In the case of a neighbor’s -or HOA-owned- tree falling on your house or fence, the homeowner affected needs to contact and begin negotiations with their insurance provider to help cover the damages. The neighbor or HOA is not typically responsible for a fallen tree unless there was no action their part that can be shown to be negligence. This would include lack of maintenance or other proactive means to minimize or eliminate risk of a tree in poor health or otherwise compromised. Any “act of nature” is handled by the insurance companies and is regulated by state and federal law. This may seem counter intuitive since the homeowner was affected by an externality not in their control, but in the home insurance realm this is standard practice as it falls under the “act of nature” clauses.
Completed applications should be returned to the Architectural Control Committee either online to the HOA email account, or via snail-mail to the HOA mail address:
- Email to: [email protected]
- Mail: Regatta Estates Homeowners Association
11700 Mukilteo Speedway Suite 201
Mukilteo, WA 98275
REGATTA ESTATES ARCHITECTURAL CONTROLS
Guidelines, Criteria and Procedures
Accepted on 3/9/99
TABLE OF CONTENTS
1.1 Categories of Exterior Modifications 2
1.2 How to Use This Manual 2
2. Pre-Approved Construction Specifications
2.1 Fences 4
2.2.1 Fencing Specifications 4
2.2 Landscaping 5
2.3 Low Level Decks 6
2.4 Spas and Hot Tubs 6
3.0 Guidelines for Other Construction 7
3.1 Major Alterations (Additional Rooms, Garages, Carports, Greenhouses,
Chimneys, Metal Flues, and Attic Ventilators) 7
3.2 Clotheslines 7
3.3 Decks 7
3.4 Pet Houses/Runs/Enclosures 8
3.5 Driveways 8
3.6 Exterior Lighting 8
3.7 Painting 8
3.8 Patios 8
3.9 Recreation, Sports and Play Equipment 9
3.10 Retaining Walls 9
3.11 Signs 9
3.12 Storage Sheds 9
3.13 Sun Control Devices 9
3.14 Swimming Pools 10
3.15 Tree Removal 10
3.16 Walkways 10
3.17 Wire and Pipes 10
4.0 Prohibited Items/Construction
4.1 Antennae 11
4.2 Drainage 11
4.3 Temporary Structures 11
4.4 Trash, Building Materials 11
4.5 Freestanding Flagpoles 11
5.0 Application Procedure 12
6.0 ACC Committee Review Procedure 13
7.0 Complaint Procedure/Fine System 14
Appendix A – Sample ACC Application
Appendix B – Sample Stop Work Order
Appendix C – Sample Complaint Form
Appendix D – Regatta Estates Map
Why did you purchase your home in Regatta Estates? There are many answers to this question – as many as there are Regatta Estates homeowners. Almost all people will have one answer in common, however. They like the look and feel of Regatta Estates.
The Regatta Estates Association, of which every homeowner is a member, was established to preserve and enhance the resources of Regatta Estates. The Association is charged with preserving open space and ensuring the preservation of the residence and landscaping design qualities, uniformity and compatibility which make Regatta Estates a desirable community in which to live.
The Covenants, Conditions & Restrictions (CCR’s) are a part of every deed to property within Regatta Estates (each property owner receives a copy at closing) and grant the Association the legal authority, to review and approve or disapprove the details and written plans and specifications showing the nature, kind, shape, height, material, colors, and location of proposed Living Units, buildings, fences, walls, or other structures, exterior additions to or changes or alterations therein, clearing or excavation of Lots or cutting of trees within Regatta Estates. This authority is vested by the Association in the Architectural Controls Committee (ACC).
The specifications and guidelines contained in this handbook are broad based and address those exterior modifications which homeowners most commonly wish to perform.
This manual has been designed to aid you in determining what exterior modifications require ACC approval and how to apply.
1.1 Categories of Exterior Modifications
Proposed exterior modification will fall into one of three categories:
- Pre-approved (following specifications)
- Application Required
- Prohibited Items/Construction
A large number of common exterior modifications (such as fences, some landscaping, etc.) are pre-approved and do not require submittal of an application to the ACC as long as the construction follows explicitly the specifications provided in this manual. If the proposed construction does not follow the specifications, an application must be submitted and approval by the ACC is required prior to starting any work.
1.1.2 Application Required
All exterior modifications which are not explicitly listed as pre-approved or Prohibited require approval by the ACC prior to starting any work. The exterior modifications covered in this manual are not intended to be all encompassing.
1.1.3 Prohibited Items/Construction
Certain exterior modifications are expressly prohibited by the Association and may not be performed under any circumstances. A list may be found in Section 4.0 “Prohibited Items/Construction” in this manual.
1.2 How to Use This Manual
To use this manual effectively, first find in which category your proposed exterior modification falls by searching the table of contents for the type of modification, e.g. fences.
If your proposed modification is in the Pre-Approved category and you will follow the specifications explicitly, you may proceed without any further investigation.
If your proposed modification is listed in the Application Required category, or is not specifically covered in this manual, follow the procedures for application to the ACC in Section 5.0. If the proposed work is covered in this manual, show how your work will follow the guidelines provided.
If your proposed work is in the Pre-Approved category but you wish to deviate from the specifications, you must submit an application by following the procedures in Section 5.0.
WARNING: IT IS THE PROPERTY OWNER’S RESPONSIBILITY TO DETERMINE IF GOVERNMENT BODY APPROVAL (SNOHOMISH COUNTY, ETC.) APPROVAL IS REQUIRED. APPROVAL BY THE APPROPRIATE GOVERNMENT BODY DOES NOT RELIEVE THE PROPERTY OF THE RESPONSIBILITY TO OBTAIN ACC APPROVAL NOR DOES ACC APPROVAL RELIEVE THE PROPERTY OWNER RESPONSIBILITY TO OBTAIN GOVERNMENT BODY APPROVAL.
2.0 PRE-APPROVED CONSTRUCTION SPECIFICATIONS
Specifications provided in this section must be followed explicitly. If any deviation from these specifications is desired in your construction, you must submit an application to the ACC for approval. See Section 5.0 “Application Procedure.”
Much of the work homeowners wish to perform falls into the category of repair or replacement. If you intend to repair or replace items which were part of the original construction or were added after the original construction for which you obtained written ACC approval, AND you will repair or replace the items with IDENTICAL materials, you may do so without requesting ACC approval prior to performing the work. Examples of this may be repairing a cracked walkway with exposed aggregate, repainting your home in original colors, replacing a broken light fixture with an identical fixture, etc.
A privacy fence with drastically alter the appearance of your property and adjacent properties. For this reason, the ACC recommends that you discuss your fencing plans with your neighbors prior to construction.
If you plan to attach your fence to an existing fence on a neighboring property or if your fence will at any point be on your property line or cross the property line on an adjacent property, it is HIGHLY recommended that you obtain written approval from the affected neighbor(s) prior to starting your fence.
Fences along Picnic Point Road are constructed inside the homeowners’ property lines and are shared with the property of those homeowners and the homeowners association.
Fences which comply with the specifications contained in section 2.1.1, “Fencing Specifications,” do not require ACC approval with the following exceptions:
- If your property is adjacent to a street either on a side (corner lot) or in the rear, you must obtain prior ACC approval for your fence.
2.1.1 Fencing Specifications
In all cases, the side of the fence which is more finished than the opposite side must be constructed with the finished side facing out (toward neighboring properties) and the framing side facing your property. This is commonly called a “Good Neighbor Fence.”
Chain link and other wire fences are not allowed except for the purposes of pet enclosures. See section 3.4. Any front yard fences other than wood shall be approved by the ACC.
Continuous solid fencing panels shall not exceed eight (8) feet center to center of posts.
The fence style must match the fence along Picnic Point Road or an original fence within the Plat of Regatta Estates. The fence may be stained with natural wood tones or left natural.
Fence heights shall be limited to six (6) feet as measured at all points along the fence line from the ground level on all side yard and back yard fences. Front yard decorative fences shall not exceed four (4) feet in height.
Landscaping can be effectively used to accent driveways, define space, create “soft” privacy screens, and reduce the visual impacts of fences, sheds, etc. Since landscaping is a design element, consideration should be given to relationship to the applicant’s house and adjacent houses.
Planting and maintenance of trees and shrubs may not obstruct sight lines required along roadways. Plantings must not block sun or views from neighboring properties, reduce air circulation to neighboring properties, nor encroach upon walkways or block walkway lighting. Shade patterns of larger trees and possible physical damage to other properties by encroaching plantings must be considered.
Homeowners must select plants which, upon maturity, will be of an appropriate size in height and width in order to comply with the above regulations. See Section 4.3, “Drainage,” for additional information.
2.3 Low-Level Decks
All decks must be compatible with the house in materials and color. Decks which measure more than 18’ from the ground to the deck flooring at any point around the perimeter of the deck do not require approval. All other decks require submittal of an application and prior approval by the ACC. See section 3.3.
2.4 Spas and Hot Tubs
All spas and hot tubs must be located in the rear of the property and must incorporate a locking cover or be completely enclosed by a six-foot wooden fence.
Sun control devices and privacy screens do require prior ACC approval. Please refer to Paragraph 3.13, Sun Control Devices for further requirements.
3.0 GUIDELINES FOR OTHER CONSTRUCTION
The guidelines which follow address a broad range of exterior alterations. As it is not possible to cover every type of construction, these guidelines define the principal factors which should be considered in your design such as size, location, quality of construction, materials, colors, relationship to adjacent properties and surrounding areas, etc. The individual merits of each proposed construction are always considered by the ACC. These guidelines should in no way restrict you in design of well thought-out alternatives.
Please note that there is an overall height restriction of nine feet on all added structures, including but not limited to sheds, playhouses and gazebos. The height restriction does not apply to remodeling of your home.
3.1 Major Alterations
- Additional Rooms
- Attic Ventilators
- Garages & Carports
- Chimneys & Metal Flues
Major features of the house (such as vertical and horizontal lines, projections, trim details, gutters and downspouts, drainage, and materials to be used) must be reflected in the design of the addition. The location must not impair views or the amount of natural light and ventilation reaching adjacent properties. All alterations must be compatible with the original house and adjacent houses in style, materials and color.
Major alterations represent a substantial cost. It is recommended that a preliminary application for conceptual approval be submitted early in the planning process. The preliminary application should include as much information as practical but must include at least a site plan showing dimensions, elevations if applicable, relationship to adjacent houses, and property lines.
Attic ventilators, or other mechanical apparatus requiring penetration of the roof, shall be as small as functionally possible, shall be painted to match the roof, shall be located on the rear of the house whenever practical, and shall not extend above the top of the roof line.
Clotheslines must be fold-up or retractable styles and must be completely out of sight when not in use. Permanent structures are not allowed.
Decks should be compatible in materials and color with the house and are to be located primarily in the rear of the yard. Other locations will be considered due to homeowner’s lot considerations. See Section 2.3, “Low-Level Decks.”
3.4 Pet Houses/Runs/Enclosures
Pet houses must be compatible with the homeowner’s house in color and material, and must be located where they will be visually unobtrusive and will have the least impact on neighbors for visibility, noise and smell. Generally, this means away from shared property lines.
Chain link dog runs will be considered if inside solid privacy fencing, softened by supplemental landscaping, and well screened.
Enclosures to confine pet(s) in an area less than the entire back yard must be placed in a location where minimum nuisance and inconvenience is caused to neighbors, and away from shared property lines and living areas of neighborhood residences.
Kennels and stables (as defined by the applicable government agencies) and prohibited.
Only hard, stabilized surfaces of concrete or masonry will be considered. No other material will be approved.
Special care must be exercised if changes alter drainage patterns. Runoff must be disposed of with the boundaries of your own property.
3.6 Exterior Lighting
Lighting not part of the original structure and changes in original lighting which are not identical in style, scale and color to the original lighting must have approval.
The application should specify location of lighting on the property plat, height of light fixtures above the ground, wattage, and detailed descriptions of fixtures.
Lighting shall not be directed outside the homeowners property lines nor toward adjacent homeowners’ windows.
Any changes in exterior color for houses, fences, decks, roofs, and trim must be approved by the ACC. Colors of stains or paints must be compatible with colors of other houses in the neighborhood. Color chips (samples) must be submitted with the application along with a detailed description of where the colors are to be applied (trim, body, doors, etc.) See Section 2.0 regarding repainting in the same color.
Patios will be located primarily in rear yards. Materials shall be brick, stone or concrete. If changes in grade or other conditions which affect drainage are anticipated, they must be indicated on the application. Mitigation of any possible adverse effects of drainage changes must be shown on the application. Approval will be denied if adjoining properties are adversely affected by changes in drainage.
3.9 Recreation, Sports and Play Equipment
Recreational play equipment should be placed in rear yards whenever possible. Consideration should be given to lot size, equipment size and design and visual screening.
Basketball backboards may be attached to the house or freestanding.
3.10 Retaining Walls
Retaining walls must make use of rock or wood in combination with appropriate landscaping. Because retaining walls maybe alter existing land-forms, the design of such walls must address drainage patterns.
All signs not addressed in the CCR’s or Community Rules and Regulations are subject to ACC approval. Refer to CCR’s Section 3.12 for signage policies.
3.12 Storage Sheds
A shed will be considered only if it blends with the house and maintains continuity of materials and color with the house. Metal sheds or buildings are not allowed. Refer to CCR’s Section 3.1. A storage shed shall be defined as any structure whose primary purpose is for storage of equipment or materials. Any structure whose primary purpose is for storage shall be reviewed as a shed and shall not be considered as a room addition as discussed in Section 3.1.
A detached shed may be located only in the rear or side yard. If the fence created an adverse visual effect from the street, the ACC may require a fence to be built to screen the shed. Materials and colors must match or be compatible with the house and fence to which the shed is attached or near. This includes siding, roofing, paint or stain, and construction details such as trim and pitch of roof.
3.13 Sun Control Devices
Awnings, arbors, trellises, etc. must be of a straightforward design without decoration such as scallops or fringes. They must also be consistent with the scale of the house to which they are attached and any adjacent fencing and must be located such that they do not adversely affect views, sunlight, or natural ventilation of adjacent properties.
3.14 Swimming Pools
All swimming pools (above ground, below ground, and prefabricated) must be located in rear yards. Alternate locations will be considered only for property with an unusual configuration or topographical features.
The pool and any mechanical equipment must be completely enclosed by a 6-foot high wood fence. Location of pool pump equipment should be away from adjacent neighbors to minimize impact of noise. Fences and gates must conform to the specifications in this document. If the fence was not built according to the specifications, application for the fence may be submitted with the pool application.
As the installation of a swimming pool is a major undertaking, an application for preliminary approval is recommended. The preliminary application should include a site plan showing dimensions of the pool, deck, fenced area, and relationship to the house, adjacent houses, and property lines.
3.15 Tree Removal
No tree over 8 inches in diameter, when measured 1 foot above the ground, may be removed without written approval of the ACC. Trees which are removed must be replaced. If the tree is being removed for disease or decay reasons, a different type of tree may be used as a replacement. Removal of trees for prevention of potential damage to property or personal safety reasons will be permitted.
Only hard, stabilized surfaces will be considered. Gravel, flagstone and stepping stones are acceptable. Special care must be exercised if the addition of walkways will alter drainage patterns. Runoff must be disposed of within the boundaries of your own property.
3.17 Wire and Pipes
All utilities, wires and pipes except for control or monitoring housings must be underground. The installation of drain-pipe by the homeowner or contractor must be approved by the ACC.
4.0 PROHIBITED ITEMS/CONSTRUCTION
The following are expressly prohibited in all areas of Regatta Estates.
Shortwave radio and television antennae, satellite dishes and all similar devices are not allowed on private or rental residences in Regatta Estates. However, an antennae dish with a diameter not exceeding 24 inches may be acceptable if its location on the property is approved by the ACC.
Obstructing or retarding the flow of drainage is prohibited. Alternations to houses or lots which may change existing drainage patterns onto adjacent lots is prohibited.
4.3 Temporary Structures
Temporary structures are not allowed on any lot in Regatta Estates at any time.
4.4 Trash Building Materials
Lumber, used building materials or litter of any kind may not be stored on a lot in Regatta Estates. Excess material and debris must be removed immediately after completion of any construction.
Permanent freestanding flagpoles are not allowed.
5.0 APPLICATION PROCEDURE
Applications may be obtained from the Regatta Estates Homeowners Association website – https://regattaestates.com/. (A copy is also included in Appendix A). Completed applications should be returned to any ACC member by email ([email protected] ) or mailed to:
Regatta Estates Homeowners Association
11700 Mukilteo Speedway Suite 201
Mukilteo, WA 98275
Please be sure to adequately describe the work you are proposing to do. If you have any questions, feel free to contact any member of the ACC directly. If your request is not clear, the ACC may deny your request pending submittal of clarifying information. Save yourself and the ACC some time – if you’re not sure, ask.
The following information must accompany your application:
Site Plan: A site plan is most easily prepared by submitting a copy of your property plat. Proposed changes/additions should be indicated, including dimensions and distances from adjacent properties and houses.
Materials and Colors: Samples of the materials (where practical), colors to be used, and an indication of the relationship to existing materials and colors must be provided. In most cases, a statement that “the proposed deck,” for example, “is to be painted to match existing house” is sufficient. If the proposed color(s) are not the same as the existing colors, color chips must be submitted for clarity.
Drawings and Photographs: A drawing of your proposed change/addition must be provided. Do not worry about any shortcomings in your drafting or artistic ability. Where applicable, submit manufacturer’s literature or photographs as well as freehand or mechanical drawings. The amount of detail must be consistent with the complexity of the proposal. Relationships of architectural features such as existing and proposed roof lines, window sizes and locations, building heights, roof slopes, etc. must be shown.
Acknowledgement of Neighbors: Your application to the ACC must include the signature of all surrounding homeowners who will be affected by the proposed construction, landscaping, etc. Your neighbor’s signature DOES NO constitute their agreement. It simply demonstrates to the ACC that you have informed them of your plans.
Third Party Comments: If a neighbor has concerns with your proposed work, they will have seven days from the date of their signature to register their concerns along with the Association. The ACC will then consider their concerns along with your application. Ultimately, however, the ACC decision will be based on the standards set forth in the CCR’s and this document.
Dates: The estimated start date and completion date of the proposed work must be included on the application. Your work must commence within six month of approval and must be complete with nine months from date of construction.
6.0 ACC COMMITTEE REVIEW PROCEDURE
The ACC meets periodically. Please check the Association website (https://regattaestates.com/) for meeting dates and times.
Your correctly completed application must be submitted to the ACC at least seven days before the meeting in which it will considered. This is to allow any third party comments to be considered along with your application.
Whether your application is approved or denied, you will receive written notification by email from [email protected] shortly after the meeting. However, work shall not commence until you have received the written notice of your application’s approval.
If a homeowner disagrees with a decision of the ACC, that decision may be appealed by sending an email to [email protected]. Resolution in a timely manner is the goal of the ACC, and such an appeal should be made to the ACC for review at their next meeting following the ACC decision.
Decisions made by the ACC in reviewing applications are not based on personal opinion or tasted. Judgement of acceptable design is based on the following criteria, which represent in more specific terms the general standards of the CCR’s:
Conformance with Covenants: All applications are reviewed to ensure that the proposed work is in conformance with the CCR’s and Architectural Controls.
Validity of Concept: The basic idea must be sound and appropriate with its surroundings
Design Compatibility: The proposed work must be compatible with the architectural characteristics of the applicant’s house, adjoining houses and the neighborhood setting. Compatibility is defined in terms of architectural style, use of materials, colors, and construction details.
Workmanship: The quality of work must be equal to or better than that of the homeowner’s property and the surrounding area.
7.0 COMPLAINT PROCEDURE/FINE SYSTEM
The following procedure has been established for handing Association members’ complaints regarding violations of the Architectural Controls. Complaints may be registered to the ACC. Those homeowners who wish to be contacted regarding the handling of their complaint may give their name and phone number. HOMEOWNERS ARE ENCOURAGED TO RESOLVE MATTERS AMONG THEMSELVES WHENEVER POSSIBLE.
Complaints tend to fall into one of the following categories:
- LACK OF ACTION – e.g. yards/landscaping not started, completed, or maintained. Woodpiles in inappropriate locations, etc.
- PROJECTS IN PROGRESS – without ACC approval or which deviate from submitted, approved plan; or which raise a neighborhood concern due to problems not originally considered, e.g. property infringement, quality of work, etc.
- COMPLETED PROJECTS – not approved by the ACC or which deviate from the submitted, approved plan. Complaints may also arise due to misuse, problems not originally considered, property infringement, quality of work, lack of County approval/permits, tree removal, etc.
Complaints will be logged, and the ACC will appoint one member to review complaints on a biweekly basis. (This appointment may be rotated on a monthly basis, or other schedule as agreed upon by the ACC). This member will review any plans on file, make a visual inspection of the site, notify the subject homeowner, and collect any other relevant data.
Should the member handling the complaint initially find that it is unfounded (not a violation of Architectural Controls), the ACC will review at their next meeting and, if there is agreement that no violation exists, the complaint will be closed, with notification to the complainant, if requested.
If a violation has occurred, the ACC member will proceed as follows for each category of complaint:
- LACK OF ACTION – contact homeowner, explain the Architectural Control which has been violated, request compliance, make note of the action taken on the complaint form, return the form to the Association office, report to the complainant, if requested, and report to the ACC at their next meeting.
- PROJECTS IN PROGRESS – contact the homeowner and explain the violation or problem, hand-deliver a STOP WORK ORDER (Appendix B) if appropriate, request a specific action by the homeowner (see possible actions below) by date of the next ACC meeting, report to the complainant, if requested, and report to the ACC at the next meeting, presenting a copy of the Stop Work Order and other relevant documentation. The ACC will then determine any further action.
- COMPLETED PROJECTS – with the exception of the Stop Work Order, this type of complaint will be handled as with Project in Progress.
Actions may be requested of the homeowner include, but are not limited to: 1) submission of application and plans for ACC approval; 2) submission of modifications to plans; 3) steps to mitigate concerns or problems; 4) resolution by agreement among neighbors involved; 5) removal of unapproved project.
It is in the best interest of all parties involved to review, discuss, and recommend possible resolutions. If the subject homeowner has not made a good faith effort to resolve the complaint by the subsequent ACC meeting, the ACC will then provide a written time schedule for homeowners’ resolution of the problem. An ACC member will be assigned to follow up on the complaint to see that appropriate action has been taken. The complaint will remain on the ACC agenda until it is resolved.
If a homeowner disagrees with a decision of the ACC, that decision may be appealed to the Association Board of Directors by written request to the Board. Resolution in a timely manner is the goal of the ACC, and such an appeal should be made to the Board for review at their next meeting following the ACC decision.
If a homeowner refuses to take steps to correct a violation after adequate time to do so has elapsed, the ACC will send a letter by certified mail to the homeowner outlining the violation and requesting immediate compliance.
If the homeowner still does not comply within fourteen days after receiving the certified letter, the ACC shall impose an arbitrator on the homeowner. Refer to the CCR’s Article VI, Enforcement.