Introduction
The INDIGO Homeowners' Association Board of Directors and the INDIGO Homeowners' Association ARCHITECTURAL REVIEW COMMITTEE (ARC) have developed and adopted Architectural Guidelines which are enclosed along with an Architectural Application (ARC Application). Please make additional copies of the enclosed ARC Application for your use, or you may obtain additional ARC Applications from the Association's Management Company, Nevada Community Management, corporate office located at 9500 W. Flamingo Rd., Suite 204 Las Vegas, Nevada 89147 [email protected] Phone: 800-376-6826
Though few of us initially like the fact that we must submit our plans to an ARC for review and approval, many homeowners discover that the ARC review process is very helpful. Through the review process homeowners may discover that a particular improvement they are proposing will interfere with or alter drainage and cause flooding or water damage to the foundation, stucco, block walls, or other property belonging to the homeowner or his neighbors. At other times homeowners are grateful that an improvement that was not properly permitted and constructed next door to them will have to be removed and redone in accordance with building codes and duly inspected by the building department, because the CC&R's do require compliance with all governing agencies regulations and codes.
The ARC's purpose is NOT to impose the personal likes and dislikes of the members of the ARC on their neighbors. Article 7 of the CC&R's describes what the ARC does and information the ARC may require from you in order to review your request in a timely manner and be able to make an informed decision about your proposed project. Beginning construction prior to receiving written approval from the ARC, or failure to complete improvements in accordance with the approved plans and in compliance with all applicable governing agencies and building departments codes, ordinances and requirements are violations of the CC&R's.
Always keep in mind that violations of the CC&R's and these Architectural Guidelines are subject to action by the Board of Directors, which may include fines, penalties, or immediate restoration of the property to its condition prior to the unapproved work being done.
Please be reminded that work must NOT begin on any construction, alteration, addition, grading, excavation, removal, relocation, exterior repainting, demolition, installation, modification, exterior decoration, exterior redecoration, reconstruction of an improvement, improvement, or structure (be it permanent or temporary) UNTIL the homeowner submits a completed ARC Application to the ARC, in care of the Management Company (NVCM), along with all required information about the proposed plan(s), drawings and specifications that describe in sufficient detail what it is that you propose to do, processing fees and deposits required by the ARC, AND receives written approval of proposed plan from the ARC. (Please see Section 7.7 of the CC&R's).
General Comments
A. The function of the ARC is to review each submittal for conformity to the intent and provisions of the CC&R's. The ARC has 60 days from the date of receipt of the completed ARC Application to approve or disapprove the application. If the ARC fails to respond in writing within the 60 days then the item is deemed approved.
B. All work must be in a manner consistent with the architectural standards and color palette established by the original construction. Any work that does not comply with the architectural standards and color palette established by the original construction must be reworked to comply and all work will be done at the owner's expense.
C. The ARC's approval of proposals or plans and specifications shall not constitute a representation, warranty or guarantee, whether express or implied, that such proposals or plans and specifications comply with good engineering design or with zoning or building ordinances, or other governmental regulations or restrictions. By approving such proposals or plans and specifications, neither the ARC, the members thereof, the Association, the Board, nor Declarant, assumes any liability or responsibility therefore, or for any defect in the structure constructed from such proposals or plans or specifications. Neither the ARC, any member thereof, the Association, the Board, nor Declarant, shall be liable to any Member, Owner, occupant, or other Person or entity for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any proposals, plans and specifications and drawings, whether or not defective, or (b) the construction or performance of any work, whether or not pursuant to the approved proposals, plans and specifications and drawings.
D. Approval of plans is not authorization to proceed with improvements on any property other than the applicant's.
E. ACCESS THROUGH PRIVATE STREETS, ANY BREECH OF BLOCK WALLS, AND ACCESS OVER ANY COMMON PROPERTY NOT ONLY REQUIRES PRIOR APPROVAL OF THE ARC BUT ALSO A CASH DEPOSIT. Access for equipment used in construction must be over or through the applicant's own private property. Building equipment and materials must be contained on the applicant's own private property. Streets may not be blocked with equipment or building material. The amount of the cash deposit will be set by the ARC Committee and must be paid prior to approval being granted and work beginning. The Cash Deposit will be determined by the type of construction that is submitted. The minimum for a cash deposit or bond for a pool and/or inground spa installation is $2,000.00. The minimum cash deposit for the temporary removal and/or installation of a return block wall is $800. The Cash deposit is to ensure that any damage done to the common area and block walls is repaired in a timely, manner acceptable to both the Declarant and Association during Declarant's control, and to the Association thereafter, to assure that any damage done to streets, block walls or Association Common Areas and amenities is properly repaired in a timely manner.
F. In the event construction requires use of adjoining property, the applicant must first obtain written permission from the adjoining property owners and submit that written permission with the ARC.
G. After the ARC Application is reviewed by the ARC, Nevada Community Management will send you written notification of the ARC Committee's decision. Homeowners must start work on the approved improvements within three (3) months and must be completed within one (1) year of ARC Approval date.
Guidelines by Topic
THE FOLLOWING INFORMATION IS INTENDED AS A HELPFUL GUIDE TO THE MOST COMMONLY ASKED QUESTIONS REGARDING INSTALLING SOME TYPES OF IMPROVEMENTS TO A HOME. THIS LIST IS NOT MEANT TO BE ALL INCLUSIVE. PLEASE REFER TO ARTICLE 7 OF THE CC&R'S FOR MORE DETAILED INFORMATION.
1Air Conditioning Units or Equipment
The ARC must approve exterior air conditioning equipment other than the equipment installed as a part of the original construction.
2Awnings
Require prior written ARC approval.
3Balcony Decks / Roof Decks
Due to the fact that the Las Vegas Valley frequently experiences high winds, Owners must submit to the Association's Architectural Committee a written request for approval for any items that will exceed the height of the pony walls.
WITH PRIOR ARC APPROVAL ONLY, for items that will exceed the height of the pony walls, these items must be secured while in use and may be required to be stored and secured below the height of the pony walls when not in use.
Owners do not need to submit an ARC Application for items that will not exceed the height of the pony walls. However, the items that are placed below the height of the pony walls must be secured at all times.
Patio Umbrellas and other temporary shade structures may be used without ARC Approval ONLY IF the following conditions are met: 1) The item(s) must be in harmony with the community's architectural design and color scheme of the community; 2) The item(s) must be secured while in use; and 3) When the item(s) is/are not in use, it must be stored and secured below the height of the pony walls.
IN ALL INSTANCES, the installation of a pool, hot tub or spa of any kind, sauna, trampoline, and/or charcoal barbecue(s) is strictly prohibited. The foregoing prohibitions are based in part on the weight bearing capacity of the Roof Decks and Balcony Decks as well as other safety concerns.
The operation and/or storage of any type of barbeque or grill on front porch and/or front Balcony Decks are strictly prohibited. Only gas/electric grill(s) or barbeque(s) are permitted in the designated area on Roof Decks or in backyards and stored away from street view.
Each Owner is personally responsible to maintain and not compromise the structural integrity of the pony walls on the Owner's Dwelling. Therefore, no permanent structure or Improvement may be attached to a pony wall unless the Owner demonstrates to the Architectural Committee's satisfaction that such structure or Improvement enhances the structural integrity of the pony wall.
4Basketball Poles and Backboards (All types including portables)
Must receive prior written approval from the ARC. (CC&R's Section 8.14)
5Decks and Balconies
Must receive prior written approval from the ARC.
6Drainage
A) Each owner must not interfere with, alter or impede the natural or established drainage on the property. Approval of plans granted by the ARC will be based upon the owner's assurance that he/she has not changed the drainage or has consulted with professionals to insure that positive drainage is maintained and that no alteration is being made that could potentially result in flooding or water damage. THE HOMEOWNER IS SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO: 1. THEIR OWN PROPERTY (INCLUDING, BUT NOT LIMITED TO, DWELLING, FOUNDATION, BLOCK WALLS, LANDSCAPING, AND PERSONAL BELONGINGS). 2. THEIR NEIGHBORS' PROPERTY (INCLUDING, BUT NOT LIMITED TO, DWELLING, FOUNDATION, BLOCK WALLS, LANDSCAPING AND PERSONAL BELONGINGS, AND 3. THE COMMON AREAS.
B) To help prevent and/or control water damage to foundations and/or walls, each Owner covenants, by acceptance of a deed to his or her Lot, whether or not so stated in the deed, to not cause or permit spray irrigation water or sprinkler water or drainage on his or her Lot to seep or flow onto, or to strike upon, any foundation, slab, side or other portion of Dwelling, wall (including, but not necessarily limited to, Party Wall and/or Perimeter Wall), and/or any other Improvement.
7Exterior Lighting (Additional)
Must obtain prior written approval from the ARC. This includes, but not limited to, coach lights, pathway/landscaping/decorative lights, as well as modifying existing lighting.
8Exterior Paint
Prior written ARC approval is required for any proposed CHANGE to the original exterior paint colors originally established by builder. No ARC approval is required for repainting the exterior of your home with the exact same colors established by builder.
https://www.dunnedwards.com/colors/archive/color-ark_pro/indigo/indigo
9Fencing, Gates and Walls
All gates, fences, block walls, or extensions of same that were not part of the original construction require prior written ARC approval.
Unacceptable fence, wall and gate materials include, but are not limited to: aluminum, sheet metal, wire, plastic webbing, reeds, and bamboo, glass block, wood, panels or woven board.
10Landscaping
Changes to the landscaping must be submitted and approved by the ARC EXCEPT that: Normal maintenance of landscaping or replacement of dead or dying plants, shrubs or trees does not require approval of the ARC unless you are altering the previously approved landscape plan any way that might affect drainage, reduce the number of trees and shrubs, or change the dominant elements of the plan. For example: If you are adding a raised planter, concrete paths or pads, mounds, or replacing grass with desert landscaping (or vice versa), or reducing the amount of plant material, you must receive written approval from the ARC prior to work beginning.
A) LANDSCAPE STANDARDS THAT MUST BE MET:
1) Automatic irrigation system must be used to water plant material and said system must be maintained in good working order. The automatic irrigation system must also remain aesthetically consistent with the design and plan of the community.
2) Canopies of those trees abutting or overhanging the community walkways, common areas and private streets shall be kept trimmed to insure that seven (7) feet above said walkways, common areas and private streets are kept clear of foliage and limbs.
3) All shrubs and plant material shall be trimmed to insure they do not encroach upon community walkways and private streets.
4) Based on the Soils Report prepared by GeoTek, Inc. on 9-22-06, all tree and plant materials must remain three (3) feet away from any block wall and dwelling UNLESS Homeowner installs a polyethylene moisture barrier to protect the foundation of the home and/or block wall footings to plant materials less than three (3) feet away.
5) To help prevent and/or control water damage to dwelling, foundations, stucco and/or block walls (including, but not necessarily limited to, Party Wall and/or Perimeter Wall):
a) no mounding, no grass, spray/pop up irrigation or sprinklers may be located within three (3) feet of block walls, fences, dwelling and/or any other Improvement; and
b) each Owner covenants to not cause or permit spray irrigation water or sprinkler water or drainage on his or her Lot to seep or flow onto, or to strike upon, any foundation, slab, side or other portion of Dwelling, wall (including, but not necessarily limited to, Party Wall and/or Perimeter Wall), and/or any other Improvement.
6) All trees planted within five (5) feet of hardscape (driveways, sidewalks, patio slab, etc.) requires a root barrier to be installed.
B) BACKYARD LANDSCAPING MINIMUM STANDARDS: Homeowner must submit an ARC Application for and obtain approval of plans for rear yard landscaping and complete installation of such landscaping within twelve (12) months from the original close of escrow date from developer to owner. The ARC Committee will take under consideration the time of year when considering extensions for completion dates. However, plans must be submitted and approved by the ARC prior to original deadline for completion. ARC Submittals must be submitted as a complete project and will not be reviewed in phases. If a landscape proposal includes installation of a pool and/or spa, the ARC may consider reducing the landscape requirements if the ARC deems such a reduction is appropriate. Back yard landscaping shall consist of at least the following:
a) 6 installed - plants or shrubs – minimum size allowed is 5 gallon
b) Appropriate ground cover (i.e., decomposed granite rock, synthetic grass or combination of both, etc.) over all dirt areas. Minimum ground cover must be at least 2 inches in height.
c) Adequate irrigation to sustain the plant materials installed.
C) LANDSCAPE MATERIALS NOT PERMITTED:
1) White or artificially colored rocks, sandstone rocks.
2) Cactus or plant material with thorns located within eighteen (18) inches of public walkways, private streets or common areas.
3) Common Mulberry, Common Olive, Cottonwood, Weeping Willow, Poplar.
D) The use of decorative granite landscaping rock and gravel is permitted and encouraged. The complete landscaping plan, including type and color of decorative landscaping rock and color of other materials, must be submitted for approval.
E) All statues, temporary ornamentation and embellishments homeowner proposes installing in front yard must be submitted for approval prior to installation.
11Exterior Patio Furniture Visible from Street
Does not require prior written approval from the ARC provided:
A) Must be in harmony with the community's architectural design.
B) Must be in good repair.
C) Must be of a pre-approved color AND in harmony with the color scheme of the home. Acceptable Colors: Tan, beige, bone, grey, charcoal, creme or dark green
D) Must be made of pre-approved materials. Acceptable Materials: Wood, canvas, wrought iron, wicker, and/or powder coated metal
E) Must be limited to no more than 3 pieces of furniture that properly fit on the front porch and/or front balcony or must maintain a reasonable amount of open space on the front porch and/or front balcony.
F) Can not be placed anywhere other than the front porch and/or front balcony (i.e. not the driveway, front yard, between houses, etc.).
G) Plastic and folding chairs must be stored out of street view when not in use (beach chairs, lawn chairs, etc.).
H) Potted Plants are limited to no more than four (4) potted plants, the plants must be live vegetation and the color of the pots must be harmony with the color scheme and design of the home. All plants must be maintained properly.
The operation and/or storage of any type of barbeque or grill on front porch and/or front balcony are strictly prohibited.
All other items/furniture visible from street view requires prior written approval from the ARC.
12Patio Slabs, Patio Covers and Gazebos
Must receive prior written approval from the ARC. No portion of a Gazebo shall exceed the height of twelve (12') feet at its highest point. The homeowner must submit copy of building permit, where required, BEFORE work begins.
13Play Equipment
A) Commercially constructed play equipment can be installed in the rear yard and does not require prior ARC approval, PROVIDED 1) no portion of the equipment exceeds the height of twelve (12') feet at its highest point, and 2) the equipment is adequately screened from street view.
B) Any proposed play equipment that will exceed the maximum height must receive prior written ARC approval.
14Pools and Spas
Must receive prior written approval from the ARC.
A) Rear and side yard set backs must meet requirements of the governing agency.
B) Positive drainage, as established per code must be provided to assure that neither water damage, nor flooding will occur
C) Water falls, and other features must be built or placed no less than three (3) feet away from all property line walls, fences and gates, and must comply with requirements of governing agency.
D) Water slides and/or other related pool accessories must have AR approval and must comply with requirements of governing agency.
E) A minimum cash deposit of $2,000 or $2,000 bond must be submitted with the ARC Application and pool/spa contractors plans. It is recommended that the contractor pay the deposit, as these monies will be used to repair any damage the contractor, his subcontractors, agents or assigns does to the streets, curbs, gutters and sidewalks. Additional cash deposit may be required prior to ARC approval being granted.
15Potted Plants Visible from Street
Do not require prior written approval from the ARC, provided there are no more than four (4) potted plants, the plants are live vegetation and the color of the pots are in harmony with the color scheme of the home. The plants need to be properly maintained.
16Satellite Dishes / Receivers / Antennas
SATELLITE DISHES NO LARGER THAN 39" IN DIAMETER may be installed without prior written ARC approval (Please see 8.11 of the CC&R's), provided:
A) The dish is installed in a professional manner and cord, cables, wires and dish are properly mounted and secured
B) Cable, cord or wiring is not draped, strung or hanging in a manner that is visible from the street fronting home;
C) The dish is located in the most discrete location possible in order to receive adequate signal (behind block wall, at ground level within backyard is the least objectionable location).
D) All other satellite dishes which exceed 39" in diameter, as well as antennas, cables, towers, or other poles must be submitted to the arc for prior written approval before any work or installation may begin.
E) The cable, cord and/or wiring must match the color of the house or be painted to match the color of the house.
17Screen Doors, Security Doors and Storm Doors
A list of acceptable door designs is on file with the Management Company. Approval must be obtained prior to installation.
18Security Bars
Must receive prior written approval from the ARC.
19Solar Screens
Do not require prior written approval from the ARC, provided the color of the Solar Screen is a pre-approved color AND is in harmony with the color scheme of the home.
Acceptable colors (frame/screen): White, Creme, Bone, Grey, Bronze, Beige, Tan, Charcoal
20Storage Sheds and Utility Buildings
Must receive prior written approval from the ARC.
A) Must not be visible from the street or common area unless the ARC deems that adequate landscaping is provided to alleviate the visual impact.
B) Must be in harmony with the color palette of the home and architectural style of the community.
C) Minimum set backs requirements must be met.
21Windows / Window Coverings
Mirror and/or Reflective finishes are strictly prohibited. Any alteration, modification, relocation and/or removal of a window(s) that may be visible from the street, must first be approved in writing by the ARC before said work is done. Homeowner must install window coverings and/or draperies within 60 days of closing escrow on all windows and glass doors (Please refer to Section 8.22 of the CC&R's). Homeowner must seek ARC Approval prior to the installation of: painted and/or stained-glass windows and/or any other decorative item placed over entire window.
22Coach Lights
A list of acceptable light designs are on file with the Management Company. Approval must be obtained prior to installation.
Acceptable colors: White, Creme, Bone, Grey, Bronze, Beige, Tan, Charcoal
23Security Systems
Must obtain prior written approval from the ARC. This includes, but not limited to, doorbell/peephole cameras, exterior wall mounted cameras and motion-sensored lighting/cameras, door mounted "No Solicitation" signs (no larger than 7 square inches), and security company yard signage.
THE BOARD MAY IMPOSE FINES AND PENALTIES FOR VIOLATIONS OF THE GOVERNING DOCUMENTS, INCLUDING THESE ARC GUIDELINES.
THE ARC GUIDELINES ARE SUBJECT TO CHANGES, ADDITIONS AND/OR AMENDMENTS UPON APPROVAL OF A MAJORITY OF THE BOARD OF DIRECTORS.
Amendments to the Architectural Guidelines
The Architectural Guidelines may be modified from time to time pursuant to the following criteria:
1. Amendment must be approved by a majority of the Board of Directors.
2. Owners are welcome to submit their written recommendations for changes to the ARC Guidelines to the Board of Directors.
3. Upon adoption by the Board, the Board shall cause the revised ARC Guidelines to be mailed to all homeowners and the revised ARC Guidelines shall become effective thirty (30) days after the date they were mailed.
In the event that there is a conflict between the Architectural Guidelines and the CC&Rs, the CC&Rs shall prevail.
Nonliability for Approval of Plans
The ARC's approval of proposals or plans and specifications shall not constitute a representation, warranty or guarantee, whether express or implied, that such proposals or plans and specifications comply with good engineering design or with zoning or building ordinances, or other governmental regulations or restrictions. By approving such proposals or plans and specifications, neither the ARC, the members thereof, the Association, the Board, nor Declarant, assumes any liability or responsibility therefore, or for any defect in the structure constructed from such proposals or plans or specifications. Neither the ARC, any member thereof, the Association, the Board, nor Declarant, shall be liable to any Member, Owner, occupant, or other Person or entity for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any proposals, plans and specifications and drawings, whether or not defective, or (b) the construction or performance of any work, whether or not pursuant to the approved proposals, plans and specifications and drawings.