Addendum A

Effective: September 23, 2002

Living in a community like Warren Shores is a source of pride and enjoyment for all residents. While we all have a diverse range of goals, maintaining the excellence and values of our neighborhood is one we all share. It is in this spirit that these Guidelines have been drafted and will serve to better describe what is acceptable or unacceptable exterior architecture, structures, fixtures, landscaping, etc. While comprehensive, these Guidelines cannot possibly answer all questions. Accordingly, the Architectural Review Committee ("ARC") process is also described so you will understand how the ARC works, when it meets, how it applies to you, and how you may attend a meeting and have your voice heard.

The main purpose of these Guidelines is to assist community members, and prospective community members, in the interpretation of the Warren Shores governing covenants and the review of applications for modifications and improvements to visible portions of your property. By defining our community’s architectural rules and policies in a document separate from the covenants, more readable language may be used to describe the ARC process and purpose, and changes to reflect current community goals may be more easily made. The primary objective of the ARC is to have a clear and plain description of what is permissible and what is not permissible. It also creates a fair, open, repeatable process in which all residents are assured of consistent consideration of submitted plans. It is not the intention of the ARC to be unduly restrictive, but guidelines are necessary to preserve the general appearance of the neighborhood. These Guidelines were approved by the Association’s Board of Directors on May 18, 2002, and supersede all prior guidelines.  ARC meetings are generally held monthly. Scheduling conflicts or varying needs of the ARC may require that the meeting dates be changed from time to time. The location is generally in a residence of one of the members selected on a rotating basis. All meetings are open to all residents. If you would like to attend a meeting, contact the ARC chairperson or one of the ARC members to find out the location and time of the next meeting. Sometimes a spontaneous meeting may be called if a request for review needs more timely response.

As a resident of Warren Shores you must abide by these guidelines.  Approval must be obtained before changing the appearance of your property.  Your application must be submitted to the committee to be reviewed; It shall be returned to you, with appropriate signatures, within 30 days. If your application has not been reviewed and returned to you within that time, it is approved by default. 
No building or other structure which violates the Covenants shall be erected or allowed to remain on any Lot. Also, any approval shall not be considered approval of the structural safety or integrity of the improvements to be constructed, or conformance of such improvements with city building codes, zoning ordinances, subdivision regulations, or other applicable governmental rules and regulations. Owners are responsible for compliance with all such codes, ordinances, rules, and regulations. Application forms may be obtained from any of the ARC members. Some additional material may need to be included with your review application.

Please consult the following guidelines for specific information about these and other alterations or improvements. If you are in doubt about whether your changes need approval, please contact an ARC member.

Some minor alterations need no committee review. These are relatively simple matters such as repainting in the existing colors of your dwelling or adding plants to your existing landscaping. Generally, these are ongoing maintenance items or additions that do not substantially alter the existing state of the property or that result in minor changes to your existing property.

All approval or rejection of submissions for review will be signed by a majority of ARC members with copies given to residents and saved in the ARC files. All rejections will list the reasons for denying the application and explicitly state which of the covenant rules or guidelines are not being adhered to by the proposal.

Any Owner whose application has been denied by the ARC may appeal the decision of the ARC by submitting a notice of appeal to the ARC within thirty (30) days after receipt of the ARC’s decision. The ARC shall then set a date for hearing the appeal, which date shall be cleared as to availability with the Owner, and which date shall be not later than thirty(30) days after the ARC receives the Owner’s notice of appeal. The hearing shall be conducted in accordance with such guidelines as may be set forth at the beginning of the hearing. The owner may present such evidence or documents that are relevant to the appeal. The ARC shall issue a written decision to the Owner within thirty (30) days after the date of the hearing. The decision of the ARC on the appeal shall be made by majority vote. The decision shall be sent to the owner by first class, postage prepaid mail.

After receiving the ARC’s decision on the appeal to the ARC, the Owner may subsequently appeal that ARC decision to the Association’s Board of Directors by submitting a notice of appeal to the Association within thirty (30) days following the decision of the ARC. The Board of Directors shall attempt to schedule an appeal hearing as soon as possible, but shall do so not more than sixty (60) days following the Association’s receipt of the notice of appeal. The date shall be cleared as to availability with the Owner. The hearing shall be conducted in accordance with guidelines set forth at the beginning of the hearing. The Owner may present such evidence or documents as are relevant to the appeal. The Board of Directors shall issue a written decision to the Owner within thirty (30) days after the date of the hearing. The decision shall be mailed to the Owner via Certified Mail. The decision of the Board of Directors on the appeal shall be made by majority vote.

General Guidelines

The format for this document is as follows: The Guidelines state the "rule", the process by which a homeowner applies for approval of a request, and the guidelines or suggestions regarding each category. We suggest that in the case of major additions or improvements you talk informally with your immediate neighbors to let them know what you are doing. This is not mandatory, but encourages communication and understanding on the part of our residents. However, regardless of the agreement or disagreement of neighbors, the ARC will base its approval or disapproval of homeowners’ requests on these guidelines and the formal Covenants. After approval of your plans, you must begin your project within one (1) year. We  ask that you estimate a reasonable completion time, and that your project be finished within a reasonable time period after it has begun. Such time period shall not exceed two (2) years.
Should your project not be started with the one year guideline, you must again resubmit your plans for approval by the ARC. Prior approval does not guarantee subsequent approval.
Our objective is to prevent instances of additions and other projects which remain partially completed over a long period of time. These uncompleted projects detract from the value and appearance of the neighborhood as a whole.

Each homeowner is responsible for the upkeep and maintenance of his or her residence, based on the provisions in the Covenants. If you are an absentee homeowner, it is especially important that your tenants have a copy of the Covenants and these Guidelines. It is your responsibility to oversee the maintenance of exterior paint and fencing condition, proper lawn maintenance, vehicle storage, rubbish removal, etc. We encourage you to protect your real estate investment by remaining an active, concerned member of Warren Shores, even if you are not living in the neighborhood.
If you have any questions about the following Guidelines, please contact a member of the ARC before submitting your plan for approval.

1. Improvements and Additions to House and Garage

THE RULE: No additions or alterations to the exterior of any house and/or garage (including patio and deck extensions) may be made without the prior written approval of the ARC.

THE PROCESS: As stated in Article 3 of the Covenants, the ARC will require the submission of one complete set of plans and specifications, including a plot plan which will indicate the location of buildings, fences, and any other structure to be installed, as well as the materials to be used. Plans and specifications should also include the detail of the exterior color scheme, including all exterior surfaces. These plans are to accompany the ARC application form.

SUGGESTIONS AND GUIDELINES: The ARC recommends that preliminary plans should be submitted prior to the preparation of final working drawings.

2. Exterior Color Scheme
THE RULE: The ARC has two color boards with samples of approved paint colors for our neighborhood. Painting projects must include a base color and a contrasting trim color. Trim consists of window, door, and garage door boxing, fascia, baseboards, and all 2" x 4" vertical trim. The only white, or near white, color allowed is on the original stucco areas over the garages and fireplace chimneys. If an Owner wishes, these stucco areas may be painted body or trim color. Garage doors must be painted either body or trim color. Houses which are one color must be returned to two color when repainted, or within five (5) years following the effective date of these Guidelines, whichever comes first.

The ARC has and will periodically update, as necessary, the list of exterior color selections. Individual homeowners’ color selections must be generally compatible with the other buildings in the neighborhood. Except as noted above, white is not an acceptable color.

THE PROCESS: If you are repainting your house the SAME color it is at present, you need no approval. If you are repainting your house a different color, you must get the sample color boards from an ARC member, choose your paint and attach paint samples from your paint store to the approval form.

SUGGESTIONS AND GUIDELINES: Encourage homeowners to vary their color choices so there are not several of the same color houses in a row. ARC might become more aware of varying neighboring house colors, too, as they approve individual requests.

3. Roofing Materials and Colors
THE RULE: Only approved materials as listed below may be used for roofing repair and replacement.

THE PROCESS: If you replace your roof with one of the currently approved replacement roofs, no approval is needed.

SUGGESTIONS AND GUIDELINES: New materials that preserve a shake appearance will be evaluated by the ARC.

Currently Approved for Replacement Roofs:

• Treated shake with Class C fire rating.  Elk Premium Prestique, 40-year warranty, in Weathered Wood. See 930 Sailors Reef.

• Tamko Heritage, 40-year warranty, in Weathered Wood or Natural Timber. See 936 Sailors Reef or 761 Sandpiper.

• Malarky 35-year warranty, in Weathered Wood. See 924 Sailors Reef.

• Certainteed Grand Manor, lifetime warranty, in Stonegate Gray or Gatehouse Slate. See 713 Sandpiper Point

• Lifetile, lifetime warranty, 550 lb. weight, in Woodtone. (No. 5505). See 813 Commodore Place.

• Celotex Presidential Shake; lifetime warranty, Weathered Wood. See 906 Driftwood.

The previously mentioned materials offer the quality, affordability and aesthetic harmony Warren Shores residents want. As with painting, new roofing requires ARC approval. Choosing a material from the approved list above will assure you of virtually automatic approval within seven (7) days. Allow sixty (60) days for ARC review of materials and colors not on the approved list.  Link to ARC Request Form

All roof replacements require a city building permit and post-installation inspection.

4. Satellite Dishes and Antennas

THE RULE: Satellite Dishes and Antennas other than those specifically stated are prohibited.

THE PROCESS: Any satellite dishes or antennas not approved must have advance approval of the ARC.

SUGGESTIONS AND GUIDELINES: It is requested that, when possible, satellite dishes be located out of the line of sight.

The following types of video antennas ("Allowed Antennas") may be installed on a Unit subject to the provisions of these Rules and Regulations:

4.1 A "dish" antenna that is one meter (39.4") or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite.

4.2 An antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via MMDS (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.

4.3 An antenna that is designed to receive local television broadcast signals, regardless of size, provided said antenna is installed inside a garage roof or interior attic, or is otherwise located out of sight.

5. Siding

THE RULE: All homes in Warren Shores (with the exception those on Commodore Place) have T-1-11 painted wood siding. Acceptable vertical wood or wood-product siding alternatives are listed below. Horizontal siding and/or vinyl type siding are not acceptable.

THE PROCESS: Replacement of old T-1-11 siding with same, painted the same color as the existing siding, does not need approval. Alternatives must be submitted as outlined above.

SUGGESTIONS AND GUIDELINES: The T-1-11 siding material has been shown to last much longer when properly primed before painting.

Approved Warren Shores siding Products:

• SMARTPANEL: 30-Year Limited Warranty (7-Year 100% Repair/Replacement). Wood composite. "Pre-primed . . . avoid(s) rotting, fungal decay, damage from wood-destroying insects. Resists checking, shrinking, cupping, splitting . . . rot and insects." Available in 7/16" and 9/32" thickness. Panels are 4x8, x9 or x10'. Grooved 4" on center. Manufactured by Louisiana-Pacific.

• T-1-11: Three different types available, from three different sources. Please ask ARC for samples.

6. Fencing

6.1 Location:

THE RULE: Each home in Warren Shores has at least one section (usually two) of privacy fencing, which is not completely enclosed. Any fences or walls previously installed by Warren Shores shall not be removed, altered, or painted without prior written approval of the ARC. Any additional fencing requests must be submitted to the ARC for approval.

THE PROCESS: Please submit a plot plan with existing fencing, and a clear drawing of the plan for additional fencing.

SUGGESTIONS AND GUIDELINES: In general, the ARC and a majority of residents support the openness of the greenbelt and individual yards. Fencing reviews will continue to encourage openness in the community. Exceptions are as follows: requests for individual perimeter fencing for houses which back up to Horsetooth Road will be given extra consideration. This is not meant to be construed as continuous fencing along Horsetooth Road.

6.2 Material

THE RULE: Fence construction is dimensional 1"x 4" wood slat with ½" spacing. No solid wood fences will be permitted. The fences must have alternating horizontal and vertical panels, and space maintained between slats. It is the homeowner's responsibility to maintain fences. Fences must be painted either trim or body color. Non-standard fencing (not in accord with the original design), when replaced, must match the original design. This will be the case whether or not the non-standard fence was approved in the past. No other type of fencing is acceptable, with one exception: Swimming pool fencing is exempt due to security and safety factors. Fences may not be allowed to fall into disrepair. New fences must be painted within one (1) year of construction.

THE PROCESS: No approval is needed to replace old fencing with same type and configuration.

SUGGESTIONS AND GUIDELINES: For smooth wood (rather than the rough wood commonly used in Warren Shores), slat size and design shall remain the same, but maintenance might be easier with smooth wood.

7. Driveways and Entry

THE RULE: The original driveways and entry steps for the houses in Warren Shores (some Commodore Place residences excluded) were constructed of concrete. Driveway replacement using concrete or an aggregate (concrete and rock) mix is acceptable. Blacktop driveway replacement is not acceptable with the exception of the Commodore Place driveways previously mentioned. Decorative entry steps or walkways constructed of wood, tile, aggregate or stone are acceptable. Use of indoor/outdoor carpet is not an acceptable exterior covering.

THE PROCESS: Replacement of driveways and/or entry steps with the original concrete does not require approval from the committee. If homeowner is replacing with new materials, which are acceptable as stated above, a plan must be submitted for approval.

SUGGESTIONS AND GUIDELINES: Not applicable.

8. Landscaping
THE RULE: Currently, lots are landscaped with lawn and/or dense ground cover. Trees and shrubs, which are compatible with the landscape theme established, may be used, including rocks, boulders, patios, railroad ties, telephone poles, etc. "Desert type" plants, artificial rock and gravel yards are not acceptable. Any planting, which encroaches, on the greenbelt must be approved by the Greenbelt Committee.

THE PROCESS: Since all homes have mature landscaping at this time, there is no need for review process to replacement or minor additions to homeowners’ landscaped areas. Review is required only for major alteration to more than 1/3 of the landscaped area of the property. In this case, a landscape plan should be submitted with the approval form.

SUGGESTIONS AND GUIDELINES: The local nurseries have a color booklet published by the Colorado Nurserymen’s Association, which lists most of the plants, shrubs and trees which grow well in this area. We encourage you to keep in mind long-term effects of tree planting (i.e. size and disruption of view, etc.). With the advent of water metering in Fort Collins, we encourage the use of xeriscape landscaping where possible. The City of Fort Collins offers suggestions for low-water planting and there are several good books available for environmentally conscious landscaping in our area.

9. Accessory Structures
THE RULE: Accessory structures such as sunrooms and extended patios require approval in the same manner as any house addition. Play houses, swing sets, dog houses, etc. which are not attached and which are shielded from public view do not need approval. These structures should be compatible with existing house colors. Permanent structures, which are in full view and can be seen from the greenbelt or the main streets, must have ARC approval. Temporary, moveable structures (lawn furniture, moveable swings, etc.) need no approval but rather good judgment. See Suggestions and Guidelines below for notes on basketball poles and flagpoles.

THE PROCESS: Please submit drawings, which show and/or describe materials, size and location of the proposed structure. If you are unsure about requirements for approval, please call the ARC Chair.

SUGGESTIONS AND GUIDELINES: Fixed basketball or flagpoles are discouraged. There are acceptable alternatives to permanent poles sunk in concrete. Flagpole brackets easily attach to one’s house. Basketball backboards can be attached to the garage and there are new movable basketball poles whose bases can be filled with water or sand and easily emptied and stored during winter months. The ARC strongly encourages the use of these alternatives. Any permanently fixed poles must have advance approval of the ARC.
10. Windows

10.1 Construction

THE RULE: In keeping with the original architectural style of Warren Shores, all windows, doors and garage doors shall have shadow boxing. This consists of 2"x4" trim at top and sides, with the addition of 1"x8" trim at the bottom of the window. When two or more windows are joined together side by side, the boxing occurs only at the top and extreme side, plus the use of the 1"x8" trim at the bottom. All window boxing is to be painted trim color. Color of clad window casings in renovations and replacements must be approved by the ARC. Window frames and casings must be in neutral colors, i.e., beige, taupe or gray.  New window locations must be shown and designated on plans submitted for ARC approval.

THE PROCESS: If colors match existing windows (except white), no approval is needed. If colors are new, submit samples or cross sections for ARC approval.

SUGGESTIONS AND GUIDELINES: Consult anyone who might be affected by proposed changes. Immediate neighbors and others within line of sight might be able to help smooth the process for you.

10.2 Location

THE RULE: If the addition of a new window might infringe upon the privacy of a neighbor, said neighbor must be notified within seven (7) days of the proposed change. In the case of a dispute between neighbors, the ARC shall rule. Appeal may be made to the WS Board of Directors, whose decision shall be final.

THE PROCESS: New proposed window locations must be submitted to and approved by the ARC.

SUGGESTIONS AND GUIDELINES: Allow yourself plenty of time to plan, have approved, and implement changes. If appeals are necessary, the process could possibly take several months or more.