FSHOA Architectural Committee
5/15/2008 I. Purpose and Responsibilities of
the Architectural Committee The value of our neighborhood is enhanced
by the consistency in character and high quality appearance of homeowner
properties. Maintaining these standards of quality and character is
the concern of your Architectural Committee. The Architectural
Committee has two major responsibilities towards this end:
The committee is committed to treat all
homeowners fairly and with respect. II. Homeowner Requirements of Concern to the Architectural Committee The Protective Covenants of FOUR SEASONS (CC&Rs), signed and agreed to by each owner when purchasing property within FSHOA, are “protective” in that they were created and are enforced to insure continuing neighborhood quality and homeowner value. Several important Homeowner Requirements of concern to the Architectural Committee are summarized from the CC&Rs below:
Homeowners, of course, must also comply
with City of Beaverton code. It is the owner’s responsibility
to determine and secure necessary approvals and permits. It is
always a good idea for homeowners to discuss intended changes with their
neighbors before starting the project. III. The Request Process Requests for all planned improvements/changes
to property appearance (roofing, painting, external remodeling, landscaping,
fencing, tree removal, etc.) or for exceptions to HOA regulations (such
as over-night parking of an RV) are to be made in writing to the Architectural
Committee and approved before implementation is begun. Because some requested changes are denied
or are allowed only after agreed upon modifications of the request,
it is important to gain approval before starting work. Please submit
requests three weeks before work is to begin so that Architectural Committee
members can receive, review and respond to the request. Requests
may be submitted by email to fourseasonsarch@msn.com or they
may be mailed to the HOA post office box (please allow several additional
days). Responses from the Committee are communicated
to the homeowner and published in the HOA Newsletter. If no response
is received within 30 days of receipt of written request, the request
can be considered approved. Approvals expire after six months and projects
not completed within that time are to be resubmitted for approval. If a request is denied, the homeowner
may appeal to and be heard by the Board of Directors. The BoD
also reviews and votes at board meetings on accepting Architectural
Committee decisions. Sub-HOAs: Please note that
Crystal Brook, The Heights, and The Villas have their own Architectural
Committees. Homes in these sub-HOAs have their own (very similar)
CC&Rs and are bound by FSHOA regulations, but submit their requests
to their own Architectural Committee. Summerville Square uses
the FSHOA Architectural Committee. IV.
Guidelines for Architectural Committee Approval--Standards for Quality
and Consistency To facilitate consistency in actions
and decisions on homeowner requests, the committee has endeavored to
articulate some of these “standards” as Guidelines. These Guidelines
can be useful to HOA members in that they provide information as to
what kind of requests are likely to be approved. The Guidelines are
what the name implies and the Committee will exercise judgment and reason
in evaluating requests (as was encouraged by the Homeowners in the 2006
survey). They were first published in 2006 and updated in 2007
and 2008 by the Architectural Committee. These Guidelines will be applied when
considering homeowner requests, but will be only infrequently employed
to require that homeowners change what is in place. On the other hand,
neither having a certain style currently in place nor finding an existing
example of a given style in the neighborhood (“a precedent”) is
sufficient reason to approve repetition of the same style or make the
same decision in a new request—if the committee determines it made
a mistake, it is not required to repeat the mistake. General: As a general principal, our neighborhood will maintain a consistent character by using materials and styles that may be characterized as Contemporary or as “Pacific Northwest Natural”. Features that are distinctly Early American, Colonial, French Provincial, Arizona, New Orleans, etc. appear out of place. If these features are felt to be primary or particularly conspicuous, the Committee will likely deny these requests. Roofs: Cedar shakes are to be “above average quality medium to heavy”. Fiberglass based composition shingles with “no less than 350 pounds/square weight with an appearance, style, and color that represents a cedar roof from new to aged shakes” may be used. “The areas known as The Heights and Village Place shall continue with the type of composite they currently now have.” Quoted sections are from the BoD meeting as reported in the May 2005 Newsletter. Composition roofs in our neighborhood are mostly Certainteed Presidential, with frequent use of colors Autumn Blend, Weathered Wood/Country Gray, and Shadow Gray. Other materials that have been used include Certainteed Aged Bark and Charcoal Black and Pabco Oakwood. Homeowners are encouraged to use one of these, or if not, to provide a sample shingle and allow plenty of time for approval by committee members. Pabco Pewter Gray has been found unacceptable. Homes that share a common wall should be re-roofed at the same time for best protection and appearance (check with your neighbor and with your Sub-HOA Architectural Committee). Painting: All color schemes
for the painting or staining of a house are required to have the approval
of the Architectural Committee—even when planning to stay with the
same colors. Garage doors are to be the same color as the house siding
(effective May 4, 2003); this will be a requirement for new house painting
requests. If desired, the Architectural Committee can provide a professionally
selected, broad spectrum of coordinated color schemes that work well.
In keeping with the “Pacific Northwest Natural” guideline, the committee
is likely to deny requests to paint houses an “Easter egg” pastel
color. Likewise, white and bright colors are discouraged.
Color choices for front, side and back doors have more flexibility. Grass and Plants: The appearance of the land around the buildings has a major visual and value impact on property. Front yards benefit from having some grass and plants that provide all-season color—every property should contribute at least some green. Annual flowers look nice when growing, but are probably best used as borders or accents. Many perennial flowers tend to be messy in winter—bare stakes should be removed and dead growth should be cleared. Artificial plants are not acceptable in landscaping.
Trees: Our trees add value
to our neighborhood, and removal (or topping) of any tree requires review
and approval by the Architectural Committee. City of Beaverton approval
is also required to remove trees between the curb and sidewalk. Approval
for tree removal will be conditional on removing or grinding the stump
and covering so the stump is not visible. It may be required to
replace the removed tree with an approved tree. Approval for removing
a sick or “problem” tree is more likely when supported by an arborist’s
report. Homeowners with a tree at risk of falling should submit
a removal request and have the tree removed after receiving approval
to avoid damaging property. Trees and shrubs must not interfere
with vehicular or pedestrian traffic on sidewalks and streets. Beaverton
and Four Seasons require that they be trimmed to provide 8 feet of clearance
over the full width of the sidewalk and 12 feet over the street. Ground Covering:
Bare ground is not acceptable—it quickly becomes overgrown with weeds
and the clay often develops large cracks when it dries. A weed-stopping
fabric or covering can help, but this is ugly and unacceptable if uncovered
and visible. A thick layer (3 inches minimum) of bark or other
mulch (with germination inhibitor) is an attractive solution to cover
ground around plants and between grass and walkways. The use of
river rock can be effective, if not overdone (a leaf blower is helpful
to keep it free of leaves, needles, etc.). These areas are to
be kept free of volunteer grasses and weeds. Accumulation of Debris:
Debris (pine needles, leaves, twigs, branches, litter, etc.) accumulates
after time, after storms, and sometimes during construction projects.
It is to be promptly cleared and removed from the property. Sidewalks and Driveways:
Homeowners are responsible for maintaining the concrete and blacktop
on their property. For safety, sidewalks and driveways must be clear
of moss and debris and free of dangerous uneven sections (e.g., raised
by tree roots, broken surface, etc.). Landscaping must be maintained
so that the full width of sidewalks is clear for pedestrians to a height
of 8 feet. Eliminate potential injury and liability situations. Parking Strips: Homeowners
are responsible for landscaping and maintaining this area in front of
their home between the sidewalk and the street. When submitting
your plan to the Committee, please consider possible impact on curbside
parking. Especially consider the requirement to maintain sidewalks
clear to 8 feet vertically and curbs to be clear for 12 feet vertically.
Junipers, for example, are often difficult to control and keep attractive.
Water meters, fire hydrants, mail boxes, etc., need to remain accessible.
Building up the curb is not allowed, but a sloped parking strip may
accommodate a step/terrace at least two feet behind the curb.
Owners are responsible for maintaining their mailboxes; Post Office
and Architectural Committee approval is required for changes.
Newspaper tubes are preferred to be black and are to be clustered with
mailboxes to preserve parking space. Fences: Fences may be approved for back and side yards. Fences are to be of wood with maximum height of six feet. Fences visible from the curb are usually best painted the same color as the house siding. A small section of wrought iron railing may be approved for use as a handrail or to enclose a courtyard.
Post Lamps: Our exterior post lamps provide auxiliary lighting to the streetlights, and they are an important unifying characteristic of our neighborhood. Residents are required to keep them operable and lighted when dark for safety and security. Exterior post lamps are to have a single head (preferably with two bulbs) and be painted a non-glossy black. House Numbers: Every home is to have house numbers that can be easily found and clearly read from the street—make them large and of contrasting color to the background. Waste Disposal Containers:
Containers from Waste Management for garbage, recycling, and yard debris
are to be at the curb only on the day of pickup. They are otherwise
to be kept out of view from the street. Most owners keep them in the
garage or alongside the garage behind a wooden screen or gate or tall
shrubs. Signs: The CC&Rs prohibit
display of signs in the neighborhood except for one professionally made
sign up to five square feet in area that may be posted on a private
property to indicate the property is for sale, lease, or rent. In addition,
a maximum of three movable A-frame style or staked signs (four square
feet maximum per sign) may be displayed within Four Seasons to direct
potential buyers to property, but only during the hours the home is
open to public viewing. Signs may not be placed in the public right
of way. Non-conforming signs may be removed and discarded. Parking: The CC&Rs
give the Architectural Committee authority to grant exceptions to the
parking restriction for trailers, etc. cited above. The committee
has determined that the likely intention of this provision is to allow
homeowners to load and unload recreational vehicles in preparation for
a trip and on return. The committee will consider approval for
infrequent requests to park an RV short term (typically overnight).
Exceptions to the no-parking rules are also likely to be approved when
they support property improvement projects (e.g., for a dumpster or
a utility trailer) with the expectation that work will be quickly completed.
Other requests are likely to be denied consistent with the CC&R
restriction. Antenna: One small dish
antenna for satellite video is allowed per home after approval of the
Committee for location and size. Any other antenna must be within the
house or garage. Private Swimming Pools: Owners are required to keep the water in good condition. Stagnant water can breed mosquitoes and is a health concern to the neighborhood and to the City of Beaverton. V. Non-compliance problems: When the Architectural Committee is aware
of situations of non-compliance with the requirements noted in section
II above, homeowners are contacted about the problem. Most non-compliance
problems are quickly resolved with a brief, informal communication with
the homeowners. Infrequently, it may be difficult to
communicate with a homeowner (lack of response to phone calls, email,
letters) or the homeowner may not follow through on required corrections.
If the Architectural Committee determines that the problem merits more
aggressive action, the homeowner will be formally notified of the problem
and required correction by mail and the matter may be taken to the BoD. The BoD may vote to assess a fine (information
in the following section) and, in some situations, may vote to hire
a maintenance person to correct the problem and bill the homeowner.
As noted below, the homeowner has the right to appeal to the BoD. VI. Resolution for Enforcement
of Regulations (fines): The following resolution, developed with
the FSHOA attorney, was approved by the BoD on May 4, 2008, mailed to
all homeowners on May 7, and is effective as of June 6, 2008.
1. “Association” is the Four Seasons Homeowners Association, an Oregon nonprofit corporation established by Articles of Incorporation filed October 10, 1969, in the office of the Secretary of State.
2. The Association is governed by the following: A. The Amended Declaration of Protective Covenants, Conditions, Declarations and Restrictions for The Four Seasons, recorded in Book 769, page 258 in the records of Washington County, Oregon on January 19, 1970; the Declaration of Protective Covenants, Conditions, Declarations and Restrictions for The Four Seasons No. 7, recorded in Book 799, page 253 in the records of Washington County, Oregon on November 18, 1970; and the Declaration of Protective Covenants, Conditions, Declarations and Restrictions for The Four Seasons No. 8, recorded in Book 822, page 904 in the records of Washington County, Oregon on June 2, 1971 (collectively, “Declaration”). B. The Bylaws of Four Seasons Homeowners Association (“Bylaws”). C. The Oregon
Planned Community Act, ORS Chapter 94.550-94.785. 3. ORS 94.640 and
Article X, Section 1(b) of the Bylaws vest the Board of Directors with
all of the powers and duties necessary for the administration of the
affairs of the Association. 4. ORS 94.630(1)(a)
and Article X, Section 1(c) of the Bylaws empower the Board of Directors
to Adopt Rules and Regulations. 5. ORS 94.630(2)(n) provides that the Board of Directors may levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association, after notice and an opportunity to be heard, if the fine is based on a schedule of fines adopted by a resolution of the Board of Directors.
6. ORS 94.709(5) provides
that fees, late charges, fines, and interest imposed, are enforceable
as assessments. 7. From time to time,
the Architectural Committee observes (or receives complaints from owners
regarding) alleged nuisances; improper, offensive, or unlawful activities
or use of the premises; or other alleged violations of the Declaration,
Bylaws, or Rules and Regulations. 8. The purpose of
the Declaration, Bylaws, and Policies of our homeowner association is
to maintain the quality and property values of our Four Seasons neighborhood.
The purpose of this resolution is to establish a schedule of fines so
that the HOA may more effectively support the enforcement of the regulations,
or more specifically, to motivate cooperation from the few members who
knowingly choose to violate the Association regulations that each owner
accepts when buying a Four Seasons property. II. RESOLUTION NOW,
THEREFORE, IT IS RESOLVED that: 1. All prior Enforcement
Resolutions or Financial Penalties Resolutions, if any, are rescinded
and are no longer of any force. 2. The procedure set
forth below shall now be the process for handling complaints and enforcement
of violations of the Declaration, Bylaws, and Rules and Regulations. 3. The Schedule of
Fines set forth below is adopted to determine the fines for violations
of the Declaration, Bylaws, and Rules and Regulations of the Association. III. process 1. Because the purpose of this resolution is to maintain quality in our neighborhood and not to collect fines, the Homeowner Association will first try to correct problems without the need for fines. Homeowners will be contacted (typically by the Architectural Committee) to explain the complaint and the violation and to discuss the need and plans for remedy. With communication and cooperation from the homeowner, this is typically adequate to eliminate or sufficiently reduce the concern and resolve the complaint. If not, the complaint may be taken to the Board.
4. Before issuing a fine, homeowners will receive written notice mailed to their address of record with the following information:
5. A fine may be assessed only after deliberation at an open meeting of the Board. The owner will be given reasonable notice of date, time and place of this meeting. The owner may attend to tell their side of the story and present evidence, but attendance is not necessary for the Board to make its decision. The Board decision is to be made at the meeting or may be taken under advisement. The decision of the Board and notice of any fines imposed and required payment schedule are to be promptly communicated to the owner. IV. schedule of violations and fines
2. For prohibited parking without an approved exception:
3. For display of un-allowed sign or signs after notification:
4. For making significant and potentially irreversible landscape or other property modifications without prior Board approval:
Fines not paid when
due will accrue an accumulating penalty of $10/week. Before pursuing legal
measures for collection, the Board will offer to use mediation services
from either city or county for dispute resolution. This offer
will be made in writing and delivered by certified mail with return
receipt requested. A lien may be filed
against property for the collection of unpaid fines/penalties and for
related expenses incurred (e.g., contracted labor to correct a maintenance
deficiency). The Board may seek reimbursement of any legal expenses incurred. Further legal action including initiation of foreclosure may be taken for unpaid fines and related expenses
This resolution and
the schedule of fines, if passed by the Board, will be effective 30
days after a copy has been mailed to each homeowner. Changes and revisions
may be made to this resolution with an affirmative vote of at least
three directors at a regularly scheduled Board meeting. Before
calling for this vote, the proposed changes will be published in the
Newsletter and Homeowners given the opportunity to make input. |