified by the Board of its decision, the Board has the ability to take further action including:
         
         1. Take appropriate measures to correct the violation at the expense of the owner including entering the Owners property as permitted under the Documents.
         2. Turn the matter over to legal counsel for appropriate action including but not limited to filing a law suit in Frederick County Circuit Court.
      2. Applicable charges, interest or other similar fees associated with said uncorrected violation including but not limited to attorney fees will be placed as a charge against the particular Lot involved and will be subject to collection as if it were part of the annual assessment per Article VI of the Declaration.
   6. Other.
      1. In cases of an emergency or issues impacting the potential health, safety or welfare of a Member or for such other compelling reason, the Association may, in its sole discretion proceed with the actions referenced under Section VII- E of these guidelines, as they deem proper, and in these cases the number of days is not mandated.
8. Liability and Indemnification
   
   1. All duly appointed officers and members of the Board of Directors and members of the ACC are protected from legal action against them, as accorded in the legal documents.
9. Amendment.
   
   1. These guidelines may be amended from time to time in accordance with the Declaration and ByLaws for the Association and/or applicable laws.