| TYPE OF WORK | Submit Form | Submit Plans, Samples of New Material | Obtain Approval | Pay Deposit |
| Painting: with no change to any color on any surface | YES | NO | NO | YES |
| Painting: involving changes to any color on any surface | YES | YES | YES | YES |
| Roofing: with no change to any color or material | YES | NO | NO | YES |
| Roofing: involving changes to any color or any material | YES | YES | YES | YES |
| Landscaping: removal or replacement of any living tree | YES | YES | YES | NO |
| Landscaping: removal of any dead tree or shrub | NO | NO | NO | NO |
| Landscaping: replacement of any landscaping material with similar material (including seasonal color) | NO | NO | NO | NO |
| Landscaping: replacement of any landscaping material (other than minor changes or seasonal color) with substantially different material, or any substantial addition of new landscape material | YES | YES | YES | YES |
| Landscaping: addition of hardscapes or water features | YES | YES | YES | YES |
| Repairs to existing brick/stone/masonry with no changes | NO | NO | NO | NO |
| Modifications to existing brick/stone/masonry | YES | YES | YES | YES |
| Repairs to existing fencing with no changes to color and/or material | NO | NO | NO | NO |
| Additions or modifications to existing fencing involving changes to color and/or material | YES | YES | YES | YES |
| Repairs to HVAC or other exterior household systems | NO | NO | NO | NO |
| Replacement of windows with no changes | YES | NO | NO | YES |
| Replacement of windows involving any changes | YES | YES | YES | YES |
| Tear-down and/or rebuilding of any existing structure | YES | YES | YES | YES |
No construction or alteration to the exterior of any existing construction or to any fence, wall, driveway, or other improvements of any nature may be undertaken without first obtaining written approval of the Architectural Committee, by way of the On-Site Property Manager.
The Association Board has established an Architectural Committee whose members’ names are kept confidential. The Committee has full authority to review and act upon requests for approval of plans or alterations to existing homes. A reasonable fee may be charged by the Association to defray any costs it incurs in considering and acting upon such proposed plans and specifications. The removal of live trees or other permanent landscaping visible from the front of your property requires AC approval. Any other change to your landscaping or the addition of hardscape which is visible from the street also requires approval. Replacement of a dead bush or annual color does not involve the AC process. The installation of artificial turf visible from the street is not allowed. However, the installation of artificial turf in enclosed backyard areas which are not visible from the street is acceptable without Architectural Review.
Any work done to the interior of a house or private courtyard which is not visible from the street may be undertaken without submitting a form, obtaining approval, or paying a deposit, unless such work involves a dumpster or portable toilet. However, many types of work do require that a form be submitted, and/or that approval be granted, and/or that a refundable deposit be paid. If you plan to build or make any alterations to the exterior of your home, please contact the On-site Property Manager. You should obtain a Submission Form, complete it, submit it, and wait for approval before undertaking any such work.
The following are examples of the types of work that could potentially require submitting a form, obtaining approval from the Architectural Committee and/or paying a refundable deposit, so be sure to check with the On-site manager before proceeding:
• Painting
• Roofing
• Landscaping
• Modifications to brick, stone, masonry, and/or fencing
• Replacement of windows or doors
• Tear-down and/or rebuilding of any existing structure
CONSTRUCTION RULES: REPAIRS, ALTERATIONS, AND IMPROVEMENTS (TO EXISTING HOMES)
HOMEOWNERS ARE REQUIRED TO ENSURE THAT THEIR CONTRACTORS ARE INFORMED AND COMPLY WITH ALL RULES
1. The purpose of these rules is to protect and maintain Abbottsford’s common property, to preserve the character and appearance of the Abbottsford community, and to facilitate the maintenance of and improvements to privately owned residences in Abbottsford. The Board of Directors adopts these Rules pursuant to its authority as stated in Article VI, Section 11 of the Amended and Restated Declaration of Covenants, Conditions and Restrictions for Abbottsford (the “Covenants”).
2. Article VI, Section One of the Covenants requires the prior written approval of the Board or the Architectural Committee (the “AC”) before any of the following activities may be commenced within Abbottsford:
a. Construction
b. Reconstruction
c. Remodeling
d. Alteration
e. Change
f. Addition, and
g. Change or alteration of the exterior appearance (including but not limited to any change of color of paint, roofing, etc.) to any structure, building, fence, wall, driveway, path or other Improvement of any nature. “Improvement” refers to any building, house, garage, patio, porch, walkway, path, wall, fence, driveway, or any other thing or object built, constructed, fabricated, made, performed or done on a Site. (Covenants, Article I, Paragraph 10.) Materials such as siding or asphalt are not allowed.
3. No home may be demolished or rebuilt without prior approval of the AC.
4. A surveyed plan by a licensed surveyor, 11” x 17” scaled – 1/16” = 1’ indicating all proposed changes to the existing site, including grading and “limits of construction “ lines, must be provided. The site plan must show the exact location of the Building and all improvements on the Residential Unit, including driveways and parking areas, with dimensions from the property line to the proposed Building. The alignment of the driveway and location of utility lines and equipment must be shown and dimensioned. All trees proposed to be removed must be designated on the site plan. The site plan must also show the location of improvements on the adjacent Residential Units.
5. A landscape plan of 11” X 17” scaled – 1/16” = 1’ is required, showing the location, species, size, and condition.
6. A set of building architectural plans scaled – 1/4″ = 1’ showing entrances, window locations and elevations of all sides must be submitted.
7. Actual samples of major materials, finishes, and colors must be provided.
8. The owner or authorized representative (architect or contractor) must submit three (3) sets of the required building plans to the AC (through the Property Manager).
9. If an owner commences any work for which prior approval is required, without first obtaining approval as required by these Rules, the work can be enjoined, pending Board or AC approval. If the project is disapproved, the owner must remove any work done and must restore the Site and the Improvement(s) in question to their prior condition, or to such conditions as may be ordered by the Board or AC. (Covenants, Article VI, Section One.)
10. Recognizing that construction activity may damage Abbottsford’s common property and/or homeowners’ Sites, the following refundable fees are imposed upon any owner who undertakes the activities specified, whether or not prior approval of such activities is required, sought or obtained.
| ACTIVITY | REFUNDABLE FEE |
| Replace Roof | $1000 |
| Major brick, stone and/or concrete work: for example, walls, patios, steps, walks, driveways, and/or houses | Up to $2500, as determined by the AC, depending on the magnitude of the project |
| Partial tear-down and/or rebuilding improvement | Up to $5000, as determined by the AC, depending on the magnitude of the project |
| Complete teardown, with or without reconstruction or new improvement | Up to $10,000 as determined by the AC, depending on the magnitude of the project |
| Placement of dumpster or portable storage unit on common property (see rule 12 below) | $1000 |
| Placement of portable toilet on common property (see rule 11 below) | $500 |
| Painting | Deposit amount at discretion of the AC, based on the extent of the project |
The fees must be paid to the Association, via the Property Manager, before the commencement of any work. The Association shall hold the refundable fee until the work is completed. The Association shall use said refundable fee to repair any damage to Abbottsford common property arising out of or relating to the construction activity. The owner remains liable to the Association to the extent that any damage to common property exceeds the amount of the refundable fee. All repairs to the common property done by or on behalf of the owner are subject to the approval of the Association. If any of the fee remains after repairing damage to common property, the Association shall have the power to use any of the remaining fee toward the cost to repair any damage to a Site arising out of or relating to the construction activity. Upon completion of the work, the Association shall refund to the owner any of said fee remaining after paying for repairs to Abbottsford common property and/or any Site.
11. A set of the approved building plans must be on site at all times during construction. The owner is responsible for obtaining all required local building permits.
12. Construction vehicles must park only in designated parking places. If this is not practical, the Property Manager may approve parking in other areas on a temporary basis, for example, for active loading and unloading. Under no circumstances may construction vehicles block traffic, block access to any homeowner’s property, drive on or park on unpaved Abbottsford common property and/or other homeowners’ property, or block access to any fire hydrant. Vehicles in violation of this rule may be towed without prior notice.
13. Construction vehicles, trailers, and the like must not remain overnight on the streets or parking areas of Abbottsford, except with the prior approval of the Property Manager. Vehicles in violation of this rule may be towed without prior notice.
14. Abbottsford common property, paved or otherwise, shall not be used for storage or staging of construction materials or activities, except with the prior approval of the Property Manager. Common property approved for such use must be roped off and restored to its prior condition upon completion of the work.
15. Construction materials stored on a Site and visible from the street must be kept neat and tidy.
16. Portable toilets shall not be placed on Abbottsford common property, except with prior approval of the Property Manager and payment of the required refundable fee. When on private property, they must be located behind or on the side of the residence undergoing construction. They may be placed in front of the residence only with prior approval of the Property Manager. Portable toilets must be serviced at least once a week and must be promptly removed when no longer needed.
17. All dumpsters used in Abbottsford will be in good repair and the registration of Dumpster by Davidson County should be present and visible on the dumpster.
No dumpster larger than 15 yards will be allowed on site and containers must be registered
with Davidson County.
All dumpsters require a submission of an ARC form. The ARC Form will be processed.
Necessary deposits will be obtained prior to ARC approval.
Dumpsters should be placed on private Homeowner driveway or designated parking space.
Dumpsters shall not be placed anywhere on Abbottsford property except with prior
approval of the HOA and payment of the required fees and/or deposits with a maximum of
90 days per approval cycle. Extensions can be granted on an as-needed basis after
submission and approval of additional ARC form outlining the extension
timeline/reasoning/etc.
If approval to use common property is granted, dumpsters shall not be placed directly on
the pavement. Plywood or a similar protective barrier must be used.
Dumpsters must be emptied when filled or once a month, whichever comes first, and their
contents must not rise above the container.
The area around the dumpster must be kept broom clean.
Dumpsters must be in confirmed active use to remain on the property.
Fines for noncompliance with AC rules will be applied from the second offense.
Any damage to the pavement or property will be assessed to the homeowner.
All dumpsters (regardless of location) must adhere to the guidelines denoted here as well as
in the additional Governing Documents: Architectural Committee subsection Constructions
Rules.
Dumpster Fees:
a. Initial ARC Submission for dumpster for community property must include a
$1,000 refundable deposit No deposit is required for dumpsters placed on private
property.
b. First Infraction of non-compliance with AC rules: Written warning and two-week
timeframe to comply/remedy.
c. Second Infraction of non-compliance with AC rules: Written warning, $200 fine
for offense, and two-week timeframe to comply/remedy.
d. Third Infraction: Written Final Warning with $300 fine and two weeks to
comply/remedy
e. Fourth Infraction: Written Notification of Derelict, $300 monthly fee until
compliance/situation rectified, and Homeowner incurs the additional cost of the
HOA attorney fees.
f. Final Infraction of Non-compliance: The board may remove any dumpster, and
the property owner will be assessed the costs and damages. Written notification
will be provided and two weeks to comply prior to Board action of removal of
dumpster.
18. Construction activities are permitted only from 7:00 AM until dark, Monday through Saturday. Construction activities are not permitted on Sundays or on federal holidays. For purposes of this rule, “construction activities” means any construction, reconstruction, painting, masonry, and the like done outside the residence. This rule does not apply to work done solely inside the residence or to repairs that need to be done quickly, such as repairs to roof leaks, electrical, plumbing, and/or HVAC systems.
19. Mud, gravel and debris must be cleaned up promptly.
20. Debris shall not be burned or buried anywhere in Abbottsford.
21. Paints, solvents, and the like shall not be disposed of by releasing or rinsing on Abbottsford common property, or by placing or rinsing in storm drains; rather, they must be entirely removed from Abbottsford.
22. Contractors shall not bring animals into Abbottsford.
23. THE ABBOTTSFORD BOARD IS AUTHORIZED TO FINE HOMEOWNERS WHOSE CONTRACTORS VIOLATE THESE RULES. For the first offense, the Property Manager shall provide the homeowner a written warning of the violation, the potential fine, and the procedure for obtaining either permission or an excuse in order to avoid a future fine. Maximum fines are specified below.
| OFFENSE | MAXIMUM FOR SECOND OFFENSE | MAXIMUM FOR SUBSEQUENT OFFENSE |
| Parking in unauthorized area | $50 | $100 |
| Blocking traffic or access to private property | $50 | $100 |
| OFFENSE | MAXIMUM FOR SECOND OFFENSE | MAXIMUM FOR SUBSEQUENT OFFENSE |
| Driving or parking on unpaved common property and/or homeowners’ property | $50 | $100 |
| Construction vehicles left overnight on common property | $50 | $100 |
| Unauthorized storage of material on common property | $50 per day if not removed by 5 days after warning | |
| Visible material not kept neat and tidy | $25 per day if not cleaned up by 5 days after warning | |
| Portable toilets not kept clean or not timely removed | $50 per day if not cleaned by 3 days after warning | |
| Construction activity outside set construction times | $50 | $100 |
| Mud, gravel, and debris not cleaned up promptly | $50 | $100 |
| Burning or burying debris | $150 | $300 |
| Improper disposal of paints, solvents, etc. | $150 | $300 |
| Animals brought into Abbottsford | $50 | $100 |
| Non-compliance with AC rules | $100 | $200 |
THE COVENANTS IMPOSE THE FOLLOWING ADDITIONAL LIMITATIONS ON RESIDENCES IN ABBOTTSFORD
(SEE THE COVENANTS FOR A COMPLETE LIST AND DESCRIPTION)
24. Incinerators for garbage, trash or other refuse are not permitted.
25. All equipment, HVAC equipment, woodpiles, garbage cans, and refuse or storage piles, shall be screened to conceal them from view of neighboring sites, roads, streets, and open areas.
26. All television antennae, satellite dishes, dishes which receive video programming services via multipoint distribution services, and any other device used for the reception of television broadcast signals, direct broadcast satellite services or multichannel multipoint distribution (wireless cable) services must be one (1) meter or less in diameter, and must be located so as not to be visible from the front of the Site (unless such location would preclude reception of an acceptable quality signal) [in lieu of last sentence of Article VI, Section 2, Paragraph 8 of Covenants.]
27. Outside clotheslines are prohibited.
28. Eave lights may not be installed on the fronts of residences. Eave lights installed on the sides of residences must be adjusted so that the rays of any beam or flood light will be directed toward the rear of the residence, and not to the side or front. Eave lights shall also only shine vertically and shall not be directed toward the property of others.
29. No tennis backboards shall be permitted on any Site.
30. Owners of all Sites shall maintain their Sites and Improvements in a neat and attractive condition.
31. All Sites shall be used for private, single-family residential purposes. No house or other Improvement on any Site shall be used for any commercial or business purpose.
32. A minimum of two off-street parking spaces for each residence must be provided by each owner.
