Lochmere:  Covenant And Architectural Standards Summary

INTRODUCTION

Covenants and residential standards were instituted in the early stages of development of the Lochmere community and every property owner is required to adhere to the stipulations and guidelines contained in the documents. The primary purpose of the covenants and residential standards was to maintain and enhance the appearance of Lochmere by assuring that any newly added appurtenances, as well as basic changes to the property, were evaluated and approved consistent with the overall intent of the covenants. Every homeowner is to be provided with a copy of the covenants and standards by their attorney at the closing of their home.

The formality of the covenants and standards often makes them difficult to read and understand. None of us has the time nor desire to labor over legal wording, so the primary purposes of this document are:

1. Provide, in summary form, a net of the most frequently encountered appurtenances, with a summary of the directions that we, the management of the association, are taking in regard to each, particularly where the covenants leave degrees of freedom for the evaluation of a homeowner's request. It is to be hoped that, this summary will help in the interpretation and understanding of the reasons for the existence of specific things covered in the covenants.
2. Provide guidelines for the homeowner as to what things must be covered in the documented request for approval and explain the rationale for the need for the detailed data.
3. Provide a summary of the process and timing for the evaluation of homeowner requests.

Obviously, this document is intended as an aid in the understanding of the fundamentals contained in the covenants and residential standards and in no way supplants the formal documents; it is those that must be adhered to and represent the final word.

PROCESS SUMMARY

Chronologically, the following steps should be followed to secure approval for a planned project requiring review under the covenants and residential standards.

1. Call the management company, HRW, (919) 469-8661, for a request form before starting the project. Although all requests must be in writing, the project nature may be incompatible with the form; in that instance document the request appropriately, but wherever possible the form should be used. It calls for the submittal of a plot plan that is usually needed to understand the location of the appurtenance relative to the house, and proximity to adjoining properties, greenways, and easements.
2. Provide the information and attachments, and forward to the indicated address.
3. The management company will log and maintain records of the request and forward the request to the Architectural Committee.
4. The Architectural Committee will review the submission against the covenant specifies, and evaluate it in light of impacts on the property and neighbors, as well as encroachments against other properties, existing easements, buffers, flood plains, and setbacks. Established precedent is reviewed as well as appearance as seen by neighbors and traffic.
5. The Architectural Committee will get back with the submitting property owner for any clarifications and/or suggested changes.
6. The final approval/disapproval letter will be issued.

This process, per the covenants, is to be completed within 30 days. However, situations may arise where more information must be obtained or changes made necessitating more time to complete the review. The date for completion will then be resolved between the owner and the committee, fortunately, this is the exception rather than the rule and the 30 days, or usually less, is adhered to.

All documents related to the request, evaluation, and decision will be maintained by our management company as part of the Lochmere Association's permanent files.

TYPICAL REQUESTS

Requests encompass every aspect conceivable for a neighborhood like Lochmere. However, the following categories cover 90% of the total requests, and clearly represent 90% of the effort devoted to evaluation. It should be noted that, for all additions or structural modifications, the homeowner is responsible for also securing Town of Cary approval and permits.

Every request is reviewed on its own merits, since every neighborhood within Lochmere is somewhat unique, all lots are different In shape and size, and proximity of neighbors is different for every situation.

Decks and Porches

Requests for changes, extensions and new decks or porches must be, accompanied by complete drawings or sketches to show details of construct; on and placement with respect to property lines and existing structures‑ Changes or additions must be consistent with existing architecture of the home. All setbacks required by the covenants and residential standards must be adhered to; the submission should address have screening, as viewed from the street arid adjoining neighbors.

Driveway Extensions and Pads

When necessity has been demonstrated, extensions and pads have been approved. Usually, it is necessary that at least three feet be maintained between any addition and adjoining neighbors' properties. Consideration must be given to the need for screening. Existing drainage and water runoff must not be compromised.

Fences

All fence installations must be approved prior to installation. This emphasis is required because of situations where the property owner has either had to remove, change or move the fence, at significant expense. Every fence request will be considered on its own merits. Several styles have been used within Lochmere, dependent upon the purpose, and the particulars of the property. Regardless of type, all fences should be no more that five (5) feet high, and all must have the good side facing out. Any non-living fence plan must address live screening to help obscure the fence from view, particularly as viewed from neighbors and from the street.

The preferred fencing is one that consists of live plantings, particularly in situations where the purpose is to screen something from view.  In those cases where complete containment is required, such as for small children or pets, there are several options.

1. A picket fence with pickets about two to four inches wide and spacing about equal to the width.
2. A board fence with exposed posts (rails abutting the posts), with a decorative top (either scalloped or rainbow, but not flat). It is preferred that there be spacing between boards. All posts must have a decorative finial.
3. A lattice fence installed with the eight (8) foot dimension horizontal, and with the lattice framed and capped. Again, posts must have a decorative finial.

Landscaping

Significant landscaping changes must be approved. Changes with strong aesthetic appeal or requiring retaining walls, swales etc. or changes in drainage or runoff must be reviewed.

Antennae/Dishes

Installations of such devices must provide for suitable screening. Roof mounting is not permitted, and the highest point of the device shall be no more than 42 inches above ground level.

Play Houses/ Play Sets

The main consideration in the evaluation of requests for play houses/sets is appearance. Placement and screening should be planned in consideration of neighbors and appearance from the street. Canvas covers and materials should be earth‑tones wherever possible.

Poles/Basketball Goals

Requests for poles must address the impact on neighboring properties. Particularly in the case of basketball goals, they should be placed where the use will not be an annoyance or result in damage to adjoining yards.

Pools

Pools will be considered, provided there is adequate screening to maintain appearances as seen by neighbors and street traffic. As in other structures, the homeowner is responsible for conforming to Town of Cary requirements and permits.

Mail Boxes

The residential standards require that all properties within Lochmere use the design set forth in the document. When a box and/or post must be replaced, the specifications defined in the residential standards must be used.

External Painting

If a homeowner is going to repaint the exterior of the home the same color as it is currently, no approval is required. However, if colors are to be changed, approval is required.

Part of the initial architectural review before the home was built was a review of color choices relative to neighboring homes to avoid the appearance of homes in close proximity being alike.

TIMING OF REQUESTS

Adequate lead time before planned construction is prudent. We rely on volunteers for the review and evaluation. Experience shows that the end result is much more pleasing when the homeowner and the association work together as early as possible. Involvement in the early planning, via a telephone call, is encouraged.

GENERAL APPEARANCE ISSUES

The covenants specifically address several appearance related items.

Trash/garbage cans are required to be screened from view from neighbors and from the street. Many residents need to be continually reminded of this violation.

As all homeowners know, the streets are too narrow to allow parking of vehicles, recreation vehicles and boats. The latter two must be screened from view as required by covenants, and parking on the street is prohibited.

SUMMARY

The covenants were established to protect the homeowner's investment and ensure the appearance of our neighborhood. Interpretation of the covenants will be needed; all property (Page 39) owners are encouraged to contact the management company on any questions of interpretation or for planning assistance.

APPEAL PROCESS

The Architectural Committee renders decisions based upon the request details and interpretation of the covenants. Should a property owner disagree with a request decision, the appeal process is with the Architectural Committee. One appeal is permitted. If the appeal is denied the Committee will not consider another appeal of the original submission. If the submission is revised, it should be submitted as a new submission.