The Rules & Regulations Manual for Property Improvements and Maintenance (Rules & Regs)
The effective date of this Manual is December 1, 2016.
Revised June 28, 1989; February 19, 1992; September 16, 1992; August 21, 1996; November 20, 1996; September 10, 2004; June 20, 2007; October 18, 2016.
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Introduction
DEFINITIONS
SECTION 1 - Role of the CC&R Committee
SECTION 2 - Application Process
SECTION 3 - Structures
SECTION 5 - Minimum Landscaping Requirements
SECTION 6 - Conditions
SECTION 7 - Revision of Rules & Regulations Manual For Property Improvements and Maintenance
SECTION 8 - Condominiums
Introduction
The Rules & Regulations Manual for Property Improvements and Maintenance (PIM) is intended to assist homeowners in understanding the rules and regulations that govern the Fairway Village Homeowners Association, and to provide guidance on when an application for a project is required to be submitted for review by the CC&R Committee. It is important for owners and residents to become familiar with this document. The application and review process is instrumental in protecting and maintaining property values in a homeowners association such as Fairway Village, and owners share responsibility with members of the CC&R Committee for upholding and supporting the standards, rules and regulations. The goal of the CC&R Committee is to obtain voluntary compliance, and to assist Owners in expressing their personal taste and individuality within the context of the rules and regulations that apply to all Owners.
The conditions and requirements of this Manual apply to all residences in Fairway Village. However, individual condominium Owners do not submit project applications to the CC&R Committee as described below. Condo Owners should submit a Fairway View Condo Association CC&R Project Application. The Fairway View Condominium Association submits project applications for projects affecting more than one condominium or condo building.
Set forth in this Manual (PIM) are those procedures, rules and regulations adopted by the Board of Directors for the purpose of guiding the CC&R Committee and Owners through the application and review process.
This Manual establishes design standards for review of exterior remodeling, improvements and landscaping of all single-family properties within Fairway Village. It explains and supports the property restrictions that bind each Owner as stated in the Declaration of Covenants, Conditions and Restrictions for Fairway Village (“the CC&Rs”), as those restrictions are periodically updated or amended by vote of the owners.
No amendment or change from previous editions of this Manual shall affect structures, improvements or landscaping approved prior to the adoption of this edition. This provision is called a “grandfather clause,” and prevents an owner from having to remove or alter previously approved projects because of changes made within this updated document.
Please keep this Manual in a handy place and refer to it whenever you want to make changes to the exterior of your home.
Definitions
Application shall mean the CC&R Project Application Form available from the Homeowners Association Office, as it may be changed or amended from time to time. (See Exhibit A, page 21.)
Association shall refer to the Fairway Village Homeowners Association (“FVHOA”).
Board shall refer to the Board of Directors of FVHOA.
CC&Rs or 2015 CC&Rs shall refer to the Amended and Restated Declaration of Covenants, Conditions & Restrictions for Fairway Village (2015).
Committee shall refer to the Fairway Village CC&R Committee established and appointed by the Board.
Common Areas shall refer to those tracts of land and improvements that belong to the Association. The Common Areas are located throughout Fairway Village and are described on the various plats of Fairway Village as recorded with the Auditor of Clark County.
Fairway Village shall refer to real property in the plat of Fairway Village and recorded in Clark County, Washington, on Vol. H., p. 167 and the contiguous plats to which the CC&Rs are applicable.
Fairway View shall refer to the Fairway View Condominium Association, a sub-association of Fairway Village that is separately incorporated, with a separate Board of Directors. The Condo Association owns the buildings and limited common areas in Fairway View, and comes to the CC&R Committee when projects are undertaken by the association itself.
Ground cover shall refer to low-growing vegetation, flower beds, or bark, decorative gravel or rock.
Improvements shall refer to any exterior addition to or modification of real property, either structurally or in landscaping.
Manual shall refer to this Rules & Regulations Manual for Property Improvements and Maintenance (PIM) and all future amendments.
Owner shall refer to a Proprietary Member; any entity that owns property in Fairway Village.
Outdoor Living Areas include decks, patios, courtyards and terraces. See Section 3.05 for more information.
Property Line/Privacy Hedge shall refer to any plantings, including bushes, shrubs or trees, planted or maintained in a fence-like manner to define property boundaries or provide privacy.
Retaining Wall is a structure designed to retain soil to unnatural slopes, such as a wall for holding in place a mass of earth at the edge of a terrace. Retaining walls may not be constructed of railroad ties in Fairway Village.
“Rough” is the park-like area that is not part of the area of play on the golf course.
Rules and Regulations are the rules and regulations duly adopted by the Board to maintain the quality and livability of Fairway Village and to help preserve and protect property values. The rules and regulations apply to all residents. The rules and regulations apply to changes to residential property, clubhouse use, swimming pool use, and more, and are gathered in this document, other documents and various policies.
A Setback is a restriction on the proximity of any building or structure to property lines, other structures and features such as corners and streets. Setbacks are established by governmental entities for safety and prevention of fire spreading from one property to another, and for preservation of drivers’ lines of sight at intersections. (See additional information near the beginning of Section 3, page 10.)
Street tree as defined by the City of Vancouver, is “a tree in which the trunk is wholly or partially located within the right-of-way. A ‘street tree’ may also be the portions of a private tree residing in the right-of-way. Pruning or removal of a street tree will require a permit from the City of Vancouver.
Unit refers to a residential unit, a house.
Section 1 - Role of the CC&R Committee
The CC&R Committee is comprised of volunteer homeowners. The Committee is established and appointed by the Board to assist in ensuring that the CC&Rs and the PIM are consistently and fairly applied to applications for changes to the exterior of Units, including landscaping.
Responsibilities.
The primary responsibility of the Committee shall be to review applications submitted by residents and determine whether applications are in compliance with the CC&Rs and the PIM, and are compatible with standards and aesthetics of the community. The Committee may also investigate reports of non-compliance.
Criteria for Review.
Each application shall be reviewed by the Committee based on the following general criteria:
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Is the project in compliance with the CC&Rs and with this Manual? If not, a variance from the Board of Directors will be required.
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Does the project involve installing or altering a structure?
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Does the project involve replacing more than 50% of the landscaping that is visible from a street or Common Area?
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Are the colors and materials selected harmonious with others in use elsewhere in the community?
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Will the project create more problems than benefits, for neighbors or the community?
Standards.
The Committee shall apply the design criteria in this document to preserve the quality in external appearance, design and compatibility with existing structures in Fairway Village.
The Committee does not assume responsibility for the structural integrity, safety features, mechanical operation or building code compliance of proposed improvements or structures. General land use requirements and building codes are established by the City of Vancouver and other governmental agencies. Any application presented to the Committee for review must comply with any and all such regulations.
Section 2 - Application Process
The 2015 CC&Rs eliminated the requirement for prior review by the CC&R Committee for many maintenance and repair projects. The following are projects that do NOT require prior review; Owners do not need to submit an application for these projects. (Refer to Exhibit A.)
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INTERIOR WORK that does not change the exterior of the house in any way (such as remodeling a room or adding tinted film to inside of windows).
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SATELLITE DISH: Installing a satellite dish less than 1 meter (39-3/8”) in diameter. It would be appreciated if the installer can place the dish in a discreet location, such as under the eaves, but it should be installed wherever it needs to be in order to provide the best reception.
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WINDOWS: Replacing windows (“like for like”) with no change in trim color or size.
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HOUSE PAINTING: Repainting house or trim with no color change. Review is needed for color changes.
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ROOF: Replacing an existing roof with one of similar color. Review is needed for color change.
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EXISTING DECK: Replacing decking, as long as the new deck has the same “footprint” as the existing deck.
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SIDING: Replacing siding due to dry rot or other failure, as long as the new siding is the same style and color.
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STORM DOOR OR SECURITY DOOR: Installing a storm door or security door.
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GARAGE DOOR: Replacing a garage door with one the same size and color.
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LANDSCAPING MAINTENANCE: Replacing dead or overgrown shrubs, annual flowers, or other landscaping changes affecting less than 50% of the Lot that is visible from the street or a common area. Removing aggressive or noxious plantings, as described in section 4.01 below, is not considered “landscaping changes.” If in doubt about whether review is needed, contact the CC&R Committee.
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MAINTENANCE PRUNING: Pruning of shrubs and trees to restore appropriate shape and size.
Project Application Forms (Exhibit A) are available in the coat room at the clubhouse, from the HOA office and on the “Residents Only” section of the website. Completed forms, with attachments such as plans, drawings, samples or other materials that may assist in the review, should be returned to the marked receptacle in the coat room at the Clubhouse. Review may take up to 10 days. Owners should therefore allow time for applications to be reviewed. Work may not commence until review is completed. If the project is found to be in compliance with the CC&Rs and PIM, a signed review constitutes approval for the project to proceed.
As a courtesy, neighbors who may be inconvenienced by the project, or those whose view may be impacted or changed, should be notified of the proposed project. Neighbors do not have the authority to approve or reject a project.
To complete the application for review:
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Check the box for the type of work to be done. Include one copy of plans and specifications, if appropriate.
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Write in name and phone number of contractor to be used, if any.
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Describe the project and material(s) to be used in the space provided on the application.
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For painting, review is required only if color is to be changed. Because it is difficult to gauge the final appearance based on a small paint chip, the preferred process is for the Owner to paint a 2’ or 3’ square swatch of color on the side of the house (and the trim above, if it is also to be repainted). Note on the application where the swatch is located so that committee members can find it easily. If you choose not to paint a swatch, please submit a color sample large enough to evaluate, painted on a board, cardboard or heavyweight paper, and submit it with the application.
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Talk about your project with your neighbors as a courtesy. If a neighbor is concerned about the project, he or she should contact the CC&R Committee or fill out a Report of Non-Compliance.
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Sign and return the application and any attachments to the marked receptacle in the coat room at the Clubhouse. If submitting a large color sample or other oversized sample, submit application and sample to the HOA office in the Clubhouse.
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A member of the Committee will contact you and schedule an appointment for members of the CC&R Committee to visit you and discuss your proposed project. This may take up to 10 DAYS. DO NOT START WORK until the form has been signed by CC&R Committee members. Please post the yellow copy of the approved form where it is visible from the street. You will also receive a pink copy for your files.
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Once approved, NO CHANGES may be made to plans without review by the CC&R Committee. If a change is needed, please submit a written change request to the CC&R Committee.
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If project is not completed within 6 MONTHS after it has been reviewed, the Owner should inform the CC&R Committee and provide the reason(s) for the delay. An extension may be granted by the CC&R Committee if extenuating circumstances prevented the completion. Otherwise, another application must be submitted.
MAINTENANCE: To restore to a serviceable condition.
CORRECTIVE MAINTENANCE: Maintenance carried out after failure detection, aimed at restoring an asset to its intended function.
2.01 — Committee Visitation.
Members of the Committee may need to visit the site and talk to the resident(s) to clearly understand the project and its impact. Depending on the scope of the project, Committee members may also visit during construction to ensure that the project conforms to the plan(s) submitted for review. Any modification to the plan(s) requires additional review before it is undertaken. At the discretion of the Committee, a final visit may be made upon the project’s completion. It is the responsibility of the homeowner to inform the committee when a project is completed and ready for review (call the office).
2.02 — Variance.
Owners share responsibility with the CC&R Committee for knowing whether a proposed project complies with the CC&Rs and this Manual. If a project does not comply, it is the owner’s responsibility to submit a Request for Variance for a CC&R Project Application (Exhibit B) to the Board of Directors. Documentation of the need for the variance, such as photos of damage to the residence from errant golf balls when requesting a golf ball screen over 12’ high, is helpful in the Board’s decision-making process.
2.03 — Appeal.
Any Owner has the right to appeal a decision rendered by the CC&R Committee to the Board of Directors. To file an appeal, an Owner must provide a written request for a hearing to the Board within 10 days of receiving the decision of the CC&R Committee.
2.04 — Reports of Non-Compliance.
Allegations of non-compliance with any of the procedures and guidelines set forth in this Manual may be reported by any resident, in writing. The form (Exhibit C) is available in the coat room at the Clubhouse and on the Residents Only section of the website. Allegations of non-compliance will normally be processed in the following manner:
Reports of Non-Compliance shall be reported in writing to the Association office in the clubhouse, e-mailed to office staff, or put into the CC&R box in the coat room at the clubhouse. The resident reporting the issue must fill out the form and date it. Signed forms are preferred, but an Owner who believes that being identified in a report of non-compliance could endanger him/her may make an anonymous report.
The report shall be investigated by a person or persons designated by the Board. Members of the CC&R Committee may be asked to participate in the investigation. Steps in the investigation shall include:
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Verifying that an issue of non-compliance exists;
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If an issue exists, discussing it with the resident and establishing a plan and timeline for correcting the non-compliance;
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Sending a confirmation letter to the resident;
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Verifying whether the issue has been corrected at the end of the established timeline.
If the issue persists beyond the established timeline, the matter will be referred to a Compliance Review Panel (CRP) as described in Policy 100-5, Enforcement, as that policy may be amended from time to time. Policy 100-5 describes the process, including Notice and an Opportunity to be Heard, that will be followed before a fine is levied or other action taken. The Fine Schedule is included in Policy 100-5, which can be found on the Residents Only section of the website, or in the office. If the Owner contacts the office with an explanation of any delays and a date by which the work can be completed, an extension may be granted by the CRP.
Section 3 - Structures
No exterior alteration or addition shall be made to any premises, including walls, fences, and buildings without prior review (Reference CC&Rs Section 2.3.).
It is the Owner’s responsibility to hire a qualified contractor, check with the City of Vancouver regarding permits, setbacks and codes, and to ensure that contractors and workers clean up the site regularly.
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Setbacks: All structures shall be located within the setback requirements as specified by the Planned Unit Development Approval for Fairway Village. Clark County setback requirements were used when Fairway Village was developed and remain in force. See illustration, next page.
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Utility Easements: Blanket utility easements for installation and maintenance of utilities and drainage facilities are found on the outer six feet of the front and rear boundary lines of all Lots (excluding Fairway View Condominiums). Owners are reminded that utility easements are permanent, and that no structure, planting or other improvement may be placed on a utility easement that may damage or interfere with the installation or maintenance of utilities. Any structure or planting may be removed by employees of a public utility in order to access the utility structures for maintenance.
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Permits & Inspections: The Owner/resident is responsible for obtaining and paying for any permits or inspections required by governmental entities.
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It is the Owner’s responsibility to contact the City Code Compliance Officer for more information. The Code Compliance Officer will visit your site at no cost if you ask.
Figure 1: Site Plan showing setbacks
3.01 — Driveways and Sidewalks.
Driveways and sidewalks shall be of exposed aggregate or concrete slab construction (broom finish preferred). Any other finish, material, artwork or ornamentation is subject to review. Homes with two-car garages may not widen the driveway to accommodate more than two cars. Homes with three-car garages may not widen the driveway to accommodate more than three cars. (Reference CC&Rs Sections 2.9.7 and 2.12.8)
No hedge, fence, temporary fence, wall or other structure shall be constructed, altered, or allowed to exist anywhere on a Lot without prior written review from the Committee. (Reference CC&Rs Section 2.4.1.)
3.02 — Fences.
3.02(a) General Considerations: All fences shall be constructed to maintain the aesthetic quality of the community. All new fences and fence extensions require review pertaining to location, length and materials. (Reference CC&Rs Section 2.4.2.)
The City of Vancouver Building Code limits fence heights. Presently, the height limit is six feet. The City of Vancouver may require the Owner to obtain a permit for a fence. It is the Owner’s responsibility to find out whether a permit is needed.
Acceptable materials: Wood (natural or clear finish; other colors require review); vinyl; wrought iron or other decorative metal; aluminum (preferably powder coated or painted black or bronze); brick, stone, decorative preformed concrete block and small picket. All other materials require a variance.
3.02(b) Hot Tub Enclosures. Hot tub enclosures that are part of a deck or are attached to a house are not considered fences. These privacy enclosures should be of sufficient height to provide privacy for the Owner(s) of the hot tub, but may not exceed 6’ in height, even if the property abuts the golf course. A hot tub enclosure may not abut the golf course.
3.02(c) Front Yard Fences. Short decorative fences (i.e., small picket, wrought iron or similar materials) that are used in front yards must be within the property boundaries and are not to exceed 36” in height. Openwork fences are preferred to solid fences for this use. Review of placement and height are required.
3.02(d) Outdoor Living Area Enclosures. Any wall, railing, or other enclosure for an Outdoor Living Area in front of a house requires review. Stone, brick or decorative metal of sufficient height for safety is preferred. Depending upon the topography of the lot, a retaining or supportive wall may be required, and will be considered during review.
3.02(e) Property line and privacy fences. Review of proposed property line and privacy line fences shall be done on a case-by-case basis. Review shall include consideration of topography regarding fence height. Maximum fence height shall comply with City Building Code. On corner lots, review of fence location and height shall include consideration of preserving drivers’ lines of sight at intersections. See above for information on property line fences in front yards.
“Good neighbor fences” or board-on-board fences that are equally attractive from both sides are preferred for privacy and property line fences (see examples below). If a design other than good neighbor is selected, exposed posts and rails shall face the inside of the Owner’s lot.
Figure 2: Examples of Good Neighbor Fences
3.02(f) Golf Course and Common Area Fences. Fences constructed abutting any portion of the golf course and/or Common Areas must not exceed 36” in height for side and rear yards. Wrought iron or other openwork fences abutting the golf course or common areas may be up to 48” in height. See Section 4.05 for information on hedges or similar plantings.
3.03 — Retaining Walls.
Retaining walls are used to create and maintain permanent changes in elevation, such as to separate trees and plantings at the boundaries of a lot from a grassy terrace below. Retaining walls may not be constructed of railroad ties. An application for a retaining wall shall be reviewed based upon the topography of the lot and the purpose of the proposed wall, which may include leveling the lot or retaining soil above lot level for trees. The height and construction of any retaining wall must be in keeping with the purpose of the wall. Maintenance of retaining walls is the responsibility of the Owner(s). Retaining walls are to be aesthetically incorporated into the landscaping of the lot. (Reference CC&Rs Section 2.4.3.)
3.04 — Golf Ball Screens.
All improvements for the purpose of providing protection from golf balls must be reviewed by the Committee prior to construction. Maximum height should not exceed 12’, unless a Variance is obtained from the Board. (Refer to Exhibit B.) Landscaping may be used for side and rear yard protection. All framing materials and screening are to be of design and finish that complements the architecture of the house. Maintenance, such as replacing the screen or supports, does not require review as long as the location, length and height of the screen is not changed, and acceptable materials are used (see below).
Acceptable materials: Metal piping, preferably 1-5/8” diameter black or white powder coated, with nylon mesh screening to match supports.
3.05 — Outdoor Living Areas.
Outdoor living areas, such as decks, patios, courtyards and terraces, shall have an appearance consistent with the exterior of the Unit, and must be reviewed prior to installation. (Reference CC&Rs Section 2.3.) (See3.02(d), above, for information on enclosures for Outdoor Living Areas in front yards.) Outdoor living areas, and associated protective railings or walls, may require a permit from the City. Be aware that a blanket utility easement covers the front and rear six feet of all properties. (see page 10 for more information).
Committee review of new decks and extensions of existing decks is required. Any deck over 18” in height requires a railing, planters, screening or other safety protection, and may require a permit from the City of Vancouver. Decks that abut a fairway must be no higher than 18” over the rear five feet of the property to the property line. Decks that abut the golf course in the park-like areas that are not part of the golf play area (“rough”) will be subject to case-by-case review based on topography. These decks are not subject to the 18” height restriction over the rear five feet of the property to the property line. See illustration below.
Figure 3: Outdoor Living Area abutting fairway
Posts and supports of elevated outdoor living areas must be screened from view with materials compatible with the residence, landscaping or the outdoor living area.
Replacing a deck or patio does not require review as long as the size and location of the deck or patio are not changed.
3.06 — Covers for Outdoor Living Areas.
New overhead covers for Outdoor Living Areas require prior Committee review. Replacing an overhead covering does not require prior review, as long as the color, material and size are not changed.
3.07 — Exterior Walls.
All changes in exterior walls from original construction, such as moving a wall out toward the property line to expand interior space, must be reviewed, and may require a permit from the City.
3.08 — Exterior Colors.
Repainting a house or portion of a house, or trim, in the existing color(s) does not require prior review. Review is needed if the color of any portion of the house is to be changed. Paint, semi-transparent or solid stains must be compatible with existing house and trim colors in Fairway Village.
Guidelines for selecting paint:
a) Colors should blend with others in the community. Neutral and subdued colors are preferred over bright colors.
b) Matte, satin, and semi-gloss finishes are acceptable.
c) Trim and garage door color should be compatible with the house color.
d) As noted under Section 2, Application Process, the preferred process is to paint a swatch on the side of your house for the committee to review the color choice(s). If you do not paint a swatch, submit a color sample large enough to be evaluated, such as a painted board or heavyweight paper.
3.09 — Service Areas.
3.09(a) The location and design of structures such as storage sheds, accessory buildings or enclosures are subject to prior review by the Committee, and screening may be required. (Reference CC&Rs Section 2.3.) The City will require a permit for sheds over a certain size.
3.09(b) Carports and pole buildings are not allowed.
3.09(c) Garbage and other waste shall be kept in sanitary containers and are to be enclosed or screened from the view of neighbors and passersby. (Reference CC&Rs Section 2.12.2.)
3.10 — Flagpoles and Antennas.
3.10(a) One freestanding metal flagpole, not to exceed 15’ in height, is permitted for displaying the United States flag. Under the United States Flag Code, lighting must be provided if the American flag is to be left out overnight. Approval by the Committee is required as to location. The height restriction may be waived by the Board based on unique and reasonable circumstances. (Reference CC&Rs Section 2.12.4.) Review is not required for a flagpole mounted on the house itself.
3.10(b) A television or broadcast radio receiving or transmitting antenna, satellite dish or similar implement may be erected on any single-family Unit, only in such a way so as to minimize the impact on the Unit’s appearance consistent with providing optimal reception. Please ask the installer to choose a location that is as discreet as possible. No satellite dish with a diameter greater than 1 meter (approximately 39”) will be permitted.
3.10(c) No amateur radio antennas are permitted.
3.10(d) The Fairway View Condominium Association has separate rules and regulations pertaining to mounting antennas, including satellite dishes on their buildings, because the Association owns the buildings.
3.11 — Heat pumps, air conditioning (a/c), and solar heating systems.
Replacing an existing a/c unit in the same location does not require review. The following installations do require prior review.
3.11(a) Placement of new heat pumps and a/c units, with consideration regarding visual and noise screening for neighboring Units.
3.11(b) Window installed air conditioning units are not permitted, except in special circumstances, which will require review.
3.11(c) Solar energy panels are acceptable, with prior review, providing that:
(1) The panels meet all governmental and safety codes.
(2) roof-mounted panels or collectors are not visible above the roofline or are painted to match the roofing materials;
(3) ground-mounted panels are screened from view; and
(4) the owner agrees in writing to indemnify or reimburse the association or its members for any loss or damage incurred by the installation, maintenance or use of the panel(s).
3.12 — Exterior Lighting and Sound Devices.
Type and placement of exterior lighting devices, other than those provided on the basic structure, must be reviewed by the Committee. Security lighting must be positioned to illuminate the Owner’s property only, and not neighbors’ property or Common Areas. The reason for restricting illumination to the Owner’s property is to eliminate glare and annoyance to neighbors, as well as to avoid hazard to passersby and the driving public. No exterior speakers or other sound devices, except those used for security purposes, shall be installed on any Unit unless positioned or controlled to avoid being a nuisance to neighbors. (Reference CC&Rs Sections 2.12.6 and 2.12.7.)
3.13 — Hot Tubs.
Installation of a hot tub requires a mechanical permit from the City. Placement of a hot tub requires review. A hot tub may not be placed abutting the golf course. See 3.06, above, for more information on hot tub enclosures.
3.14 — Miscellaneous
3.14(a) Ramps and Handrails. Most requests for ramps and/or handrails come under the provisions of Reasonable Modification. Ramps and safety handrails are to be constructed in compliance with applicable building codes.
3.14(b) Security bars. Security bars are allowed only on the inside of windows.
3.14(c) Signs.
(1) Political signs may not be posted on Common Areas and may not be placed on a Lot in such a way that they obstruct drivers’ lines of sight. Political signs are not to be displayed more than 60 days prior to an election and must be removed within three days of the election. No sign that requires more than a single stake for support is permitted. Banner-type signs requiring more than one support are not allowed.
(2) Contractor signs are allowed only during construction and must be removed within two weeks of completion of the project. The contractor sign must be placed on the Lot the contractor has been hired to work on, and may not be placed in such a way that it obstructs drivers’ lines of sight or interferes with pedestrians on the sidewalk. Only standard-sized contractor signs requiring a single stake or support are allowed; oversized or banner-type signs requiring more than one support are not allowed.
3.14(d) Vehicle Size. Any passenger vehicle regularly parked in the Village should be able to fit in the garage with the door closed. This statement is intended to provide guidance on maximum vehicle size, not to require that a vehicle be garaged.
Section 4 - Landscaping
Removal or re-installation of major landscaping (including, but not limited to, trees, shrubs and water features) constituting at least 50% of the landscaping of the Lot that is visible from the street or a Common Area requires review in advance by the Committee. (Reference CC&Rs Sections 2.2 and 2.5.)
4.01 — Landscaping Design.
All lots shall be landscaped in a manner that is harmonious and compatible with the overall landscaping requirements as noted in CC&Rs Sections 2.2 and 2.5. Aggressive garden plants such as, but not limited to, peppermint, spearmint, raspberries, and Chinese Lantern must be planted in containers to contain the spread of such plants. Noxious and invasive plants, as identified by the State of Washington, are not allowed. For a listing of prohibited noxious and invasive weeds, visit www.nwcb.wa.gov, the website of the Noxious Weed Control Board. Laws and administrative rules regarding noxious weeds include RCW 17.10 and WAC Chapter 16.750. Information from these sources is available in the office.
4.02 — Private Backyards.
Plantings, including artificial turf, located in backyards that are not visible from the street, golf course or a Common Area are not within the purview of the Committee. Review is not required for plantings in such areas. Plantings in the back yard shall comply with the restrictions on aggressive garden plants and noxious plants found in Section 4.01.
4.03 — Landscaping Maintenance.
Homeowners are responsible for landscaping maintenance even when away from Fairway Village. In this context, “homeowner” is understood to mean trustee, executor, guardian or heir.
4.04 — Artificial turf.
Applications for artificial turf in areas visible from the street or Common Areas require review prior to installation. Review will take into consideration location, topography and overall appearance. (Reference CC&Rs Section 2.5.1.)
4.05 — Property Line/Privacy Hedge.
4.05(a) Owners are responsible for appropriately trimming and controlling the growth of property line/privacy hedges to avoid encroaching on adjacent properties or overgrowing sidewalks.
4.05(b) Hedges that form the boundaries between backyards that are not visible from the street or a Common Area are not in the purview of the Committee.
4.05(c) No property line or privacy hedge in excess of three feet in height shall be allowed abutting the Golf Course or on front property lines. 4.05(d) Property line or privacy hedges intended to screen side and back yards from Common Areas must be properly trimmed to avoid encroaching on the Common Areas or walkways. See 3.02(e) for information on Property Line/Privacy Fences.
4.06 — Drivers’ Lines of Sight.
No structure or planting which may obstruct visibility at roadway intersections, driveways, pedestrian crossings or other public areas shall be allowed.
No tree shall be removed, or excessively trimmed or pruned without prior review by the Committee. The review may require a written statement from an arborist certifying that a tree should be severely trimmed, pruned or removed for the protection of persons or property. (Reference CC&Rs Section 2.6.)
4.07 — Trees.
4.07(a) Existing Trees. It is the practice of the Association to retain all living and undamaged trees, when possible, to maintain the park-like aesthetics required in the approval of the Planned Unit Development. No tree(s) will be removed from a Lot or severely trimmed without prior review by the Committee. The Committee may require the opinion of a licensed arborist before allowing tree removal or severe pruning.
4.07(b) Street Trees. The City of Vancouver defines a street tree as “a tree in which the trunk is wholly or partially located within the right-of-way. A ‘street tree’ may also be the portions of a private tree residing in the right-of-way.” Pruning or removal of a street tree requires a permit from the City of Vancouver.
Section 5 - Minimum Landscaping Requirements
5.01 — General Considerations.
All yard areas of Units that are exposed to public view shall be landscaped in a fashion that is harmonious with the community. Acceptable materials include:
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Lawn;
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Artificial turf;
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Trees or shrubs, decorative grasses, plants or planters;
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Decorative rock or stone; or
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Barkdust or mulch.
See Section 4 of this document for additional information.
5.02 — Yard and Outdoor Living Area Ornamentation.
All ornamentation over 30” in height such as statuary, garden art, birdbaths, and gazing balls is subject to review by the Committee. The Committee may restrict yard ornamentation of any size in terms of quantity, placement and visibility. (Reference CC&Rs Section 2.12.1.)
5.03 — Seasonal and holiday decorations
Seasonal and holiday decorations must be removed in a timely manner after the holiday or event. Use common sense and observe the practices of neighbors to determine what constitutes “timely removal”.
5.04 — Common Area Landscaping & Maintenance.
No encroachment on Common Areas, including plantings, is allowed. Any damage caused to the common property by the installation of landscaping or sprinkler systems on a Lot by the Owner or contractor engaged by the Owner will be the sole responsibility of the Owner. Any damage to Common Areas caused by the installation of landscaping or a sprinkler system at a Unit shall be the sole responsibility of the Owner of the Unit.
Section 6 - Conditions
6.01 — Affecting Common Areas.
Owners of Units may not disturb the surface of the Common Areas or use any portion of the Common Areas for storage. If a Common Area is disturbed or used by Owners during the course of a project, or if a Common Area is incorporated into the project, the Association may require that the Common Area be restored and/or cleaned up, and may charge the Owner the related costs, or take action to place a lien on the Owner’s property for the damage, after notice and an opportunity for a hearing.
6.02 — Owners’ Responsibility.
Owners are responsible for compliance with the standards and guidelines provided in this document, and are held responsible for the actions of their contractors. It is therefore recommended that the standards and guidelines provided in this document be communicated clearly before work begins. Owners are responsible for contacting the City of Vancouver and obtaining any required permits, and ensuring that proposed structures are within setbacks. Owners are responsible for seeing that contractors clean up debris when job is complete. Dumpsters and Portable Toilets may only be left in a driveway or on the street for the duration of the job. Construction equipment is allowed on a Lot during a project.
Section 7 - Revision of Rules & Regulations Manual For Property Improvements and Maintenance
The Board may amend the provisions and practices in this Manual, but the changes shall not become effective until Owners have been provided a review period of not less than 30 days after the Board approves the changes. No amendment or change shall affect structures, improvements or landscaping approved prior to the adoption of the amendment or change. (Refer to CC&Rs Section 5 for the Association’s authority to remedy violations of rules and standards set forth in this Manual and the Committee’s decisions.)
Section 8 - Condominiums
This Manual applies to all properties within Fairway Village including the Fairway View Condominium Association, but not individual condominiums. condominiums. The Fairway Village CC&R Committee reviews applications from the Board of Directors of the condominiums for major landscaping projects. Individual condominium Owners should review documents from the condominium association regarding procedures for applying for changes to their condo.