BERKELEY
RESIDENTIAL IMPROVEMENT GUIDELINES

    The BERKELEY Architectural Review Committee (ARC) has put together the following guidelines to aid in reviewing residential home improvement request.

    This paper is a guide for BERKELEY homeowners. It is hoped that it will increase homeowners’ awareness of their obligation to abide by the Declaration of Covenants. Every BERKELEY homeowner should have received a copy of the covenants at closing or (starting in June 1994) from our Welcoming Committee. Occasionally this information is not provided by the seller or overlooked by the homeowner during the shuffle of paperwork during closing. Since these covenants “run with the land,” they are binding to all BERKELEY homeowners and should be understood and followed.

    According to Article VII of the Berkeley 4 and 5 covenants (similar information can be found in Article V of the Berkeley 1,2 and 3 covenants), an Architectural Review Committee (also referred to in the covenants as the Architecture Control Committee or ACC) has been established and is active in our community. This committee was appointed by the initial Board of Directors of the Berkeley Homeowners Association and will be maintained (as provided by the covenants) by the current and successive Boards of Directors. Article VII is reprinted for your information.

Article VII
Architectural Review Committee

7.1.1     No structure, whether residence, accessory building, tennis court, swimming pool, antenna (on a     structure or on a lot), flag poles, fences, walls, treehouses, platforms, exterior lighting, or other     improvements, shall be constructed or maintained upon any lot and no alteration or repainting to     the exterior of a structure shall be made and no landscaping performed unless complete plans,     specifications, and lot plans therefore, showing the exterior design, location of the structure     plotted horizontally and vertically, the location and size of drive ways, the general plan of     landscaping, fencing, walls and windbreaks, and the grading plan shall have been submitted to and     approved in writing by the Architectural Review Committee, and a copy of such plans,     specifications, and lot plans as finally approved deposited with the Architectural Review     Committee. Only house numbers which are furnished by the Declarant shall be used and     maintained on the Property. All mail boxes used must be approved by the Architectural Review     Committee. Paraphrased: The Architectural Review Committee shall be composed of three or     more representatives and appointed by the Board of Directors of the Association.

7.1.2     The Architectural Review Committee shall exercise its best judgment to see that all     improvements, construction, landscaping and alterations with the Property conform to and     harmonize with existing surroundings and structures.

7.1.3     The Architectural Review Committee shall approve or disapprove all plans and requests within thirty (30) days     after submission. In the event the Architectural Review Committee fails to take any action within thirty (30) days     after requests have been submitted, approval with not be required, and this Article will be deemed to have been     fully complied with.

7.1.4     A majority vote of the Architectural Review Committee is required for approval or disapproval of proposed     improvements.

7.1.5     The Architectural Review Committee shall maintain written records of all applications submitted to it and of all     actions it may have taken.

7.1.6     The Architectural Review Committee shall not be liable in damages to any person submitting requests for     approval or to any owner by reason of any action, failure to act, approval, disapproval, or failure to approve or     disapprove with regard to such request.

The role of the Berkeley ARC is to:
*     increase residents’ awareness and understanding of the covenants
*      provide uniform guidelines to be used in the review of applications to make external changes
*      approve exterior alterations which are in harmony with the immediate
    neighborhood and the community as a whole
*      ultimately maintain or improve the property values of BERKELEY

The intent of the ARC is to assure residents that standards of quality will be maintained. This, in turn, protects property values and enhances the overall environment. It is the hope that cooperation with the ARC will benefit all homeowners and protect your financial investment. We hope that when you purchased your home, Berkeley looked like a nice place to live. Maintaining that impression depends upon constant maintenance. The ARC will work to strike a balance between the needs and desires of individual homeowners and those of the community as a whole.

    The following guidelines are just that - a guide - and do not constitute a complete list of concerns. They do, however, seek to focus on major areas of concern.

    According to the covenants, exterior changes to your property must be approved by the ARC. It is important to understand that the requirement for committee approval is not just limited to major alterations such as putting on an addition. Exterior changes such as those outlined below must also be approved by the ARC. Such changes include (but are not limited to):

    -ROOM ADDITIONS - Must match the lines, colors and style of your home; conversions of garages to dens     are not allowed. Covenants for Berkeley 4 and 5, paragraph 8.1.3 states, “Garage conversions are prohibited.     Garages may not be structurally altered as an extra room addition or for the purpose of any residential or     commercial use.” Similar language appears in Section 8.1 of the Berkeley 1, 2 and 3 covenants.

    -ROOF COLORS - All roofs must be completed with asphaltic “weathered wood” (gray) or equivalent color     (approved by the ARC). Any plan to alter from this specification must be approved by the ARC.

    -FENCES - The developer has set the standard for wood stockade fences. Chain link fences are prohibited.     Construction of fences upon lots must be approved by the ARC (see 7.1 .1 above or Article V of the Berkeley     1, 2 or 3 covenants),

     -DECKS, PATIOS - must match the style and flow of the existing home

    -STORAGE BUILDINGS, PLAYHOUSES - Shall not be visible from the street and will not be built in the     easement. Tin or metal buildings are not allowed; (i.e., structures should match the architecture of your home).

    -SOLAR EQUIPMENT, TV ANTENNAS - shall not be visible from the street or neighbors’ house; Those     homes with cable vision antennas (those subscribed to AntennaVision) before cable was available to the locale     are grandfathered; Ham radio antennas are not allowed.

    -SWIMMING POOLS, HOT TUBS - below ground or deck level

    -EXTERIOR LIGHTING - Shall not be disruptive to your neighbor (i.e., floodlights that shine into their     windows; strobe effect lights, etc.)

    -EXTERIOR PAINT COLORS - colors which will most likely be approved are best described as those which     do not offer harsh contrast with your neighbor. Unusual garage door colors or art work is not acceptable.

    The proposed alterations must be compatible with the characteristics of adjoining houses. Compatible is defined as similar in color, architecture-style, material, and quality of workmanship. The effect of your plans on the property values of neighboring properties is an important consideration. Any plans that make your home strikingly different from other BERKELEY homes are not acceptable; uniformity is a value which the Committee views as a means of protecting all of our property values. The Committee also recognizes that personal concerns are also important to homeowners. Efforts will be made to arrive at compromises that protect community values while also providing for the needs and desires of individual homeowners and their neighbors.

    In addition to approving exterior change, the Committee monitors routine maintenance of BERKELEY properties. This includes, but is not limited to, items such as lawn and landscape care, trash removal, and structural repairs. Proper maintenance increases the visual character and property values of our community.

    Additional guidelines that we should set for ourselves (or that are addressed in the covenants) include:

    -HOLIDAY DECORATIONS - Do not put up more than 30 days in advance; must be taken down not later     than two weeks after the holiday

    -SIGNS - conform to city regulations; garage sales and political signs

    -VEHICLES - Discourage extended parking of inoperable vehicles in the streets. This also includes campers,     boats, and mobile homes.  Paragraph 8.1.2 of Berkeley 4 and 5 covenants (Section 8.7 of Berkeley 1, 2 and 3     covenants) addresses this issue and is reprinted for your information. “Boats, trailers or other vehicles, including,     but not limited to recreational vehicles, which are not normally used as daily transportation, may be kept on a lot     provided that they are totally concealed in a garage. Under no conditions may a detached structure or a trailer     of any type be occupied, temporarily or permanently, as a residence.” If there is a requirement for extended     parking (longer than 72 hours), then the ARC will issue permits. Extended permits to leave these types of     vehicles at a residence for the summer are not permitted. If you are planning to use a vehicle of this nature, you     may temporarily park it overnight in your driveway (do not block sidewalks) to aid in loading. In this case, this     type of vehicle should not remain on your lot for a single period of time longer than 24 hours. Driving the vehicle     around the block does not count as “starting a new 24 hour period.”.

    Homeowners should feel free to contact the Review Committee whenever they have questions about possible residential improvements. Homeowners should also feel free to contact the Architectural Review Committee if they disapprove of unapproved changes that neighbors have already made. Such contacts will be kept confidential.

    When a proposed alteration has possible impact on adjacent properties, it is suggested that you discuss the alteration with those adjacent neighbors. The committee may occasionally require additional information and reserves the right to delay your request until all additional information has been submitted. Please allow 30 days for approval or denial of your plans. Each application is reviewed on an individual basis.

    The Committee may monitor the progress of work being done by an applicant to insure that it is being performed in accordance with the request and approval. If improvements are done without obtaining approval or were not done with substantial compliance with approved plans, the Review Committee will notify the owner in writing of failure to comply. It will also request that the owner take such action as may be necessary to remedy the noncompliance.