Page 1 CYPRESS HOMEOWNERS ASSOCIATION, INC. COMMUNITY ARCHITECTURAL PRINCIPLES & STANDARDS (AMENDED SEPTEMBER 30, 1999) I. General: The objectives of the Homeowners Association's (HOA's) Architectural Control Committee (ACC) are: (1) to maintain the community's architectural integrity; (2) preserve the sense of open space and semi-rural atmosphere of the design of the community; and, (3) to protect the common and individual investments of the community's property owners. These objectives are accomplished by the application and enforcement of the Declaration of Covenants, Conditions and Restrictions (the covenants) to which each property owner has the contractual obligation to adhere. Any exterior modification to a structure or the lot on which it sits that adds, subtracts, or changes anything from the state in which it was transferred to the owner requires approval of the HOA according to Article V of the Covenants, except as provided in this document. Assuring that modifications to properties fully comply with county codes and permit requirements is the responsibility of the property owner. The HOA is not responsible for reviewing plans for the purpose of assuring compliance with any applicable county or other local requirements. The principles and standards for the community will be applied to all properties and property owners equally. The HOA and ACC recognizes, however, that certain variances may be permissible depending upon a property's location, the siting of the main residence, its landscaping, and other factors. These principles and standards are not likely to cover all potential proposed variants of modifications to properties in the community. In such cases, the ACC will evaluate each proposal by considering the HOA/ACC's three main objectives described in the first paragraph, and make a judgment based on what is best for the entire community. The ACC operates under the general direction of the HOA Board of Directors. Drawings and materials that are submitted to the ACC in support of a request for modification must accurately depict existing conditions and accurately depict the modification(s) requested. These supporting materials must be comprehensive, well labeled, and understandable. The plans and specifications must show the nature, kind, shape, height, materials, color and location of the proposed alteration. Plans may be rejected on the basis of the inadequacy of the information provided in the plans and specifications that are submitted. The ACC will gladly answer questions and assist property owners in their preparation of materials. Property owners are responsible for preparation and submission of the package. If you have questions regarding the Architectural Change process, you may call any member of the ACC. II. Decks: Must be located fully behind the rear wall of the house. Wrap-around decks or decks on the side of the house (other than an acceptable single access walkway on one side) will not be approved unless a home is sited in such a manner that the proposed deck is not considered to have significant visual impact to neighboring properties. Free-standing platforms of any sort are not permitted. Decks should be constructed of wood and stained or painted to match the existing trim or siding color(s) of the residence. Decks of unstained, unpainted pressure treated wood are acceptable. Page 2 Applications for approval of decks that include gazebos, greenhouses, or other structures must be accompanied by three way elevations and, depending on the extent of the proposal, may be considered as an addition (see section on Additions). Decks must be proportional to the residence and cover less area than one-half the footprint of the house. Applications for multi-level or multi-story decks require three-way elevation drawings. Multi-level or multi- story decks may not have a level above the main living level of the house to which they are attached. A deck (or porch) with a roof and/or walls shall be treated as an addition. III. Sheds and Outbuildings: All sheds and outbuildings must be located behind the house. On the few lots in the community where the location of septic fields will not permit this placement, exceptions to this placement may be made on a case- by-case basis after reviewing a property owner's specific proposal. Metal and/or plastic structures of any kind will not be approved. Materials must be of a quality that is specified by the property owner and acceptable to the ACC and be paintable in colors acceptable to the ACC. Roof shingles shall match those on the property owner's house in color and type. The paint scheme should match that of the house. Lighter colors that are similar to the trim colors of the house are preferred for the main body with slightly darker or lighter colors used for the trim. The sharp contrast of dark colors (e.g., black or chocolate brown) on the body and light colors on the trim will not be approved. Structures that are mounted on blocks, pylons, or that leave open space visible between the structure and the ground must be skirted using lattice. Landscaping around the structure may be required. IV. Fences: Only "open" fences (e.g. split rail) are acceptable. The maximum acceptable height for fences shall be 60 inches. The good side of fencing shall face outward; this is to say that posts must be placed to the interior of the fence. Split rail fencing may have thin metal wire fencing (but not chicken or agricultural wire) that weathers to a dark color affixed to the interior side of the fence. Fences must be completely within property boundaries. The HOA recommends that fences be set a minimum of 6 inches inside of a property boundary. Fences may not extend beyond the line of the front wall of the house. Chain link, agricultural style wire, and "closed" fencing (e.g. stockade, board-on-board) fencing are not permitted. Exceptions to this may be considered for owners whose property abuts a safety hazard or commercial area. Seasonal garden fences are to be placed to the rear of the house. Fences must be removed annually by October 1. Seasonal fenced areas larger than 1000 square feet or that are not removed annually require HOA approval. Page 3 Underground electronic "fences" for the purposes of keeping dogs or cats confined to an owner's property are permitted and approval of the ACC is NOT required. However, property owners are expected to contact "Miss Utility" prior to installation. V. Additions: Additions are a major undertaking and have an equally serious impact on the community, not to mention neighboring properties. For HOA purposes, additions must meet standards that are similar to those required by Montgomery County for construction. As a general rule, the ACC is not interested in the interior details of an addition except as they affect the exterior appearance of the structure. The ACC requires that: All additions be architecturally faithful to the design of the house. Mixed architectural styles will not be approved (e.g. a Victorian style addition to a Ryan Classic). Additions must also be consistent with the architecture of surrounding homes, the size of the lot, and the placement of the residence structure. The size of lots on which many homes are situated in Cypress Run will allow for varying types of additions. As a general rule, additions shall use materials that are identical to those used on the original portion of the house and be designed in a manner that is consistent with the architectural theme of the existing residence and surrounding properties. Designs should blend harmoniously with the style of the home and should not be inconsistent with or considered offensive to the architecture of the community as a whole. Under Article V of the Declaration of Covenants, the Architectural Control Committee has the right to reject proposed projects based on the failure to submit detailed plans and specifications as referenced above in this document. The following minimum items are required as part of a package of information to request ACC approval of an addition. This is for guidance only. You may wish to contact the ACC to make certain that you are submitting adequate information at the time of the request. This will expedite a determination regarding your proposal. Lot Plan (plat): A plat with the exact location of the proposed addition marked on it is necessary. The plat that was supplied to each homeowner by the builder may be an acceptable base for this document, if it is clear and readable. All topographical dimensions on the plat must be clear and readable. Your lot's boundaries must also be clear. Your addition should be shown on the plat in rough scale to the size of the base structure. If you have sheds, outbuildings, children's play sets on the property, or other modifications to the property, these also must be clearly indicated in an accurate manner. Where there is any question about the ability of the ACC to determine the precise location and orientation of the proposed addition, existing modifications, or other features of the property, an original engineer's certified plat that documents the property (including the addition as proposed) will be required. Architectural Drawings ("blueprints): The ACC will pay special attention to the exterior appearance of your addition and the manner in which it harmonizes with your residence and its surroundings, as well as with other residences in our community. At minimum the following are required: Four-elevation drawings: Elevation drawings which accurately render your existing residence with the proposed addition are required. The drawings must be to scale and should represent the precise design as it is proposed to be attached and constructed. "Generic" drawings or elevations, pen or pencil sketches, and other representations which are not exact and precise in their depiction and scale are not acceptable. Page 4 Foundation plan: A standard foundation and footing plan must be provided. Describe the type of foundation proposed (concrete block, poured, or specify any other), the dimension of block or thickness of pour. If your extant residence foundation is of the poured type that is embossed to simulate a brick foundation, then your addition's foundation should look the same. Likewise, if your existing exposed foundation is painted, then the addition's exposed foundation should be painted the same color. Landscaping plan: Proposed landscaping should be shown where appropriate. Utility meters: If utility meters are to be repositioned onto the addition, their exact location and size should be depicted on the elevations. Walk-outs and wells: If any part of the foundation will be a walk-out, the exposed portion of the foundation should be rendered with the elevations and exactly depict the location, size, and type of windows and doors. If an exterior access stair well is proposed, this should also be accurately depicted on elevations. HVAC Compressors and Equipment: If HVAC compressors are to be repositioned, their exact location and size should be depicted on the elevations. Roofing Materials*: Specify the brand, model or stock number, and color of the roofing materials proposed. Roofing materials must be the exact match to those used on the main portion of the residence. Masonry Veneer*: If the base home has a brick or stone (masonry) front, a proposed addition that faces front must have a veneer constructed of masonry that is the exact match to that used on the main residence. The brand, type name, stock or model number, and color of the masonry must be specified. In the event that the exactly matching masonry brand that the builder used is not available, then a brick that matches as exactly as possible may be selected, and the brand, type name, stock or model number, as well as a sample of the masonry, must be made available to the Committee. On residences where stucco has been used as a veneer, the texture and colors must match that on the base residence. Aluminum Siding*: Any section or wall(s) of the proposed addition that faces to the side or rear that uses aluminum siding must be of the same manufacturer, brand, stock or model number, and color as the remainder of the residence. The brand, type name, stock or model number, and color of the siding must be specified in the request for approval. An owner may propose to use brick or stone that matches the front of the base home on the sides or rear of an addition. In the case where the front of the home is sided, the addition's siding must match, or the owner may propose a masonry veneer. Paint and trim colors*: The dimensions for trim work must be provided and should match those of the existing residence. Trim should be painted using the same color and brand of paint as is used on the existing residence. Paint chips of the proposed colors that can be provided by the paint dealer must be included as part of the request for approval package. Windows and Trim*: Windows and pre-attached trim should be of the same brand and type as the windows that the builder installed in your residence. Sizes (where appropriate), over/under lites, muntins, glazing type, and cladding colors should be an exact match. Specify brand stock or model number, color, and size in your request. Gutters and Downspouts: Size and color should be an exact match of those that were installed by the builder of your residence. Page 5 General: Exterior materials, windows, guttering, etc., that have been used by both Ryan Homes and Craftmark Homes are non-custom, standard materials and are readily available to builders, contractors, and homeowners. Exceptions to the use of identical and harmonious materials in the construction of proposed additions will be considered only under very unusual circumstances, especially where the proposed addition is visible from the street in front of the property. The objective of the Committee is to assure that the harmony and architectural integrity of the community is preserved and improved by additions. Additions that are not visible from the street and are fully behind an existing residence will be considered according to the same standards, except that some variance from the use of materials that are identical to those used by the builder of the main residence may be considered. Other Important Considerations: Please be aware that other HOA Covenants may also need to be addressed in your request. The ACC most strongly urges you to re-read the covenants that you signed at the time that you executed the agreement to purchase your home. For example, if you propose to remove any trees, the covenants require that HOA approval be sought. In addition, Montgomery County has specific requirements for the acquisition of permits and conduct of inspections, both of which are the complete responsibility of the homeowner and separate from the HOA approval process. Properties that abut conservation areas or areas that are considered to be part of the Montgomery County Parks system or Rock Creek Park may also have to seek permits from the Park Commission. Homeowners are responsible for determining which permits and inspections are required and to assure that they are obtained. Note: * indicates that references to the colors, types, etc. should be in the documents pertaining to the selection of materials that were supplied to you at the time that you executed the agreement to purchase your home. If you cannot locate these references, you may call the customer service department of your builder, provide the street address and lot number of your property, and they will be able to tell you which brands, colors, etc. were used. VI. Paint and Trim: Any repainting of doors and/or trim that varies from the original colors used for the house requires HOA approval. Changes to doors, shutters, or outside fixtures, from the original materials and styles used for the house, requires HOA approval. VII. Swimming Pools and Ponds: Only garden ponds that are of less than 100 square feet in size, 12 inches or less in depth, and have continuously running water are approval. Other than garden ponds as described above, ponds of any sort will not be approved. Above ground pools will not be approved. In-ground pools are permitted and applications will be reviewed on a case-by-case basis. All property owners abutting the applicant's property as well as property owners across the street from the applicant's property must review and approve the full proposal. It is the responsibility of the applicant to assure that the proposal meets all applicable county and local rules and regulations. VIII. Playing Courts: Page 6 Courts of any type will be reviewed for approval on a case-by-case basis. IX. Patios: Patios of quality materials are approvable. Requests for approval of patios will be reviewed using criteria similar to that for decks. X. Retaining Walls: Retaining walls that are visible from the front or either side of the house require approval. Retaining walls should be constructed of materials that are compatible with the exterior materials of the existing house. Retaining walls may also be faced with natural materials that are appropriate for the surroundings. XI. Juvenile Playsets and Basketball Hoops: Metal or plastic juvenile playsets will not be approved. Juvenile playsets that have a footprint of 10 feet by 10 feet and consist of all natural materials do not require approval if placed to the rear of the house. Sets may include plastic tubes or slides that are of colored materials. Juvenile playsets that have a larger footprint require approval and will be reviewed on a case by case basis. No juvenile play area may extend forward of the line of the front wall of a house. A homeowner may erect one temporary or permanent basketball backboard and hoop on the property. The backboard and hoop can be adjacent to the driveway, but must be as far from the street as possible. HOA approval is not required for modifications meeting these requirements; all other conditions require approval. XII. Landscaping and Driveways: The HOA welcomes efforts to naturally beautify properties in the community that is done in a tasteful manner. Any modification that involves the construction of a raised bed or retaining wall that is visible from the street requires approval. Modifications to driveways or parking areas that are visible from the street require approval. Major re-landscaping projects that involve the creation of additional/new landscape beds that are larger than 400 square feet require approval. XIII. Trees: Any plantings that are made along a property line must be done in a manner such that declared rights of way are not obstructed and require ACC review and approval. Such plantings must be entirely within the property's boundaries and depending on the species of planting may require significant setbacks if the trees Page 7 will grow to medium or large size, such that the expected drip line of the tree at maturity will not extend beyond the property boundaries. XIV. Outdoor Lighting: In addition to meeting the non-waivable requirements of the covenants, must be mounted at ground level. Elevated mountings (i.e. on poles or other similar method) of lighting will not be approved. Each residence is permitted one elevated lamp in the front of the residence for safety purposes. XV. Seasonal Displays: The HOA encourages every homeowner to decorate their residences to celebrate seasonal events. Homeowners should either remove or deactivate such displays within 15 days after the customary closing of the period. XVI. Reconstruction and Rebuilding: In the event that a home, shed, or outbuilding, or any modification to a property is substantially damaged or destroyed, any reconstruction must be approved by the ACC. The homeowner must supply a complete set of elevations and materials samples. Minor repairs for modest damage do not need ACC approval, provided that the repairs restore structures to their pre-damage appearance. XVII. Maintenance of Properties: A well-maintained community enhances property values and provides a pleasant atmosphere for all of the community's residents and guests. One of the ACC's tasks is to help to maintain a quality environment in the community. Property owners are expected to maintain their property, including structures, lawns, trees, and other landscaping in a reasonable manner. According to Article VI of the Declaration of Covenants, in the event any owner fails to maintain his or her lot and improvements in a manner that is satisfactory to the Board of Directors, the Board of Directors has the right to enter the property and make any repairs or restorations to the buildings or improvements that are necessary. The cost of this maintenance will be subject to reimbursement by the owner. This action would only take place after a reasonable attempt to obtain compliance. Outside storage of materials is not acceptable, except for materials that may be necessary for approved construction that will not exceed 30 days in the open. Composting and other small structures must be placed as far from the street and from other resident's homes as possible. In accordance with the Covenants, any condition that is considered to be noxious or offensive will be brought to the attention of the property owner by the ACC and a timeframe for corrections clearly established. The maintenance of hazardous materials on any property is expressly prohibited and immediate action to remove such materials will be required of any property owner found to be storing them in the community. Page 8 XVIII. Continuing Violations: At the ACC's discretion, after notice has been attempted to be provided to a property owner, providing a reasonable period of time in which to take corrective actions to correct a violation, the ACC may recommend to the HOA Board that legal action be taken to compel a property owner to comply with the covenants. Alternatively, the Board may vote to have the work performed to bring the property into compliance with the covenants, and to bill the owner of the property for the repair. XIX. Antennas: 1. Permitted Antennas (subject to criteria below) Antennas used for direct broadcast satellite service (DBS), 39.4 inches or less in diameter. Antennas designed to receive television broadcast signals, regardless of size. Antennas designed to receive multipoint distribution service (MDS), 39.4 inches or less in diameter. Transmission-only antennas that are necessary for the use of other permitted antennas. Masts that are required for the installation of permitted antennas. 2. Prohibited Antennas All other antennas (including amateur or ham radio antennas) are prohibited. No antennas shall be installed, used or maintained upon common area property belonging to the Cypress Homeowners Association, Inc. or on any other owner’s property. 3. Rules for Installation & Maintenance of Antennas Residents may install permitted antennas according to the following rules, provided that these rules do not unreasonably delay the installation, maintenance or use of an antenna; unreasonably increase the cost of the installation, maintenance or use of an antenna; or preclude reception of acceptable quality signals from the antenna. Television broadcast antennas must be installed inside the house, whenever possible. Permitted antennas shall be located in a place shielded from view from other units or homes, from streets, or from outside the community to the maximum extent possible. If the antenna can receive acceptable-quality signals from more than one location, then the antenna must be located in the least visible preferred location. This section does not permit installation on common property, even if an acceptable-quality signal cannot be received from an individually owned lot. If an installation cannot comply with the previous section because the installation would unreasonably delay, unreasonably increase the cost, or preclude reception of acceptable-quality signals, the owner must ensure that the installation location is as close to a conforming location as possible. The Association may request an explanation of why the nonconforming location is necessary. Permitted antennas shall be neither larger nor installed higher than is absolutely necessary for reception of an acceptable-quality signal. Permitted antennas must be secured so that they do not jeopardize the soundness or safety of any structure or the safety of any person at or near the antenna. Page 9 Owners shall not permit their antennas to fall into disrepair or to become a safety hazard. The owner shall be responsible for antenna maintenance, repair, and replacement, and the correction of any safety hazard. Owners shall be responsible for antenna maintenance if the exterior surface of the antenna deteriorates. If the owner does not correct a safety hazard within thirty days after notification, the Association may enter onto the property to repair the antenna. Any repair expense will be charged to the owner. Antennas shall be neutral in color or painted to match the color of the structure (wall, railing) on which they are installed. Permitted antennas installed on the ground and visible from the street or other resident’s property must be camouflaged. A permitted antenna preferably should be camouflaged by existing landscaping or screening. If existing landscaping will not adequately camouflage the antenna, then the Association may require additional camouflage. If the camouflaging will cause an unreasonable cost increase, then the Association has the option to pay for additional camouflaging. Exterior antenna wiring shall be installed so as to be minimally visible and blend into the material to which it is attached. Permitted antennas shall be installed and secured in a manner that complies with all applicable codes, safety ordinances, city and state laws and regulations, and manufacturer’s instructions. If a permit must be obtained in order to be in compliance with a valid safety law or ordinance, then a copy of that permit shall be provided to the Association before installation. The purpose of this rule is to ensure that antennas are installed safely and securely, and to minimize the possibility of detachment and resulting personal injury or property damage. No more than one antenna providing the same service from the same provider may be installed by a resident. Antenna removal requires restoration of the installation location and any other affected locations, if any, to their original condition. Owners shall be responsible for all costs relating to restoration of these areas. Any owner desiring to install a permitted antenna must complete a Notification Form and submit it to the ACC. The installation may then begin immediately. The purpose of the notification process is to allow the Association to provide antenna installation rules and other information to owners and to determine whether the installation could pose a safety hazard. The Association may hire an independent contractor to determine whether an installation in a nonconforming location is necessary. If the independent contractor finds that installation in a conforming location is possible, then the owner will be required to relocate the antenna. If these rules are violated, the Association, after providing the owner with notice and opportunity to be heard, may bring action for declaratory relief with the FCC or any court of competent jurisdiction. If the court or FCC determines that the Association rules are enforceable, the owner is expected to comply with these rules immediately. Additionally, a fine may be imposed by the Association for each violation twenty-one days after the Association rules have been violated, unless the rules had previously been validated and the owner does not contest the rules’ application to his or her particular situation. In this situation, the Association will fine the owner immediately upon revalidation of the rules. If the violation is not corrected within a reasonable length of time, additional fines may be imposed for each day that the violation continues. Attorneys’ fees may be collected for any work performed by the attorney after the Association rules have been validated by the FCC or a local court. Page 10 If antenna installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit the installation or seek removal of the installation. 4. Guidelines for Mast Installation & Maintenance Mast height may be no higher than absolutely necessary to receive acceptable-quality signals. Masts extending 12 feet or less beyond the roofline may be installed , subject to the regular notification process (see below). Masts that extend more than 12 feet above the roofline or are installed nearer to the lot line than the total height of the mast and antenna above the roof must be pre-approved due to safety concerns posed by wind loads and the risk of falling antennas and masts. Any application for a mast higher than 12 feet must include a description of the antenna and the mast, the location of the mast and antenna installation, a description of the means and method of installation, including any manufacturer specifications, and an explanation of the necessity for a mast higher than 12 feet. If this installation will pose a safety hazard to association residents, then the Association may prohibit such installation. The notice of rejection shall specify these safety risks. Since masts extending more than 12 feet above the roofline pose risks of personal injury and damage to common and other resident’s individually owned property, these masts shall be installed by an experienced and insured installer to ensure proper and secure installation. Masts must be painted the appropriate color to match their surroundings. Masts shall not encroach upon common property or another resident’s individually owned property. To prevent personal injury and property damage, masts must be installed to safely withstand environmental conditions natural to Association’s location.