Courtyard at Redfields
Homeowners’ Association, Inc.
(Herein, “Association”)
Architectural Review Standards
As Amended March 1, 2017
The Courtyard Declaration provides that: “No structure shall be placed, erected or installed on any Lot, no construction (which term within its definition shall include staking, clearing, excavation, grading and other site work), no exterior alteration or modification of existing improvements and no plantings or removal of plants, trees or shrubs shall take place except in strict compliance with Article VII, Section 2 (of the Declaration) until the approval of the Courtyard Homes Architectural Review Board has been obtained.”
The commencement of any project as described above prior to obtaining the review and written approval of the Courtyard Architectural Review Board constitutes a violation of the Courtyard Declaration and will subject the violating party to the imposition of all charges and other legal and equitable remedies permitted under the Courtyard governing documents or Virginia law, including the possible initiation of an action for injunctive relief in the Circuit Court of Albemarle County to have any such structure, exterior alteration or modification of existing improvements or plants, trees or shrubs removed and the premises restored to its former condition all at the expense of the violating party. If litigation is initiated, the Association will be seeking recovery of its reasonable costs and attorneys’ fees incurred in the matter
Unless otherwise defined herein, all defined terms carry the meaning set forth in the Courtyard Declaration.
I. Application Process:
An application for architectural review submitted by the owner of a Lot that is subject to the Second Restated and Amended Courtyard at Redfields Declaration of Covenants recorded in the Clerk’s Office of the Circuit Court of Albemarle County, Virginia in Deed Book 4265, Pages 502, et seq, as amended (herein the “Courtyard Declaration”), is subject to initial review by the Courtyard Homes Architectural Review Board (herein the “CARB”) and final review by the Redfields Architectural Review Committee (herein the “RARC”) and, where applicable, the application must comply with both the Courtyard Architectural Review Standards and the Redfields Architectural Guidelines.
Applications are to be submitted to the Redfields Community Association, Inc. Property Manager and shall contain the items required by and listed in the Redfields Architectural Guidelines. The application form is available on the Courtyard at Redfields Homeowner’s Association website, the Redfields Community Association website or from the Property Manager. The Property Manager will make the applications simultaneously available to the members of both reviewing entities.
Courtyard at Redfields Homeowner’s Association, Inc. website:
http://courtyardatredfields.org
Redfields Community Association, Inc. website:
Property Manager:
Doug Brooks
1500 Amherst St
Charlottesville, VA 22903-5158
redfieldsmanager@gmail.com
II. Review Process:
The Courtyard Homes Architectural Review Board will, as soon as practicable after receipt with a goal of within 15 days, act upon all applications from Courtyard at Redfields Homeowners’ Association, Inc. member Lot owners and the Redfields Architectural Review Committee will complete its review and act upon such applications within 30 days of such receipt. If the applicant has not received one of the following written responses from the appropriate entity (which may delegate its authority to respond to the Property Manager) within the above timeframe, the application shall be deemed approved. Upon completion of the review the appropriate entity will provide one of the following written responses:
1. More Information Needed–
The applicant will be notified within a reasonable period after submittal if the application is incomplete and the review process will not continue until the incomplete information is supplied. Although the CARB and RARC will make every effort to complete their respective reviews within the above timeframe, this cannot be assured; and, if this cannot be done the applicant may be advised that the review period will be extended.
2. Approved–
This permits the applicant to proceed with the project without conditions or modifications.
3. Approved with Conditions–
This grants the applicant the authority to proceed with the conditions or modifications prescribed in the response. If the applicant then proceeds in response, the reviewing entities and both Associations shall conclude that the applicant has accepted the conditions or modifications, including the timeframe in which the addition, alteration or modification is to be completed.
4. Denied–
If the application is not consistent with the Courtyard Architectural Design Standards, the Redfields Architectural Guidelines or the Courtyard or Redfields Declarations, it will be denied. Nothing contained herein shall prohibit the applicant from amending the application and resubmitting it through the Property Manager. The denial may be solely at the discretion of the CARB or RARC in accordance with the applicable Standards or Guidelines.
III. Variance:
On a case-by-case basis, the CARB, in its discretion, may authorize a variance from compliance with any of these Architectural Review Standards and procedures when unique circumstances such as topography, natural obstructions, hardship, or aesthetic or environmental considerations require.
1. Within five (5) days of the receipt of a request for a variance, the CARB will give notice thereof to the Courtyard Board of Directors (herein the “Board”) and the Board shall have five (5) days from receipt of this notice to provide to the CARB a suggested response to the variance request.
2. Although the CARB is required to consider the Board’s suggested response, it is not required to reach the same conclusion.
3. If the CARB does not grant the variance in the form suggested by the Board, the applicant may appeal the denial to the Board which may authorize a variance subject to the same conditions listed in the first sentence of this Section IV.
4. The request for variance may be made on the standard application form and should contain sufficient detail to enable the CARB and Board of Directors to respond to the request. It is in the sole discretion of the CARB to determine whether this requirement has been made and, if not, the appeals process is concluded.
5. If the conditions or unique circumstances of the particular request for a variance require, CARB may grant the variance subject to express conditions, alterations or modifications. If the applicant then proceeds in response, CARB and the Association shall conclude that the applicant has accepted the conditions or modifications, including the timeframe in which the addition, alteration or modification is to be completed.
IV. Architectural Design Standards:
1. Style:
In addition to the requirements in these Design Standards, the CARB will consider the existing “Community-Wide Standard” when reviewing applications. The “Community-Wide Standard” shall mean the standard of conduct, maintenance or other activity generally prevailing throughout the Courtyard community as a unique neighborhood area. Such standard may be more specifically determined by the Courtyard at Redfields Homeowners’ Association, Inc. Board of Directors and shall include the right of the CARB to deny an application for purely aesthetic considerations. The most recently Community Wide Standard adopted by the Board of Directors appears in paragraph 12 of this Article IV.
2. Exterior Colors:
Siding
All exterior siding shall remain the original color of white, light gray or clay. The original vinyl siding may, with CARB approval, be replaced with an alternative siding of the identical color, with an architectural bead and reveal matching the original vinyl siding.
Garage Doors and Shutters
Garage doors and shutters must be of matching color and be repainted with one of five approved Sherwin Williams/Duron paint colors—“Charleston Green”, “James Geddy Green”, “George Davenport Green”, “Roycroft Bottle Green” or Black. With the approval of the CARB, the original color can be changed to another approved color under appropriate circumstances.
Trim
All trim, as determined by the CARB or Courtyard Board of Directors, must be white and, if replaced, shall be of PVC or fiber cement board. If repainted, it must be with Sherwin Williams “Duration Extra White”.
Front Doors
Front doors shall be repainted with the original stain or one of three approved Sherwin Williams/Duron paint colors—“Redwood”, “Farmhouse Red” or “Black”. Any change in color, including a change from an approved color to the original stain, requires CARB approval.
3. Accessory Buildings:
The Redfields Architectural Guidelines shall control except that no accessory building on a Courtyard Lot shall be erected or constructed on front or side yards, shall be located in a manner to avoid interference with routine yard maintenance and shall be in reasonable proportion to the available building space for such accessory building.
4. Fences:
Although all Courtyard Homes have privacy fences with a design that is unique to the Courtyard community, certain modifications in design and material, including the encouraged use of PVC, may be permitted with CARB approval.
Additional sections of privacy fence may be erected with CARB approval and any such additional sections must be similar in design, color, material and construction to the original fencing or the original fencing modified as permitted above.
Fences that are not “privacy fences” are permitted but must comply with the Redfields Architectural Guidelines, with the following additional conditions:
– All fences shall be white unless otherwise permitted by CARB.
– Fences shall be of a picket variety.
– Pre-manufactured sectional fence units will be permitted with CARB approval.
– Under unique circumstances and on a case-by-case basis, CARB may approve fences of a different style and different materials. Such approval may be granted with specific conditions or restrictions depending upon the unique
circumstances presented.
5. Decks, Pergolas and Other Exterior Components and Structures:
a. All decks shall have white railing and band boards unless otherwise permitted by the CARB.
b. Storm doors are permitted but must be of a complementary color, not unusually ornate and with prior CARB approval.
c. Hot tubs are permitted but must be screened with appropriate shrubbery or the existing privacy fence.
d. No temporary or permanent flagpoles shall be installed on Courtyard Lots. No more than one house-mounted pole on the front of the dwelling may display a flag no larger than 3’ x 5’.
6. Landscaping:
Trees:
No live trees shall be planted or removed without CARB approval. It is suggested that any new trees be of a slow-growing species and planted to minimize impact on lawn maintenance and should not endanger trim or other dwelling components. The Courtyard Community has examples of several of such species and inquiry of the Courtyard Landscape Committee is strongly suggested before submitting a landscape plan with the application.
Shrubs/Perennial Plants:
No live shrubs or perennial plants shall be planted or removed without CARB approval.
Bermside Plantings:
The bermside plantings are Courtyard Homes Common Area and under no circumstance should a homeowner plant or remove plants or shrubs therefrom.
7. Gardens:
Courtyard Lots are not of a size to encourage gardens and no garden plot should be installed that would interfere with the landscape maintenance function.
8. Mail Boxes and Community Post Lights:
Courtyard Homes’ joint mailbox posts, mailboxes and community post lights are maintained by the Association and their design standards, including repair or replacement, are controlled by the Board of Directors and, as such, are not subject to the RARC Guidelines. Under no circumstance should an owner change, alter, substitute or otherwise affect the appearance of the joint mailboxes or community post lights.
9. Decorative Elements:
The RARC Guidelines shall control, however the Community Wide Standard defined in paragraph 1 above shall also apply.
10. Play Structures:
The RARC Guidelines shall control, however the Community Wide Standard defined in paragraph 1 above shall also apply.
11. Solar Energy Collection Devices:
Solar energy collection devices, as defined in Section 67-700 of the Virginia Code, are permitted on Lots subject to the Courtyard Declaration. Because of the unique character of the Courtyard neighborhood, its homes and the small Lots with zero lot lines, each application to CARB will be considered on its own merits and will be subject to the following conditions and restrictions:
a. Size:
i. Modules or panels of solar energy collection devices shall be of the same size and shape and be placed together to avoid gaps between individual modules or panels.
b. Place:
i. Solar energy collection devices shall only be placed on the roof of the home and shall be placed in a manner so as to cause minimal physical, visual and environmental impact on surrounding Lots.
ii. Solar energy collection devices shall be installed in such a manner as to avoid interference with any of the easements set forth in the Courtyard Declaration.
iii. Solar energy collection devices shall be placed on the rear roof of the home if practical or on a side roof at a position as far from the street as is feasible unless the devices would be otherwise economically inoperable due to shade or orientation.
iv. Unless prohibited by code and to the extent possible, larger balance of system components such as string inverters and combiner boxes shall be installed inside the home or garage at or near the location of the electrical panel.
c. Manner of Placement:
i. Solar energy collection devices shall have a low profile and shall be flush mounted against the roof as close as hardware permits.
ii. Solar energy collection devices must be kept within the perimeter of the roof structure and should not be placed within one foot (1’) of the roof edge.
iii. No part of the installation should be visible above the peak of the roof on which it is mounted.
iv. All wiring, conduits, and mounting hardware must be unobtrusive and must be hidden or minimally visible.
d. General:
i. Installations of solar energy collection devices must comply with all applicable building codes and other governmental regulations and must be secured and maintained so that they do not jeopardize the safety of residents or cause damage to adjacent properties.
ii. If requested, applicant shall provide CARB with a certificate or other evidence of insurance protecting the Association and its Members from any damages resulting from the installation, maintenance or use of solar energy collection devices.
iii. Contractors installing solar energy collection devices shall be properly licensed in the Commonwealth of Virginia or as required by Albemarle County–including Virginia Class A Contractors and Alternative Energy Systems Contracting Licenses–and shall be fully insured. Members are encouraged to use contractors that are also certified by the North American Board of Certified Energy Practitioners (NABCEP).
iv. Applicant Member shall not permit the solar energy collection system to fall into disrepair or become a safety hazard and will be solely responsible for all maintenance, repair and replacement.
v. In addition to the items that must be submitted with each application, the applicant shall also provide a scale drawing of the proposed placement of the collection devices, detailed information regarding size, installation details, materials, color and manufacturer’s brochure as well as evidence of any product repair, maintenance or replacement warranties provided by the installer or the manufacturer.
12. Other Exterior Features:
Exterior House Lights (Porch, Garage or Patio): Any change from the original builder-installed porch, garage or patio light fixture shall be approved by CARB and shall be of a fixture designed for outdoor use and similar in architectural design to existing post lights.
13. General:
In addition to the foregoing standards, any addition, alteration or modification to a Courtyard Lot or dwelling that is visible from the street or adjacent property shall require approval from the CARB in accordance with these Design Standards and the application process. In assessing any reasonable modification to a Lot or dwelling to permit the full enjoyment of the premises, CARB and the Association will fully comply with all applicable local, state and federal laws with regard to access to property.
In addition to the requirements in these Design Standards, the CARB will consider the existing “Community-Wide Standard” when reviewing applications.
The Board of Directors considers the Community-Wide Standard as a continuation of the planned development of Courtyard Homes as envisioned by the original builder and its architects. This would mean that there should be no change of the original color of siding, garage doors or shutters except under very specific and exceptional circumstances and then only with CARB approval. The current position of the Board of Directors and CARB is that there should not be more than two adjacent homes with the same approved color for garage doors and shutters. For the purpose of interpreting the latter provision, the approved colors of Charleston Green and Black are considered the same “approved color”. In addition, there is no circumstance currently considered by the Board of Directors or CARB that would permit a change in the color of the siding.
The review and approval of any application pursuant to these Architectural Review Standards is made on the basis of aesthetic considerations only and neither the Architectural Review Board, the Board of Directors or the Association shall bear any responsibility for ensuring the structural integrity or soundness of approved construction or modifications, nor for ensuring compliance with building codes and other such requirements. Neither the Association, the Board of Directors, the Architectural Review Board, nor any member of any of the foregoing, shall be held liable for any injury, damages or loss arising out of the manner or quality of approved construction or modification to any Lot.
Courtyard at Redfields Homeowner's Association, Inc. 