Falling Waters Community Association

Standards - Temporary & Temporary Additions, Tree Removal & Mod

Jan 14, 2001

FALLING WATERS COMMUNITY ASSOCIATION


STANDARDS FOR APPROVAL OF PERMANENT AND TEMPORARY ADDITIONS; TREE REMOVAL AND EXTERIOR MODIFICATIONS

Pursuant to Exhibit ?“C?” (Initial Use Restrictions and Rules) of the Covenants, paragraphs 2 and 2(K), 2(L), 2(M) prohibits the construction, erection or placement of any thing, permanently or temporarily, on the outside of the Unit without approval by the Board of Directors. These items include, but are not limited to swing sets, basketball hoops, and similar sports and play equipment, signs (including real estate signs), and statuary. This Exhibit also prohibits, without Board approval, the removal of trees measuring four inches or more in diameter at 3 feet above ground level except for diseased or dead trees needing to be removed for safety reasons (the Board should be advised of the removal of dead trees prior to removing). Additionally, Exhibit C prohibits, without Board approval, the construction or modification of many items including but not limited to swimming pools, jacuzzis, sheds/storage buildings, sidewalk or driveway modification, fences, railings, pet fences/enclosures, invisible pet fences, patios, glassed-in or screened-in patios, decks, walls, retaining walls, any machine removal of dirt or rearranging of dirt, drainage modification, any project that could affect drainage, sprinkler systems, structures to enclose a/c units/hoses, etc., constructed planters, play stations, modification of windows/doors, exterior house painting (unless the color is identical to the original color), etc. If in doubt as to whether or not an item or project requires approval, contact a Board Member.

Procedures:

Prior to the initiation of any project or placement of additions as described above, the homeowner, pursuant to Section 9.3 of the Covenants, is required to submit a written request to the Board of Directors. If the request is for construction items, the written request shall include a plan of the area where the item will be built and its relationship to the dwelling and all property lines. Vertical and horizontal dimensions and materials should be included for appropriate items.

Note: Separate Standards apply to requests for swimming pools and storage buildings. Please request a copy of these Standards from the Board of Directors.

Requirements and Conditions:

Where approval is requested for placement of an item such as a swing set or a basketball hoop, approval is required prior to the placement of that item.

Where approval is requested for construction, no portion of the project can be initiated until the homeowner has received written approval for all aspects of the project. Once the homeowner has submitted all items for consideration by the Board, the Board has 30 days from that date to respond. If the initial submission is incomplete, the Board and/or the Design and Modification Committee shall advise the homeowner of additional documentation required. The 30 day period that the Board has to review and consider the request will not commence until all documentation has been submitted.

If any changes are made from the original plan/design of any item, the homeowner should immediately notify the Board in writing of these changes. The Board has 30 days to review and consider these changes and approval in writing must be given before any of the changes in the project can be made.

If a project is initiated before written approval, pursuant to Section 3.23 of the By-Laws and Section 9.7 of the Covenants, the Board is empowered to impose a fine for violation of the Covenants and/or require that the project be stopped immediately and/or require that the project area be restored to its original condition at the expense of the homeowner.

A member of the Board and/or the Design and Modification Committee may request an on-site visit once all of the documentation has been received.

Once the Board has given the homeowner approval in writing, the project may begin. the approval for the project will expire 90 days from the date of written approval. If the project is not started within that 90 day period, the approval becomes null and void and the homeowner must resubmit all items for approval at a later date. If the project is started, but not completed within the 90 day period, the Board must be advised of the reasons for delay. If the delay is for good cause or beyond the control of the homeowner, the Board can consider a reasonable extension, however, if the delay is unreasonable or gives the appearance of abandonment of the project, the Board, pursuant to Section 9.7 of the Covenants, has the right to request that the project area be restored to its original condition and failure to comply allows the Board to restore it to its original condition and all costs will be the responsibility of the homeowner. The project may not be abandoned for any reason. Approval of any project is conditional upon its completion.

All County Ordinances must be adhered to and can be obtained at the Henry County Building Department.

All pertinent permits must be obtained. A Board Member and/or a member of the Design and Modification Committee must either confirm that the permit(s) have been obtained or receive a copy of the permit prior to initiation of the project.

For the duration of the project, if applicable, the Board may require that silt fences remain erected to contain exposed dirt/fill. If applicable, while the project is in progress, any area of the homeowners property or the community property or sidewalks or roads must be kept free of any debris, dirt/fill, rocks or pebbles at all times. The responsibility falls on the homeowner for any damage to community property, private property, sidewalks, curbs, roads, whether the damage was caused by the homeowner or their contractors and must be repaired before final approval is given.

Final approval of the project will be given after all aspects of the project are completed and may require an additional on-site visit of a Board member and/or a member of the Design and Modification Committee. Final approval is also contingent upon the homeowner providing the Board with copies of all final inspections of Henry County.