(alpha by rule name & without the superseded rules)

EAGLEWOOD HOMEOWNER’S ASSOCIATION
DESIGN COMMITTEE RULES

This is a list of the Association Design Committee rules and guidelines plus any policy statements made regarding Design Committee rules compiled from the files originally published (to publish as “The Rules”) in resale certificates, beginning in 1989. These rules were established in accordance with the Association Covenants and may be changed by those covenants.

Quick-links to Supplemental Rule additions:

Rules:

Antennas (Adopted April 7, 1997)

I. Preamble

These rules are adopted by the Board of Directors of the Eaglewood Homeowner’s Association, on the day April 7, 1997, effective April 8, 1997.

WHEREAS, the Eaglewood Association, Inc. (“the Association”) is responsible for governance and maintenance of the Eaglewood Subdivision (“the Community”); and

WHEREAS, the Association exists pursuant to applicable Alaska state law and the applicable Protective Covenants, Restrictions, and Bylaws (“PC&R’s”) and

WHEREAS, the Association is authorized to adopt and enforce reasonable rules and regulations in the best interests of the Community, pursuant to applicable Alaska state law and the PC&R’s; and

WHEREAS, the Federal Communications Commission (“the FCC”) adopted Regulations effective October 14, 1996, preempting certain restrictions in the governing documents concerning the installation, maintenance, and use of direct broadcast satellite, television broadcast, and multi point distribution service antennas (“antennas”); and

WHEREAS, the Association desires and intends to adopt reasonable restrictions governing installation, maintenance, and use of antennas in the best interest of the Community and consistent with the FCC Regulations.

NOW THEREFORE, the Association adopts the following restrictions and regulations for the Community, hereinafter referred to as the “Antenna Rule (Satellite Dishes and/or TV Signal Antenna)” which shall be binding upon all owner and their grantees, lessees, tenants, occupants, successors, heirs, and assigns who currently or in te future may possess an interest in the Community, and which shall supersede any previously adopted rules on the same subject matter.

II. Definitions

A. Antenna -- any device used for the receipt of video programming services, including direct broadcast satellite (DBS), television broadcast, and multipoint distribution services (MDS). A reception antenna that has limited transmission capability designed for the viewer to select or used video programming is a reception antenna provided that it meets FCC standards for radio frequency emission. A mast, cabling, supports, guy wires, conduits, wiring, fasteners, or other accessories necessary for the proper installation, maintenance, and use of a reception antenna shall be considered part of the antenna.

B. Mast -- Structure to which an antenna is attached that raises the antenna height.

C. Transmission - only antenna -- any antenna used solely to transmit radio, television, cellular, or other signals.

D. Owner -- any homeowner in the Association. For the purpose of this rule only, “owner” includes a tenant who has the written permission of the homeowner/landlord to install antennas.

E. Telecommunications signal -- signals received by DBS, television broadcast, and MDS antennas.

III. Caveat

If, for any reason, the new FCC Regulations are ever reversed or revised in any manner that would permit the Association to again restrict antennas, the Association may require any existing antennas to be removed.

IV. Installation Rules

1. Antenna Size and Type
   1. The size of any antenna will be the minimum size necessary to receive an acceptable signal. Currently DBS antennas (satellite dishes) no greater than approximately 6 feet in diameter can receive an acceptable signal.
   2. The total vertical height of any antenna, including mast pole, will be no greater than the horizontal distance from the base of the antenna mast pole to the nearest private property line or utility (electric, telephone, cable TV, or water) pedestal, pad, meter, or other such device. This restriction is imposed to insure the safety of persons and/or property from damage or injuries which may occur should the antenna fall.
   3. Installation of transmission antennas are prohibited.
   4. All antennas not covered by the FCC Regulations are prohibited.
2. Location
   1. Antennas shall be installed solely on individually-owned property as designated on the recorded deed defining the homeowner’s property.
   2. If acceptable quality signals may be received by placing antennas inside a dwelling, without unreasonable delay or unreasonable cost increase, then outdoor installation will be prohibited.
   3. Antennas shall not encroach upon common areas or any other owner’s property.
   4. Antennas shall be located in a place shielded from view from the street(s) or from other lots to the maximum extent possible, provided, however, that nothing in this rule would require installation in a location from which an acceptable quality signal may not be received. This section does not permit installation on common property, even if an acceptable quality signal may not be received from an individually-owned lot.
   5. Antennas shall not obstruct any utility/homeowners’ association use/slope easements, any drivers view of an intersection or street, or be placed in any right-of-way, maintenance easement, or setback area. Minor exceptions may be granted to rear or side setback requirements if no other location is available which provides an acceptable signal. Rear yard areas should be considered a first priority location if such placement will permit reception of an acceptable quality signal. Side yard areas, behind the front foundation line of the dwelling, should be considered as the next priority location. If the antenna is to be placed in the front yard area, the homeowner will provide a statement from the company installing the antenna that an acceptable signal cannot be received from any other location on the property. The Association will consider requests for limited removal of trees from the rear or side setback areas to enhance reception from these areas if needed.
3. Installation
   1. Antennas shall be no larger nor installed higher than is absolutely necessary for reception of an acceptable quality signal.
   2. All installations shall be completed so that they do not damage the common area of the Association or the lot of any other resident, or void any warranties of the Association or other owners, or in any way impair the integrity of buildings on common area or other lots.
   3. Owners are responsible for all costs associated with the antenna, including but not limited to costs to:
      1. Place (or replace), repair, maintain, and move or remove antennas;
      2. Repair damages to the common property, other lots, and any other property damaged by antenna installation, maintenance or use;
      3. Pay medical expense incurred by persons injured by antenna maintenance, or use;
      4. Reimburse residents or the Association for damages caused by antenna installation, maintenance, or use.
   4. Antennas must be secured so that they do not jeopardize the soundness or safety of any other owner’s structure or the safety of any person at or near antennas, including damage from wind velocity based upon a unique location.
   5. The running of overhead wires or cables is prohibited. Necessary wires or cables will go directly from the antenna to the closest point of the house structure and will be placed underground if the antenna is not located adjacent to the house. This requirement is to insure the safety of persons and property from exposed wires and cables and for consistency with existing requirements that all utility wires and cables within Eaglewood be placed underground. All wires or cables in the vicinity of the antenna will be secured to the antenna in such a manner that makes them as unobtrusive as possible.
4. Maintenance
   1. Owners shall not permit their antennas to fall into disrepair or to become safety hazards.
   2. Owners shall be responsible for antenna maintenance and repair.
   3. Owners shall be responsible for repainting or replacement if the exterior surface of antennas deteriorates.
5. Safety
   1. Antennas shall be installed and secured in a manner that complies with all applicable city and state laws and regulations, and manufacturer’s instructions. The owner, prior to installation, shall provide the Association with a copy of any applicable governmental permit.
   2. All installations must comply with all applicable codes.
   3. In order to prevent electrical and fire damage, antennas shall be permanently and effectively grounded.
   4. Antennas are required to withstand winds of 80 mph, and shall be designed to withstand the pressure of snow and ice.

1. Antennas will be placed, to the extent feasible, in a location that is not visible from the street(s). 
2. Antennas or masts may not extend beyond a railing or fence unless no acceptable quality signal may be received from this location. 
3. Antennas situated on the ground and visible from the street or from other lots must be camouflaged by existing landscaping or fencing that is effective year round, if an acceptable quality signal may be received from such placement. If no such existing landscaping or screening exists, the Association requires antennas to be screened by new landscaping or screening of reasonable cost that is effective year round and meets the requirements of the Associations PC&R’s. Acceptable screening can include approvable fencing or landscaping (flowers, shrubs, trees, etc.). 
4. Antennas, masts, and any visible wiring must be painted in such a manner that it blends into the structure to which it is installed. (Some manufacturers assert that painting may prevent the receipt of an acceptable quality signal. Association residents are advised to make sure that paint will not degrade the signal.) Antennas (Adopted April 7, 1997) - continued from the previous page. 

VI. Number of Antennas 

No more than one antenna of each provider may be installed by an owner. 

VII. Mast Installation 

1. Mast height may be no higher than absolutely necessary to receive acceptable quality signals. 
2. Masts that extend 12 feet or less beyond the roof line may be installed subject to the regular notification process provided they meet all code requirements. Masts that extend more than 12 feet above the roof line must be approved before installation due to safety concerns posed by wind loads and the risk of falling antennas and masts. Any application for a mast longer than 12 feet must include a detailed description of the structure and anchorage of the antenna and the mast, as well as an explanation of the necessity for a mast higher than 12 feet. If this installation will pose a safety hazard to Association residents and personnel, the Association may prohibit such installation. The notice of rejection shall specify these safety risks. 
3. Masts must be installed by a licensed and insured contractor. 
4. Masts must be painted the appropriate color to match their surroundings. 
5. Masts installed on a roof shall not be installed nearer to the lot line than the total height of the mast and antenna structure above the roof. The purpose of this regulation is to protect persons and property that would be damaged if the mast were to fall during a storm or from other causes. 
6. Masts shall not encroach upon another owner’s lot or common property. 
7. Masts installed on the ground must sustain a minimum of 80 mph winds. 
8. Masts must be designed to withstand the weight of ice and snow. 

VIII. Association Maintenance of Locations Upon Which Antennas are Installed 

A. If antennas are installed on property for which the Association has maintenance responsibility, owners retain responsibility for antenna maintenance. Owners must not install antennas in a manner that will result in increased maintenance costs for the Association or for other residents. If such damage occurs, owners are responsible for these costs. 

B. If maintenance requires antenna removal, the Association shall provide owners with 10 days written notice. Owners shall be responsible for removing antennas before maintenance begins. If owners do not remove antennas by the required time, then the Association may do so, at owners’ expense. The Association is not liable for any resulting damage to antennas. 

IX. Notification Process 

A. Any owner desiring to install an antenna must complete a notification form and submit it to the Eaglewood Association Design Committee, P.O. Box 92130, Anchorage, Alaska 99509. If the installation is routine (conforms to all of the above rules and restrictions), the homeowner may proceed with installation after submitting the notification form. The Design Committee will begin an immediate review of the notification form and provide their comments to the homeowner upon completion of this review. 

B. If the installation is other than routine for any reason, owners and the Association’s Design Committee must establish a mutually convenient time to meet to discuss installation methods. The homeowner must contact the Eaglewood Association work center at 694-6942 to Antennas (Adopted April 7, 1997) - continued from the previous page. establish a meeting time. The Design Committee will then meet with the homeowner at the agreed upon time to resolve these issues so that installation may be completed in a timely manner. 

C. A preprinted standard notification form, developed by the Association will be completed by the homeowner. The form is available from the work center and copies will be provided upon request by calling 694-6942. 

X. Installation by Tenants 

Tenants may install antennas in accordance with these rules with written permission of the homeowner/landlord. A copy of this written permission must be furnished with the notification form. 

XI. Enforcement 

A. If these rules are violated, the Association may bring action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard. If the court or FCC determines that the Association rules are enforceable, a fine of $100 shall be imposed by the Association for each violation. If the violation is not corrected within a reasonable length of time, additional fines of $10 per day will be imposed for each day that the violation continues up to the maximum amount permitted by the PC&R’s. To the extent permitted by law, the Association shall be entitled to reasonable attorney fees, costs, and expenses incurred in the enforcement of this policy. 

B. If antenna installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit or seek removal of the installation. 

XII. Severability If any provision is ruled invalid, the remainder of these rules remain in full force and effect. 

Dead Cars (Adopted November 1987)

Article V.VII. J applies -- “No noxious or offensive activities (including but not limited to the repair of automobiles) shall be carried on in the Properties ... No unit owner shall permit or cause anything to be done or kept upon the property which will ... interfere with the rights of other owners ... nor will an owner commit or permit any nuisance on the Properties ....” -- and the Design Committee has decided: Outside storage of “dead” cars (vehicles) is a nuisance which detracts from surrounding property values. 

The Design Committee considers “dead” cars to be any motor vehicle which is clearly inoperative or parked in the same position over thirty days without movement or which currently carries expired vehicle tags. 

The Associations PC&R’s (Article V.VII.C) require homeowners to maintain enclosed parking for cars regularly parked in the subdivision and thereby prohibit such long term outside storage. 

Dog houses/dog runs (Adopted 1986) 

Dog houses must be positioned to the side or back of a family dwelling in such a manner as to be the least visible from a common area, and not to impede road or pedestrian traffic. Construction will be of natural wood that conforms to the main dwelling siding material and color. Roofs will be as specified in the PC&R’s. Chain link dog runs will be permitted in the interest of safety as long as the height does not exceed the height of the privacy fence which must hide the dog run. Consent of the Design Committee must be obtained in writing prior to installing a dog run. 

Background: 
May 1989 newsletter: Homeowners sometimes use the overhead wire and pulley dog run for their dogs. The Design Committee has not objected to these to date ... IF they are fully in the rear private area (behind the house) and do not present a hazard (must be at least 8 feet above the ground at all locations, not attached to common area trees, lights, neighbors house, etc., not used with a dangerous dog subject to children walking up to the dog, etc.) 

5-30-95 Guidance for Wire Dog Runs: 
Must be located in the backyard. Must be located in the least visible location, from a common area, as possible. Must be located & set-up in such a manner that the dog can not reach common property to prevent dog’s mess on common, as well as to prevent people using the trails from being intimidated by dogs). Must be at a height (approximately 6') that it does not create a hazard. 

Exterior Materials (Adopted March 12, 2001) 

Exterior Materials Article V.VII.B applies with the following clarifications: 

In the case of zero lot line homes or any residential unit that is physically attached to one or more other single family dwelling units, the exterior materials of each of the attached units should be the same. This includes the color and texture of the exterior materials used. 

Fences 

Article V.V applies -- “No fence shall be permitted to extend beyond the front edge of the foundation line of a residence. The location, height, materials, design, and construction of any fence in a private area must be approved by the Design Committee.” -- and the Design Committee has established the following guidelines: The Design Committee will normally approve a six foot high fence to be installed within the property boundary and constructed of cedar materials with the boards installed away from the primary structure. The fence location must not obstruct an intersection lateral view or a utility/homeowners’ association use easement nor extend beyond the front foundation line of the house. 

Added considerations: MOA building permit is required if the fence is to be taller than six (6) feet or violate MOA front set back of twenty (20) feet or might obstruct an intersection lateral view. 

Private Parking and Driveways 

Private Parking and Driveways Article V.VII.C applies with the following clarifications: 

a. Only private driveways, approved driveway extensions, or garages may be used for the regular parking of all privately owned vehicles, recreational vehicles as authorized by Rule G, or approved transport trailers. Landscaped areas will not be used for regular parking of vehicles. 

b. Private driveways or approved driveway extensions will not be used for the storage of materials, supplies or equipment. However, the temporary use of driveways or approved driveway extensions is authorized for storing such items when they are being used in conjunction with approved construction, renovation, landscaping, etc. of the private area. 

Driveway Extension Criteria (Adopted October 25, 1993) 

All driveway extensions must be paved. 50% of front property must be left natural and/or landscaped. 

Property found on common areas (Adopted April 19, 1988) 

Regardless of value, property items found on the common areas of Eaglewood will be treated as Eaglewood property and destroyed, disposed of, reused, or listed as found in the Newsletter at the discretion of the Operations Manager. 

Background: 
The Operations Manager and other employees from time to time recover property from the Common Areas within Eaglewood. Most of this property is of no obvious value (e.g. trash). Infrequently, some items are (or may be) of some value. When the items are of value, the Operations Manager will list the item(s) in the Newsletter as lost and found. Otherwise the property will be discarded as trash or used as Eaglewood property. 

Quorum and As-Builts (Adopted Spring 1987) 

The quorum of the Design Committee for approval of homeowner construction requests is established as three members. Design Committee review requires an appropriately annotated copy of the as-built drawings for the residence involved. 

Recreational vehicles (Adopted Dec. 28, 1992 & Modified June 3, 2002) 

Private areas parking and driveways Article V.VII.C applies --

 “Unless expressly authorized in writing, by the Design Committee to the contrary, no trailer, motorhome, airplane, boat or motorcycle (hereafter collectively called recreational vehicle(s)) shall be kept, placed, or maintained upon any private area in such a manner that such recreational vehicle(s) is visible from outside a private area; provided, however, that the provisions of this paragraph shall not apply to temporary loading, unloading and cleaning of such recreational vehicles. ....Light trucks, one-ton or smaller, with load on campers, when used on a daily basis, shall be exempt from ‘Recreation Vehicle’ parking requirements as defined above.” 

-- with the following clarifications: 

a. Between May 1 and October 1 a single motorhome, camping trailer, load-on (slide-in) camper, licensed (street legal) motorcycle, boat on its transport trailer or boat on a motor vehicle may be parked in a private driveway provided: 

1. Each residence has no more than one recreational vehicle visible from outside the private area. 
2. The recreational vehicle and other vehicles are parked on a paved driveway or approved driveway extension. 
3. The vehicles meet street clearance requirements including lateral sight distance considerations. No intersection or corner views may be obstructed and all vehicles must be at least 5 feet from the street or sidewalk. 
4. No pickup shell, or boat are parked or stored off their transport vehicle, where they are visible from outside the private area. 
5. All recreational vehicles are removed from view between October 1 and May 1. 
6. The vehicle is not and does not become unsightly or a nuisance as determined by a noticed Design Committee hearing. 
7. Trailers other than the two types mentioned in “a” above are considered inappropriate, unless specifically authorized in writing by the Design Committee. 
8. It is recommended that all load-on (slide-in) campers be lowered to the greatest extent possible when off of the pick-up. 

b. A single canoe when stored alongside homes, under overhangs, or in other non-obtrusive private area locations is exempt from the recreational vehicle rules. Multiple canoes or a canoe stored in a front yard or other visible location will be treated as a boat off the transport trailer. 

c. Off road vehicles including three-wheelers, four-wheelers, snowmachines, all-terrain vehicles, and other self-propelled, unlicenced, and off-road motorized vehicles must be stored out of view unless actively being loaded, unloaded or cleaned. 

d. Aircraft are not appropriate in Eaglewood. 

e. Temporary loading, unloading and cleaning of recreation vehicles shall be limited to 24 hours per week. Cleaning does not include the degreasing of vehicle parts or the use of solvents in driveways or yards within Eaglewood. 

Signs on the Common Area (Adopted April 29, 2002, Amended August 25, 2003 & May 9, 2005) Supersedes Rule E.

The Private Areas, Signs and Mailboxes, Article V.VII. G applies -- 

“No signs or mailboxes shall be erected or maintained upon any private area except the following: ... (d) not more than one “for sale” or “for rent” sign having a maximum face area of three (3) square feet or as otherwise approved by the Design Committee. (e) Tastefully worded and constructed signs erected and maintained by the Developer, Realtor, or borders on any private area or along roadways advertising and directing potential purchasers, unless those signs create a nuisance or safety hazard...” 

-- with the following clarifications: 

1. Signs for short-term events such as Garage Sales, Yard Sales, Open Houses, Lost or Found Pets, or other similar events, may be placed on private and/or common property areas provided: 

1. Individual signs are no larger than three (3) square feet and sandwich board signs (stands) are no larger than six (6) square feet; 
2. All signs are tastefully worded; 
3. Garage/yard sale signs may be put up the afternoon/evening before the day(s) of the sale and must be removed by the end of the day of the last day of the sale, not to exceed three (3) days in any one week;
4. Open house signs may be put up the afternoon/evening before the day(s) of the open house and removed by the end of the day, of the last day of the open house, not to exceed three (3) days in any one week;
5. Lost/found pet or similar signs must be removed after five (5) days; 
6. No signs may be placed in a location that will obstruct traffic or cause a lateral sight hazard for vehicle or pedestrian traffic; 
7. Signs may be temporarily attached to Eaglewood sign posts or street light posts with tape or string. They may not be bolted or otherwise permanently attached. All string or tape must be removed when the sign is removed. 

2. Signs for Realty actions, such as House for Sale, House for Rent, or other similar actions, may be placed on private property provided: 

1. Individual signs are no larger than four (4) square feet; 
2. The sign is located on the private property of the affected residence. No such signs will be placed on any common property of the Association. 
3. Normally up to two signs may be displayed: One on the structure (or fence of the structure) and one on a post in the yard of the property. A third sign may be displayed on another side of the house (or fence), if the house is visible from another street, however, no more than one sign may be visible on the house (or fence) from the same location. 
4. No signs may be placed in a location that will obstruct traffic or cause a lateral sight hazard for vehicle or pedestrian traffic; 
5. All signs must be kept upright and properly maintained; 
6. All signs must be removed within 24 hours, after the sale or rental of the property.

3. Signs for support or opposition to a candidate or proposition in an upcoming National, State, or Municipal election may be placed on private property provided:

1. All signs must be tastefully worded and professionally prepared;
2. Individual signs are no larger than four (4) square feet;
3. No more than one sign for a particular candidate or proposition may be displayed;
4. Signs may be erected no more than thirty (30) days preceding the date of the election and must be removed within 24 hours, after the date of the election.
5. No such signs will be placed on any common property of the Association; 
6. No signs may be placed in a location that will obstruct traffic or cause a lateral sight hazard for vehicle or pedestrian traffic. 

4. All unauthorized signs located on the common property will be removed and discarded by Eaglewood employees. 

Storage of Barrels and Gas Bottles (Adopted June 1992) 

Article V.I applies -- “All private areas, whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such manner as to prevent their becoming unsightly, unsanitary, or a hazard to health. No noxious or offensive activity shall be carried out upon any private area, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of private or common areas.” -- with the following clarifications: 

The Design Committee declared any visible storage of barrels or gas bottles a nuisance. Any outside storage of barrels must be specifically approved in writing by the Design Committee for a specific use. 

Storage Sheds/Greenhouses (Adopted prior to 1986) 

Article V.II.E applies -- “no building or structure ... other than an approved residence, shall ever be lived in or used for dwelling or other purposes. This prohibition extends to but is not limited to ... shacks, outbuildings or similar temporary structures.” -- with the following change: 

Storage sheds and greenhouses may be constructed if built in accordance with the PC&R’s. (Siding will be the same as the main dwelling and roofs will conform to the PC&R’s.) A set back of at least three feet must be maintained from the side and rear property lines and they may not obstruct any private view. 

Proposals to build a shed or greenhouse must be presented to the Design Committee for approval to insure all criteria is met. The size, material to be used, color, and location on the property (annotated on a copy of as-built survey) will be needed for the review. A greenhouse, because of its function, may have a roof that permits light to pass through, however, it must be of glass or plexiglass which is not obtrusive or reflective. Details of the structure will be evaluated by the Design Committee. 

Added Considerations: MOA building code calls for at least 5 foot side and 10 foot rear set backs on temporary structures. And Eaglewood PC&R’s call for set backs of 10 and 20 feet to side/rear and to common areas respectively. No structure should be placed in any utility/maintenance/homeowners’ association use easement (snow storage). Slope easements have other restrictions in the PC&R’s.