Wellington Park Covenants and Architecture Request Forms
COVENANTS PRESERVE OUR NEIGHBORHOOD BEAUTY AND PROPERTY VALUES Print E-mail

 

To protect our property values, our Homeowners Association has legal covenants that homeowners are legally bound to when they purchase a property in Wellington Park. This prevents people from doing things like raising goats and chickens, painting their house pink, etc.  The management company audits for compliance, and issues letters for non-compliance.  Failure to correct a problem will lead to fines, and if they are not paid, there will be a lien on the property.  This protects our property values.

 

Here are the covenants in a pdf file

Here are the by-laws in a pdf file.

Here are the aticles of incorporation in a pdf file.

These are scanned in copies and therefore may not be searchable within the document.  If the document fails to load, right click on a link above, and then click "Save Target As" or "Save Link As", then save on your desktop.   Then, at anytime you can just click the icon on your desktop and it will load the covenants.  If it does not, you need to install the latest adobe reader.

 

The covenants require homeowners to notify the management company and board of any changes to owner properties for all items noted in the memo below. This inlcudes large tree removal.  The architecture board approves these requests and no work should be started until the board approves the changes.  The document below also highlights some of the general covenants.

 

Here is the one page form for requesting an architectural change, in a couple of formats:

Arch Form pdf Format

 

 

Submit the completed forms to the property manager contact.


The following are the architecture guidelines:

Date:        May 28, 1993
To:           Wellington Park Homeowners
From:        Board of Directors of
Wellington Park Homeowners Association, Inc.
Re:         Adopted ARCHITECTURAL REVIEW GUIDELINES

The Board of Directors has completed and approved the attached ARCHITECTURAL REVIEW GUIDELINES.

These guidelines provide you a consistent standard to follow in planning any exterior changes to your property, but they are not intended in any way to supersede the Restrictive Covenants.

They are distributed to current resident owners.  Please retain this copy as part of your permanent papers to refer to now and in the future.  These guidelines should also be made available to prospective buyers of your home.

We request that you make copies of the application form attached with this package when you submit your requests for architectural approval.  No request for a change can be considered unless accompanied by the application form and appropriate exhibits.

Return completed applications to the Management Firm whose address is shown on the application form.  Provided you have no outstanding monetary obligations to the Association, the application will be accepted and date stamped by the Management Firm.  The first day of the thirty-day review and approval period will begin upon acceptance of your application by the management firm.  All accepted applications are then forwarded to the Architectural Review Committee by the Management Firm.

Please read and follow these guidelines because you MUST obtain approval IN WRITING from the Architectural Control Committee BEFORE the start of any exterior change.  This written approval is also required by the Town of Cary before any permits will be issued.

Because the Committee is made up of part--time volunteers, we need up to thirty days to act on an application, so do not commit labor or materials until you have received approval.

Your cooperation and adherence to these Guidelines will not 'only be appreciated, but will also be in the-best interests of our community.


I. INTRODUCTION

In a planned community such as Wellington Park, the question naturally arises as to how to maintain a harmonious, quality development.  The answer at Wellington Park is the Architectural Review Guideline process outlined in these pages.  This process provides a meeting ground between private interests and the broader interests of the community and adjacent property owners.

Basic control for maintaining the quality of design is provided through the Restrictive Covenants filed with the Register of Deeds in Wake County for each phase of the Wellington Park subdivision.  These Covenants run with the land and are binding on all homeowners and should be fully understood.  Every homeowner is subject to the Covenants to assure all residents that standards of design quality will be maintained to enhance the community's overall environment and protect property values.

The Restrictive Covenants establish an Architectural Control Committee to be made up of three or more representatives who are to be appointed by the Board.  The Covenants require the Committee's prior written approval of any exterior change, addition, or alteration to any property.  Such changes include any building, fence, wall or other structure-that may be added or altered.  It requires that the plans and specifications showing the nature, kind, shape, height, materials, and location of the same be submitted in writing so they may be reviewed as to harmony in external design and location in relation to surrounding structures and topography.

The Architectural Review Committee is charged with conducting the review of all applications for exterior changes and to respond to the applicant within thirty days of receipt of the application.  If an application is denied, the applicant may appeal to the Board of Directors.  The Board may reverse or modify the Committee's decision by a majority.  If the Committee fails to act upon a request for a change within thirty days after acceptance of the application, than approval will not be required and the Architectural Review section of the Restrictive Covenants will be deemed to have been fully complied with.

The Guidelines on these pages are the procedures and standards applied by Committee and the Board to assist the association and its members in the design review process.  We hopes that the Guidelines serve as a positive tool to assist you in the full and free use of your property in a manner that is consistent with the aesthetic and harmonious development of our community

II. REVIEW CRITERIA

The Architectural Review Committee evaluates each application on its individual merits. The Committee's decisions are based on the following standards as guidelines.

Validity of Concept

The basic idea of the exterior change must be sound and appropriate to its surroundings.

Landscaping and Environment

The exterior change must not unnecessarily destroy or blight the natural landscape or the achieved man-made environment.

Relationship of Structures and Adjoining Property

The proposed change must relate harmoniously among its surroundings and to existing buildings and terrain that are visually related to the change.

Protection of Neighbors

The interests of neighboring owners and renters must be protected by making reasonable provisions for such matters as surface water drainage, sound and sight buffers, preservation of views, light and air, and other aspects of design, which may have substantial effects on neighboring property.

Design Compatibility

The proposed change must be compatible with the design characteristics of the applicant's home and the general neighborhood setting.  Compatibility is defined as harmony in style, scale, materials, color, and construction details.

A) Scale:     The three dimensional size of the proposed change must relate satisfactorily to adjacent structures and its surroundings.
B) Materials:     Continuity is established by use of the same or compatible materials as used in the home.
C) Color:     Color may be used to soften the design but must be consistent with the residence color scheme.

Workmanship

The quality of work must be equal to or better than that of existing structures.  Poor practices may cause the owner problems and may be visually objectionable to others.

Timing

A property change may be built or installed either by owners or by a contractor.  However, projects that remain uncompleted for a long period of time are visually objectionable and can be a nuisance and safety hazard for neighbors and the community.  All applications must contain a proposed maximum time period from start to completion of construction.  If the proposed time period is considered unreasonable, the Committee may disapprove the application.

DO NOT PURCHASE MATERIALS OR COMMIT TO ANY CONTRACTOR in anticipation of instant approval by the Committee.  Wait until you have received written application approval prior to purchasing or committing to such work.  Remember many design changes require a permit from the Town of Cary and the Town will not issue a permit without the written approval of the Committee.  Please try to plan well in advance to allow time to have your application processed.  Although the majority of applications are handled within two weeks, during the busy/vacation seasons, processing may take up to thirty days.

III.  DESIGN APPLICATION REVIEW PROCEDURES

The Association's procedures for application, review, inspection, appeal, and enforcement of design review are outlined in this section.

Objectives:

The Architectural Control Committee, in examining each application for design approval, considers whether or not the exterior change is in compliance with the Restrictive Covenants and the Architectural Control Guidelines outlined herein and briefly outlined below:

A.    To preserve and enhance property values in the community,

B.    To maintain a harmonious relationship among structures, vegetation, topography, and the overall design of the community.

Application Procedure:

Complete the Application form and attach all required exhibits.  Include full details of the proposed change.  If the change is structural, fencing, or grading, submit a sketch or plan and outline specifications.  Talk to you neighbors about your change.  They may be able to offer valuable input.  Be sure to include such information as type of material, size, height, color, location, etc. Provide a sketch of the location of a building, pen, or fence as it relates to house and lot.

Mail or hand deliver the application to the Management Firm whose address is shown here. Incomplete applications will be returned and, thus, cause further delay.

The Committee will review accepted applications within thirty days and a reason will be sent you in writing by the firm management.  Should you not hear from the management firm within thirty day please call to follow up.  Occasionally, items do get lost in the mail and the thirty-day review period does not start until after the application is accepted by the Management Firm.

An application with all necessary information will be considered by the Committee on its individual merit, using these guidelines as the basis for making a decision.  The review process is outlined below.



Review Procedures:

During the Committee’s consideration of an application, a Committee member (or members) may view the site, talk to the applicant or neighbors that they are aware of the proposed change.  While neighbor’s views are very important to the Committee, neighbors do not have “veto” authority.

A quorum of the Committee is a majority of the total number of people currently serving on the Committee.

The Committee considers the application and any data or comments received from, or presented at the meeting by, immediate neighbors and other members.

After the discussion of the application as submitted, the Committee will vote on approving it, approving in conditionally, or disapproving it.  If the change is conditionally approved of disapproved, the Committee must note in writing on the application the reason or reasons why it was not approved as submitted.

The Committee will the inform the management firm of its decision and the management firm will then respond, in writing, to the applicant.

The Committee records its action by placing copies of the executed application and/or letters in the Committee’s archives.  Duplicate copies of all records will be forwarded to the Association’s Management Firm.  The records maintained by the management firm shall be considered by all to be the official, public record of said transactions.  Conditional approval means that work may proceed if the conditions satisfied as agreed to by the Committee.

The Committee may inspect work in progress and request (either orally or in writing) the applicant to correct any non-compliance with the approved design.

Final Approval and Walk-through

Final approval is not given until the Committee has reviewed the completed project.

Appeal Procedure:

If the applicant disagrees with the decision of the Committee in its review or inspection, the following process is followed for an appeal.

1)    Within fifteen days after receipt of a notice of disapproval, file a written appeal with the Board of Directors.
2)    The Board of Directors establishes the date and time the appeal will be hear; normally this will be made at the next scheduled Board meeting. To reserve Committee decision requires a majority vote of the Board.

Correction Procedure:                                 

Remedies: An exterior change made without the required approval of the Committee, or the Board on an appeal, constitutes a violation of the Restrictive Covenants. A violation requires removal or modification of the work at the expense of the property owner, or payment of damages and expenses incurred by the Association in an effort to have it removed or modified.

Reports:    The Committee inspects authorized construction in progress and the community in general to identify violations. Additionally, all residents have the right and responsibility to bring to the attention of the Committee or Board and apparent violations of any provisions of these Architectural Review Guidelines or Covenants.

The Committee investigates each reported violation and attempts to bring the owner into compliance.  Should the owner fail to follow through on the Committee's proposed resolution or some other resolution which is acceptable to the owner and the Committee, the Committee will turn the problem over to the Board of Directors for continued resolution with the resident.  This could lead to the Association filing legal action against the owner.

IV. DESIGN GUIDELINES

This section of the guidelines provides specific guidance regarding particular design situations frequently encountered in Wellington Park.  Generally acceptable methods for achieving the objectives and standards are indicated below.  They are suggested methods rather than mandatory methods.  Additionally, design methods that are generally not acceptable are also indicated for your guidance.

Please remember that these are only guidelines and, as such, they do change.  Every effort will be made to re-issue these guidelines whenever significant changes do occur.

Repairs

Owners are responsible for repairs to existing structures, additions, etc.  No application to effect repairs and restoration to original condition is needed.

Antennas/Satellite Dishes

T.V. Antennas, radio aerials, satellite dishes, and other electronic devices and wires which may be visible to neighbors are not permitted on the exterior of any home or in an outside area without the specific approval of the Committee.

Boats, Trailers, Commercial Vehicles, Motor Homes, Etc.

These vehicles may not be parked for storage in the subdivision.

Cars

All vehicles must be in operating condition, with current license plates and inspection stickers.  Vehicles are not permitted to be parked on the street because they are significant safety hazard and do not support the taste and design standards set forth by these guidelines of the Restrictive Covenants.

Clotheslines

Clotheslines are not permitted.

Dog Houses

Pets must be restrained or confined on the homeowners back lot inside a fenced area or in the house. Doghouses should be painted or stained and roofed to match the exterior of you home.

The doghouse and/or pen should be located on the property in an area that is not highly visible from the street and must be positioned at least five feet from a neighbor's property line.  The area surrounding the pen should be landscaped such that drainage is not a problem. They must be properly maintained, kept in good repair, and free of materials that may create unpleasant odors.

Fences

Fences will be allowed in rear yards but must not proceed further forward than the rear of corners of the house. Fences are not permitted to extend to the front yard.  Preferred fencing material is pressure treated lumber.  The fence may be painted/stained to match the exterior of the house or left as is to blend with the natural surroundings, but in all cases must be properly maintained and kept in good repair.  Chain link or any other metal type fencing is not permitted.

Rear yard fencing has a preferred height of four feet, but in no case will the height exceed six feet.

Grading

MAJOR changes to the topography of your lot could result in flooding or improper drainage into a neighbor's yard.  Therefore, such changes are required to be approved prior to being started.  Neither the Board nor the Committee accepts any liability for any damage caused by such grading action, whether approved by the Committee or not.


Plants and Gardens

Committee approval is not required for most plantings or landscaping treatments that are biodegradable.  However, if any planting in hedge or row form is being considered for the front or side/front yards that will act as a "fence", then an application for such addition must be submitted to the Committee for approval.  Before starting any digging, please identify and locate all wires and/or cables that could get cut so as not to electrocute yourself or interrupt any services to your own house or your neighbor's house.  No vegetables shall be grown in any yard that faces a street.

Play Equipment

Any play equipment should be located at least twenty feet from the neighbor's property line.  Such items include swing sots, sand boxes, or other molded plastic play equipment.  Basketball goals are not allowed on curb areas of street.  They must be located on the owner's property in such a manner that the playing area is not in the street.  Skateboard ramps are not permitted.

Signs

Except as listed below, no sign of any kind shall be displayed to the public view on any lot or house.

1)    Any sign required by the Town of Cary.
2)    A single real estate sign of not more than five square feet.


Storage Buildings, Out-Buildings and Other Structures

Except for doghouses, no building previously constructed elsewhere shall be moved onto any lot, it being the intention that only new construction shall be constructed on any lot.  Greenhouses, gazebos, storage buildings, and other out-building are not permitted.


End

 

 

 
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