REGATTA ESTATES
ARCHITECTURAL
CONTROLS
Guidelines, Criteria
and Procedures
Accepted on 3/9/99
Revised 8/15/18
TABLE OF CONTENTS
Preface 1
- Introduction
1.1 Categories of Exterior
Modifications 2
1.2 How to Use This Manual 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
Appendices
Appendix A – Sample ACC Application
Appendix B – Sample Stop Work Order
Appendix
C – Sample Complaint Form
Appendix
D – Regatta Estates Map
PREFACE
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.
1.0 INTRODUCTION
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
1.1.1
Pre-Approved
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.
2.1
Fences
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.
2.2
Landscaping
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
- Greenhouses
- 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.
3.2
Clotheslines
Clotheslines
must be fold-up or retractable styles and must be completely out of sight when
not in use. Permanent structures are not allowed.
3.3 Decks
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.
3.5
Driveways
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.
3.7
Painting
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.
3.8
Patios
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.
3.11
Signs
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.
3.16
Walkways
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.
4.1
Antennae
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.
4.2
Drainpipe
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.
4.6
Flagpoles
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
PMB 1102
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.