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EAGLE HARBOR Homeowners’ Association (HOA)
Bylaws
Approved by: Eagle Harbor HOA Board of Directors Implementation date: April 23, 2012
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BYLAWS FOR THE EAGLE HARBOR HOMEOWNERS’ ASSOCIATION (HOA)
CARROLLTON, VIRGINIA 23314
TABLE OF CONTENTS ARTICLE I. NAME AND LOCATION Section 1.1. Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Section 1.2. Office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE II. DEFINITIONS Section 2.1. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE III. MEETINGS OF BOARD OF DIRECTORS, MEMBERS Section 3.1. HOA Meeting Guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 3.2. Types of Meetings (a) Annual Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (b) Monthly Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 (c) Special Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 ARTICLE IV. BOARD OF DIRECTORS: SELECTION, TERMS OF OFFICE Section 4.1. Board of Directors Selection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 4.2. Number of Directors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.3. Conflicts of Interest. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.4. Board Vacancies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 4.5. Board Member Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE V. EAGLE HARBOR HOA ELECTIONS Section 5.1. Board Elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Section 5.2. HOA Member Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 ARTICLE VI. POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 6.1. Board Source of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 6.2. Eagle Harbor Documentation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 Section 6.3. HOA Board Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Section 6.4. Board Relationships with Other HOA Entities. . . . . . . . . . . . . . . . . . . . . . . . 8
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BYLAWS FOR THE EAGLE HARBOR HOMEOWNERS’ ASSOCIATION (HOA)
CARROLLTON, VIRGINIA 23314
TABLE OF CONTENTS
ARTICLE VII. OFFICERS AND THEIR DUTIES Section 7.1. Composition of the Board of Directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 7.2. Property Manager . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE VIII. ASSESSMENTS AND BUDGET MANAGEMENT Section 8.1. Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.2. Fiscal Year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.3. Board Budget Responsibilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.4. HOA Budget Process and Timeline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.5. Budget Implementation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE IX. DOCUMENT AMENDMENT AND SUPERSESSION Section 9.1. Document Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.2. Document Supersession . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.3. Review and Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
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BYLAWS FOR THE EAGLE HARBOR HOMEOWNERS’ ASSOCIATION (HOA)
CARROLLTON, VIRGINIA 23314
ARTICLE I. NAME AND LOCATION
Section 1.1. Applicability: These bylaws provide for the governance of the Eagle Harbor Homeowners’ Association (HOA) in accordance with the 23 January 2002 Articles of Incorporation of the Eagle Harbor HOA, Inc., the 19 April 2002 Declaration of Covenants and Restrictions of the Eagle Harbor HOA, Inc. and Eagle Harbor, L.L.C., (the “Joint Declaration,” Instrument Number 022431), the 19 April 2002 Declaration of Covenants and Restrictions of the Eagle Harbor, Inc. and Eagle Harbor, L.L.C. (the “General Property Covenants Declaration,” Instrument Number 022432), and all amendments to these documents. In the event of any conflict between the Articles of Incorporation and these Bylaws, the Articles will control; in the case of any conflict between the declarations and these Bylaws, the declarations will control. Section 1.2. Office: The Eagle Harbor HOA Office will be located on the Association property.
ARTICLE II. DEFINITIONS Section 2.1. Definitions: Terms used in this document have the same definition as those reflected in the Joint Declaration and the General Property Covenants Declaration.
ARTICLE III. MEETINGS OF BOARD OF DIRECTORS, MEMBERS Section 3.1. HOA Meeting Guidelines: (a) Attendance: Except for executive sessions, all other meetings of the Eagle Harbor HOA Board shall be open to all Eagle Harbor property owners, and meeting content and decisions will be reflected in meeting minutes. (b) Executive Sessions: The Board President or presiding officer is authorized to call the Board into executive session on sensitive matters such as litigation matters, hearings with respect to homeowner violation of neighborhood standards, and contractual issues. (c) Location: HOA meetings will be held in facilities likely to accommodate as many HOA members as possible, at reasonable cost, and in proximity to the Eagle Harbor community. (d) Meeting quorum requirements: For a legitimate HOA meeting to occur, a quorum requirement of at least three Board Directors must be present. (e) Meeting leadership: The President will preside over all Board meetings and if not present, the Vice President (then Secretary) will preside. (Note: Board quorum requirements preclude the Treasurer or Member-at-large from performing this responsibility.)
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(f) Board decision making: The Board makes decisions based on Board quorum vote (at least three of the five members). Section 3.2. Types of Meetings: (a) Annual meetings: (1) Under the provisions of Virginia state law, HOA Board annual meetings are required. Annual meeting announcement timelines are included in Article V of this document. (2) Immediately following the annual meeting (and presuming the election of new Board members), the new Board will meet and decide officer assignments (President, Vice President, Secretary, Treasurer, and Member-at-large). (b) Monthly meetings: (1) The Eagle Harbor HOA Board typically hosts monthly meetings the third Monday of each month. If a Board quorum cannot be achieved for the scheduled meeting, the Board President (or the Vice President, should the President be unavailable) cancels or re-schedules the meeting with immediate notice to property owners. (2) The agenda for monthly meetings will include: a brief homeowners’ forum, reports from key Board and Committee members, and discussion and resolution of old/new business. (3) The meeting chairperson will use Roberts Rules of Order (latest edition) to govern the conduct of meetings. (c) Special meetings: Special meetings may be called by the Board President, a majority of Board members, or by 20% of the property owners. Meeting notice must include a specific mention of the meeting topic and purpose, and the meeting cannot focus on any subject matter beyond the written topic and purpose. The Board must ensure the meeting announcement is forwarded to property owners at least 10 days prior to the actual meeting date.
ARTICLE IV. BOARD OF DIRECTORS: SELECTION, TERMS OF OFFICE
Section 4.1. Board of Directors selection: Board members are nominated (self-nominated or nominated by other voters) to run for election to the Board. Concerning nominee qualifications: (a) Any HOA member of legal age and in good standing (not delinquent on any HOA financial obligations or in violation of any HOA/ARB guidelines and standards) may submit his/her name and biography to the Board for inclusion on the election ballot. (b) At the annual meeting and prior to the election, the Eagle Harbor HOA President may call for Board nominations from the floor. An Eagle Harbor property owner in attendance may nominate another property owner or self-nominate. All floor nominees must meet the same
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standards as those described in Section 4.1(a), and if nominated by another HOA member, the nominee must agree to serve prior to being included on a ballot. Section 4.2. Number of Directors: Per the 23 January 2002 Articles of Incorporation of the Eagle Harbor HOA, Inc., Article IV, the Board of Directors will have no fewer than three members and no more than five. Section 4.3. Conflicts of Interest. With respect to conflicts of interest (including, but not limited to the following): (a) Any Board member employed by a business contracted to the HOA must recuse him-/herself from all Board discussions and decision making regarding that contract. (b) Any Board member simultaneously serving on the ARB must recuse his-/her-self from all Board ARB appeals actions. (c) A resident cannot serve simultaneously on both the Eagle Harbor HOA Board and any Eagle Harbor Condominium Owners’ Association (COA) Board. Section 4.4. Board vacancies: (a) A Director may resign at any time by giving written notice to the President and Secretary. The effective date of resignation should be included in the notice, and if not, the date the notice is received is the effective date of resignation. To fill the position, the Board appoints an interim replacement to serve until the next Board election. (b) Should a Director become unavailable (e.g., professional employment demands, hospitalization, etc.), the Board may appoint an interim replacement to serve for the absence or until the next Board election. (c) Should a Director forfeit his/her good standing in the HOA (e.g., failing to pay assessments), he/she must resign immediately and conditions in Section 4.4(a) apply. (d) Should a Director fail to attend three consecutive regular Board meetings (notwithstanding personal emergencies), the President will declare the position vacant, and conditions in Section 4.4(a) apply. Section 4.5. Board Member Removal: The 23 January 2002 Articles of Incorporation of the Eagle Harbor HOA, Inc., Article IV (Management of Corporation), covers the procedure for the removal of a Director by HOA voters. Likewise, the 23 January 2002 Articles of Incorporation of the Eagle Harbor HOA, Inc., Articles III and IV, also address the HOA voters’ right to vote for removal of a Director.
ARTICLE V. EAGLE HARBOR HOA ELECTIONS
Section 5.1. Board Elections:
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(a) Prior to Board elections, the Board forwards an election information package to all HOA residents. That package includes the date, location, and time of the pending election as well as pertinent voting instructions. It is forwarded at least 10 days in advance of the election date and no more than 60 days in advance of that same date. (b) Board elections will be held annually in May. To promote Board continuity, elected Board members will serve two-year terms, and elections will occur with a 2-3 split (2 Board positions up for election in even years and three up for election in odd years). (c) The quorum requirement for elections is 25% of eligible HOA voters. The quorum applies only for the first election. If the quorum is not reached in the first election, there is no quorum for the second election; a majority vote will decide Board membership. (d) Board elections will be held at the annual meeting; however, if a subsequent election is required (e.g., due to quorum shortfall), it need not follow nor include a formal meeting. (e) Board elections require completion of a formal ballot (either hardcopy or electronic). Section 5.2. HOA Member Voting: (a) Eligible voters: (1) No Eagle Harbor lot/unit owner may vote if delinquent by 60 days or more on any financial obligations to the HOA. (2) The 23 January 2002 Articles of Incorporation of the Eagle Harbor HOA, Inc., Article III (Members and Voting) further defines voter eligibility conditions. (b) Voting Options: For HOA elections, Eagle Harbor property owners may vote in person, electronically (via the HOA website), or by proxy. (1) If voting in person, all voters must register prior to voting at the annual meeting. (2) If voting electronically, voters cast their ballots via the HOA website (www.eagleharborhoa.com) within a designated 30-day period prior to the annual meeting. (3) If voting by proxy: a. Proxy votes are turned in prior to the election itself (date specified in election information package). They can be turned in to the HOA Office (Eagle Harbor Clubhouse) in person or e-mailed (.pdf file with original signatures) to the property manager. b. Proxies allow the proxy voter to delegate his/her vote to a Board member or Eagle Harbor resident to vote on his/her [proxy voter’s] behalf.
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c. Proxy votes are valid for an eleven-month period from the date recorded on the proxy vote submission.
ARTICLE VI. POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 6.1. Board Source of Authority: The Virginia Property Owners’ Association Act applies to developments, excluding condominiums and cooperatives, in which the owner of a residential lot automatically becomes a member of a property owners’ association (e.g., Eagle Harbor HOA). The HOA has maintenance and operational responsibilities for common areas as well as the authority to impose a mandatory payment (e.g., assessment) on lot owners/occupants for the purpose of maintaining and operating those common areas. HOAs are authorized to adopt and enforce rules and regulations pertaining to common area use as well as supplementing HOA declaration(s). Section 6.2. Eagle Harbor Documentation: Beyond state law and within the Eagle Harbor HOA document hierarchy, there are four types of documents which govern Board action (listed in order of authority precedence): declarations, articles of incorporation, bylaws, and rules/regulations. More specifically: (a) The 19 April 2002 Joint Declaration establishes the Eagle Harbor HOA as a Virginia non-stock corporation run by an association and under Article IV (Functions of Association), describes association functions. (b) The 23 January 2002 Articles of Incorporation of the Eagle Harbor HOA, Inc., describes HOA membership, voter rights, and Board of Director size, terms, election, and removal. Section 6.3. HOA Board responsibilities include, but are not limited to, the following: (a) Amend or write/re-write policy documentation (e.g., declarations, articles of incorporation, bylaws, rules and regulations) in accordance with document amendment guidelines and HOA requirements; (b) Establish and execute an annual budget; (c) Employ a property manager and/or contractors to perform duties deemed necessary by the Board; (d) Monitor the performance of all HOA-employed contractors, including the property manager; (e) Establish HOA architectural standards and implement them through the HOA’s Architecture Review Board (ARB), established in the 19 April 2002 General Property Covenants Declaration); (f) Act as the highest homeowners appeals level for ARB decisions;
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(g) Supervise care, maintenance, and enhancement of HOA common areas/elements and amenities; (h) Execute risk management through maintaining appropriate insurance coverage (liability and hazard insurance) and executing budget reserve planning; (i) Manage all staff volunteers (e.g., neighborhood committees). Section 6.4. Board Relationships with Other HOA Entities: (a) Eagle Harbor HOA and COAs: In accordance with the Virginia Condominium Act, all three of Eagle Harbor’s condominium neighborhoods—Woodbridge, Lighthouse Commons, and Bridgewater--have their own COAs, Boards of Directors, and property managers. (1) Eagle Harbor condominium owners pay COA dues as well as an Eagle Harbor HOA assessment to support the maintenance of the Eagle Harbor common areas (including the swim club, swimming pool, miniature golf course, and area lake/fountains). (2) Per the Eagle Harbor Architectural Standards and Guidelines, the Eagle Harbor Architecture Review Board (ARB) coordinates with the condominium Architecture Review Committees (ARCs) to ensure consistent implementation of standards for neighborhood common areas. (b) Eagle Harbor HOA and the Eagle Harbor ARB: Per Joint Declaration guidelines, the Board approves all new ARB members. The EH HOA Board is the final approval authority for revision of Eagle Harbor Architectural Standards and Guidelines or any amendments to it.
ARTICLE VII. OFFICERS AND THEIR DUTIES Section 7.1. Composition of the Board of Directors: The Board of Directors is composed of the following officers: (a) President: who acts as the chief executive officer of the HOA responsible for: presiding over all HOA and Board meetings (public meetings and executive sessions); approving meeting agendas; signing HOA and Board correspondence; monitoring Board quorum representation at meetings; facilitating Board decision making; and working with the property manager on day-to-day issues (e.g., policy clarification and implementation, bill paying, contractor interface, legal reviews, etc.) . The President also retains final approval for all www.eagleharborhoa.com content. (b) Vice President: who is responsible for performing all HOA presidential responsibilities in the absence of the President; serves as the President’s chief advisor on policy issues and coordinates directly with the Documents Committee Chairperson on all policy revision efforts. When tasked by the President, acts as special projects supervisor/leader.
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(c) Secretary: who is responsible for composing, editing, and finalizing all meeting minutes; maintains and updates a master year-long Eagle Harbor HOA calendar posted on the Eagle Harbor website (www.eagleharborhoa.com); leads the annual review and update of all website material (November); and when necessary, serves as back-up to the HOA Treasurer in attending meetings and executing budget actions. Third in line (behind the President and Vice President) to preside over HOA and Board meetings should both be unavailable. If the Eagle Harbor HOA does not contract a property manager, the Secretary also maintains a comprehensive resident register containing names, addresses, phone numbers, and (where possible) e-mail addresses for all property owners. (d) Treasurer: who manages Association funds and works with the property manager in their disbursement; leads budget planning discussions and provides recurring budget status updates in HOA Board meetings; keeps the Secretary informed of budget issues in the event the Treasurer is unavailable for meetings or budget execution actions. Works with the Landscaping and Facilities chairpersons to monitor the status of common areas to ensure safety, appearance, and structural repair. (e) Member-at-large: who serves as the back-up to the Secretary should the Secretary be unavailable to execute administrative, website, and scheduling functions. Section 7.2. Property Manager. The Eagle Harbor HOA Board may hire a property manager to assist in administering HOA programs and responsibilities. The Eagle Harbor HOA Board negotiates a contract between the HOA and a property management company for a set period of performance. (a) The property manager must have a minimum of two years’ experience in Virginia community management and must be able to: (1) Advise the Board regarding neighborhood property standards, inspections, and documentation. (2) Work with community contractors (e.g., landscaping company) to ensure HOA-contracted services are delivered. (3) Maintain spotless accounting records and successfully undergo an annual audit. (4) Manage a small staff. (5) Retain strong professional knowledge regarding insurance, accounting, contract negotiation, labor relations, and property management. (b) Property Manager duties include (but are not limited to): (1) Preparing and distributing monthly meeting packages for HOA Board members.
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(2) Working closely with the HOA Treasurer to execute the HOA’s budget plan on a day-to-day basis and maintaining all records of income and expenditures/bills (current and future) to include a monthly financial statement. (3) Preparing for and undergoing an annual audit. (4) Supporting annual meetings by assisting in scheduling, registration, and voting. (5) Maintaining association file records (both hardcopy and electronic). (6) Providing on-site assistance (personal and telephonic) to residents on day-to-day issues. (7) Providing expert advice to Board members on HOA financial matters, neighborhood inspections, contractor bidding and performance, and documentation requirements. (8) Coordinating and overseeing contractor services and within 90 days of contract termination, soliciting bids for the new contract cycle. (9) Assisting/advising the Board on the architecture review process. (10) Conducting recurring neighborhood inspections to ensure resident compliance with neighborhood declarations, standards, and guidelines. (11) Maintaining a comprehensive resident register containing names, addresses, phone numbers, and (where possible) e-mail addresses for all property owners. (Note: Eagle Harbor property owners are responsible for promptly notifying the property manager of ownership and address changes in writing.) (c) The Board of Directors will contract a managing agent for no less than a two-year time period.
ARTICLE VIII: ASSESSMENTS AND BUDGET MANAGEMENT Section 8.1. Assessments: The Joint Declaration, Article IV (Covenants for Assessments), outlines the purpose, type, and administration of assessments. Section 8.2. Fiscal Year: The fiscal year for the Eagle Harbor HOA parallels the calendar year (Jan-Dec). Section 8.3. Board Budget Responsibilities: The Board is responsible for adopting a next year’s budget no later than end-of-month November of the previous fiscal year. Board quorum voting rules apply (at least three Board members must approve the budget). Section 8.4. HOA Budget Process and Timelines are as follows:
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(a) At the September HOA meeting, the President announces that HOA members may submit budget inputs (proposals for community improvements) to the property manager no later than 1 October of the current calendar year. These proposals should consist of a description of the structure/situation requiring improvement and at least one recommended solution. Proposals may be submitted in hardcopy (typewritten) or electronically via the Eagle Harbor HOA website (www.eagleharborhoa.com). Oral proposals will not be considered. (b) The Board must meet, discuss, and finalize a budget for the next fiscal year no later than 31 October. (c) No later than 30 November, the Board forwards a copy of the finalized next year’s budget to all property owners. Section 8.5. Budget Implementation: (a) If the budget for any fiscal year is not adopted before the beginning of that fiscal year, the existing budget shall remain in effect until the new budget is adopted. (b) Once adopted, the budget may be amended or revised by the Board at its discretion. (c) The adoption of the budget is not a pre-condition for the Board’s imposition of any assessment or special assessment; neither does an approved budget restrict the Board from levying additional assessments or special assessments. (For more information on assessments, refer to the Joint Declaration, Article IV, Covenants for Assessments, and the 19 Feb 2003 Amendment to Declaration of Covenants and Restrictions of the Eagle Harbor Homeowners’ Association, Inc. and Eagle Harbor, L.L.C., a Virginia Limited Liability, Section 4.)
ARTICLE IX. DOCUMENT AMENDMENT AND SUPERSESSION Section 9.1. Document Amendment: These bylaws may be amended by the Directors from time to time. Section 9.2. Document Supersession: This document replaces (and makes the following documents obsolete): (a) Eagle Harbor Bylaws (pg 5: The foregoing BYLAWS of Eagle Harbor Homeowners’ Association, Inc., were adopted by the incorporator on January 23, 2002). (b) Eagle Harbor Homeowners’ Association, Inc. Resolution, First Amendment to Bylaws, adopted by the Board of Directors on July 24, 2008. (c) Eagle Harbor Homeowners’ Association Bylaws, adopted by the HOA Board of Directors August 17, 2010.
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EAGLE HARBOR Architectural Standards and Guidelines PART I. INTRODUCTION Page A. The Eagle Harbor (EH) Community. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 B. Applicability of Eagle Harbor Architectural Standards and Guidelines . . . . . . . . . . . . 3 C. Access to Related Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 D. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART II. ORGANIZATIONAL STRUCTURE AND DOCUMENTATION A. Eagle Harbor Architecture Review Board (EH ARB). . . . . . . . . . . . . . . . . . . . . . . . . . . 5 1. Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2. ARB Composition and Operation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3. EH HOA Board of Directors’ Relationship with the ARB. . . . . . . . . . . . . . . . . . . . . 6 4. The ARB and Community Developer(s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 B. EH Property Modifications and Isle of Wight County officials . . . . . . . . . . . . . . . . . . . . 6 C. Documentation Management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 PART III. PROCESSES A. Applying for Approval of Exterior Alterations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 B. The ARB Review Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 C. The ARB Appeal Process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 D. Duration of ARB Decisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 PART IV. RESIDENTIAL ARCHITECTURAL STANDARDS A. Applicability of Architectural Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 B. Architectural Standards (Home Exteriors and Yards) 1. Driveways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 2. Walkways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3. Auxiliary Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. Fencing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 5. Lighting (Exterior). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 6. Mailboxes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 7. Lawns and Plantings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 8. Screening of Exterior Utilities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 9. Play Equipment (including Basketball Goals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 10. Swimming Pools, Hot Tubs, and Spas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 11. Flagpoles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 12. Satellite Dishes, Antennas, and Radio Receivers/Senders . . . . . . . . . . . . . . . . . . . 18 13. Awnings and Trellises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 14. Wells. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 15. Hose Reels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19
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EAGLE HARBOR Architectural Standards and Guidelines
PART IV. RESIDENTIAL ARCHITECTURAL STANDARDS (Continued) B. Architectural Standards (Home Exteriors and Yards) - Continued 16. Unique Requirements – Homes Backing onto Eagle Lake and Celebration Park Grounds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 17. Unique Requirements - Charthouse. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 C. Architectural Standards (Construction). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 1. Roof Pitch. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 2. Roofing and Guttering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 3. Exterior Facades and Siding. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 4. Exterior Residence Color. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 5. Garages. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .21 6. Front Porches. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 7. Chimneys. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 8. Doors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 PART V. COMMON AREA ARCHITECTURAL STANDARDS A. Eagle Harbor Common Areas. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 23 B. Common Area Architectural Standards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 1. Signage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2. Clubhouse Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 3. Property Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 4. Landscaping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 5. Walkways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART VI. ARCHITECTURAL GUIDELINES A. Alterations Not Specifically Described in This Document. . . . . . . . . . . . . . . . . . . . . . . 24 B. Decks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART VII. DOCUMENT SUPERSESSION. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 PART VIII. VALIDATION SIGNATURE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 ATTACHMENT – Application for Architectural Review. . . . . . . . . . . . . . . . . . . . . . . . . . 26
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EAGLE HARBOR Architectural Standards and Guidelines
PART I. INTRODUCTION A. The Eagle Harbor (EH) Community: 1. The EH Community is composed of a combination of single family residences (houses) and condominiums managed by the EH Homeowners’ Association (HOA) Board of Directors (“the Board”) under the authority of the Virginia Property Owners’ Association Act and the Virginia Condominium Act. The single family residence neighborhoods are Eagle Harbor “main” (bounded by Route 17 and Smith Neck Road and the Whippingham Parkway neighborhood across from Lighthouse Commons), Charthouse, and Graystone, while the condominium neighborhoods are Lighthouse Commons, Woodbridge, and Bridgewater. 2. The EH Board enforces architectural and landscape standards across the community through its Architecture Review Board (ARB) and Property Manager. a. The EH ARB reviews all homeowner applications for exterior property modifications and approves/disapproves them based on their aesthetic acceptability, compliance with Community declaration/covenant environmental limitations, and/or their compliance with architectural standards included in this document [Eagle Harbor Architectural Standards and Guidelines]. b. The Property Manager inspects EH properties to ensure no unauthorized (non-ARB approved) modifications have been implemented and if they have, the Property Manager can (with Board approval) mandate removal of the modification/improvement at the property owner’s expense. 3. Because Virginia laws are different for condominium and homeowner associations, architectural standards for EH condominium neighborhoods are contained in additional documents [e.g., declarations] with condominium-specific requirements. Each condominium neighborhood maintains its own Architecture Review Committee/Board (ARC/ARB) which approves applications for condominium modifications prior to forwarding them to the EH ARB for final approval. 4. The EH HOA Board serves as the highest appeals authority for all Community residents seeking a reversal or modification to an ARC/ARB decision. B. Applicability of Eagle Harbor Architectural Standards and Guidelines: 1. The Eagle Harbor Architectural Standards and Guidelines augment the guidance established in the 19 April 2002 Declaration of Covenants and Restrictions of the Eagle Harbor HOA, Inc. and Eagle Harbor, L.L.C., (the “Joint Declaration,” Instrument Number 022431), the 19 April 2002 Declaration of Covenants and Restrictions of the Eagle Harbor, Inc. and Eagle Harbor, L.L.C. (the “General Property Covenants Declaration,” Instrument Number 022432), and all amendments to these documents.
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2. In the event of any conflict between the two declarations and the Eagle Harbor
Architectural Standards and Guidelines, the declarations will control, and of the two declarations, the General Property Covenants Declaration is the primary—and controlling-- document.
3. The EH HOA’s authority for establishing the Eagle Harbor Architectural Standards
and Guidelines is contained in the General Property Covenants Declaration, Article I, Section 2, which authorizes the HOA to establish additional architectural standards and construction specifications binding on all owners.
4. From their inception, Graystone and Charthouse have had stricter architectural
guidelines than has Eagle Harbor “main” (governed by Eagle Harbor Architectural Standards and Guidelines). For that reason, Graystone Architectural Standards are considered an annex to this document while Charthouse-specific standards (due to length) have been incorporated into a separate paragraph in PART IV of this document.
5. By virtue of their fundamental nature and as provided in the governing documents,
condominiums have stricter architectural guidelines than do individual houses; therefore, when reviewing ARC-approved applications, the EH ARB uses Lighthouse Commons, Woodbridge, and Bridgewater architectural standards as well as EH architectural guidance to render approval/disapproval.
6. From time to time, the EH Board may modify the Eagle Harbor Architectural
Standards and Guidelines (as provided for in the governing documents). The ARB will use the most current version of the Standards and Guidelines posted to the HOA website to evaluate homeowner applications for exterior property modifications. C. Access to Related Documents: EH ARB documents and forms may be accessed on the Community website (www.eagleharborhoa.com) while both Lighthouse Commons and Woodbridge ARCs (and their documentation) may be contacted/accessed via their respective websites, www.lighthousecommons.com and www.woodbridgecondominium.com). D. Definitions: The following definitions apply to ARB processes as well as architectural standards and guidelines: 1. Applicant: condo/home/unit owner who submits an application to the EH ARB proposing an exterior (structural and/or landscape) modification to his/her property. 2. Chesapeake Bay Watershed: area including the eastern half of Isle of Wight County (under the Chesapeake Bay Preservation Act) and including all property in Eagle Harbor subdivision. 3. Common area: those publicly accessible areas throughout Eagle Harbor which constitute neighborhood property to include: swimming pool, clubhouse, areas around the lake,
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miniature golf course, public paths, cul-de-sac gardens, bridges, and neighborhood entranceways. (See also General Property Covenants Declaration, Definitions, paragraph h.) 4. Guideline: a recommendation on how something might be done. A guideline is advisory and does not mandate an action or approach. 5. Standard: a requirement with which a Community property owner must comply. A standard is a mandate, not a recommendation. PART II. ORGANIZATIONAL STRUCTURE AND DOCUMENTATION A. Eagle Harbor Architecture Review Board (EH ARB): 1. Authority: In accordance with the General Property Covenants Declaration, Article I, the “Party Exercising Architectural Control” [ARB] has wide-ranging authority. a. Approval or disapproval of proposed property exterior/lot modifications may be based upon “any ground, including purely aesthetic considerations.” (Section 3) b. No exterior property modification can begin until a property owner submits “final plans and specifications therefore, including exterior elevations, site plans, landscaping plans and parking plans, a schedule of exterior colors and finish materials and such other plans as the Party Exercising Architectural Control [ARB] may dictate.” (Section 7) 2. ARB Composition and Operation: a. According to the Joint Declaration, Article VI, Section 2b, the ARB is composed of three members, all of whom are volunteers appointed by the Board. b. ARB members do not have to be professional architects, builders, or landscapers, but they must be thoroughly familiar with this document (Eagle Harbor Architectural Standards and Guidelines) and the two community declarations. c. The EH ARB is led by a Board-appointed chairman who is responsible for: 1) Scheduling and conducting meetings as well as coordinating with the Property Manager to ensure formal responses are forwarded to those submitting applications. 2) Ensuring all decisions are made via an ARB majority vote (2/3). 3) Nominating new ARB members to the HOA Board for their approval and appointment. d. The Board may appoint one alternate ARB member who may vote only in the absence of a regular member.
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e. The EH ARB maintains administrative files containing all applications and their documented decisions. 3. EH HOA Board of Directors’ Relationship with the ARB: a. The EH HOA Board serves as the highest appeals level for a condominium or home owner whose application has been denied at the ARB/ARC levels. b. The EH HOA Board appoints new ARB members (and may remove them for lack of performance). c. The EH HOA Board is the final approval authority for revision of this document (Eagle Harbor Architectural Standards and Guidelines) as well as for approval of any changes to this document. 4. The ARB and Community Developer(s): The developer serves the ARB function for property buyers as they choose builder options for their new homes. For that reason, the EH ARB and EH developers coordinate closely to ensure property standards are consistent once a purchaser becomes an EH property owner. B. EH Property Modifications and Isle of Wight County officials: 1. The entire Eagle Harbor Community is located within the Chesapeake Bay Watershed and is thus subject to the Chesapeake Bay Preservation Act, with environmental and building restrictions articulated in the Chesapeake Bay Preservation Area Ordinance (found on the Isle of Wight County website: www.co.isle-of-wight.va.us, under County Offices, Planning and Zoning). Under that ordinance, property restrictions relative to impervious cover as well as wetlands preservation are meticulously defined. For more information on interfacing with the County, consult the Eagle Harbor website (www.eagleharborhoa.com) under Frequently Asked Questions (FAQs). 2. Eagle Harbor homeowners must ensure their property modifications comply with applicable state and/or county codes and must secure any required permits prior to making those modifications. C. Documentation Management: The EH ARB uses three primary documents: 1. Two declarations: a. The Joint Declaration which describes the EH HOA Board’s relationship with its ARB. b. The General Property Covenants Declaration which outlines basic ARB authorities. Note: Declaration revisions require the approval of 2/3 of community property owners.
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2. The Eagle Harbor Architectural Standards and Guidelines (this document) which provides more detailed property modification standards and is revised under the authority of the EH Board. a. The HOA Board, in coordination with the ARB, should comprehensively review this document at least once every five years. b. The ARB Chairperson is responsible for conducting the document review/update which involves: 1) Initiating the review process by announcing it publicly via neighborhood website (www.eagleharborhoa.com), weekly Community e-mail, and at a monthly HOA Board meeting. (The announcement should be made no less than 30 days prior to the actual beginning of the review process.) 2) Forming (and chairing) a Review Committee consisting of at least two ARB members, the Documents Committee Chairperson, and one HOA Board member who produce a formal DRAFT which is: a) Posted on the Community website for a 14-day review period for all website registrants to provide electronic feedback. b) Available in hardcopy format in the EH Clubhouse where hardcopy feedback may be submitted to the Property Manager within the same 14-day period. c) Forwarded to the developer(s) for review for as long as new home or condominium construction is ongoing in the Eagle Harbor community. 3) Incorporating relevant feedback and forwarding an updated DRAFT to the EH HOA Board for final review and signature. The EH HOA Board will have no longer than five working days to review and revise the DRAFT prior to finalizing it or returning it to the Review Committee for further work. The DRAFT document must be approved by a Board quorum (at least three members) to be formally approved by the Board. c. If the updated document disallows a previously allowable property feature/standard, the updated document cannot be applied to property owners retroactively. What has been approved in the past, stays approved. d. The signatories for the Eagle Harbor Architectural Standards and Guidelines are the EH HOA President and Secretary who sign on behalf of the Board.
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PART III. PROCESSES A. Applying for Approval of Exterior Alterations: 1. The following individuals are authorized to submit property modification applications to the ARB: a. Individual home/unit/condo owners submit applications for modifications to their properties. b. The EH Property Manager submits applications for modifications to the pool and pool deck. c. The EH Landscaping and Facilities Committee Chairperson submits applications for modifications to Community common areas (Clubhouse, lakeside areas, neighborhood entrances and signage, cul-de-sac gardens, etc.). 2. Attached is the Application for Architecture Review Form which can be accessed via the Eagle Harbor HOA website (www.eagleharborhoa.comm, Forms) or retrieved via hardcopy from the Property Manager (Clubhouse Office). 3. In filling out the application, it is important to note: a. More detail is better than less. b. ARB approval of an application for a given lot does not guarantee approval of a similar application for another lot as no lots/residences are identical. ARB decisions are lot-specific. c. If the applicant handwrites the application input, it must be easily readable. 4. Completed applications can be submitted in hardcopy (to the Property Manager at the EH Clubhouse) or electronically via e-mail to the Property Manager (www.1cbm.com). B. The ARB Review Process: 1. The EH ARB normally meets monthly and reviews all applications submitted within the previous 30 days. The ARB may approve, approve with stipulations, or disapprove applications, and their decision must be relayed to the applicant via an ARB response letter within 30 days of the initial receipt of the application by the ARB (General Property Covenants Declaration, Article I, Section 8).
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2. If the EH ARB fails to render a decision within the 30-day designated period (from ARB receipt of the application to an ARB decision), the application will be deemed “approved” (General Property Covenants Declaration, Article I, Section 8). 3. When an application is marked as “approved with stipulations,” it is not approved as is. The applicant must alter the proposed design to comply with the stipulations. C. The ARB Appeal Process: 1. As a first step, the individual property owner may appeal an ARB-disapproved application by requesting an appointment with the ARB to discuss the disapproval. (The ARB typically handles such appeals as part of its monthly meeting.) 2. As a second step, the individual property owner may appeal an ARB-disapproved application directly to the EH Board of Directors. The EH HOA Board hears EH ARB appeals during monthly Executive Sessions at which time the applicant presents his/her case (without the ARB present), and subsequently, the EH ARB presents their case (without the applicant present). The Board is responsible for ensuring both the EH ARB and the applicant receive formal notification of the Board decision as soon as possible. D. Duration of ARB Decisions: According to the General Property Covenants Declaration (Article I, Section 10), an approved ARB application is good for one year. If the property owner fails to implement the modification during that year, he/she must re-start the process by re-applying. PART IV: RESIDENTIAL ARCHITECTURAL STANDARDS A. Applicability of Architectural Standards: Architectural standards are those limitations with which any EH property owner’s proposed modification must comply. B. Architectural Standards (Home Exteriors and Yards): The following architectural standards apply to all EH (non-condo) single family residence exteriors and yards: 1. Driveways: a. Must be concrete, stampcrete, brick or exposed aggregate concrete (see two sample photos on top of next page). b. Shall not exceed 16 feet in width between sidewalk and garage pad except for Graystone where three-car garages are permissible (requiring wider driveways). 2. Walkways: When connecting a house and driveway, walkways must match driveway material.
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3. Auxiliary Buildings (e.g., shed): a. All sheds must be the same architectural style, material (e.g., siding, roofing), and color (siding and trim) as the house with which they share a lot. (See photo on top of next page.) b. No sheds or play equipment are allowed on lots backing up to Smith Neck Road or Reynolds Road. c. In general, the siting of auxiliary buildings should not create a visual nuisance to neighboring houses. Where this is unavoidable, the ARB may require landscape screening of the structure. (See photo on bottom, next page.)
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d. Auxiliary buildings should not be constructed further forward on the site [lot] than the rear plane of the house and must be sited directly behind the house. 4. Fencing: a. The ARB requires an application (for approval and stakeout review) for all fences. b. Fences will be white vinyl or black aluminum with the following exceptions: 1) Properties whose backyards “front” on Eagle Lake/Celebration Park must have white vinyl fences (see paragraph 16 of this document). 2) Properties which share a backyard perimeter (side and/or back fence line) with Smith Neck or Reynolds Roads must have black aluminum fences.
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3) For Graystone properties, wood picket, vinyl, aluminum and iron will be allowed if appropriate with the style of the house (see Graystone Architectural Standards). c. Maximum height is four (4) feet for continuous height fences; scalloped fences may reach five (5) feet at the peak only. d. Fences should be set to the property lines, but all ARB applications will be reviewed on a case-by-case basis. e. Fences should come off the rear corners of the house.
f. Landscaping may be required to buffer fences from public rights of way and adjacent home sites. g. Front yard fencing is prohibited in Eagle Harbor except in the Graystone neighborhood where decorative front yard fencing is permitted if appropriate with the style of the house (see Graystone Architectural Standards). h. Chain link and stockade style fences are prohibited. 5. Lighting (Exterior): a. Every home lot must have a single electrical lamp post light. b. Exterior lighting globes (e.g., front porch lights, over-garage-door lights, front yard post lamps) must be similar in design, glass tint, and metal detail (e.g., brass, oiled bronze, etc.). c. In accordance with the General Property Covenants Declaration, Article II, Section 20, no exterior lighting will be directed outside the boundaries of any lot or condominium. 6. Mailboxes: a. All mailboxes must be black in the style/design depicted on the next two pages (in all three photos, in order of appearance: Eagle Harbor “main,” Graystone, and Charthouse). 1) For Eagle Harbor “main” and Graystone, mailboxes are metal and can be spray painted in black to refresh faded color. 2) For Charthouse, mailboxes are black vinyl and depending on condition after weathering, specialty paint or replacement may be required. b. Composition and style of mailbox pedestals differs for all three neighborhoods:
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1) For Eagle Harbor “main” (above), mailbox pedestals are wooden, and the original color for the stripe (around the post just above the box itself) and any lettering was Valspar Ultra Premium LaFonda Nightfall Exterior. The original color for the pedestal overall was Valspar Ultra Premium Courtyard Tan Exterior Flat. The ARB cannot endorse a specific brand, but whatever paint is used for touch-ups must match the original pedestal color. 2) For Graystone (below), pedestals are also wooden, but numbers are attached—not engraved—on the vertical support pole. As in the case of Eagle Harbor “main” mailboxes, paint used for touch-ups must match the original pedestal color.
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3) For Charthouse (above), pedestals are made of white vinyl, and as is the case with the black vinyl mailboxes, staining/weathering may require a specialty paint or replacement for a refreshed appearance. c. For all three neighborhoods, pedestals do not need to reflect any name (sometimes spelled out horizontally on the crossbar in Eagle Harbor “main”). If a name is displayed, it must be engraved on the crossbar with each letter being 2.5 inches high. 1) For Eagle Harbor “main” and Graystone, pedestals must reflect a house number aligned vertically on the vertical support pole. (See photo of Eagle Harbor “main” and Graystone mailboxes on previous page.) a) For Eagle Harbor “main,” house numbers should be sized in accordance with Isle of Wight County Code. b) For Graystone, see Graystone Architectural Guidelines for additional standards. 2) For Charthouse mailboxes, numbers are affixed to the mailbox itself with two inch tall black numbers on white backing (see photo on top, next page) centered on both sides of the mail box.
d. Mailboxes must have a secure and functioning door on the front to preclude scattering of personal mail. Note: Property owners should contact the Eagle Harbor Property Manager or the website (www.eagleharborhoa.com under FAQs) for additional information on mailbox maintenance.
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7. Lawns and Plantings: a. A street tree will be required on each lot with a minimum trunk diameter of eight (8) inches and a minimum height of five (5) feet. b. No artificial flowers will be allowed in exterior window boxes and flower gardens. c. Garden skirting should be either unobtrusive edging (e.g., black/green/brown rubber or fiberglass), tasteful natural material (e.g., stone, rock), or custom-patterned concrete. 1) The installation of patterned concrete edging requires an approved ARB application. 2) Miniature picket fencing (typically up to 24 inches tall) is prohibited. d. Vegetable gardens will only be planted in backyards of those lots which are not corner lots. In all other cases, the ARB will consider applications regarding vegetable gardens on a case-by-case basis with special emphasis on garden size and height at maximum vegetable growth. 8. Screening of Exterior Utilities: Each exterior service area (including Heating, Ventilation, and Air Conditioning (HVAC), garbage cans, electric meter, gas connection, etc.) must be screened from a street view by fencing as tall as the tallest component within the service area. 9. Play Equipment and Structures (including basketball goals): a. Definitions: 1) Play equipment includes (but is not limited to) swing sets, sliding boards, jungle gyms or climbing structures, basketball goals, and trampolines. 2) Play structures are defined as forts, tree houses, playhouses, or other enclosed play buildings with an interior height of six (6) feet or less (floor-to-ceiling) and a total floor area of less than 36 square feet. (For the sake of comparable size, dog houses are included under the same size limitations as play structures except for homes backing on to Eagle Lake and Celebration Park. See paragraph 16 for details.) b. Limitations: 1) Play equipment: a) Will be located in backyards only, directly behind the house and, as much as possible, away from any neighbors’ direct view. It will be screened from view by densely shaped shrubs or trees of a height, when planted, of at least 2/3 the height of the equipment/structure, and so placed to provide a continuous screen of that equipment/structure. It
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is the homeowner’s responsibility to submit an ARB application outlining equipment/structure type, dimensions, placement, and proposed plant types and placement prior to installation. (See paragraph 16 for unique standards applying to properties which border/back on to Eagle Lake.) b) Will preferably be factory-built and pre-finished. Home-built play equipment must be neat and orderly in appearance and finish. c) If noise-generating, should be used courteously and carefully. d) If in a state of disrepair, should be removed or replaced. 2) Basketball goals: a) All full-size portable and permanent basketball goals require an ARB application (and approval) prior to emplacement/installation. Note: The EH ARB considers player and resident safety issues of primary importance in considering basketball goal installation. b) Basketball goals may not directly face a street unless otherwise approved by the EH ARB. c) House-mounted basketball goals are prohibited. d) Only one basketball goal is permitted on a lot. e) Basketball goals may not be located on any neighborhood street, common area, neighborhood common area, common parking pad or parking lot, nor can they be placed closer than 20 feet from the end of the driveway at its termination onto the street. f) Placement: When a home has a front-loading garage, the goal must be positioned to the side of the driveway so only the net is over the driveway. The goal should be positioned on the side of the driveway that is furthest from the home (e.g., if the driveway is to the left of the home, the goal should be positioned on the left-hand side of the driveway). For other driveway configurations, consult the EH ARB for recommended placement. g) The goal must be properly maintained (including the net) and must be of proper construction. h) The base of a portable goal must be filled with sand or other suitable material to provide stability to the structure. Objects may not be placed on the goal’s base. i) Play is prohibited between sundown and 9:00 a.m. j) If the portable goal is to be folded down for maintenance or other reasons, it should be stored so as not to be visible from the street or neighboring properties.
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k) For both portable and permanent goals, the mounting pole must be black, pre-finished metal or painted a neutral earth tone. l) For both portable and permanent goals, the backboard must be gray, white, or clear acrylic; specifically, brightly colored or multi-colored backboards are not permitted. m) Portable goals will not be allowed in streets or cul-de-sacs at any time. 10. Swimming Pools, Hot Tubs, and Spas: a. Above ground pools are prohibited. b. Children’s wading pools are permitted without applications; however, depth shall not exceed one foot (12 inches), and diameter shall not exceed six feet. c. In-ground pools require an ARB application prior to construction commencement. (The application must include in-depth design plans as well as installation details.) Swimming pools will be screened from view and fenced in accordance with state building codes and/or applicable county ordinances. d. All hot tubs and spas require an application and are considered a major addition. Also, depending on proposed hot tub location, the ARB may require the homeowner to add additional landscape screening material. e. Inflatable hot tubs are not permitted. 11. Flag Poles: a. The installation of a free-standing flag pole requires an application. b. A free-standing flag pole must not be more than fifteen (15) feet tall. c. No more than one (1) house-mounted pole and one (1) free-standing pole may be installed on any lot. Property owners may substitute (1) additional house-mounted pole for the (1) free-standing pole, provided the house-mounted poles are in the front and back of the property, respectively. Note: For seasonal sporting/team flags, flag/pole height should not detract from the residential nature of the neighborhood. No commercial-sized (three feet by five feet (3 X 5 ft) or larger) or commercial-themed flags will be allowed.
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12. Satellite Dishes, Antennas, and Radio Receivers/Senders: a. The ARB will apply guidelines in the General Property Covenants Declaration, Article III (Additional Restrictions Affecting Lots and Condominiums), Section 11 (Limitation on Antennas, Etcetera). b. Satellite dishes will be no more than 40 inches in diameter. c. Although the Federal Telecommunications Act of 1996 states the HOA (ARB) cannot select the location of satellite antennas/dishes, the ARB would like to be given the opportunity to recommend least visible/intrusive locations on a home site. The following options (in order of preference) are recommended for antenna/dish locations: 1) Mounted directly on the rear of the house, on a roof plane facing the rear, or on the backside of a chimney. 2) Mounted on the ground in the backyard. 3) Mounted on a pole, existing other structure, or a tree in the backyard. 4) If no clear signal may be obtained in any of the above locations, mounted on the ground or, if necessary, on a pole in the front yard or on the front plane of the house. Note: Property owners should check the Eagle Harbor website (www.eagleharborhoa.com) under FAQs for additional sample photos of preferred satellite placement. d. Visibility of antennas should be minimized using one or both of the following methods: 1) Screening the antenna from view from the street with natural plantings, trees, or shrubs to the extent they do not compromise signal reception. 2) Using antennas with a dark or muted color or painting an antenna a muted color to blend with the background surface or with the surrounding landscape. 13. Awnings and Trellises: Sun control devices such as awnings and trellises must be compatible with the architectural style, character, and color of the house. The ARB reserves the right to prohibit the use of such devices on the front or back of any home if visible from the street. (See paragraph 16 for unique standards applying to properties which border/back on to Eagle Lake.) 14. Wells: The installation of a backyard well is considered a property modification and requires a formal application to the ARB. Note: Homeowners are warned that local well water has a high mineral content and leaves a rust-colored stain if used against porous and/or light-colored materials (e.g., concrete driveways,
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foundation bricks or stone, siding, etc.). If a property owner indiscriminately uses well water and such staining occurs, the property owner may be cited by the HOA for violating the basic General Property Covenants Declaration appearance standards and may be required to correct the infraction at their own expense. 15. Hose Reels: Permanently-mounted hose reels may be attached only to an unobtrusive side of the residence, preferably on the backyard side of the house. (See sample photo above.) 16. Unique Requirements – Homes Backing onto Eagle Lake and Celebration Park Grounds: These requirements apply to a limited number of premium lots/homes which encircle Eagle Lake. (These properties are considered “premium” because they surround the largest landscape feature of the neighborhood, Eagle Lake, and the public walkway surrounding the lake makes these properties’ backyards as visible as their front yards.) a. The underside of backyard decks must be fully enclosed with wooden lattice from grade to the bottom of the deck. b. HVAC units must be screened from the rear elevation/view. c. No backyard storage sheds will be permitted. d. No backyard playground equipment, sandboxes, swing sets, or playhouses are permitted. e. Backyard dog houses must be screened so as not to be visible from Celebration Park amenities (e.g., Clubhouse). Dog houses will be no taller than four feet (which may include a one foot high, peaked roof), and the style/size/color/materials/location must be included on the ARB Application. f. Non-retractable awnings are prohibited. Retractable awnings require an ARB Application and will be approved by the ARB on a case-by-case basis. (Please check the Eagle Harbor HOA website FAQ for photos of recommended samples.)
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17. Unique Requirements – Charthouse: The following neighborhood-unique standards apply: a. Single garage doors are required. b. No basketball goals/courts will be permitted. C. Architectural Standards (Construction): The following architectural standards apply to all EH non-condo residence construction: 1. Roof Pitch: all roofs must have a pitch of 8/12 (excluding dormers). (All dormers must be reviewed for compatibility with overall home design.) 2. Roofing and Guttering: a. Skylights are not permitted on the front plane of the roof. b. Gutters, downspouts and splash blocks are required. c. Gutters must be pre-finished and must complement house trim color. When replacing existing gutters and/or downspouts (or portions of them), no application is required; however, an application is required if an owner is installing gutters and/or downspouts for the first time or in any way altering the existing system (e.g., changing downspout color or relocating the existing gutters). d. Ridge vents must be discreet. e. Roof flashing must be copper or pre-finished to match the adjacent building materials. f. Roof penetrations must be low profile and pre-finished or painted to match roof color. They may not be on the front plane of the house and may not be visible above the ridgeline from a 10 foot perspective from the house (fireplaces are excluded). g. Shingle colors will be medium to deep brown or gray shades (charcoal or weathered wood), with a minimum standard of a 30-year, architectural shingle. 3. Exterior Facades and Siding: a. Primary facades will be faced with one or more of the following materials: six-inch beaded vinyl brick, stone, synthetic stucco, shake siding (either cedar or approved vinyl), approved horizontal lap siding, vertical board and batten style (on some Craftsman exteriors). Houses with more than one primary façade will use materials consistently on all facades. Brick and stone materials used on front elevations must return to the body of the house. Brick and stone materials must also wrap corners to side sections by at least 18 inches.
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b. Approved sidings are pre-finished vinyl (thickness of .040 or greater), natural wood, concrete siding (e.g., Hardiplank or Cemplank), and pre-finished seamless steel. Dutch lap vinyl siding, aluminum, and hardboard are not permitted on home exteriors. c. Trim must be finished with flat paint or stain. d. Overhead cornice trim on gable ends must be eight (8) inches minimum. (Cornices are decorative trim usually used around roof lines and are similar in effect to crown molding along an interior room ceiling.) e. The return on cornice and gables must be wrapped on the house front. f. Cornices must have a partial or full return. 4. Exterior Residence Color: a. Siding color is typically neutral with shutter and/or trim color providing contrast. (Standard neutral colors include, but are not limited to: white, cream, pale gray, beige, light tan, taupe, pale green, and pale yellow.) b. The original neighborhood color palette (e.g., siding, shutter, and front door combinations) is recommended as a guideline for acceptable property appearance. c. The same or a very similar color scheme will not be used on adjacent houses, houses directly across from each other, or houses in close proximity with one another. The ARB may reject a proposed siding or shutter color if it determines that the color has been used on too many houses in the same neighborhood. d. Front porches may be painted, stained, or unfinished lumber (lumber which has not been treated or stained). e. All exterior color changes require an ARB application. Shingle and metal roof colors will be submitted at the same time as the house color application. 5. Garages: a. All garages must be attached and have at least a one-car capacity. b. Garage doors must be consistent within specific neighborhoods: 1) Eagle Harbor “main” and Graystone require two separate garage doors for two-car garages, except for side-loading garages which may have a single door. 2) Charthouse requires a single garage door for two-car garages.
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c. Garage door detailing (e.g., panels, windows) must be consistent with the home’s exterior style. 6. Front Porches: a. Front porches require a six (6) foot minimum depth and must be built on brick piers or full underpinning. b. Finishing materials, trim, handrails, band boards and rails must match the character and style of the house. c. Wood steps must have enclosed risers painted to match the house. d. If the porch is elevated, it must be enclosed with lattice or full masonry above grade. e. The width of supporting columns must match the cap and be proportional to the beam, with column width minimum of 6 inches by 6 inches (boxed) or 8 inches (round tapered). f. Approved porch materials are wood, brick, or composite. 7. Chimneys: must be on the foundation, and finishing materials must match the house exterior. 8. Doors: a. Front doors: 1) Any change in style or color must be approved by the ARB. 2) Front doors may be finished with either flat or semi-gloss paint. b. Storm [screen] doors: 1) Shall be compatible in style and color with the house’s overall color and architecture. 2) Excessive ornamentation on glass panes (e.g., stained glass inserts, reflective crystal facets, gold veining, etc.) is discouraged. 3) Must be “full view” with no cross bars or members. 4) Door handles must be brass, brushed nickel, or match the storm door frame.
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5) Storm door frame color must match the trim or exterior door color. 6) Glass is to be full view with no bevel or full view with double-bevel design. No figure/character etchings or elaborate designs will be permitted. PART V. COMMON AREA ARCHITECTURAL STANDARDS A. Eagle Harbor Common Areas: The Eagle Harbor community is comprised of large and varied common areas (and associated assets) which include: Eagle Lake and the lake surround; the Eagle Harbor Clubhouse; the mini-golf course; the swimming pool complex (including the pump house); all five community entrances (with associated island gardens); all cul-de-sac gardens; all lamp post gardens; both sides of Eagle Harbor Parkway and its Harbor Towne Drive intersection; the walking bridge connecting Whippingham Parkway and Woodbridge Condominiums; and select gardens along Northgate Drive (Graystone). B. Common Area Architectural Standards are as follows: 1. Signage: all Eagle Harbor community-specific street/feature signs will be standardized in shape, color, and lettering type and size. (See sample photo above.) 2. Clubhouse Standards (including the pump house and trash shed): a. Exterior paint colors follow residential guidelines (see PART IV), and the Clubhouse and pump house will match in colors for common features (e.g., siding, shutters, roofing, etc.). b. Clubhouse porch furniture and pool-side furniture will be neutral in color and as maintenance free as possible.
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3. Property Lighting: no exterior lighting will be directed outside defined common area boundaries (e.g., beyond lake-side fencing, into residential backyards). Any changes to common area lighting (including--but not limited to--light pole additions, facility security lighting, and artistic lighting) will be approved by the ARB prior to implementation. 4. Landscaping: any changes involving common area tree and shrub additions will be approved by the ARB prior to implementation. 5. Walkways: walkway composition will be five (5) feet wide brushed concrete pedestrian sidewalks and located where designated by subdivision plan filed with Isle of Wight County Planning and Zoning. PART VI. ARCHITECTURAL GUIDELINES A. Alterations Not Specifically Described in this Document: This document cannot be all-inclusive because there are unlimited ways to modify property. If you as a property owner are going to make any modification to the exterior of your residence or your lot, you must submit an application and receive approval prior to proceeding. B. Decks: 1. Deck design and location will be considered on individual design merits (including but not limited to location, size, conformity with house exterior design/coloring as well as conformity with overall neighboring homes’ architecture/colors). 2. Deck railing may be wood, vinyl, or metal. 3. Approved deck finishing materials are treated wood, Polyvinyl Chloride (PVC), and vinyl. 4. Homes backing onto Eagle Lake and those on corner lots require lattice skirting on their backyard decks. PART VII. DOCUMENT SUPERSESSION: This document replaces the following document: Eagle Harbor Architectural Standards and Guidelines, February 18, 2011.
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APPLICATION FOR ARCHITECTURAL REVIEW
Date: ________________________
Owner(s): _____________________________________________________________________
Address: ______________________________________________________________________
______________________________________________________________________________
Home Phone:________________________________ Cell Phone:________________________
Email:________________________________________________________________________
______________________________________________________________________________
Description of ______ Alteration _____ Change _____ Addition
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
In accordance with the Declaration of Covenants and Restrictions, I/We are requesting approval for the following described Alteration/Change/Addition, and have enclosed the documents designated below:
Plans and specifications including type of materials to be used. Survey, Site Plan or Plat Plan showing location of addition or alteration on lot in relation
to existing structure. Illustration of any new or replacement components such as windows, doors, lighting,
gutters, etc. Description of plantings/trees to be removed or added. Photographs/drawings. Other: (Please describe):
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By signing below I understand that I am responsible for applying for applicable permits with the Isle of Wight County, Building and Zoning, and waiting for their approval before beginning the project if it is approved by the Eagle Harbor Architectural Review Board.
_________________________________ ___________________________________ Owner signature Owner signature
PLEASE RETURN FORM TO:
Chesapeake Bay Management
600 Thimble Shoals Blvd, Suite 200
Newport News, VA 23606
(757) 534-7751 / Fax: (757) 534-7765
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APPLICATION FOR ARCHITECTURAL REVIEW BOARD
PAGE 2
Final approval will be based upon information supplied in or with the application. This approval is limited to design criteria established by the Architectural Review Board of the Association and should not be interpreted as approval of any variation from restrictions or conditions imposed on the property owner by contract, other provisions of the recorded covenants, or any regulations or requirements of the local building inspector’s office.
I understand that I MUST wait for receipt of your written approval of this application before beginning the foregoing alteration and that approval of such alteration by the Architectural Review Board does not release us of our obligations to ensure that such alteration is in compliance with all local, state or federal ordinances.
ALL EXTERIOR ALTERATIONS MUST BE COMPLETED WITHIN 90 DAYS FROM THE DATE OF THE APPROVAL LETTER.
ARCHITECTURAL REVIEW BOARD ACTION
__________ Approved as submitted.
__________ Approved with the following stipulations:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
__________ Disapproved
By: ________________________ ________________________________ ______________ Printed Name Signature Date ________________________ ________________________________ ______________ Printed Name Signature Date ________________________ ________________________________ ______________ Printed Name Signature Date
