The Pineloch Community Association
Architectural Control Committee
-- Charter and Guidelines --
Revised June 2008
The Architectural Control Committee (ACC) is appointed by the Pineloch Community Association Board of Directors (Board) and reports directly to the Board. The purpose of the ACC is to centralize architectural control of the neighborhood to enhance, ensure, and protect the attractiveness, beauty, and desirability of the area as a whole while at the same time allowing compatible distinctiveness of individual developments in the area. The ACC shall ensure that all applications for changes, alternations, additions, or deletions to property in the community are in compliance with both the Restrictions in Use contained in the Declarations of Covenants, Conditions and Restrictions (DCCRs) for the neighborhood and these Architectural Guidelines established for the neighborhood. The ACC will consist of a minimum of three members appointed by the Board. Appointments of the ACC members will be by the Board interviewing volunteers. The Architectural Control Committee defined by the DCCRs is a standing committee of Board appointed community volunteers described by this charter.PROCEDURES:
The ACC will review submitted plans for exterior modifications and working through the management company, make periodic and inspections of the work in progress to ensure timely completion and conformity with approved plans and the DCCRs. The ACC shall meet to review applications with plans for alterations at least once every three weeks. Plans shall be approved or rejected, subject to the governing documents and guidelines. When a set of plans is rejected by the ACC, the applicant will be informed of the reason(s), any changes that could be made to facilitate approval of the plan, and their right to appeal the ACC's decision to the Board. When an appeal is made the Board may a) uphold the rejection of the plans, b) approve the plans, or c) return the plans to the ACC with questions and or comments for consideration.GUIDELINES:
The disposition of applications submitted to the ACC shall be determined in accordance with the Guidelines for the ACC that were approved by the Pineloch Board of Directors, June 2008. The guidelines are contained herein divided into nine sections:
I. General Provisions II. Landscaping III. Maintenance IV. Painting V. Roofing VI. Fencing VII. Room Additions VIII. Specific Items IX. Exceptions X. Ratification
A. PURPOSE
A. GENERAL
A. GENERAL MAINTENANCE
A. APPROVAL REQUIREMENTSC. SPECIFIC APPLICATION OF COLORS
1. Siding
A. ASPHALT OR COMPOSITIONB. CRUSHED MARBLE, SLAG, OR PEA GRAVEL
A. BREEZEWAY FENCING1. Standard Wood Fence
A. YARD ORNAMENTS, FIXTURES, AND FURNITURE1. Items On Front Porchesa. Material Composition1. Permanently Mounted Goals1. Shade Structuresa. Free Standing Structures2. Tool Sheds And Out Buildings1. Glass Block WindowsG. ANTENNA AND SATELLITE DISHES
1. Local TV Antennas1. Open Storage Prohibited1. For Sale Signs
A. PURPOSEDeed Restrictions and Architectural Guidelines protect neighbors and the value of our neighborhoods. All property owners and tenants are subject to the Deed Restrictions and to these Architectural Guidelines, and have agreed to comply with them. In turn, they rely on their neighbor's promises that they too will comply. Most problems can be resolved and unnecessary complications avoided by a thorough understanding of the Deed Restrictions and of these Guidelines. Compliance with the Deed Restrictions and these Guidelines by all neighbors will permit Pineloch property owners and residents to enjoy raising their families in a pleasing environment and an attractive community with sustained property values.B. BASISThese guidelines are intended to augment the Pineloch Community Association Deed Restrictions, officially titled "Declaration of Covenants, Conditions and Restrictions" (DCCRs), and do not replace or override them. All are based on the specific rules established by the appropriate governing documents. These guidelines may be amended by addition, deletion or alteration at any time the Architectural Control Committee (ACC), or as the Board of Directors deems appropriate.C. NEED FOR APPROVALAny addition, change or alteration which is visible from a street, common area or an adjacent property, from a height of six feet or less, must have prior approval from the ACC. Shrubs and other live items of landscaping are generally not restricted. The ACC has the legal authority to require any homeowner to remove or alter any modification which has not received prior approval or is not built according to approved plans. An ACC application is not required for maintenance as defined in Section I.F, "Quality of Repairs".D. APPROVAL PHILOSOPHYThe approval process is intended to minimize hardships or undue delays, while preventing additions or modifications to property that would be costly to correct if done improperly or in violation of the DCCRs or Architectural Guidelines. The ACC's goal in the review process is not to tell the owner that changes cannot be made to the property, but rather to assist in making changes in a way which conforms to the character of the neighborhood.E. PRECEDENTSWhile the Committee will make every reasonable attempt to be fair and equitable, the Committee and the Board will not necessarily be bound by past decisions of Friendswood Development, prior ACCs, or prior Boards. The Committee reserves the right to disapprove applications for improvement that require a variance from the established Covenants if it believes that such changes are not in the best interest of the future of the Community, even if a precedent was set by a decision of Friendswood Development, prior ACCs, or prior Boards.F. QUALITY OF REPAIRSIn spite of their best efforts, the Committee and/or the Board will from time to time make a decision that, in retrospect, is not in the best interests of the community. The ACC and the Board reserve the right to recognize such a situation, document it in the minutes of a meeting and no longer permit its use as a precedent. The same right applies if the Committee and/or the Board make an inadvertent error in allowing a change or addition.
From time to time, homeowners will be required to make repairs to portions of their property that may be damaged or deteriorated. This includes such items as curbs, sidewalks, porches, fences, balconies, roofs, etc. Repairs are required to be of equal or better quality than original construction and of the same type. While there is no specific requirement for the owner to apply to the ACC for such a one-for-one repair, the quality of such work may come under the scope of the Committee's responsibilities if the repair is done in such a way as, in the ACC's opinion, to detract from the appearance of the neighborhood.G. EMERGENCY AND DISASTER REACTIONDisasters such as fire and weather may cause significant construction and repair activity to take place. Temporary repairs or structures (those that are present for no longer than six months during reconstruction) will be acceptable under such a condition. Reconstruction in the form that existed before the disaster will be acceptable without approval by the Committee.H. EASEMENT ENCROACHMENTSApproval for changes to the former structure will be made with all haste possible so as to have no adverse impact on the owner. The Board and the Committee will take whatever action is reasonable to expedite its responsibilities. The intent will be to re-establish the neighborhood to its former quality as quickly as possible.
It is recognized that an owner has the right to take temporary protective action in the event of certain weather conditions, such as hurricane warnings. No prior approval for such temporary action is required. However, all such installations must be completely removed and the property restored to it's original condition within seven days of the passing of the emergency. This rule specifically applies to, but is not limited to, the boarding of windows and doors during a hurricane threat.
It is not the responsibility of either the Committee or the Board to police encroachment into utility easement areas. If possible, the Committee will advise the owner of a possible encroachment and recommend that the owner seek approval or waiver from the appropriate utility. However, the Committee will not be liable for any expense incurred by an owner as a result of action by a utility if such encroachment occurs, even if the Committee approved the change or addition without comment.I. CONSTRUCTION MATERIALSCertain building materials are considered unacceptable for exterior use in Pineloch. Other materials may be used for specific applications only. General guidelines are as follows:
BRICK Generally acceptable. Brick should match the existing brick on the residence as closely as possible.
ALUMINUM Acceptable for rain gutters and window framing. Aluminum siding (that simulates wood) may be used to replace original wood or composition siding if the color is acceptable. All aluminum items, regardless of their application, must be painted a color compatible with the home on which it is installed.
FIBERGLASS Generally unacceptable for all applications.
ROOFING MATERIAL Must be the same as the home for any structure that has three or more enclosed sides, regardless of the purpose or use of the structure, with the exception of green houses.
GLASS AND PLEXIGLAS Generally acceptable for most applications, including tops of greenhouses. Plexiglas is a suitable substitute for glass.
PLASTIC SIDING As with aluminum, plastic siding may be used to replace original wood or composition siding so long as it is made to look like wood siding (texture, form and color will be the acceptance criteria). Most other uses of plastic are unacceptable.
A. GENERALIII. MAINTENENCEIn general, the addition or movement of shrubs and other live items of landscaping is acceptable without a formal review by the ACC. Exceptions include landscaping that is, or will act as, a non-compliant fence, items that obstruct access to a vital community service (such as a fire hydrant), items that obstruct visibility causing a hazard to vehicular or pedestrian traffic, items that create a hazardous condition, or any item that generates a complaint from a resident of the community. These guidelines apply both to items that create a non-acceptable condition upon installation and items that grow to become non-acceptable.B. TREESAn ACC Application is required for the removal of a tree. An ACC Application is not required for tree maintenance (trimming) or for tree removal if the tree was uprooted by a windstorm with no possibility for rehabilitaion (see also Section I.G, "Emergency and Disaster Reaction").C. PERIMETER FENCERemoval of individual trees is discouraged unless the tree is diseased, dead, severely damaged, or poses a hazard. Because trees add value to a property and the community as a whole, a minimum of one tree is required in the front yard of all properties in the association. A tree is defined as being a minimum of 20 feet tall when mature. Trees that are not maintained at such a minimum elevation or that can not reasonably be expected to attain such an elevation when full grown do not meet this definition.
The Association does not regulate of assume responsibility for the location of tree placement (other than requiring a minimum of one tree in the front yard). The Association may require the trimming or removal of any tree located such that it blocks traffic sight lines at intersections, blocks public sidewalks (minimum 8 foot clearance required per City of Houston Ordinance), threatens to damage Association fencing, is dead, is diseased, or is severely damaged.
When a tree is removed, the stump must be completely removed to below grade level and covered with dirt.
Perimeter concrete fences are a community property, owned by and maintained by the Association. In general, the Association owns several feet of property inside the perimeter fence, and residents must respect this easement. Individual homeowners whose property adjoins the perimeter fence must ensure that the fence is not exposed to damage by adjacent plantings or land use, as they will be held responsible for any such damage occurring on or caused by their property. Plants that attach themselves to the perimeter fence are prohibited. Bushes and trees must be trimmed to prevent contact with the perimeter fence. Flower boxes, planters, composting boxes and any other raised beds must not be in contact with the perimeter fence. No structure of any kind may be attached to the perimeter fence.
A. GENERAL MAINTENANCEIV. PAINTINGAll improvements on a lot must be maintained in a state of good repair and shall not be allowed to deteriorate. Repairs shall include, but are not limited to, the following:B. YARD MAINTENENCE
- All painted surfaces must be clean and smooth with no bare areas or peeling paint, and all surfaces must be free of mildew.
- All rotted and damaged wood must be replaced and any damaged brickwork repaired.
- Gutters must be kept in good repair and are not allowed to have missing pieces, large dents, sags, rust, or hanging parts.
- Roofs must be maintained in good repair with no missing or curling shingles.
- All glass surfaces must be whole.
- Fences and gates must be kept in good repair. This includes, but is not limited to, rotten wood, broken boards, obvious lean of the fence structure, or peeling sealant if a wood preserving sealant has been applied.
- Garage doors must be undamaged and in good repair.
- Sidewalks, driveways and curbs must be clean and undamaged. Seams must be kept free of weeds.
- Lawns must be kept mowed, edged, and weed free; flower beds must be kept free of weeds; and shrubs and trees must be kept trimmed.
- There must be no storage of toys, equipment, clutter and/or debris in public view.
- Perimeter fences maintained by the Association must not be exposed to damage by adjacent plantings or land use. Bushes and trees must be trimmed to prevent contact with the wall.
- Raised beds for composting or planting, composting boxes and flower boxes must not be in contact with the perimeter wall.
- Trash receptacles must be screened by adequate planting or fencing so they are concealed from view of neighboring lots, streets, parks, and public areas. The construction of a fence in the front yard to screen trash is prohibited.
- No structure of any kind may be attached to the perimeter wall.
- House numbers must be easily readable from the street.
All lots shall be kept in a healthful and attractive condition, all weeds removed and grass regularly mown and edged. Dead plants, trees, and bushes shall be promptly removed from the property. There must be no storage of toys, equipment, clutter and/or debris in public view.NOTE: Covenants give the Association the right and responsibility to have unkempt property maintained and to place a lien against the home for expenses.
A. APPROVAL REQUIREMENTSThe intent of these guidelines is for a homeowner to be able to select and apply paint colors that replicate the original homebuilder/ developer paint application. However, ACC approval is still necessary for replication. If a homeowner wants to select and apply either a different or the same color to the exterior of the home, ACC approval must be sought and all paint guidelines shall apply. Paint applications must include a complete description of brick color and all other colors used on the exterior of the residence. Additionally, the application must be accompanied by paint color samples for the new paint colors proposed on the application. Paint applications will not be approved until paint color samples are provided.B. GENERAL COLOR SELECTIONColors selected from the original color schemes of the neighborhood are most likely to meet approval. Generally, muted earth tones (grays and browns) are considered appropriate.C. SPECIFIC APPLICATION OF COLORSWhite is always acceptable. Primary, bright or pastel colors will not be approved. Specifically, black, reds, yellows, oranges, purples, blues, and greens will not be approved. Exceptions to this rule for shutters and front doors are defined in Section C, Specific Application of Colors -- see Sections IV.C.4, "Shutters" and IV.C.6, "Doors". Within the parameters of the palette of acceptable colors specified herein, if the homeowner so desires, the ACC shall approve a trim color which contrasts with the siding and brick color.
First, the basic coloring of the brick must be established. If the brick blends best with grays, then white or a shade of the gray color family should be selected for the siding color. If the brick blends best with brown tones, then white or a shade of the brown color family should be selected for the siding. Once the siding color is selected, use the following tests below to complete the color scheme for the home:D. GENERAL COLOR DEFINITIONSelect from the following:2. Stucco or Plaster Board
a. White b. Color from approved color palate (grays and browns) that blends best with the brick color Note: Vinyl siding and trim may not be painted, but its color must follow the selection criteria for paint.
Select from the following:3. Trim
a. White b. Color from approved color palate (grays and browns) that blends best with the brick color c. Match brick color All painted surfaces other than siding, doors, garage doors, soffit, brickguard, and shutters. (See Figure One for a definition of terms). Select from the following:4. Shutters
a. White b. The siding color c. A color from within the same color family as the siding. Select from the following:5. Gutters
a. White b. Black c. The siding color d. The trim color e. These limited contrasting colors may be used when the siding and trim are the same color: grays, browns, dark greens Gutters must be the same color as the fascia.6. DoorsOnly the downspouts may be painted to match the adjacent surface if desired to hide them against the brick or siding. The trough part of the gutter must match the fascia even if the downspouts are painted to match the brick or siding. (See Figure One for a definition of terms).
Doors must be painted a single color. Select from the following:7. Garage Doors
a. Any of the natural wood tones (stained and varnished) b. The shutter color c. The trim color d. The siding color e. These limited contrasting colors may be used when the siding and trim are the same color: black, dark greens f. Match brick -- Only in cases where the resulting color does not violate rules against primary and pastel colors. Specifically, reds (those that are muted with brown over-tones), browns, and grays will be approved. Garage doors must be painted a single color. Use of the siding color is required.8. Metal RoofsSelect from the following:9. Wrought Iron
a. No paint. See Section V.E, "Copper" b. Match adjacent surface c. Match color of weathered wood All wrought iron, or simulated wrought iron fencing must be painted black. See Section VI.D, "Wrought-Iron Fences And Gates".10. MasonryOutdoor brick, masonry, driveways, curbs, or sidewalks must not be painted or stained. Stucco application to existing brick is prohibited. Stucco may be used as a decorative medium only and should not be the predominate facade.11. FencingThe prohibition against painting curbs does not exclude or regulate the use of curb painted house numbers.
Wood fences may not be painted or stained. See Section VI.B, "Yard Fencing".12. Roof Vents and FlashingSewer vents, heater vents, attic vents, dryer exhaust, and any other vents that penetrate the roof should be painted in a manner that blends with the color of the roof. Roof valley flashing may be painted in a manner that blends with the color of the roof. Any roof flashing that form a seal against chimneys, brick, or siding should be painted to blend with its respective adjoining surface.13. Brickguard and SoffitSelect from the following:
a. The color of the trim b. The color of the siding The following colors require more judgment by the ACC to determine if they are acceptable. These definitions are provided to assist the homeowner in applying these colors more successfully:
- Cream or Off-White: These colors are considered to be a part of the brown color family and should not be applied when the predominate brick color is gray. Homeowners should compare the color sample directly to the brick in the sunlight. Creams and off-whites tend to look yellow depending on the brick color. This condition should be avoided.
- Blue-Grays: This end of the gray color spectrum always requires close assessment. Blue and blue-grays are not permitted by the ACC Guidelines. The ACC will review color samples provided in the sunlight. A sample must appear to be substantially more gray than blue to be acceptable.
- Dark Green (shutters and doors only): Muted, deep/dark greens are acceptable for contrasting color on shutters and doors, bright greens are not.
- Dark Red (front doors only): The color of muted reds selected must match the brick of the home and tend to be "deep and dark" verses "bright". Bright reds, oranges, pastels, and other primary brick colors are not eligible for matching as indicated in Section IV.C.6, "Doors".
- The Brown Color Family: Most shades of tans and browns are acceptable. Light browns that have a significant amount of yellow or gold in them and darker browns that contain a substantial amount of red should be avoided.
Prior to submitting color samples for a project, examine them in outdoor sunlight and directly compare to the brick color of the home. Colors should "blend" and complement the brick color as required in Section IV.B, "General Color Selection". This is the test method used by the ACC when colors are submitted that are on the borderline of what is normally approved.
A. ASPHALT OR COMPOSITIONVI. FENCINGShingles must have a minimum weight classification of 240 pounds per square. Generally, 30-year shingles meet this requirement. Shingles must be comparable in color to "weathered-wood" shingles and comparable in surface textural appearance to wood shingles. Three-tab shingles are not permitted.B. CRUSHED MARBLE, SLAG, OR PEA GRAVEL"Loose rock" roofing may only be set in a built-up type flat roof on roof surfaces not visible from the fronting street.C. CONCRETE, SLATE, OR ALUMINUM/STEEL SHAKEShingles/Shakes must be comparable in color to "weathered-wood" shingles. In addition, aluminum or steel shakes must be comparable in surface textural appearance to wood shingles. Concrete composition shingles must be comparable in surface textural appearance to slate.D. SPANISH TILE (CLAY)Tile roofs do not match the architectural style of the community and are not permitted.E. COPPERDecorative copper roofing may be used on widow's peaks, dormers, and bay windows. The ACC recommends that these roofs be allowed to age to its natural green color. However, if the homeowner desires to paint this roof type, the paint guidelines in Section IV, "Painting" must be followed.F. TIN OR ALUMINUM SHEETCorrugated tin or aluminum roofs are not permitted in any application, as they do not blend with the architectural style of the community. Tin or aluminum "ranch house" style roofing may be used on widow's peaks, dormers, and bay windows if painted (See Section IV, "Painting").G. CEDARWood shake roofs are not permitted.Any other type roofing material shall be permitted only at the sole discretion of the ACC upon written request.
A. BREEZEWAY FENCINGVII. ROOM ADDITIONSFor homes with detached garages, where a covered breezeway connects the house to the garage, a fence structure may be installed that meets any of the criteria below. Any of these improvements must follow a straight line from the house to the garage, must be as close as practical to the sidewalk that connects the two structures and be anchored to both the house and the garage or to two posts that are in close proximity to the house and the garage.B. YARD FENCINGA standard wood fence and gate combination maybe constructed of no greater than six feet in height. This may be topped with a wooden lattice from the top of the fence to a height not to exceed the lowest edge of the roof covering the walkway.2. Wooden Lattice FenceA wooden lattice fence and gate combination may be constructed from ground level to a height not to exceed the lowest edge of the roof covering the walkway.3. Wrought Iron FenceA wrought iron fence and gate combination may be installed from ground level to a height not to exceed the lowest edge of the roof covering the walkway.C. TRASH ENCLOSURESChain link fences are not permitted, nor are fences exceeding six feet in height. Six-inch (standard) or four-inch (narrow), notched (dog-eared), six-foot western red cedar pickets that are free of large or loose knots and/or splits are required. The fence should utilize 4" X 4" posts set in a minimum of two feet in concrete on eight-foot centers. Rot boards are permitted as this lends itself to more efficient maintenance, but the overall fence height may not exceed 6'-0" from the common grade. Fencing that crosses over culverts or drainage channels may be maintained at the same elevation as the adjacent fencing instead of following the exact contour of the ground. There should be little variation in fence height or style from one property to another. If metal poles are used for posts, they must not be visible from any public area or neighboring properties from 6 foot above ground level.
Fencing on the rear or side property lines of certain lots which adjoin a street right-of-way or restricted open-space reserve may have originally been installed with a design that is different from the community standards outlined above. In order to preserve the overall architectural continuity, replacement of these fence sections should be of the same design as the original fence in that area (including the fence facing). Regardless of design, ACC approval is required for all new fencing. Special situations with non-standard fencing should be noted on the ACC application. Applications must include a plot plan that clearly defines the project.
Homeowners are encouraged to collaborate with their neighbors when planning fence projects. The purpose of the six-foot height rule is to encourage all fencing elevations to be consistent and uniform throughout the entire subdivision. When new fencing meets old fencing that has sunken below the standard 6'-0" elevation, height tapering over the span of one eight foot section is appropriate to assure the continuity of the fence line.
Homeowners whose property line includes sections of the Association maintained wall and whose property is greater than the common grade (on the outer side of the Association wall) are required to install new fencing at an elevation shorter than 6'-0", so that the cedar pickets are not visible from the public ares over the wall. In general, the Association wall is set at 6'-0" from the common grade of the Association's property. As with interfaces between new and old fencing, it is appropriate that height tapering over the span of one eight-foot section is enough to assure the continuity of the fence line and overall appearance of the Association wall to the public.
Fences must be allowed to weather with age. Only a clear coat of wood preservative may be applied to cedar fences after aging.
Trash receptacles must be screened by adequate plantings or fencing so they are concealed from view of neighboring lots, streets, parks, and public areas. The construction of a fence in the front yard to screen trash enclosures is prohibited.D. WROUGHT-IRON FENCES AND GATESWrought-iron fences and gates may be permitted across driveways and, in some cases, along side lot lines. All such installations must have prior approval by the ACC. As a general rule, wrought-iron gates across driveways are permitted but they must a) be black in color, b) contain no decorative emblems or ornamental work and c) must be set three feet back from the corner of the house. Wrought-iron fences are allowed between houses (side lot line) but the fence must be black in color and six feet in height. Wrought-iron fences are not allowed on corner lots on the side street lot line. Front-facing fences between houses must be normal cedar picket fence.E. FRONT YARD FENCINGFront yard fencing of any type is not permitted, as it is inconsistent with the overall design of the community.
The construction of room additions or any major modifications to the structure of the residence building requires an ACC Application in addition to any engineered drawings sealed by professional engineers or other architectural drawings as my be approved for city permits. The ACC recommends submitting an ACC Application for approval of concept with rough hand-drawn sketches prior to going to the expense of obtaining professional drawings as may be required for city permits. Additions must be designed to blend with the architecture of the existing structure and must be constructed of equivalent materials.VIII. SPECIFIC ITEMSRoom additions must remain inside the easements, setbacks, and other boundaries defined on the plat of the property. A sealed property plat is normally provided to the homeowner as part of the closing on the purchase of the property. A property plat (instead of a hand sketch) must be provided as part of the ACC Application for room additions.
The addition of second floors above detached garages and the construction of a residence with more than a total of two floors are not permitted because these additions are not consistent with the overall design of the neighborhood. All residences are required to have at least a two-car garage per the original design for the community.
A. YARD ORNAMENTS, FIXTURES, AND FURNITUREAll lawn ornaments, installed outside of the fenced portion of the property, whether temporary or permanent, will conform to the general restrictions of the DCCRs. This includes the eight foot height limit, the prohibition of certain materials (such as plastic), and the limits to reasonably subdued earth-tone colors compatible with the neighborhood. All such items must be kept in the same quality of repair as is required of the home and land. Any and all items kept for prolonged periods anywhere outside of the house are covered by the DCCRs. It does not matter whether they are permanently installed by being cemented, or otherwise fixed, into the ground or just maintained on top of the ground or on porches.B. EXTERIOR LIGHTINGOrnaments include, but are not limited to, such items as planters, decorations, statues, bird baths, lawn ornaments and other decorative items. Furniture includes chairs, benches, lounges, tables, etc. Fixtures include swings, lighting fixtures not described elsewhere in this document, barbecues, cookers, smokers, etc. Such items are encouraged to promote individuality. However, the following guidelines apply:
Items kept on porches such as furniture and planters must meet the general restrictions (DCCRs) but will not require written permission unless a specific complaint is received. For purposes of Architectural Control, an owner may keep for prolonged periods items of furniture, ornaments or planters on the front porch of his/her home without the written permission or consent of the ACC. The review committee or Board will only make a judgment if a specific complaint is received.2. Items In Enclosed YardsThe intent of the committee is to permit the greatest possible flexibility for use of improvements in enclosed yards. It is recognized that such approved improvements as pools and children's play areas require some items that would not fall under the approval criteria. Such items include pool furniture, children's play equipment, tables and chairs, etc. This type of item is seldom installed or kept on a permanent basis. In general, items of six feet or less in height, of a temporary (48 hours) or mobile nature and kept within the confines of the fenced yard area will not require written approval. It will not matter whether the item(s) is visible from the street or an adjoining property as in the case of items behind wrought iron fences. Such items may be composed of any material and be of any color.3. Front Yard ItemsThose items kept permanently, or for prolonged periods, outside of the fenced area of the property will receive the greatest attention, the greatest visibility and will require written approval. For purposes of consistency, the term "prolonged periods" will be consistent with the "semi-permanently parked" rule for parked or abandoned cars (e.g. 48 hours -- see Section VIII.J.2, "Semi-Permanently Parked"). All of the following paragraphs, unless otherwise specified, refer to items outside the fenced area and not to those on porches or within the fenced areas.a. Material CompositionThe same general guidelines apply to these items as apply to other structures. Certain materials are generally unacceptable. Such materials include plastic, fiberglass, unpainted aluminum or steel, etc. Acceptable materials are wood (either unpainted or painted to blend into the natural background), brick, stone or cement/concrete, pottery, clay, tile and wrought iron. Exceptions can be made at the discretion of the ACC or the Board.In order for an improvement or change to qualify for acceptance it must blend with the composition and tone of the surrounding area. The ACC and the Board will exercise their best judgment to determine this compatibility.The following items are generally acceptable for being maintained in the unfenced portion of Pineloch properties:
1) Most lighting fixtures that do not exceed eight feet in height.
2) "Park" benches and gliders made of any combination of natural wood, wrought iron, brick, stone or concrete.
3) Planters made of any combination of natural wood, wrought iron, brick, stone, clay, pottery or concrete
4) Ornaments, such as statues, sculptures, bird baths, fountains, etc. that are of a size proportional to the surrounding landscape and are composed of natural wood, wrought iron, brick, stone, clay, pottery or concrete. The test for permissability for this class of items will be the extent to which it blends into the overall landscape of the surrounding properties. As a general rule, the number of front yard ornaments should not exceed six, no more than one of which is over one foot tall.
5) Holiday decorations (see Section VIII.C, "Holiday Decorations" below). d. Specific Unacceptable Items
The following items will not be considered acceptable for unfenced areas:
1) Any item that can be considered playground equipment or children's toys, such as swings, slides, see-saws, etc.
2) Brightly painted items, the color of which makes them sufficiently conspicuous so as not to be compatible with the surrounding properties.
3) Any item greater that eight feet tall. In general, the addition of exterior lighting is both acceptable and desirable. This includes ground level lighting, stand-alone lamp posts and lighting mounted on a house or approved structure. Such lighting fixtures must be compatible with the general tone and design of the neighborhood. High intensity lighting is inappropriate for residential neighborhoods. In all cases, stand-alone lighting fixtures must adhere to the eight foot maximum height rule (see Section VIII.A.3.d, "Specific Unacceptable Items"). Flood and area lighting shall be positioned or shielded so as to not effect neighboring properties. An exception to this may be made when owners of neighboring properties deem the lighting to be beneficial to their property and agree in writing to its installation. Generally, only white or yellow lighting shall be approved.C. HOLIDAY DECORATIONSHoliday decorations are both permitted and encouraged and will not require approval by the ACC. However, such decorations may be installed no sooner than 30 days prior to the holiday and must be removed within fifteen days after the holiday for which they are intended. Furthermore, the ACC does reserve the right to require the removal of decorations that either generates complaints or are deemed offensive. This right will be used sparingly.D. BASKETBALL GOALS AND HOOPSAny planned permanent or portable basketball goal which will be placed in view of the street or side yards must be reviewed and approved by the ACC to assure compliance with these guidelines prior to location on the property.E. BACK YARD STRUCTURESBasketball goals shall be mounted on a metal pole, not affixed to any house or structure. Goals shall be commercially manufactured and made of fiberglass or similar weather-resistant material. Goals must be maintained in good condition, painted when necessary, and nets must be replaced when frayed or missing. Posts, backboards, bases, weights, nets and hoops will be of an appearance, size, shape and color that is not offensive to the decor and landscaping of the neighborhood. Bright fluorescent colors are not acceptable.
Permanently mounted goals are permitted only to the rear of the centerline of the house and must be at least three feet from interior lot lines.2. Portable GoalsWith prior ACC approval, portable goals may be located at any residence. When not in use, portable goals must be located within six feet of the house or garage and at least three feet from interior lot lines.Up to three backyard structures, including no more than two each of any of the following, will be permitted: Shade structures, tool sheds and out buildings, and play structures and play equipment.F. WINDOWS AND TREATMENTSShade structures may be constructed only of wood, trellis or shingles. If shingles are the preferred choice of roofing material they will be of the same color, texture and weight as the shingles utilized on the residence. Wood surfaces may be left natural, stained or painted to match the residence.2. Tool Sheds And Out BuildingsFree-standing structures such as sun shelters, cabanas, gazebos and arbors may not exceed 100 square feet in area coverage and may not exceed the eight feet in height limitation measured from ground-level.b. Attached StructuresA patio cover or shade cover which is a) firmly and substantially affixed to the main existing residence, and b) is adjacent to and abutting the main residential dwelling, may be considered a part of the existing structure. As such, it may exceed the height of eight feet and the area coverage of 100 square feet. Any cover NOT abutting and firmly and substantially affixed to the main residential dwelling is considered to be free-standing.Tool sheds and out buildings are limited to a maximum of 100 square feet in size and must be located within the fenced area of the yard. Utility buildings constructed of metal, plastic or other materials and/or colors which do not match the main residence are limited to a maximum of six feet in height. Utility buildings constructed of materials whose appearance matches the main residence (texture and color of siding; texture, color and weight of shingles) may extend above the fenceline but are limited to a maximum height of eight feet as measured from grade.3. Play Structures/Play EquipmentPlay structures and equipment are limited to eight feet in height and 100 square feet in area and must be located within the fenced area of the yard and to the rear of the main residential structure. Any shading or roofing of these structures must conform to the exterior materials of the main residence. Permanently affixed canvas or plastic covers are not allowed.1. Glass Block WindowsG. ANTENNA AND SATELLITE DISHESGlass block windows are allowed on the main residential dwelling but they must be located on the sides or rear of the house.2. Security/Storm ShuttersSecurity and Storm shutters are generally not allowed on the exterior of the house. An exception to this is shutters that can be fully withdrawn into an inconspicuous receptacle when not in use. Such receptacle shall be required to be painted so as to blend with the coloring of the home and the design of the community.3. AwningsAwnings are not in keeping with the design of the community and are not allowed.4. Storm DoorsSecurity and/or storm doors will be allowed on the exterior of a home provided that they meet one of the following options:5. Solar ScreensThe design and color are subject to review and approval by the ACC and shall be in keeping with the original door and home design. Excessive ornamental work is considered distracting and not in keeping with the general architectural signature of the community.
1) Storm doors of a solid clear or brown-tinted glass pane within a simple metal frame.
2) Security/storm door combination of a solid glass pane with a simple non-obtrusive wrought iron structure. Solar screens are permitted provided that they are of a color that blends well with the home.1. Local TV AntennasH. WOODPILESAntennas for local television reception that do not exceed twelve feet in height may be installed without prior approval of the ACC. These antennas shall preferentially be located within the attic. If an external antenna is required to obtain an acceptable signal, the preferred location is behind the roof ridge so as not to be seen from fronting streets.2. Small TV/Satellite DishesDish antenna of one meter or less may be installed without prior approval of the ACC. These dishes shall preferentially be located so as not to be seen from fronting streets and, if possible, be located in the rear of the residence and below the fenceline.3. Large TV/Satellite DishesDish antenna with diameters over one meter require ACC approval prior to installation. These dishes must be installed in the rear of the residence and below the fenceline, and must be located so as not to be visible from perimeter streets, common areas or adjacent lots.4. Other AntennasAntennas, other than those described above, are not permitted if they are visible from any street, common area or adjacent property.Stacked/stored firewood must be stored behind the fence and not visible from any street.I. ANIMAL CONTROLNo animals, livestock or poultry may be raised, bred or kept on any lot for any length of time, except for common household pets such as dogs or cats (not to exceed two in each category) and for professional petting zoo services utilized for birthday parties (not to exceed two hours duration). No animals may be kept that are obnoxious to other residents in the vicinity or allowed to roam the subdivision. Animals must be controlled by the owner on a leash when not in an owner's back yard or home.J. STORAGE OF VEHICLES/BOATSOwners are expected to clean up after their animals when utilizing the parks and sidewalks within the Association.
1. Open Storage ProhibitedK. BIRD HOUSESCommercial vehicles, boats, trailers, campers, recreational vehicles, motorcycles, buses or other such equipment, or inoperable vehicles of any kind, may not be stored or semi-permanently parked in any location where they are visible from any adjacent street or property. Inoperable vehicles include those that are disabled as well as those not currently licensed, inspected or registered.2. Semi-Permanently Parked"Semi-permanently parked" means parked without movement for 48 hours or more. Periodic movement of the vehicle for the purposes of circumventing this requirement does not comply with this standard.3. Garage StorageBoats, trailers, campers, recreational vehicles or other such equipment may be stored in a garage. Every home in the community must have a minimum of a two-car garage.4. Visitor VehiclesA permit to allow temporary parking of recreational vehicles or trailer homes of visiting friends or relatives can be granted by the Management Company. The duration of each permit shall not exceed two weeks, and no residence may be permitted for more than two weeks out of every six months. The permit will be visibly posted in the vehicle and will prominently display the approval authority and the expiration date of the permit.Certain types of bird houses are generally maintained on tall poles of otherwise unacceptable height. This item may be considered acceptable if the total height of the birdhouse structure does not exceed twelve feet above the ground. Such an item must be within the fenced area of the yard and not in a utility easement. It may be attached to a perimeter fence if the owner of the effected neighboring property agrees in writing. Only one item per property is allowed.L. FLAG POLESA flag staff may be mounted on the house, garage, tree or other improvement structure so long as the length of the staff does not exceed six feet and the top-most part of the staff does not extend to a point higher than the highest point of the specific structure (tree, house, garage, etc.) on which it is mounted.M. WEATHER VANESWeather vanes are not allowed.N. SIGNSThe following types of signs are generally acceptable. With the exception of Community Activity signs, none of these require approval of the ACC or the Board.O. SWIMMING POOLSOne sign for each lot of not more than 28 inches by 38 inches advertising the property for sale or rent.2. Builder's SignsOne sign for each lot of not more than six square feet advertising the builder of repairs/improvements to the property. Sign may be displayed for the duration of the construction project only.3. Political SignsPolitical signs advocating the election of one or more political candidates or the sponsorship a political party, issue or proposal, provided that such signs are not erected more than 30 days in advance of the election to which they pertain and are removed within five days after such election. Signs may not be erected on Association property such as parks, common areas, explanades, or the concrete fences.4. School Spirit SignsSigns that relate to one or more children residing in the dwelling unit and the school they attend shall be permitted so long as the sign is not more than six square feet. There shall be no more than one sign for each child under the age of eighteen residing in the dwelling unit.5. Security SignsOne sign for each lot not more than twelve inches by twelve inches advertising the commercial security or alarm company which is providing service to the dwelling.6. Garage Sale SignsGarage sale signs may be posted for the duration of the event. Signs shall be posted no earlier than Thursday and shall be removed no later than Sunday evening. Note that recurring garage sales are considered a home business and are prohibited by our deed restrictions.7. Community Activities SignsSigns promoting community activities may be posted in the Common Areas with prior approval from the Board.Backyard pools require approval. As with all property improvements, the homeowner is solely responsible for easements, property encroachments, spoils disposal, and drainage issues. At a minimum, applications should show property and easement lines along with an outline of the new pool.P. OTHER DEED RESTRICTION PROVISIONSThese guidelines are not intended to supplant or to expand upon all provisions of the deed restrictions, officially titled "Declaration of Covenants, Conditions and Restrictions" (DCCRs). Owners should ensure they are familiar with both the deed restrictions and with these Guidelines to ensure continued worry-free enjoyment of the community by all concerned.
Exceptions to these guidelines and/or the Deed Restrictions will be made in exceptional and unusual cases to accommodate Federal, State and Local laws. An example would be to permit a structure that does not conform to be built for the special needs of a handicapped resident.In all such cases, the owner will be granted the variance on a temporary basis for only that period during which the exceptional or unusual case exists. In addition, the Association will file a document in the deed records of Harris County that recognizes that there is a deed restriction violation on the property that has been granted a temporary variance. The document will make it clear that when the exceptional or unusual case no longer exists, the temporary variance will no longer be in effect.
Exceptions will not be made for reasons of economic convenience or hardship, to accommodate recreation activities or for reasons of individual taste, appearance or beautification.
Comments and questions about the Pineloch Community Association may be emailed to the Management Company at CMSI.Comments and questions about the PCA web site may be emailed to the site curator at
. (NOTE: Be sure to put "PINELOCH" or "PCA" in the message subject line, so my spam filter doesn't kill it before I see it!)
