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We would like to start by thanking the ACC Ad Hoc Committee for the time spent reviewing/revising the guidelines and for giving the community an opportunity to provide comments and feedback. We understand how difficult it is to have many people reviewing and providing feedback on a document that you have spent so much time working on; however, we do believe it is an important and necessary part of the process. We do have many comments and hope that the committee will understand that they are intended to be constructive and not critical. In most cases suggested revisions were provided.
COMMENTS RELATED TO THE NEW ACC COMMUNITY GUIDELINES
GENERAL
The document itself could benefit from a detailed review. During our review we noticed several issues unrelated to content. We are including those issues in our comments.
The document should have section numbers and page numbers.
The document would benefit from the inclusion of a definitions section.
The terminology utilized throughout the document varies from section to section and can be confusing. We are aware that there were multiple authors; however, the document should read as though it is written in a single voice and utilize consistent terminology.
The front section of this document requires some revision. It is repetitive and confusing as a result.
Some sections of the document have substantial detail and others have almost none. Each section should define the standard and describe how compliance will be evaluated.
Given the Boulder County fires we believe it would be appropriate to include a section for WOOD BURNING FIRE PITS with language similar to the following:
WOOD BURNING FIRE PITS
Wood burning fire pits may be permitted but must include a top screen. These outdoor fire units must not create a neighborhood nuisance and the homeowner will be responsible for any damage created by smoke, fire or ash.
TABLE OF CONTENTS
The Table of Contents is inaccurate and requires updating. Several sections listed do not exist and several exist in the document but are missing from the TOC or are titled slightly differently. We included these discrepancies under the section with our comments.
USE OF GUIDELINES AND THE ARCHITECTURAL CONTROL COMMITTEE
COMMENTS: The introduction section of the 2016 Guidelines was replaced and combined with other sections of the document. The original introduction language (2016 Section A and B) is much clearer and is preferable in tone. We do believe that the front of the document should have a section dedicated to explaining the role of the Architectural Control Committee.
COMPLAINTS
This section states “Any Willow Creek 1 homeowner/resident may make a complaint regarding any item not in compliance with the Covenants and Community Guidelines. Complaints shall will be made to the property management company in writing. The ACC will evaluate the complaints using the Maintenance Standards and Common Scheme Restrictions.”
COMMENTS: The term Covenants should be defined and we recommend that it be added to a list of definitions. This section contains references to documents, etc. that no longer exist. We recommend that this section be updated as follows: Any Willow Creek 1 homeowner/resident may make a complaint regarding any item not in compliance with the Covenants and the Architectural Community Guidelines. Complaints shall will be made to the property management company in writing. The ACC will evaluate the complaints using the standards detailed in these Architectural Guidelines Maintenance Standards and Common Scheme Restrictions.
ENFORCEMENT OF THESE GUIDELINES
COMMENTS: The term Covenant and Rule Enforcement Policy should be defined. The most recent version of the Covenant and Rule Enforcement Policy and Procedure is not available on the WC1 website. We recognize that the document was mailed with the Annual Meeting Notice; however, it should be available for homeowner reference.
REQUESTING ACC REVIEW
TABLE OF CONTENTS ISSUES & COMMENTS:
Extended Application Requirements for New Construction or Complete Remodel – listed on Table of Contents but missing from document.
Maintenance of Grade and Drainage – missing from Table of Contents. This section seems out of place here. We think this section should be moved either to Design Guidelines – General Principles or Design Guidelines – Landscape and Yard Elements.
Outdoor Storage – missing from Table of Contents. This section seems out of place here. We think this section should be moved either Design Guidelines – General Principles or Design Guidelines – Landscape and Yard Elements. Apparently, this section is also listed in the Rules and Regulations document which does not seem appropriate to us. This will be difficult to comply with if you are adding an addition to your home, are renovating, or landscaping. We would suggest clarifying that this is long term storage and not applicable to short term projects.
Variances – listed on Table of Contents but missing from document. We actually think this section should be added to the document. Suggest adding the following language: Variances may be granted without limitations by the ACC and/or the Board in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the Architectural Guidelines. Any variance granted may not be injurious to neighboring properties or Common Areas, or deviate substantially from the general intent and purpose of the Architectural Guidelines or the Covenants.
Waivers – listed on Table of Contents but missing from document.
Paragraph 1 of this section states “Improvements, whether they are to your home exterior or your lot, require ACC approval. This includes any addition of (or modification to an existing) building, fence, landscaping, hardscape and most maintenance activities. Requesting ACC review and permission for improvement is simple.”
COMMENTS: This paragraph indicates that most maintenance activities will now require ACC review and approval. Certain maintenance activities such as resealing stamped concrete, touching up paint, doing small siding/trim repairs, re-staining a fence or deck in a clear stain, repairing edging or landscape fabric, etc. should not require ACC approval. The ACC already struggles to review and approve Design Review Requests in a timely manner. It is not clear why minor repairs/maintenance would require an approval. A requirement like this may discourage homeowners from maintaining their properties until those repairs/maintenance are more pronounced. This is not good for the community and could be more expensive for the homeowner.
PRIOR APPROVAL AND DESIGN REVIEW REQUEST
COMMENTS: This section (Bullets c-l) and section Application Process & Procedures are largely duplicative of each other and should be combined under a single section. We recommend that information contained in bullets c through l be relocated to the Application Process & Procedures section and this section renamed Prior Approval and Design Review Request.
Bullet b states “Prior approval of the Grounds Committee is required, in addition to the ACC approval, for all landscaping requests regarding landscaping on common properties owned by the Homeowners’ Association.”
COMMENTS: Does the ACC really provide written approval of these requests or does the Grounds Committee approve these requests and then submit them to the Board for approval?
Bullet c states “When requesting approval of a project, a homeowner must submit an ACC Design Review Request Form and supporting documents that describe the project in enough detail to enable the ACC to assess its effect on the appearance of the property and the neighborhood. The ACC Design Review Request Forms are printed monthly in the Willow Wisp or may be obtained from the Community Manager or from the website willowcreek1.org. Homeowners are encouraged to call the Community Manager with any questions regarding the ACC Design Review Request Form or procedure for submittal and approval.”
COMMMENTS: When a request is submitted to the Community Manager regardless of the way it is submitted, a confirmation of receipt should be sent to the homeowner. Additional functionality should be added to the WC1 website so that a copy of the request can be printed or saved by the homeowner.
Bullet e states “The ACC requires that the homeowner bear the burden of proof of submittal of the ACC Design Review Request Form to the property management company. In the absence of proof of submittal, the ACC will proceed as if no ACC Design Review Request was submitted.”
COMMENTS: Declaration of Covenants and Restrictions, Article VIII, Section 5 states “The Architectural Control Committee shall maintain written records of all applications submitted to it and of all actions it may have taken.”
Placing the entire burden of proof on homeowners for Design Review Requests, ACC approvals or ACC denials is not consistent with the requirement listed above from the Declarations of Covenants for WC1. The ACC must bear some responsibility for recording and documenting submittals along with the actions taken.
Bullet f states “The ACC will review each request following its submittal and respond in writing to the homeowner within a reasonable amount of time after the next acc meeting.”
COMMENTS: This bullet seems to suggest that there is no longer a deadline for ACC review and that the committee will decide what a reasonable amount of time for review is. This is not consistent with the Declarations of Covenants for WC1.
Declaration of Covenants and Restrictions, Article VIII, Section 3, Procedures states “The Architectural Control Committee shall approve or disapprove all plans and requests within thirty (30) days after submission. In the event the Architectural Control Committee fails to take any action within thirty (30) days after requests have been submitted, approval will not be required, and this Article will be deemed to have been fully complied with.”
Our interpretation of the above Article is that the ACC must complete their review within 30 days. The ACC cannot change this timeframe without a vote of the community. At a minimum the ACC should notify a homeowner within 30 days if supplemental information or additional time for review is required.
Bullet should be corrected to state “The ACC will review each request following its submittal and respond in writing to the homeowner within a reasonable amount of time thirty (30) days after the next accACC meeting. Homeowners will be notified within 30 days if supplemental information or additional review time is necessary.”
Bullet i states “Homeowners may appeal denials of ACC Design Review Requests to the Board of Directors. To appeal, the homeowner concerned must send a written request for a hearing to the property management company. Unless extraordinary circumstances prevent it, the Board will hear the appeal at its next regularly scheduled meeting and announce its decision to the homeowner in writing within seven days after the hearing.”
COMMENTS: This bullet conflicts with the Resolution of the WC1 HOA. We recommend it be updated to state “Homeowners may appeal denials of ACC Design Review Requests to the Board of Directors. To appeal, the homeowner concerned must send a written request per the Resolution for a hearing to the property management company within 20 days. Unless extraordinary circumstances prevent it, the Board will hear the appeal at its next regularly scheduled meeting and announce its decision to the homeowner in writing within seven days after the hearing.” The Resolution does not specify a timeframe for announcing the Board decision. We believe it is important to have a timeframe for response. The Resolution should be updated to reflect this timeframe.
Bullet l states “Approved ACC Design Review Request projects must be completed within 6 months of the approval date. Any request that is not completed within this time frame, unless given an extension by the ACC, will be canceled.”
COMMENTS: This bullet is confusing, sounds harsh and we recommend it be clarified to state “Approved ACC Design Review Request projects must either be completed within 6 months of the approval date or granted an extension by the ACC. Any request that is not completed within this time frame, unless given an extension by the ACC, will be canceled require resubmittal and reapproval by the ACC.”
APPLICATION PROCESS & PROCEDURES
COMMENTS: This section should be reviewed for typos, tense and grammatical errors (a building, landscape landscaping, processThis process. This, of next of the next, fill filled, you homeowners, might may). Additionally, this is the first time some terms are introduced (application, Committee). Having a definitions section where these terms are defined would be helpful. The first sentence of Paragraph 2 is confusing. It implies that the applications for review are already 30 days old. Recommend updating to state “The ACC meets monthly to review applications from the previous month received after the last meeting.” The last sentence of Paragraph 2 should be updated to include the form in the Willow Wisp.
EXEMPTIONS FROM APPLICATION PROCESS
COMMENTS: This section is repetitive of Requesting ACC Review, Paragraph 1. Many maintenance items should be allowed without requesting ACC approval (i.e., resealing stamped concrete, adding flowers to an existing garden, replacing landscape fabric, etc.). Please see our comments above under this section.
OTHER APPLICATION SUBMITTAL INFORMATION
COMMENTS: Paragraph 1 seems to be an overreach. The makeup of the ACC cannot be guaranteed to include a qualified civil engineer. As such, the ACC may want to review information as it applies to drainage but it should be designed by qualified professionals and handled under the city permitting process. Paragraph 3 is repetitive of Prior Approval and Design Review Request, bullet j.
MAINTENANCE OF GRADE AND DRAINAGE
COMMENTS: See comments above under Requesting ACC Review and Other Application Submittal Information.
OUTDOOR STORAGE
COMMENTS: See comments above under Requesting ACC Review.
DESIGN GUIDELINES – GENERAL PRINCIPLES
TABLE OF CONTENTS ISSUES & COMMENTS: Paragraph 1 seems more appropriate at the front of the document. See comments under USE OF GUIDELINES AND THE ARCHITECTURAL CONTROL COMMITTEE.
DESIGN COMPATIBILITY
COMMENTS: This section states that construction must be compatible with adjoining properties. How is this judged or enforced? Neighbors are not made aware of proposed designs on adjoining properties prior to ACC approval and construction. By the time it is constructed it is too late to complain.
HOME AND LANDSCAPE MAINTENANCE
COMMENTS: The random inclusion of artificial turf here seems awkward. We assume this was added because HB21-1229 says HOAs may regulate but can’t prohibit the use of artificial turf in backyards. We believe this belongs in DESIGN GUIDELINES – LANDSCAPE AND YARD ELEMENTS as its own standard. If a standard for artificial turf is included it would make sense that xeriscape is also included.
PROTECTION OF NEIGHBORS
COMMENTS: We agree with the sentiment in this section as we have dealt with privacy issues related to structures built by neighbors. However, it is not clear how this will be accomplished. See also comments under DESIGN COMPATIBILITY.
Project Completion – missing from Table of Contents. This paragraph refers to uncompleted projects for long periods of time. The term “long periods of time” is vague. We believe there should be some time limitation. This section is duplicative of bullets k, l of section PRIOR APPROVAL AND DESIGN REVIEW REQUEST. We recommend the bullets and this section be combined and moved to section APPLICATION PROCESS & PROCEDURES.
Workmanship – listed on Table of Contents but missing from document.
DESIGN GUIDELINES – BUILDING ARCHITECTURE
TABLE OF CONTENTS ISSUES & COMMENTS:
Air Conditioners and Evaporative Coolers – Table of Contents (Air Conditioners and Evaporative Coolers) and section heading (Air Conditioners and Evaporative Cooler Units) in document do not match.
Exterior Cables – missing from Table of Contents.
Roof – Table of Contents (Roof) and section heading (Roofing) in document do not match.
Shutters – section is out of alphabetical order on both the Table of Contents and in the document. We feel this section could be added to the Exterior Finishes section where trim is discussed.
Air Conditioning and Evaporative Cooler Units
This section states “Central air conditioning units must be located inside fenced areas whenever mechanically feasible.”
COMMENTS: Paragraph 1 seems overly restrictive as many of these units are already installed on side yards. Suggest amending it to state “Central air conditioning units must be located along the rear side or rear of the home.” Requiring a Design Review Request for new installations is appropriate; however, this does not seem reasonable for replacement of units. If an air conditioning unit goes out, the homeowner should be able to replace it without approval.
AWNINGS AND SUNSHADES
COMMENTS: This section should be amended to state whether or not metal awnings are allowed.
DECKS, PATIOS AND PATIO COVERS
COMMENTS: The last sentence in this section refers to solid roof patio cover roofing. Is this sentence in reference to covered patios? If so, shouldn’t there be other elements discussed like materials and paint colors?
EXTERIOR DOORS
COMMENTS: This section refers to the “rules that govern approval for construction or alteration of attached or detached structures”. Where are these rules located?
EXTERIOR FINISHES
COMMENTS: The section for stone/brick states that the material shall cover the same areas/ratios as existing brick on the home. We believe this is appropriate as the minimum; however, the ACC should consider coverage of a larger portion of the home on a case-by-case basis. Trim discussion should also include shutters. We recommend identifying wood, wood composition, and fiber cement options for trim rather than vague references to the WC1 neighborhood.
FRONT PORCHES AND RAMPS
COMMENTS: This section includes ramps (assume handicap ramps) in the title; however, no standard for ramps is provided. Should this section also include a standard for porch and ramp railings? What about stairs and entry sidewalks?
HOUSE NUMBERS
COMMENTS: This section should state that ACC approval is not required provided size is no larger than 6 inches and is compatible with the home color and style rather than using the vague term harmonious here.
PAINT
COMMENTS: Paragraph 1 of this section doesn’t state whether or not the field and trim colors should contrast. If it is acceptable for field and trim colors to be the same it should be stated here. Paragraph 5 is duplicative of paint color information in the SHEDS AND ACCESSORY BUILDINGS section. Why not just reference this section rather than repeat the same information? Play houses should be discussed here or in the SHEDS AND ACCESSORY BUILDINGS section. There is no mention of paint books. Are these still being used and available at Sherwin Williams? If so, Sherwin Williams offers a link to electronic copies of these. Other neighborhoods include a link on the HOA website. If these are still being used and available, accessing these electronically would be useful for homeowners.
ROOFING
COMMENTS: The second sentence states that the Community Management company maintains a list of approved roofing manufacturers, styles and colors. It would be helpful if this document was available to homeowners on the WC1 website.
SATELLITE DISHES AND ANTENNAS
COMMENTS: The FCC’s Over-the-Air Reception Devices Rule states that HOAs can’t ban antennas and satellite dishes from roofs.
SHUTTERS
COMMENTS: This section is very vague and does not really present a standard. We recommend revising to state “Shutters must be proportioned and sized to match windows and doors. Shutter color should be compatible with the color scheme of the home.” It would also make sense to add approved materials. These are now available in vinyl which we would assume is not allowed.
SOLAR PANELS
COMMENTS: This section should at least reference HB21-1229 which states that approval can’t be denied if the aesthetic guideline would result in more than a 10% reduction in efficiency or a 10% increase in price.
DESIGN GUIDELINES – LANDSCAPE AND YARD ELEMENTS
TABLE OF CONTENTS ISSUES & COMMENTS:
Sidewalks and Entryways – Table of Contents (Sidewalks and Entryways) and section heading (Sidewalks and Entries) in document do not match
BASKETBALL GOALS, PLAY EQUIPMENT, AND SPAS
COMMENTS: It isn’t clear why spas are included here. There is no standard presented for spas in this section. Spas would be more appropriately combined in the SWIMMING POOLS section.
FENCING AND GATES
Paragraph 1 states “All perimeter (lot line) fencing shall be of the approved cedar fencing, privacy or split rail type, and be uniform in style and color (natural weathering or natural-stained only, not painted).”
COMMENTS: Paragraph 1 states that fences shall not be painted. The HOA elected to paint the homeowner owned sides of some fencing and some patio homes have painted fences. To properly maintain these fences, painting would be required. It would be preferable if this was reworded to indicate that painting may be approved on a case-by-case basis. Additionally, there are many single-family homes with privacy fencing between one neighbor and split rail between another. This section seems to imply that the homeowner would have to make both sides match even if only one side requires replacement.
Paragraph 2 states “Perimeter and entry street fencing shall match the GID Allen Block material.” This statement is premature, an overreach and should be removed. Additionally, it is inconsistent with the options provided to entryway homeowners via email dated 31 March 2021. If the GID is responsible for this fencing it shouldn’t be included in the WC1 Architectural Guidelines. According to the latest GID update the entryway fencing has been removed from the current Request for Proposal as it is very unlikely that funding will be adequate. In the event that the GID does not have adequate funding for any part of this fencing, replacement would likely fall to the HOA. It is unlikely that the HOA would have adequate funding to build an Allen Block fence. Additionally, if the cost of fencing were to fall to the homeowner for replacement it is unreasonable to require a homeowner to spend $30K for one side of their property. This could be considered an undue burden and could be litigious for the HOA.
Paragraph 3 states “Homeowners should be concerned with the impact of their fences on neighbors”. This statement is extremely vague. All fences in WC1 are considered party fences according to the Covenants.
Paragraph 6 states “Privacy fences in the single-family home area may not border on a greenbelt. We would prefer that the ACC consider allowing privacy fences on a case-by-case basis if the home borders a busy street.
This section should address electric fences. These are a safety hazard and should be prohibited. Also, this section should state “Once a fence is stained, homeowners must maintain the fence stain in good condition (no peeling/fading). Maintenance of clear/transparent stains should be allowed without ACC approval.
ORNAMENTATION, STATUARY, AND WATER FEATURES
COMMENTS: This section is extremely vague and does not really outline a standard for any of these items. We recommend that this section be split into 3 subsections (Ornamentation and Statues, Ponds and Water Features, and Rain Water Collection).
RAIN WATER COLLECTION
COMMENTS: Homeowners in Colorado are now allowed to use rain barrels to collect rainwater. Recommend that rain barrels be discussed separately as follows:
RAIN WATER COLLECTION
Harvesting rainwater is allowed and encouraged. Rain barrels should be located along side or rear yards and screened from view. Homeowners using rain barrels are responsible for following the restrictions and limitations regarding rainwater collection provided in Colorado House Bill 16-1005 (HB16-1005). Any rain barrel located in public view must be approved by the ACC.
SHEDS AND ACCESSORY BUILDINGS
COMMENTS: Paragraph 1 states “Complete the “ACC Design Review Request Form: Accessory Building” to request approval. The title of the form on the WC1 website is “WC1 ACC Shed & Accessory Building Request Form”. Paragraph 2 requires sheds be built to “meet the look, quality of construction and workmanship used in Willow Creek 1”. This is really vague and should instead be revised to state “sheds must be built according to the Willow Creek 1 ACC Shed & Accessory Building Guidelines”. We really feel like the detail provided here is better as an attachment.
SWIMMING POOLS
COMMENTS: This section should be updated to SWIMMING POOLS/SPAS and standards should be provided for each.
SUPPLEMENTAL INFORMATION AND FORMS
ACC Application Form – form is missing from document but listed on the Table of Contents. This form should be listed on the Table of Contents as ACC Design Review Request Form to be consistent with the actual document.
ACC Shed Guidelines and Application Form – form is missing from document but listed on the Table of Contents. This form should be added to the forms available on the WC1 website. Guidelines were incorporated into the document; however, we believe these are better included as an attachment. The level of detail is not consistent with the rest of the document.
Architectural Improvement Request Flow Chart – missing from document but we believe would be a welcome addition.
We don’t understand the need for an additional guidance document titled Rules and Regulations. Some of the sections seem more appropriate in the Architectural Guidelines and the remainder seem unenforceable or appear to be overreach to us. Many of the sections listed in the document are already covered under City of Centennial ordinances, Colorado House Bills or Colorado Revised Statutes. Given this we do not understand the need for separate guidance.
COMMENTS RELATED TO THE NEW RULES AND REGULATIONS
ANIMALS
COMMENTS: Most of this section is covered in Article X of the Covenants. Issues with dog owners are covered by City of Centennial ordinances and should be reported to animal control. We don’t believe this warrants a new guidance document.
Bees are not animals and should be listed separately. We would like to see backyard beekeeping allowed. This section should be added to the Architectural Guidelines.
COMMERCIAL USES
COMMENTS: There several neighbors who have businesses out of their homes. The majority are respectful of their neighbors and the neighborhood. We don’t believe they should be punished because of the actions of 1 or 2 neighbors. We don’t have a problem with short term rentals and believe they should also be allowed. We would stipulate that commercial uses should be allowed as long as there is no external evidence thereof and no unreasonable inconvenience to neighbors.
GARBAGE AND REFUSE
COMMENTS: As others have pointed out, this section should be updated to include the use of trash bags. It should stipulate that trash bags placed at the curb for pickup shall be closed and tied.
NOXIOUS OR OFFENSIVE ACTIVITY
COMMENTS: We agree with other homeowners that this section is vague and difficult to enforce. We don’t understand why it is necessary to create a new rule here when complaints are being directed to the City of Centennial.
OUTDOOR STORAGE
COMMENTS: This section was also included in the Architectural Guidelines. We provided comments there and believe that document is more appropriate for this section.
SIGNAGE
COMMENTS: The committee should familiarize themselves with HB21-1310 and update this section appropriately. HOAs are to permit display of any noncommercial flag or sign at any time subject only to reasonable, content neutral limitations such as number, size or placement of the flags or signs.
VEHICLES AND PARKING
COMMENTS: This new rule is an overreach and was likely created because of 1 or 2 habitual offenders. This whole section is subject to City of Centennial Ordinances already. We don’t understand the need to create a new rule when this can all be managed through City of Centennial ordinances and Colorado Revised Statutes Title 42.
Paragraph 1 and 2: We don’t agree with limiting the number of cars that can be parked in a private driveway or limiting the number of days that a car can be parked in a driveway without moving. We also don’t believe this rule is enforceable without trespassing on private property and surveilling vehicles parked there.
Paragraph 3: We don’t believe it is reasonable to restrict commercial vehicles to garages. Many of these vehicles will not fit in a garage. There may be a time when a resident needs to use a commercial vehicle (personal car is in the shop, disposal of Christmas tree, etc.).
Paragraph 4: The City of Centennial allows trailers, boats, personal watercraft, campers, motorhomes, etc. to be parked for 48 hours as long as they are parked adjacent to and on the same side of the street as the registered owner. We do not believe the HOA should enact a more restrictive rule.
FIREWOOD
COMMENTS: We believe this section belongs in the Architectural Guidelines especially because committee approval is not required.
FLAGS
COMMENTS: The committee should familiarize themselves with and update this section to be consistent with HB21-1310. Per HB21-1310 the HOA may not prohibit the installation of a flagpole. We believe this section belongs in the Architectural Guidelines. Additionally, it should state that all displayed flags shall be well maintained and free from visible wear and tear.
We would like to start by thanking the ACC Ad Hoc Committee for the time spent reviewing/revising the guidelines and for giving the community an opportunity to provide comments and feedback. We understand how difficult it is to have many people reviewing and providing feedback on a document that you have spent so much time working on; however, we do believe it is an important and necessary part of the process. We do have many comments and hope that the committee will understand that they are intended to be constructive and not critical. In most cases a suggested update was provided when a comment was made. There was no way to provide comments as an attachment here; so, we are pasting them here and will also email them as much of the formatting will be lost.
COMMENTS RELATED TO THE NEW ACC COMMUNITY GUIDELINES
GENERAL
The document itself could benefit from a detailed review. During our review we noticed several issues unrelated to content. We are including those issues in our comments.
The document should have section numbers and page numbers.
The document would benefit from the inclusion of a definitions section.
The terminology utilized throughout the document varies from section to section and can be confusing. We are aware that there were multiple authors; however, the document should read as though it is written in a single voice and utilize consistent terminology.
The front section of this document requires some revision. It is repetitive and confusing as a result.
Some sections of the document have substantial detail and others have almost none. Each section should define the standard and describe how compliance will be evaluated.
Given the Boulder County fires we believe it would be appropriate to include a section for WOOD BURNING FIRE PITS with language similar to the following:
WOOD BURNING FIRE PITS
Wood burning fire pits may be permitted but must include a top screen. These outdoor fire units must not create a neighborhood nuisance and the homeowner will be responsible for any damage created by smoke, fire or ash.
TABLE OF CONTENTS
The Table of Contents is inaccurate and requires updating. Several sections listed do not exist and several exist in the document but are missing from the TOC or are titled slightly differently. We included these discrepancies under the section with our comments.
USE OF GUIDELINES AND THE ARCHITECTURAL CONTROL COMMITTEE
COMMENTS: The introduction section of the 2016 Guidelines was replaced and combined with other sections of the document. The original introduction language (2016 Section A and B) is much clearer and is preferable in tone. We do believe that the front of the document should have a section dedicated to explaining the role of the Architectural Control Committee.
COMPLAINTS
This section states “Any Willow Creek 1 homeowner/resident may make a complaint regarding any item not in compliance with the Covenants and Community Guidelines. Complaints shall be made to the property management company in writing. The ACC will evaluate the complaints using the Maintenance Standards and Common Scheme Restrictions.”
COMMENTS: The term Covenants should be defined and we recommend that it be added to a list of definitions. This section contains references to documents, etc. that no longer exist. We recommend that this section be updated as follows: Any Willow Creek 1 homeowner/resident may make a complaint regarding any item not in compliance with the Covenants and the Architectural Community Guidelines. Complaints shall be made to the property management company in writing. The ACC will evaluate the complaints using the standards detailed in these Architectural Guidelines.
ENFORCEMENT OF THESE GUIDELINES
COMMENTS: The term Covenant and Rule Enforcement Policy should be defined. The most recent version of the Covenant and Rule Enforcement Policy and Procedure is not available on the WC1 website. We recognize that the document was mailed with the Annual Meeting Notice; however, it should be available for homeowner reference.
REQUESTING ACC REVIEW
TABLE OF CONTENTS ISSUES & COMMENTS:
Extended Application Requirements for New Construction or Complete Remodel – listed on Table of Contents but missing from document.
Maintenance of Grade and Drainage – missing from Table of Contents. This section seems out of place here. We think this section should be moved either to Design Guidelines – General Principles or Design Guidelines – Landscape and Yard Elements.
Outdoor Storage – missing from Table of Contents. This section seems out of place here. We think this section should be moved either Design Guidelines – General Principles or Design Guidelines – Landscape and Yard Elements. Apparently, this section is also listed in the Rules and Regulations document which does not seem appropriate to us. This will be difficult to comply with if you are adding an addition to your home, are renovating, or landscaping. We would suggest clarifying that this is long term storage and not applicable to short term projects.
Variances – listed on Table of Contents but missing from document. We actually think this section should be added to the document. Suggest adding the following language: Variances may be granted without limitations by the ACC and/or the Board in order to overcome practical difficulties and unnecessary hardships arising by reason of the application of the Architectural Guidelines. Any variance granted may not be injurious to neighboring properties or Common Areas, or deviate substantially from the general intent and purpose of the Architectural Guidelines or the Covenants.
Waivers – listed on Table of Contents but missing from document.
Paragraph 1 of this section states “Improvements, whether they are to your home exterior or your lot, require ACC approval. This includes any addition of (or modification to an existing) building, fence, landscaping, hardscape and most maintenance activities. Requesting ACC review and permission for improvement is simple.”
COMMENTS: This paragraph indicates that most maintenance activities will now require ACC review and approval. Certain maintenance activities such as resealing stamped concrete, touching up paint, doing small siding/trim repairs, re-staining a fence or deck in a clear stain, repairing edging or landscape fabric, etc. should not require ACC approval. The ACC already struggles to review and approve Design Review Requests in a timely manner. It is not clear why minor repairs/maintenance would require an approval. A requirement like this may discourage homeowners from maintaining their properties until those repairs/maintenance are more pronounced. This is not good for the community and could be more expensive for the homeowner.
PRIOR APPROVAL AND DESIGN REVIEW REQUEST
COMMENTS: This section (Bullets c-l) and section Application Process & Procedures are largely duplicative of each other and should be combined under a single section. We recommend that information contained in bullets c through l be relocated to the Application Process & Procedures section and this section renamed Prior Approval and Design Review Request.
Bullet b states “Prior approval of the Grounds Committee is required, in addition to the ACC approval, for all landscaping requests regarding landscaping on common properties owned by the Homeowners’ Association.”
COMMENTS: Does the ACC really provide written approval of these requests or does the Grounds Committee approve these requests and then submit them to the Board for approval?
Bullet c states “When requesting approval of a project, a homeowner must submit an ACC Design Review Request Form and supporting documents that describe the project in enough detail to enable the ACC to assess its effect on the appearance of the property and the neighborhood. The ACC Design Review Request Forms are printed monthly in the Willow Wisp or may be obtained from the Community Manager or from the website willowcreek1.org. Homeowners are encouraged to call the Community Manager with any questions regarding the ACC Design Review Request Form or procedure for submittal and approval.”
COMMMENTS: When a request is submitted to the Community Manager regardless of the way it is submitted, a confirmation of receipt should be sent to the homeowner. Additional functionality should be added to the WC1 website so that a copy of the request can be printed or saved by the homeowner.
Bullet e states “The ACC requires that the homeowner bear the burden of proof of submittal of the ACC Design Review Request Form to the property management company. In the absence of proof of submittal, the ACC will proceed as if no ACC Design Review Request was submitted.”
COMMENTS: Declaration of Covenants and Restrictions, Article VIII, Section 5 states “The Architectural Control Committee shall maintain written records of all applications submitted to it and of all actions it may have taken.”
Placing the entire burden of proof on homeowners for Design Review Requests, ACC approvals or ACC denials is not consistent with the requirement listed above from the Declarations of Covenants for WC1. The ACC must bear some responsibility for recording and documenting submittals along with the actions taken.
Bullet f states “The ACC will review each request following its submittal and respond in writing to the homeowner within a reasonable amount of time after the next acc meeting.”
COMMENTS: This bullet seems to suggest that there is no longer a deadline for ACC review and that the committee will decide what a reasonable amount of time for review is. This is not consistent with the Declarations of Covenants for WC1.
Declaration of Covenants and Restrictions, Article VIII, Section 3, Procedures states “The Architectural Control Committee shall approve or disapprove all plans and requests within thirty (30) days after submission. In the event the Architectural Control Committee fails to take any action within thirty (30) days after requests have been submitted, approval will not be required, and this Article will be deemed to have been fully complied with.”
Our interpretation of the above Article is that the ACC must complete their review within 30 days. The ACC cannot change this timeframe without a vote of the community. At a minimum the ACC should notify a homeowner within 30 days if supplemental information or additional time for review is required.
Bullet should be corrected to state “The ACC will review each request following its submittal and respond in writing to the homeowner thirty (30) days after the next ACC meeting. Homeowners will be notified within 30 days if supplemental information or additional review time is necessary.”
Bullet i states “Homeowners may appeal denials of ACC Design Review Requests to the Board of Directors. To appeal, the homeowner concerned must send a written request for a hearing to the property management company. Unless extraordinary circumstances prevent it, the Board will hear the appeal at its next regularly scheduled meeting and announce its decision to the homeowner in writing within seven days after the hearing.”
COMMENTS: This bullet conflicts with the Resolution of the WC1 HOA. We recommend it be updated to state “Homeowners may appeal denials of ACC Design Review Requests to the Board of Directors. To appeal, the homeowner concerned must send a written request per the Resolution for a hearing to the property management company within 20 days. Unless extraordinary circumstances prevent it, the Board will hear the appeal at its next regularly scheduled meeting and announce its decision to the homeowner in writing within seven days after the hearing.” The Resolution does not specify a timeframe for announcing the Board decision. We believe it is important to have a timeframe for response. The Resolution should be updated to reflect this timeframe.
Bullet l states “Approved ACC Design Review Request projects must be completed within 6 months of the approval date. Any request that is not completed within this time frame, unless given an extension by the ACC, will be canceled.”
COMMENTS: This bullet is confusing, sounds harsh and we recommend it be clarified to state “Approved projects must either be completed within 6 months of the approval date or granted an extension by the ACC. Any request that is not completed within this time frame will require resubmittal and reapproval by the ACC.”
APPLICATION PROCESS & PROCEDURES
COMMENTS: This section should be reviewed for typos, tense and grammatical errors (a building, landscape landscaping, processThis process. This, of next of the next, fill filled, you homeowners, might may). Additionally, this is the first time some terms are introduced (application, Committee). Having a definitions section where these terms are defined would be helpful. The first sentence of Paragraph 2 is confusing. It implies that the applications for review are already 30 days old. Recommend updating to state “The ACC meets monthly to review applications received after the last meeting.” The last sentence of Paragraph 2 should be updated to include the form in the Willow Wisp.
EXEMPTIONS FROM APPLICATION PROCESS
COMMENTS: This section is repetitive of Requesting ACC Review, Paragraph 1. Many maintenance items should be allowed without requesting ACC approval (i.e., resealing stamped concrete, adding flowers to an existing garden, replacing landscape fabric, etc.). Please see our comments above under this section.
OTHER APPLICATION SUBMITTAL INFORMATION
COMMENTS: Paragraph 1 seems to be an overreach. The makeup of the ACC cannot be guaranteed to include a qualified civil engineer. As such, the ACC may want to review information as it applies to drainage but it should be designed by qualified professionals and handled under the city permitting process. Paragraph 3 is repetitive of Prior Approval and Design Review Request, bullet j.
MAINTENANCE OF GRADE AND DRAINAGE
COMMENTS: See comments above under Requesting ACC Review and Other Application Submittal Information.
OUTDOOR STORAGE
COMMENTS: See comments above under Requesting ACC Review.
DESIGN GUIDELINES – GENERAL PRINCIPLES
TABLE OF CONTENTS ISSUES & COMMENTS: Paragraph 1 seems more appropriate at the front of the document. See comments under USE OF GUIDELINES AND THE ARCHITECTURAL CONTROL COMMITTEE.
DESIGN COMPATIBILITY
COMMENTS: This section states that construction must be compatible with adjoining properties. How is this judged or enforced? Neighbors are not made aware of proposed designs on adjoining properties prior to ACC approval and construction. By the time it is constructed it is too late to complain.
HOME AND LANDSCAPE MAINTENANCE
COMMENTS: The random inclusion of artificial turf here seems awkward. We assume this was added because HB21-1229 says HOAs may regulate but can’t prohibit the use of artificial turf in backyards. We believe this belongs in DESIGN GUIDELINES – LANDSCAPE AND YARD ELEMENTS as its own standard. If a standard for artificial turf is included it would make sense that xeriscape is also included.
PROTECTION OF NEIGHBORS
COMMENTS: We agree with the sentiment in this section as we have dealt with privacy issues related to structures built by neighbors. However, it is not clear how this will be accomplished. See also comments under DESIGN COMPATIBILITY.
Project Completion – missing from Table of Contents. This paragraph refers to uncompleted projects for long periods of time. The term “long periods of time” is vague. We believe there should be some time limitation. This section is duplicative of bullets k, l of section PRIOR APPROVAL AND DESIGN REVIEW REQUEST. We recommend the bullets and this section be combined and moved to section APPLICATION PROCESS & PROCEDURES.
Workmanship – listed on Table of Contents but missing from document.
DESIGN GUIDELINES – BUILDING ARCHITECTURE
TABLE OF CONTENTS ISSUES & COMMENTS:
Air Conditioners and Evaporative Coolers – Table of Contents (Air Conditioners and Evaporative Coolers) and section heading (Air Conditioners and Evaporative Cooler Units) in document do not match.
Exterior Cables – missing from Table of Contents.
Roof – Table of Contents (Roof) and section heading (Roofing) in document do not match.
Shutters – section is out of alphabetical order on both the Table of Contents and in the document. We feel this section could be added to the Exterior Finishes section where trim is discussed.
Air Conditioning and Evaporative Cooler Units
This section states “Central air conditioning units must be located inside fenced areas whenever mechanically feasible.”
COMMENTS: Paragraph 1 seems overly restrictive as many of these units are already installed on side yards. Suggest amending it to state “Central air conditioning units must be located along the rear side or rear of the home.” Requiring a Design Review Request for new installations is appropriate; however, this does not seem reasonable for replacement of units. If an air conditioning unit goes out, the homeowner should be able to replace it without approval.
AWNINGS AND SUNSHADES
COMMENTS: This section should be amended to state whether or not metal awnings are allowed.
DECKS, PATIOS AND PATIO COVERS
COMMENTS: The last sentence in this section refers to solid roof patio cover roofing. Is this sentence in reference to covered patios? If so, shouldn’t there be other elements discussed like materials and paint colors?
EXTERIOR DOORS
COMMENTS: This section refers to the “rules that govern approval for construction or alteration of attached or detached structures”. Where are these rules located?
EXTERIOR FINISHES
COMMENTS: The section for stone/brick states that the material shall cover the same areas/ratios as existing brick on the home. We believe this is appropriate as the minimum; however, the ACC should consider coverage of a larger portion of the home on a case-by-case basis. Trim discussion should also include shutters. We recommend identifying wood, wood composition, and fiber cement options for trim rather than vague references to the WC1 neighborhood.
FRONT PORCHES AND RAMPS
COMMENTS: This section includes ramps (assume handicap ramps) in the title; however, no standard for ramps is provided. Should this section also include a standard for porch and ramp railings? What about stairs and entry sidewalks?
HOUSE NUMBERS
COMMENTS: This section should state that ACC approval is not required provided size is no larger than 6 inches and is compatible with the home color and style rather than using the vague term harmonious here.
PAINT
COMMENTS: Paragraph 1 of this section doesn’t state whether or not the field and trim colors should contrast. If it is acceptable for field and trim colors to be the same it should be stated here. Paragraph 5 is duplicative of paint color information in the SHEDS AND ACCESSORY BUILDINGS section. Why not just reference this section rather than repeat the same information? Play houses should be discussed here or in the SHEDS AND ACCESSORY BUILDINGS section. There is no mention of paint books. Are these still being used and available at Sherwin Williams? If so, Sherwin Williams offers a link to electronic copies of these. Other neighborhoods include a link on the HOA website. If these are still being used and available, accessing these electronically would be useful for homeowners.
ROOFING
COMMENTS: The second sentence states that the Community Management company maintains a list of approved roofing manufacturers, styles and colors. It would be helpful if this document was available to homeowners on the WC1 website.
SATELLITE DISHES AND ANTENNAS
COMMENTS: The FCC’s Over-the-Air Reception Devices Rule states that HOAs can’t ban antennas and satellite dishes from roofs.
SHUTTERS
COMMENTS: This section is very vague and does not really present a standard. We recommend revising to state “Shutters must be proportioned and sized to match windows and doors. Shutter color should be compatible with the color scheme of the home.” It would also make sense to add approved materials. These are now available in vinyl which we would assume is not allowed.
SOLAR PANELS
COMMENTS: This section should at least reference HB21-1229 which states that approval can’t be denied if the aesthetic guideline would result in more than a 10% reduction in efficiency or a 10% increase in price.
DESIGN GUIDELINES – LANDSCAPE AND YARD ELEMENTS
TABLE OF CONTENTS ISSUES & COMMENTS:
Sidewalks and Entryways – Table of Contents (Sidewalks and Entryways) and section heading (Sidewalks and Entries) in document do not match
BASKETBALL GOALS, PLAY EQUIPMENT, AND SPAS
COMMENTS: It isn’t clear why spas are included here. There is no standard presented for spas in this section. Spas would be more appropriately combined in the SWIMMING POOLS section.
FENCING AND GATES
Paragraph 1 states “All perimeter (lot line) fencing shall be of the approved cedar fencing, privacy or split rail type, and be uniform in style and color (natural weathering or natural-stained only, not painted).”
COMMENTS: Paragraph 1 states that fences shall not be painted. The HOA elected to paint the homeowner owned sides of some fencing and some patio homes have painted fences. To properly maintain these fences, painting would be required. It would be preferable if this was reworded to indicate that painting may be approved on a case-by-case basis. Additionally, there are many single-family homes with privacy fencing between one neighbor and split rail between another. This section seems to imply that the homeowner would have to make both sides match even if only one side requires replacement.
Paragraph 2 states “Perimeter and entry street fencing shall match the GID Allen Block material.” This statement is premature, an overreach and should be removed. Additionally, it is inconsistent with the options provided to entryway homeowners via email dated 31 March 2021. If the GID is responsible for this fencing it shouldn’t be included in the WC1 Architectural Guidelines. According to the latest GID update the entryway fencing has been removed from the current Request for Proposal as it is very unlikely that funding will be adequate. In the event that the GID does not have adequate funding for any part of this fencing, replacement would likely fall to the HOA. It is unlikely that the HOA would have adequate funding to build an Allen Block fence. Additionally, if the cost of fencing were to fall to the homeowner for replacement it is unreasonable to require a homeowner to spend $30K for one side of their property. This could be considered an undue burden and could be litigious for the HOA.
Paragraph 3 states “Homeowners should be concerned with the impact of their fences on neighbors”. This statement is extremely vague. All fences in WC1 are considered party fences according to the Covenants.
Paragraph 6 states “Privacy fences in the single-family home area may not border on a greenbelt. We would prefer that the ACC consider allowing privacy fences on a case-by-case basis if the home borders a busy street.
This section should address electric fences. These are a safety hazard and should be prohibited. Also, this section should state “Once a fence is stained, homeowners must maintain the fence stain in good condition (no peeling/fading). Maintenance of clear/transparent stains should be allowed without ACC approval.
ORNAMENTATION, STATUARY, AND WATER FEATURES
COMMENTS: This section is extremely vague and does not really outline a standard for any of these items. We recommend that this section be split into 3 subsections (Ornamentation and Statues, Ponds and Water Features, and Rain Water Collection).
RAIN WATER COLLECTION
COMMENTS: Homeowners in Colorado are now allowed to use rain barrels to collect rainwater. Recommend that rain barrels be discussed separately as follows:
RAIN WATER COLLECTION
Harvesting rainwater is allowed and encouraged. Rain barrels should be located along side or rear yards and screened from view. Homeowners using rain barrels are responsible for following the restrictions and limitations regarding rainwater collection provided in Colorado House Bill 16-1005 (HB16-1005). Any rain barrel located in public view must be approved by the ACC.
SHEDS AND ACCESSORY BUILDINGS
COMMENTS: Paragraph 1 states “Complete the “ACC Design Review Request Form: Accessory Building” to request approval. The title of the form on the WC1 website is “WC1 ACC Shed & Accessory Building Request Form”. Paragraph 2 requires sheds be built to “meet the look, quality of construction and workmanship used in Willow Creek 1”. This is really vague and should instead be revised to state “sheds must be built according to the Willow Creek 1 ACC Shed & Accessory Building Guidelines”. We really feel like the detail provided here is better as an attachment.
SWIMMING POOLS
COMMENTS: This section should be updated to SWIMMING POOLS/SPAS and standards should be provided for each.
SUPPLEMENTAL INFORMATION AND FORMS
ACC Application Form – form is missing from document but listed on the Table of Contents. This form should be listed on the Table of Contents as ACC Design Review Request Form to be consistent with the actual document.
ACC Shed Guidelines and Application Form – form is missing from document but listed on the Table of Contents. This form should be added to the forms available on the WC1 website. Guidelines were incorporated into the document; however, we believe these are better included as an attachment. The level of detail is not consistent with the rest of the document.
Architectural Improvement Request Flow Chart – missing from document but we believe would be a welcome addition.