Adopted on September 26, 2019
Once adopted, these Architectural Guidelines (AG) shall be an integral part of and have the same force as Mendocino Rules and Regulations.
Pursuant to CC&Rs 8.1 "...each Owner shall maintain... in
a first class condition... all portions of... Owner's Residential Unit (RU) ...
All improvements shall be maintained... in a manner as shall be deemed
necessary in the judgment of the Board to preserve the attractive appearance
thereof and protect the overall value of the Project."
Pursuant
to CC&Rs 9.1, "No Improvements of any kind whatsoever shall be
commenced, erected, placed or altered upon or around any RU until the location
and complete plans and specifications ... have been submitted to and approved
in writing as to harmony of external design and location to surrounding
structures and topography by the Board".
Pursuant to CC&Rs 9.2, the Board delegates this task to the
Architectural Committee (AC) while retaining the ultimate responsibility and
enforcement authority.
1.
Architectural Committee
1.1
The AC shall be appointed by the Mendocino HOA Board
of Directors (Board) and serve at its
pleasure.
1.2
The AC’s purpose is
to enhance home values in Mendocino by:
(a) ensuring the Owners maintain the architectural integrity of their homes, and
(b) making
recommendations to the Board to ensure that the non-landscape areas of the HOA
property are maintained
while allowing for reasonable and necessary change due to
community aging and based on commercially available options.
1.3
In addition to these Guidelines, the AC shall be
guided in its work by the applicable sections of the CC&Rs.
1.4
The AC shall consist of up to 3 (three) Owner members
+ an alternate. The Board shall endeavor to
appoint non-directors to the AC to ensure broad Owner participation but directors
may also serve on the AC.
1.5
The AC shall elect a Chair to liaise with the Board. The AC shall conduct its activities in a manner
agreed upon by its members.
1.6
The AC shall have a permanent slot on the board's
agenda to provide updates, reports, and recommendations.
2.
Architectural Review
2.1
The AC shall review each architectural change request
on its own merit. It should ensure adherence to the prevailing color schemes
and styles without prescribing specific colors/designs/materials based on
personal preferences, tastes or agendas.
2.2
All approvals are conditional upon the Owner
maintaining the improvement/modification in first-class condition. If an
improvement/modification falls into disrepair that negatively impacts the
appearance and value of the community, the board may suspend/withdraw the
approval and require the Owner, at their expense, to:
(a) bring the property back to its original condition that existed
prior to the approved change, or
(b) make necessary changes/repairs to comply with the community
standards.
2.3
The enforcement authority rests with the Board based
on the approved schedule of fines and penalties.
2.4
Each improvement/modification request shall be
submitted on a separate form to the management company. Incomplete applications
will be rejected.
2.5
The AC shall provide a written response within 30
calendar days from the day a completed application is received. The AC may approve or deny an application or request additional
information (clarification/specifications/drawings). Denials must be in writing
and the specific reasons for the decision must be stated.
2.6
If the AC fails to respond to an application within
30 calendar days, the application shall be deemed approved by default.
3.
Pre-approved options
Pre-approved
options may be used without submission of an AC change request form.
Driveway strips
Artificial turf, concrete (that matches the driveway), and
pavers or rocks/stones that are neutral in color and/or match the general color
scheme of the home.
Screen doors
Shall complement Mendocino's architectural style and a home’s
color theme. Security (reinforced metal bars) doors are not allowed.
Fences (replacement)
Materials: wood (including cedar and redwood), vinyl, composite,
stone/stucco.
Slats: vertical/horizontal
Style: privacy
Height: 5-6 feet
Colors: light/neutral that blend with the existing fence colors.
Cedar and redwood fences may be stained/sealed at the Owner's
discretion and expense using natural stains to
preserve their natural beauty and appearance.
Side walkways/paths
Stepping stones, flagstone/pavers, concrete, river rock or DG
extending to the sidewalk / front porch.
4. Sideyard Return Fencing Extension
4.1
Pursuant to Mendocino at Encinitas Ranch Condominium Plan, each Mendocino Owner
owns their RU which includes "...all real property improvements now
located or hereafter constructed within the boundaries of such space,
including, without limitation... other structures..."
4.2
Pursuant to CC&Rs 8.2.2 the responsibility "...to maintain in a good
condition... both sides of the sideyard return fencing... bordering the Front
Yard Maintenance Area..." rests with the Owners.
4.3
Pursuant to the Condominium Plan, "...the existing physical boundaries of
the RU (including fences) shall be conclusively presumed to be its
boundaries..."
4.4
Owners can extend the front yard fence (called "sideyard return
fence") line on their RU forward towards the sidewalk to expand their
fenced private yard areas, on the following conditions:
(a)
The Owner shall submit a request to extend their front yard fence line on the
Architectural Change Request form.
(b)
The AC will determine the new fence line together with the Owner and adjacent
neighbor(s), taking into account each specific location and general
neighborhood appearance.
(c)
The move shall extend in a straight line the existing interior fencing between
the neighboring residential units.
(d)
The new fence line will preserve public access to the fuse boxes and utility
meters and valves on the side of the house.
(e)
The Owner will use vinyl exclusively for the new sideyard return fence (Alternate materials will be reviewed on a case by case basis,
and may be subject to professional architectural approval.)
(f)
The Owner will pay for any HOA sprinkler adjustments necessitated by the extension.
(g)
The Owner assumes and the HOA relinquishes the responsibility for maintaining
the newly fenced area, including the removal of HOA irrigation sprinklers prior
to the fence line adjustment.
5. Minimum Architectural Maintenance Standards
The following conditions constitute a home's failure to meet
minimum architectural standards to comply with CC&Rs 8.1:
● Mold / dark stains on
the stucco
● Moisture damaged stucco
● Chipped, peeling, or
substantially faded paint
● Exposed wall anchors
● Bent, loose or missing siding
● Gutters and/or
downspouts in disrepair
● Rusting metal surfaces
● Broken or missing
shutters / other decorative elements
● Badly
weathered/deteriorated "hardware" (metal door handles, knobs, and
locks; exterior, metal light fixtures attached to residence, etc.)
● Significantly dented/damaged garage doors
● Extensive, visible termite damage (to fences, visible architectural elements, etc.)
● Driveway oil stains, visible weed growth in hardscape.
● Extensive, visible termite damage (to fences, visible architectural elements, etc.)
● Driveway oil stains, visible weed growth in hardscape.