exhibit b providence master homeowners association design review ...
exhibit b providence master homeowners association design review ...
exhibit b providence master homeowners association design review ...
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EXHIBIT B<br />
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
DESIGN REVIEW SUBMITTAL PROCEDURES<br />
TYPE I SUBMITTALS – These items require prior <strong>review</strong> and approval by the Design Review Committee or its<br />
representative. No fee will be charged for the <strong>review</strong> of these minor items, unless unusual circumstances require further<br />
<strong>review</strong> by a professional consultant. Please refer to the Design Guidelines for a complete list of these items.<br />
TYPE II SUBMITTALS – These items include major improvements to the Dwelling or Lot and most likely require<br />
professional construction/installation and building permits from the County. Please refer to the Design Guidelines for a<br />
complete list of these items.<br />
SUBMITTAL FEES:<br />
Type I: No fee, unless further <strong>review</strong> by a consultant is required.<br />
Type II: $35 per submittal, payable in advance.<br />
Professional Review: $75 per submittal, if required – payable in advance.<br />
FOLLOWING ARE THE STEPS FOR COMPLETING SUBMITTALS FOR REVIEW:<br />
Step 1: Complete a Design Review Application form (attached), including the following:<br />
‣ Lot Owner’s name.<br />
‣ Site address.<br />
‣ Owner’s mailing address.<br />
‣ Day time contact information.<br />
Step 2: Include a site plan/drawing indicating the following:<br />
‣ Lot property lines.<br />
‣ Footprint of the Dwelling.<br />
‣ Location of any other structures on the Lot, including play equipment, pool or spa, fountain, patio,<br />
gazebo, etc.<br />
‣ Location of the item(s) included for <strong>review</strong> on the Design Review Application.<br />
‣ Note distance in feet from all structures and property lines.<br />
Step 3: Describe the item(s) being submitted for <strong>review</strong> as completely as possible, including:<br />
‣ Size, height and color.<br />
‣ Type of material(s).<br />
‣ Method of installation (i.e. in-ground, on concrete or tile, etc.).<br />
‣ Include any catalog sheets, spec sheets or photos that clearly show the above items.<br />
‣ If necessary or requested, samples are acceptable and will not be returned. If samples are<br />
submitted, they should be small enough to fit into an envelope for handling.<br />
Step 4: Include the required fee in the form of a check or money order made out to:<br />
Homeowners Association.<br />
Providence Master<br />
Step 5: Owner will be notified in writing of the <strong>review</strong> results, within 15 to 45 days of receipted date of a complete<br />
Submittal package.<br />
Please contact Management at 702.216.2020 with any questions or concerns.
EXHIBIT C<br />
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
DESIGN REVIEW APPLICATION<br />
OWNER_________________________________________________________________________________________________FEE____________<br />
PROPERTY ADDRESS: ________________________________________________________COMMUNITY______________________________<br />
MAIL ADDRESS (If different)_____________________________________________________________________________________________<br />
CELL PHONE_______________________ HOME PHONE _______________________EMAIL __________________________________<br />
THIS APPLICATION IS FOR REVIEW AND APPROVAL OF THE FOLLOWING DESCRIBED IMPROVEMENTS.<br />
ANYTHING NOT LISTED HERE AND NOT CLEARLY SHOWN ON PLANS WILL NOT BE A PART OF THIS REVIEW.<br />
APPROVAL IS FOR ASSOCIATION PURPOSES ONLY AND DOES NOT CONSTITUTE APPROVAL AS TO COMPLIANCE WITH<br />
APPLICABLE STATE, COUNTY OR CITY LAW, BUILDING AND SAFETY REQUIREMENTS OR ZONING ORDINANCES.<br />
NATURE OF PROJECT: (CHECK ALL THAT APPLY)<br />
Addition to existing dwelling (room addition or patio enclosure)<br />
Concrete work/paving stones (walkways, patio surface, deck etc.)<br />
Landscape changes and additions<br />
Landscape plans – New Installation<br />
Painting of exterior of Dwelling (trim, fencing, property walls, etc.)<br />
Patio cover<br />
Pool, spa, water feature<br />
Property walls – new installation or changes to existing<br />
Wrought iron fencing and/or gates<br />
Other _________________________________________________________________<br />
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED<br />
FOR OFFICE USE ONLY:<br />
DATE: ________________________<br />
ACCT #: ________________________<br />
TYPE: ________________________<br />
A COMPLETE COPY OF FINAL PLANS MUST BE ATTACHED, SHOWING:<br />
‣ Site Plan And Floor Plan If Applicable<br />
‣ Exterior Elevations<br />
‣ Roof Design<br />
‣ Exterior Materials And Finishes<br />
‣ Landscaping & Irrigation Plan<br />
‣ Such Other Items Necessary To Reflect The Character And Dimensions Of The Improvements.<br />
**THE LEGAL OWNER MUST ADDRESS ANY QUESTIONS REGARDING THIS APPLICATION. THIS APPLICATION REQUIRES THE<br />
SIGNATURE OF THE HOMEOWNER. SIGNATURE ACKNOWLEDGES THAT IF ANY WORK HAS COMMENCED PRIOR TO<br />
RECEIVING WRITTEN APPROVAL FROM THE DRC, YOU WILL BE LIABLE FOR ALL COSTS NECESSARY TO BRING THE WORK UP<br />
TO THE CURRENT STANDARDS. THE HOMEOWNER UNDERSTANDS THE DRC MAY NEED TO ENTER THE PROPERTY TO<br />
INSPECT WORK IN PROGRESS AS WELL AS COMPLETED WORK.<br />
I have read and understand that my contractor and I must comply with the most current version of the Community Design Guidelines and<br />
must construct all improvements in accordance with those guidelines and other governing documents of the Association<br />
Owner Signature___________________________________________________________Date: _________________________________<br />
==============================================================================================<br />
ACTION TAKEN BY DRC:<br />
APPROVED AS SUBMITTED<br />
DISAPPROVED (The request must be corrected and re-submitted)<br />
FOR THE DESIGN REVIEW COMMITTEE ___________________________________________DATE ____________________<br />
FOR THE DESIGN REVIEW COMMITTEE ___________________________________________DATE ____________________<br />
*******************************************************************************<br />
FINAL INSPECTION: ______________________________________________________________DATE_____________________<br />
Submit to: Providence Master Homeowners Association<br />
7175 N Durango, Suite 280, Las Vegas, NV 89149<br />
702.216.2020 Fax 702.240.3048
RESIDENT CONCERN FORM<br />
DATE OF REPORT: _______________________________<br />
1. PERSON MAKING REPORT:<br />
NAME:___________________________________________________<br />
ADDRESS:________________________________________________<br />
DAY PHONE:______________________________________________<br />
2. DESCRIPTION OF CONCERN<br />
DATE: ___________________<br />
TIME: _________________<br />
LOCATION/ADDRESS:<br />
__________________________________________________________<br />
__________________________________________________________<br />
DESCRIPTION:<br />
__________________________________________________________<br />
__________________________________________________________<br />
__________________________________________________________<br />
__________________________________________________________<br />
3. WHAT HAVE YOU DONE TO TRY TO RESOLVE THE SITUATION<br />
__________________________________________________________<br />
__________________________________________________________<br />
__________________________________________________________<br />
__________________________________________________________<br />
4. IF THIS GOES TO A VIOLATION HEARING, WOULD YOU BE<br />
WILLING TO APPEAR, IF NECESSARY<br />
5. WITNESS TO CONCERN:<br />
NAME: ___________________________________________________<br />
ADDRESS: ________________________________________________<br />
PHONE: __________________________________________________<br />
Return to:<br />
Providence Master Homeowners Association<br />
C/0 Capital Consultants Management Corporation<br />
7175 N. Durango Drive, Suite 280<br />
Las Vegas, NV 89149<br />
Phone: 702-216-2020 Fax: 702-240-3048
1040<br />
9)<br />
PROVIDENCE<br />
COMMUNITY STANDARDS<br />
FOR COMMUNITY LIVING
TABLE OF CONTENTS<br />
INTRODUCTION 1<br />
ANIMALS: 2<br />
Breeding 2<br />
Concern 2<br />
Control 2<br />
Feeding wildlife 2<br />
Injury or damage 2<br />
Litter 2<br />
Nuisance 2<br />
Number of pets 2<br />
CODE OF CONDUCT FOR COMMUNITY COMMON ELEMENTS AND PARKS 2<br />
Bulletin/Message Boards 2<br />
Conduct 2<br />
Harassment 2<br />
Liability 2<br />
Maintenance 3<br />
Proper Dress 3<br />
Safety rules 3<br />
Unlawful profit 3<br />
CONTRUCTION/MAINTENANCE HOURS: 3<br />
HOLIDAY DECORATIONS: 3<br />
Disturbance 3<br />
Locations 3<br />
Time 3<br />
NOISE CONTROL: 3<br />
PROPERTY MAINTENANCE STANDARDS: 3<br />
Dwelling maintenance 3<br />
Equipment storage 3<br />
Landscape maintenance 3<br />
Landscape installation requirement 3<br />
RENTAL AND COMMERCIAL USE LIMITATIONS: 4<br />
Dwelling usage 4<br />
Governing Documents 4<br />
Lease restriction 4<br />
Lease term 4<br />
Renting rooms 4<br />
Time share 4<br />
SIGNAGE - SECURITY AND REALTY: 4<br />
Campaign signage 4<br />
Open House signage 4<br />
Realty signage 4<br />
Security signs 4<br />
SPORTS APPARATUS (INCLUDING BASKETBALL HOOPS): 4<br />
Maintenance 4<br />
Nuisance 4<br />
Right to prohibit 5<br />
Storage 5<br />
Submittal 5<br />
Use and responsibility 5<br />
TRASH REGULATIONS: 5<br />
Container 5<br />
Debris 5<br />
Trash pickup 5<br />
VEHICLE AND PARKING REGULATIONS: 5<br />
Commercial Vehicles 5<br />
Common element parking 5<br />
Driving on common elements 5<br />
Garages 5<br />
Community Standards<br />
Providence Master Homeowners Association<br />
May 2006<br />
ii
Guest parking 6<br />
Inoperable vehicles 6<br />
Overnight parking in Community parking lots 6<br />
Parking 6<br />
Recreational Vehicle 6<br />
Safety 6<br />
Unlicensed vehicles and operators 6<br />
Vehicle repair 6<br />
RESIDENT CONCERN FORM 7<br />
GLOSSARY OF COMMONLY USED TERMS 8<br />
Association 8<br />
Board of Directors 8<br />
Bylaws 8<br />
CCBR's 8<br />
Commercial Vehicles 8<br />
Common Element 8<br />
Community 8<br />
Community Standards 8<br />
Contractors 8<br />
Declarant 9<br />
DRC 9<br />
Design Guidelines 9<br />
Dwelling 9<br />
Governing Documents 9<br />
Guests, Invitees 9<br />
Improvement 9<br />
Invitees 9<br />
Lot 9<br />
Management 9<br />
Master Plan 10<br />
Member 10<br />
Neighborhood 10<br />
Owners 10<br />
Participating Builder 10<br />
Residents 10<br />
Resolution 10<br />
Rules and Regulations 10<br />
Sub-Association 10<br />
Tenants 10<br />
Unit 10<br />
VIOLATION ENFORCEMENT PROCEDURE 11<br />
DELINQUENCY COLLECTION POLICY 14<br />
MEETING MINUTES CONTENT POLICY 15<br />
MEETING RULES OF ORDER POLICY 16<br />
RECORDS ACCESS POLICY 18<br />
Community Standards<br />
Providence Master Homeowners Association<br />
May 2006<br />
iii
INTRODUCTION<br />
These Community Standards have been established to serve as general<br />
Community guidelines for the Providence Master Homeowners Association<br />
(Association). They were <strong>design</strong>ed and adopted to enhance property value and<br />
enjoyment of the Community without infringing upon the rights or common benefits<br />
of all Residents. Observing these standards is the responsibility of each Owner,<br />
Tenant, Contractor and Guest. A glossary of commonly used terms, which defines<br />
the capitalized terms used in these Community Standards and other commonly<br />
used terms, can be found on pages 11-13 of these Community Standards.<br />
Additionally, starting on page 14, copies of the Association's basic operations<br />
policies are included.<br />
These Community Standards have been established as authorized by the CC&Rs<br />
and may be amended by the Board of Directors from time to time. Upon purchase<br />
of a home within the Community, all Owners received copies of the CC&Rs and<br />
Bylaws, as well as the Bylaws and CC&Rs for their Sub-Association, if applicable.<br />
These Community Standards are intended to supplement the CC&Rs. All<br />
Residents are encouraged to read these Community Standards and the CC&Rs<br />
carefully and ensure that they and their family members, Guests, Tenants and<br />
Contractors understand and abide by them. All Members are fully responsible for<br />
the actions of their family, Guests, Tenants and Contractors.<br />
This document has been prepared for the use of Association Members. These<br />
Community Standards are subject to the CC&Rs and other Governing Documents<br />
of the Association. In case of conflict between these Community Standards and<br />
the CC&R's or other Governing Documents, the CC&Rs shall first prevail, followed<br />
in order by the Articles of Incorporation, the Bylaws, the Plat Maps, Resolutions of<br />
the Association's Board of Directors and then the Design Guidelines and<br />
Community Standards.<br />
Please contact Management at 702.216.2020 with any questions.<br />
Community Standards 1<br />
Providence Master Homeowners Association<br />
May 2006
ANIMALS:<br />
Breeding — No animals of any kind shall be raised, bred, or kept for any commercial purpose on any<br />
Lot. Livestock, poultry, and farm animals are prohibited.<br />
Concern — Residents who are disturbed by another Resident's pet are urged to contact their<br />
neighbor. If this effort does not resolve the issue, a written complaint should be filed with the Las<br />
Vegas Animal Control Department.<br />
Control — All pets must be kept within an enclosure, an enclosed yard, or on a leash held by an<br />
individual capable of controlling the animal at all times. No animal should be allowed to roam at large<br />
in the Common Elements. Complaints regarding these matters should be filed with Las Vegas Animal<br />
Control.<br />
Feeding wildlife — Residents and Guests shall refrain from feeding or harassing wildlife including but<br />
not limited to pigeons, geese and burros. To avoid attracting unwanted wildlife, vermin and insects,<br />
pet food should not be left outdoors. Additionally, household garbage must be kept indoors in sealed<br />
bags or containers until placed on the curb for collection.<br />
Injury or damage — Owners are responsible for any personal injury or property damage caused by<br />
their pets.<br />
Litter — Any pet debris deposited on lawns, sidewalks, paths, or other Common Elements must be<br />
removed immediately by the owner of the animal. Residents are encouraged to carry litter bags<br />
when walking with pets. Residents are expected to maintain their yards free of accumulated pet<br />
debris and odors.<br />
Nuisance — The Board can prohibit the keeping of any animal that constitutes, in the reasonable<br />
opinion of the Board, a nuisance to any Resident.<br />
Number of pets — No household may keep more than three ordinary pets, unless approved by the<br />
Board.<br />
CODE OF CONDUCT FOR COMMUNITY COMMON ELEMENTS AND PARKS:<br />
Bulletin/Message Boards — Bulletin/Message boards may be used to post community information<br />
and activities within the general guidelines outlined below. All bulletin/message boards (including<br />
website bulletin/message boards) are reserved for the following Association uses:<br />
• Announcements of Board and committee meetings, Association events and other Boardsanctioned<br />
activities.<br />
• Community clubs or special interest group announcements.<br />
• Member personal notices such as household items for sale, help wanted, lost pets, etc. All<br />
such notices are subject to prior <strong>review</strong> and approval.<br />
Individuals or groups wanting to post fliers or notices shall provide a copy to the Association staff.<br />
Association staff shall post and remove all material and shall have the final decision on whether a<br />
flier or notice is suitable for posting and the duration of time a flier or notice is posted.<br />
Conduct — Individuals shall conduct themselves so as not to jeopardize or interfere with the rights<br />
and privileges of other Residents or Guests and shall not compromise the safety of others by their<br />
actions.<br />
Harassment — Individuals shall refrain from any abusive language or acts against any Resident,<br />
Guest, Contractor or Association staff member.<br />
Liability — Owners shall be held responsible for any intentional or negligent damage to Association<br />
property inflicted by themselves or their Invitees, who are defined as each and all of the following:<br />
family members, Tenants, Guests, agents, employees, suppliers and Contractors.<br />
Community Standards 2<br />
Providence Master Homeowners Association<br />
May 2006
CODE OF CONDUCT FOR COMMUNITY COMMON ELEMENTS AND PARKS (Continued):<br />
Maintenance — Residents can assist with the overall maintenance of the Common Elements by<br />
reporting any damage or problems promptly to the Management office.<br />
Proper Dress — Appropriate attire for the activity involved is required at all times. Upper and lower<br />
body garments and proper footwear should be worn at all times.<br />
Safety rules — Residents and their Guests shall obey all safety rules and shall discontinue any<br />
unsafe activity immediately upon direction from Management staff or Association Contractors.<br />
Unlawful profit — Residents shall not profit financially from their membership by charging Guests for<br />
the use of Association facilities.<br />
CONTRUCTION/MAINTENANCE HOURS:<br />
Construction/Maintenance Hours — Construction/Maintenance on any Lot is limited to the hours of<br />
7:00 AM to 6:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. No construction<br />
activity is permitted on Sundays or legal holidays.<br />
HOLIDAY DECORATIONS:<br />
Disturbance — Residents should make an effort to ensure that lights, particularly blinking lights or<br />
very bright lights, do not disturb other Residents. Decorations must be maintained in good repair and<br />
safe working order.<br />
Locations — Holiday decorations may not be placed on any structure, tree or plant in any Common<br />
Element.<br />
Time — The acceptable time frame for winter holiday decorations is November 15 th until January 15 th<br />
All other holiday decorations should be displayed no more than ten (10) days prior to the day of the<br />
holiday and removed within ten (10) days after the holiday.<br />
NOISE CONTROL:<br />
Residents are asked to be considerate of surrounding Dwellings. Noise that disrupts the tranquility of<br />
the Community or interferes with the quiet enjoyment of other Residents shall not be permitted.<br />
PROPERTY MAINTENANCE STANDARDS:<br />
Dwelling maintenance — Owners are required to maintain their Dwellings and any Lot<br />
Improvements, including but not limited to patios and other structures, decks, walkways, walls and<br />
wrought iron fencing and gates, in good condition. This includes making repairs in a timely manner or<br />
replacing any damaged elements as necessary. Faded, chipped or peeling surfaces must be<br />
promptly repaired and/or repainted.<br />
Equipment storage — All garden and maintenance equipment shall be stored out of sight of<br />
neighboring Lots and Dwellings when not in use.<br />
Landscape maintenance — Landscaping must be kept neatly trimmed, properly cultivated, and<br />
weed-free. Trees and shrubs should be regularly pruned to avoid creating a maintenance nuisance to<br />
surrounding Lots or Common Elements. Rockscape stones and rock mulch must be contained and<br />
maintained within planter beds and not allowed to encroach onto other Lots or Common Elements.<br />
Landscape installation requirement — Each Owner shall submit their DRC application to install<br />
minimal landscaping in their front, side and rear yards within 180 days of close of escrow. Prior to<br />
installation of permanent landscape, consistent effort to control dust and weed nuisance is expected.<br />
Community Standards 3<br />
Providence Master Homeowners Association<br />
May 2006
RENTAL AND COMMERCIAL USE LIMITATIONS:<br />
SIGNAGE:<br />
Dwelling usage — No Dwelling shall be used for any purpose other than single family residential<br />
occupancy. Professional and/or administrative occupations are allowed as an ancillary use of the<br />
Dwelling, provided there is no external evidence or traffic to the home. Child-care facilities are<br />
allowed, provided that the maximum aggregate number of children does not exceed 5 children,<br />
including the children that reside in the Dwelling and there is no external evidence of the facility (i.e.<br />
signage).<br />
Governing Documents — The Owner shall provide copies of all the Governing Documents to the<br />
Tenant as an attachment to the lease agreement. Copies of the Governing Documents may be<br />
obtained from the Management office and provided to the Tenant for a fee charged to the Owner.<br />
Lease restriction — All Tenants must comply with these Community Standards, Design Guidelines,<br />
and CC&Rs of the Association. Owners are responsible for their Tenants and Guests.<br />
Lease term — All leases shall be in writing and for a term of not less than thirty (30) consecutive days<br />
in duration for each Tenant. For safety and emergency precautions, a copy of the lease indicating<br />
the name of the property manager and the Tenants should be filed with the Association Management<br />
office.<br />
Renting rooms — A Dwelling may only be rented or leased in its entirety. Subletting of individual<br />
rooms is prohibited.<br />
Time share — No time-sharing of Dwellings is allowed.<br />
Campaign signage (or Political signage) - Campaign signage is limited to one (1) sign per<br />
candidate or issue. Campaign signs may not exceed twenty four (24) inches by thirty six (36) inches,<br />
and must be removed within ten (10) days of the end of the campaign.<br />
Open House signage — "Open House" signs are permitted only on the day of the open house event<br />
and may be posted only in the front yard of the open house. Signs may not be posted anywhere on<br />
the Common Element grounds, streets, medians, streetscapes or walls. Signs found on the<br />
Common Elements will be removed and disposed of. All signs must be constructed of weather<br />
resistant material and must not exceed 18" x 24" in size.<br />
Realty signage — A maximum of one (1) temporary realty sign advertising a home for sale or rent<br />
may be located on the front yard of the Lot on a pole that is no higher than five (5) feet, or in a<br />
window of the residence. All signs must be professionally constructed of weather resistant material.<br />
The size of all signs must not exceed 18" x 24". "Sold" signs may be displayed only for thirty (30)<br />
days after the sale.<br />
Security signs — A maximum of one (1) security sign is permitted in the front yard of any lot.<br />
Security signs may not exceed 8"x 8" and must be placed no more than three (3) feet away from the<br />
house and no more than three (3) feet above the foundation level. Window decals are permissible.<br />
SPORTS APPARATUS (INCLUDING BASKETBALL HOOPS):<br />
Maintenance — Sports apparatus must be maintained in good condition and shall not become an<br />
eyesore.<br />
Nuisance — Use of any sports apparatus shall not create a nuisance for neighboring homes. Hours<br />
of use must be reasonable and confined to the hours between 8:00 AM and 10:00 PM.<br />
Community Standards 4<br />
Providence Master Homeowners Association<br />
May 2006
SPORTS APPARATUS (INCLUDING BASKETBALL HOOPS) (Continued):<br />
Right to prohibit — Should the Board of Directors determine that use of any sports apparatus is<br />
creating a nuisance or is not in compliance with these Community Standards, it may prohibit the<br />
continued use of the apparatus, fine the Owner, or take such action as the Board deems appropriate<br />
and necessary.<br />
Storage — When not in use, portable sports apparatus must be stored out of sight of the street or<br />
neighboring homes.<br />
Submittal — All permanent sports apparatus must be submitted to and approved by the DRC in<br />
advance of installation. Basketball hoops cannot be mounted onto the house or any other structure<br />
on the Lot. Please refer to the Design Guidelines for further information on this procedure.<br />
Use and responsibility — Sports apparatus may not be used in such a manner that infringes upon<br />
neighboring homes or damages landscaping or property belonging to others or the Association.<br />
Residents using portable sports apparatus assume the sole responsibility for any damage such use<br />
causes to the property of others or the Association.<br />
TRASH REGULATIONS:<br />
Container — Trash containers must be covered and kept in a sanitary condition. Tied plastic trash<br />
bags may also be used if they are kept closed and contained. When not in use, containers must be<br />
stored out of public view, in the garage or behind the gate.<br />
Debris — Residents are responsible for picking up trash that is spilled, blown, or otherwise deposited<br />
onto the Common Elements or other Owners' Lots. No trash or debris can be left in any area that is<br />
visible from neighboring Lots or Dwellings, Common Elements, or streets.<br />
Trash pickup — Trash containers and trash bags may be placed by the curb for pickup 12 hours<br />
before pickup and must be removed from the curb and stored out of sight no later than 12 hours after<br />
pickup.<br />
VEHICLE AND PARKING REGULATIONS:<br />
Commercial Vehicles — Commercial Vehicles (defined as any vehicle regularly used for business<br />
transportation and/or displaying any type of wording or signage, including, without limitation, dump<br />
trucks, cement mixers, oil or gas delivery trucks, and flatbed trucks) may not be parked overnight or<br />
stored within the Community. Small trucks and vans (i.e. camper trucks or similar vehicles up to and<br />
including one ton vehicles that are used for everyday transportation) may be parked overnight within<br />
the Community provided the vehicle is parked on the driveway and has only two axles. However, the<br />
Board reserves the right to determine whether trucks or vans meet the standards to park overnight in<br />
the Community. Supplies or equipment on or in such vehicles must not be visible from any street,<br />
Dwelling or Lot within the Community. All such vehicles must be well maintained in a neat, clean and<br />
unobtrusive condition.<br />
Common Element parking — All vehicles, including bicycles and motorized scooters, shall be<br />
parked only in <strong>design</strong>ated parking areas such as marked parking spaces and bicycle racks.<br />
Driving on Common Elements — No motorcycles, dirt bikes, off-road vehicles, or other similar<br />
devices, may be operated on any of the Common Elements, including but not limited to the paseos,<br />
park areas and pathways.<br />
Garages — Garages must be maintained for their intended purpose and cannot be converted to living<br />
or office space without the prior written approval of the DRC. Garage doors shall be kept closed for<br />
safety and security.<br />
Community Standards 5<br />
Providence Master Homeowners Association<br />
May 2006
VEHICLE AND PARKING REGULATIONS (Continued):<br />
Guest parking — As a courtesy to neighboring Residents, Guests should park in front of the home<br />
they are visiting and shall not block any driveway, mailbox or fire safety area.<br />
Inoperable vehicles — Inoperable vehicles may not be stored or parked on any Lot, other than in the<br />
garage. An inoperable vehicle is defined as a vehicle that cannot operate on public streets because<br />
it does not run or is not legally licensed. Vehicles parked on the Common Elements may be towed at<br />
the property Owner's expense and damages to any Common Element will be charged to such<br />
Owner.<br />
Overnight parking in Community parking lots is prohibited.<br />
Parking — It is the intent of the Association to discourage on-street parking as much as possible.<br />
Residents should make every effort to keep their vehicles in their garages and driveways. Parking on<br />
any part of the front yard landscape/rockscape areas is prohibited. Vehicles shall not park in service<br />
areas, in violation of handicapped parking laws, over the curb, on the grass or sidewalk or along<br />
facility access roads. Vehicles parked on Association Common Elements in violation of these rules<br />
shall be subject to towing, fines and other sanctions.<br />
Recreational Vehicle — No boat, camper, recreational vehicle, trailer, van, or motor home of any<br />
type may be stored or parked on any Lot other than in the garage, except temporarily for the purpose<br />
of loading and unloading for no more than 48 hours. The following also applies to recreational<br />
vehicles:<br />
• Electrical and water connections may not be left unattended across sidewalks;<br />
• Individuals are not permitted to reside in such vehicles at any time while within the<br />
Community;<br />
• The wheels of such vehicles shall not be parked on the sidewalks or over the curb;<br />
• Discharge of gray or black waste water is strictly prohibited;<br />
• Such vehicles may not be parked on parking lots, easements or other areas owned by the<br />
Association.<br />
• Permanent storage of such vehicles on any Lot other than in the garage is subject to DRC<br />
<strong>review</strong> and approval — and shall be dependant, in part, upon the size of the Lot and the<br />
Recreational Vehicle - and full screening from the street.<br />
Safety — This is a residential area, with children at play. Posted speed limits shall be observed at all<br />
times.<br />
Unlicensed vehicles and operators — Operating unlicensed motor vehicles or driving motor<br />
vehicles without an operator's license is not permitted on the Community streets or sidewalks or any<br />
Common Element or Association owned property.<br />
Vehicle repair — Vehicle or other equipment repair or service must be confined to a garage. Leaks<br />
from vehicles in the street and on driveways must be cleaned up within 24 hours.<br />
Community Standards<br />
Providence Master Homeowners Association<br />
May 2006<br />
6
RESIDENT CONCERN FORM<br />
DATE OF REPORT:<br />
1. PERSON MAKING REPORT:<br />
NAME:<br />
ADDRESS:<br />
DAY PHONE:<br />
2. DESCRIPTION OF CONCERN<br />
DATE: TIME:<br />
LOCATION/ADDRESS:<br />
DESCRIPTION:<br />
3. WHAT HAVE YOU DONE TO TRY TO RESOLVE THE SITUATION<br />
4. IF THIS GOES TO A VIOLATION HEARING, WOULD YOU BE WILLING TO<br />
APPEAR, IF NECESSARY<br />
5. WITNESS TO CONCERN:<br />
NAME:<br />
ADDRESS:<br />
PHONE:<br />
Return to:<br />
Providence Master Homeowners Association<br />
C/0 Capital Consultants Management Corporation<br />
7175 N. Durango Drive, Suite 280<br />
Las Vegas, NV 89149<br />
Phone: 702-216-2020 Fax: 702-240-3048<br />
Community Standards 7<br />
Providence Master Homeowners Association<br />
May 2006
Glossary of Commonly Used Terms<br />
These terms are being provided to aid and assist Owners and Residents in understanding and<br />
interpreting the Governing Documents of the Association. These terms are taken from all of the<br />
Governing Documents as a whole and may not necessarily be found in these Community<br />
Standards. The definitions are written in laymen's terms for the benefit of Owners and Residents<br />
and are not intended to be legal definitions. Owners and Residents are urged to refer to the<br />
Governing Documents for the actual legal term definitions. All capitalized terms are defined in<br />
this Glossary.<br />
Association — Providence Master Homeowners Association, a Nevada nonprofit corporation<br />
established to conduct the business, maintenance and governance responsibilities for the<br />
Community as a whole.<br />
Board of Directors (Board) — Initially appointed by the Declarant and eventually elected by the<br />
Owners, this is the corporate head of the Association, responsible for all business, maintenance<br />
and governance operations.<br />
Bylaws - The Bylaws of the Association as created by the Declarant and as may be amended<br />
from time to time, establish the business procedures of the Board of Directors and the<br />
Association.<br />
CC&R's - The Master Declaration of Covenants, Conditions and Restrictions and Reservation of<br />
Easements for the Community, as recorded with Clark County, Nevada, and as may be<br />
amended from time to time. This document addresses the rights and responsibilities of the<br />
Declarant, the Association and the Owners with respect to the Community.<br />
Commercial Vehicles - Any vehicle regularly used for business transportation and/or displaying<br />
any type of wording or signage, including, without limitation, dump trucks, cement mixers, oil or<br />
gas delivery trucks, and flatbed trucks.<br />
Common Element - All property within the boundaries of the Association which does not belong<br />
to an individual or individuals, or which does not belong to a Sub-Association, and which is<br />
available for use by all Residents of the Association. This includes items such as pathways,<br />
paseos, lighting fixtures, park benches, street signs, sidewalks, and parks, including structures<br />
built within those parks.<br />
Community — Providence, a common-interest planned community development.<br />
Community Standards — The standards of conduct, maintenance and other activity <strong>design</strong>ed<br />
and adopted by the Board with the intention of establishing and clarifying the minimum<br />
expectations for maintaining property value and community harmony within the Community (also<br />
called "Rules and Regulations").<br />
Contractors - This term applies to all vendors and workers employed or contracted by the<br />
Association or the Residents to work in the Community. Contractors employed by the<br />
Association work only on Association Common Elements, cannot perform any work on individual<br />
homes or Lots and answer only to the Association Board or staff.<br />
Community Standards 8<br />
Providence Master Homeowners Association<br />
May 2006
Glossary (continued)<br />
Declarant - Cliff's Edge, LLC, a Nevada limited liability company established for the purpose of<br />
development of the Community. Initially the Declarant maintains control of the Board (Declarant<br />
Control Period), appoints all of its members and established and adopts all Association policies<br />
and procedures.<br />
DRC - Design Review Committee, created pursuant to CC&R Article IV, Section 4.2. This group<br />
developed and adopted the Design Guidelines for exterior Improvements to all homes and Lots<br />
within the Association. Their responsibility is to ensure adherence to those Design Guidelines by<br />
<strong>review</strong>ing all Improvement plans prior to construction and inspecting said Improvement after<br />
completion.<br />
Design Guidelines - The architectural, <strong>design</strong>, and construction guidelines and <strong>review</strong><br />
procedures applicable to all Lots and homes within the Association, originally adopted in June<br />
2005, and as may be amended from time to time by the DRC.<br />
Dwelling - A single family home, located on a Lot <strong>design</strong>ed and intended for use and occupancy<br />
as a residence by a single family, including any ancillary building such as a "casita" or "guest<br />
house".<br />
Governinq Documents - These are legally binding documents that control the Community. They<br />
consist of:<br />
• The CC&R's<br />
• Articles of Incorporation<br />
• Bylaws<br />
• Plat Maps<br />
• Resolutions of the Association's Board of Directors<br />
• Design Guidelines<br />
• Community Standards<br />
These Governing Documents apply to all Owners and Residents in the Community, as well as to<br />
their family members, guests, Tenants and vendors. In case of conflict within the documents,<br />
the list above is printed in order of document hierarchy.<br />
Guests, Invitees - Each and all of the following: Tenants, guests, vendors, agents, employees,<br />
suppliers, and Contractors (and family members, employees or agents of any of this list).<br />
Improvement - Any addition, change or modification to the outside of a Dwelling or on a Lot,<br />
regardless of whether it may be seen from the street or a neighboring property.<br />
Invitees - See "Guests"<br />
Lot — The real property, as defined in the Governing Documents which, together with the<br />
Dwelling, makes up a Unit within the Association. "Unit" is defined in Nevada Revised Statutes,<br />
Chapter 116, which governs common interest communities.<br />
Management - The person or persons appointed by the Board, and delegated with the authority<br />
to implement certain duties, powers or functions of the Association as provided by the CC&R's<br />
and Bylaws.<br />
Community Standards 9<br />
Providence Master Homeowners Association<br />
May 2006
Glossary (continued)<br />
Master Plan - The <strong>master</strong> land use plan for the Community as approved by Clark County,<br />
Nevada, and as may be amended from time to time.<br />
Member - Every Owner is a Member of the Association, with all the benefits, privileges, and<br />
responsibilities defined in the Governing Documents.<br />
Neiqhborhood - Any residential area within the Association, <strong>design</strong>ated by the Declarant, which<br />
may share benefit from Common Elements specific only to that Neighborhood and may also<br />
share expenses through assessments for the cost of maintenance of such primary or exclusive<br />
use areas.<br />
Owners - One or more persons, which may include the Declarant or a Participating Builder, who<br />
hold the record title to any Lot, but excluding in all cases any party holding an interest merely as<br />
security for the performance of an obligation (such as a bank holding a security interest in a Lot<br />
related to a mortgage on the Lot).<br />
Participating Builder (or Builder) - Any entity who purchases one or more parcels of land within<br />
the Community for further subdivision into Lots, development, and/or resale in the ordinary<br />
course of business.<br />
Residents - Any person who is physically residing in a Dwelling within the Community.<br />
Resolution — Written and adopted decision of the Board of Directors regarding the business<br />
operations or governance of the Association. The Board adopts the Resolution at a duly noticed<br />
meeting and copies of the adopted Resolution are then mailed to all Owners.<br />
Rules and Regulations — See "Community Standards".<br />
Sub-Association - A Neighborhood within the Community subject to secondary governing<br />
documents which control governance of private streets and Common Elements and is also<br />
subject to the Association and it's Governing Documents. Owners in Sub-Associations are<br />
subject to two sets of legal documents and pay two assessments.<br />
Tenants - One or more persons residing in a Dwelling within the Community by means of a<br />
lease between an Owner and the Tenant.<br />
Unit — See "Lot".<br />
Community Standards 10<br />
Providence Master Homeowners Association<br />
May 2006
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
VIOLATION ENFORCEMENT PROCEDURE<br />
This procedure has been adopted by the Providence Master Homeowners Association Board of Directors<br />
as part of their duty to protect, maintain and enhance the value of the Owners' investment in this<br />
community. The procedure is compliant with the governing documents and Nevada state law and is<br />
intended to provide fair and consistent treatment for all issues alleged to be violations of the community's<br />
governing documents, including the Covenants, Conditions and Restrictions (CC&R's), the Design<br />
Guidelines and Community Rules and Regulations.<br />
â All alleged violations will be verified by Management prior to implementing this process.<br />
â Complaints from residents must be provided in writing and verifiable by Management before<br />
being considered as alleged violations.<br />
â This process applies to all residents — owners and tenants — and all parties will be noticed.<br />
â Noise and Pet Nuisance issues will require signature verification from at least three affected<br />
properties.<br />
â Violations that may constitute threat to the health, safety or welfare of the Association<br />
and/or its residents are not subject to this process and will be handled with all expediency<br />
allowed by law, including but not limited to issuing "cease and desist" orders, enlisting law<br />
enforcement assistance and filing for injunctive relief.<br />
Section I — Inspections: Monthly property inspections will be conducted and a written report prepared.<br />
The report will be continuous from month to month and will list all outstanding violations by date. In<br />
order to protect Owner's rights, the report is confidential for the use of Management and the Board of<br />
Directors only.<br />
SectionII — Notice: A series of written Notices shall be issued for alleged violations. All parties<br />
involved, including owners and their tenants, shall receive all Notices.<br />
1. Courtesy Notice — This notice will be sent to advise the resident of the violation, explain the<br />
circumstance and request cooperation in seeking a remedy within 15 days.<br />
2. Second Notice — This notice is a follow-up after the initial 15 day time period. It will explain<br />
the process of this policy, including hearings and fines and will allow another 15 day period<br />
for a resolution prior to the scheduling of a hearing. A form will be provided for the resident's<br />
use in responding to this notice.<br />
3. Hearing Notice — If there is no response, this notice will be sent, scheduling a date and time<br />
for a violation hearing. It will be mailed ten to thirty days in advance of the hearing date and<br />
state that the hearing will be held, whether or not the resident attends. It will include a<br />
response form to be returned, explaining the circumstance, confirming attendance or advising<br />
that the violation has been remedied.<br />
Section III — Hearing: Violation hearings are held by the Board of Directors or its <strong>design</strong>ee.<br />
â The hearing must be conducted prior to imposing any penalty.<br />
â Hearings are conducted in private, unless the resident requests a public meeting.<br />
â State law allows a default hearing to be held, even if the resident does not attend.<br />
â The intent of the hearing is to communicate with the resident and gain cooperation. It is not<br />
intended to be punitive or confrontational.<br />
â The hearing panel will deliberate privately and their written decision will be mailed to the resident<br />
within ten days of the hearing. All parties will receive copies.<br />
Community Standards 11<br />
Providence Master Homeowners Association<br />
May 2006
Section IV — Ongoing Violations: After 14 days from the mailing of the hearing results, if further<br />
inspection proves that the violation still exists, the following steps may be taken. Explanation of this part<br />
of the process will be included in the hearing results letter.<br />
1. Continuing Fines: As allowed by state law and without further notice, fines up to $100<br />
may be imposed for every 7-day period until the violation is remedied.<br />
2. Additional Sanctions: The Board or its <strong>design</strong>ee may impose such sanctions as<br />
suspending use of common amenities and/or voting privileges. Written notice of<br />
imposition of these sanctions will be sent to all parties.<br />
3. Attorney Letter: If the resident does not respond within 30 days of imposition of the<br />
above penalties, the Board may request its legal counsel to notify all parties of the possible<br />
ramifications of these actions, including but not limited to cost of potential legal fees for<br />
property liens and required mediation/arbitration to resolve the issue.<br />
Section V — Right of Appeal: All Owners have the right to appeal architectural <strong>design</strong> <strong>review</strong> and<br />
community rules violation decisions to the Association Board of Directors. Appeals must be in writing,<br />
addressed to the Board of Directors in care of Management within 14 days of the decision in question.<br />
The Board will consider the matter in Executive Session and invite the Owner to participate. The Board's<br />
decision on the appeal will be provided in writing to the Owner within 14 days of the Executive Session<br />
meeting.<br />
Section VI — Legal Remedies: The Association Board of Directors has various options to remedy<br />
ongoing violations. Following the above ten week enforcement process, the Board may take one of the<br />
following steps.<br />
1. Self-help Remedy: Pursuant to state law and the CC&R's, the Board may elect to enter<br />
the property to remove the violation or require the Owner to remove the violation at his<br />
own expense.<br />
2. Filing of Lien: The Board may file a lien against the property to secure its claim to any<br />
and all unpaid fines and all costs incurred to bring the unit into compliance.<br />
3. Mediation/Arbitration: Nevada law and the CC&R's require mediation or arbitration<br />
prior to further legal action being taken. The Board may offer this option and allow 30<br />
days for the Owner to respond. If there is no response, the Board may file a complaint<br />
against the Owner with the state Ombudsman for Common Interest Communities.<br />
4. Injunctive Relief: Nevada statute 116.31031 grants the Association the power to enforce<br />
its governing documents. The Board may elect to turn the matter over to its attorney to<br />
seek an injunction or other court order requiring compliance by the Member. Costs for<br />
such action will be charged to the Member.<br />
Enforcement of violations can be a time-consuming and costly process. It is the intent of the Board of<br />
Directors and Management to work with the Members and advise and educate them regarding the<br />
advantages and responsibilities of living in a common interest community. Cooperation and consideration<br />
among all concerned parties creates a sense of fellowship that promotes harmony in the community.<br />
Community Standards 12<br />
Providence Master Homeowners Association<br />
May 2006
VIOLATION ENFORCEMENT<br />
SCHEDULE OF FINES & SANCTIONS<br />
Health & Safety Violations: (Not limited by NRS116) Up to:<br />
Animals and Wildlife<br />
$100.00 per day<br />
Construction Activities, Lighting<br />
Diseases and Insects<br />
Explosives (including chemical)<br />
Firearm Related<br />
Hazardous Activities (defined by the Association)<br />
Open Fires<br />
Unlawful Fireworks<br />
Unsanitary Trash Accumulation<br />
General Violations:<br />
Initial Fine Up To:<br />
Antennae $100.00<br />
Architectural Control<br />
Business Use<br />
Failure to Landscape<br />
Maintenance of Landscaping<br />
Mechanical Equipment<br />
Occupancy<br />
Repair, Modification & Maintenance<br />
Repetitive Nuisance<br />
Signage<br />
Storage Sheds/Outside Storage<br />
Temporary Occupancy/Buildings<br />
Walls & Fences<br />
Other non-health/safety violations<br />
Nuisance Violations:<br />
Initial Fine Up To:<br />
Animals & Wildlife $50.00<br />
Clothes Drying Facilities<br />
Construction/Lighting<br />
Machinery & Equipment<br />
Motor Vehicles (Parking/Size/Commercial/RV)<br />
Noise<br />
Trash Containers/Collection<br />
Continuing Violations:<br />
Up To: $500.00 per week<br />
• If compliance is not achieved within the required period of time, the violation will be deemed a continuing<br />
violation until corrected. Fines of up to $500.00 every seven days may be imposed.<br />
• In addition to monetary fines, the Board or its <strong>design</strong>ee may impose sanctions, including suspension of<br />
membership privileges such as use of common amenities and voting rights.<br />
• Pursuant to Article 19 of the CC&R's, mediation or arbitration may be required to reach a final resolution.<br />
• All costs for these methods of resolution shall be the responsibility of the Owner.<br />
Community Standards 13<br />
Providence Master Homeowners Association<br />
May 2006
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
DELINQUENCY COLLECTION POLICY<br />
Pursuant to Chapter 116 of the Nevada Revised Statutes and the Master Declaration of Covenants,<br />
Conditions and Restrictions and Reservation of Easement for Providence (the "CC&R's") the Providence<br />
Master Homeowners Association ("PMHA") has a lien on each Unit for assessments from the date such<br />
assessment first becomes due. PMHA may enforce its lien rights against accounts delinquent for over<br />
ninety days and has the right, pursuant to applicable state law, to foreclose its lien for unpaid assessments.<br />
Members are responsible for all collection expenses on their delinquent account.<br />
Base Assessments are paid on a quarterly basis and are due on the first day of each quarter of the calendar<br />
year. Base Assessments are delinquent if not paid within thirty (30) days thereafter.<br />
1. If a Base Assessment, Neighborhood Assessment, Specific Assessment, or Special Assessment<br />
(together, "Assessment"), is delinquent for thirty (30) days or more, a "Late Notice Letter" shall be<br />
sent to the Member via first class mail. A notice fee* shall be charged to the Member, and the<br />
delinquent assessment amount shall bear interest at the rate of eighteen percent (18%) per annum,<br />
from the due date.<br />
2. The Late Notice Letter shall include a thirty (30) day time period in which to cure the delinquency, as<br />
well as notification to the Member that failure to cure by the specified date may result in acceleration<br />
of all assessments due for the remainder of the calendar year.<br />
3. If an Assessment is delinquent for sixty (60) days or more, an "Intent to Lien" notice shall be sent to<br />
the Member via first class and certified mail. An administrative fee* will be charged to the Member<br />
for this notice.<br />
4. If an Assessment is delinquent for ninety (90) days or more, a Notice of Lien will be automatically<br />
filed. Collection of all Assessments due for the calendar year may be accelerated with this notice of<br />
lien. The account may be turned over to a Trustee Service or an attorney to file the lien and the<br />
Member shall be responsible for all administrative costs and fees regarding the delinquency.<br />
5. If an Assessment is delinquent for one hundred eighty (180) days or more, the Board may elect to<br />
pursue foreclosure or other remedies as provided in Article 9 of the CC&R's and Nevada Revised<br />
Statutes Chapter 116.<br />
6. Once an account has been turned over to a Trustee Service or attorney, no payments or<br />
communications from the Member will be accepted at the Association office. The Member must then<br />
contact the Trustee Service or attorney directly in order to resolve the delinquency.<br />
NOTE:<br />
THIS DELINQUENCY POLICY AND ALL FEES ARE SUBJECT TO<br />
CHANGE AS THE BOARD DEEMS PRUDENT AND NECESSARY.<br />
*Contact Management to verify amount of this fee.<br />
Community Standards 14<br />
Providence Master Homeowners Association<br />
May 2006
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
MEETING MINUTES CONTENT POLICY<br />
Nevada Revised Statute 116, (NRS116) contains specific provisions regarding an Member's<br />
right to speak during a meeting of the Association or Board of Directors (Board), unless the Board is<br />
meeting in executive session. Additionally, state law requires that the minutes of each meeting must<br />
include the substance of all matters proposed, discussed or decided at the meetings. The Board has<br />
the authority to establish reasonable limitations on materials, remarks or other information to be<br />
included in the minutes of meetings of the Board or Members. The Board may also establish<br />
reasonable limitations to minimize the Association's liability from any obscene, seditious, group libel or<br />
other statement or material which the Board, in its sole discretion and consistent with applicable law,<br />
deems inappropriate which may be requested to be included in the minutes. Under direction of the<br />
Board Secretary, the Association shall maintain the minutes of each meeting of the Members until the<br />
common-interest community is terminated. Therefore, the number of pages that can be attached to the<br />
minutes for inclusion in the permanent storage needs to be considered.<br />
1. Under the Member comments section of any regular Board meeting or Member meeting<br />
minutes, only the substance of items addressed by each Member shall be included.<br />
2. Unless the matter discussed and any action requested is considered by the Board to be an<br />
"emergency" as defined in NRS 116, or the matter is already included on the established agenda,<br />
the Board will not take any action, but will consider taking action at a future meeting, if it is in the<br />
best interest of the community as a whole.<br />
3. A single page (front and back, 8x 11 inches in size) written document may be submitted at<br />
the speaker's request to be attached to the minutes, unless the document includes libelous,<br />
obscene, seditious or group libelous content. Obscene is defined as offensive under<br />
contemporary community standards or by the average person applying contemporary<br />
community standards.<br />
4. A majority of the full Board of Directors will determine what is defined as offensive, obscene<br />
or seditious in this community as determined by the average person.<br />
5. Not more than 30 days after such meeting, a summary of the meeting minutes shall be made<br />
available to the Members upon request and the Member shall pay the Association for the cost of<br />
providing such copy.<br />
6. Meeting minutes shall not be considered official documents of the Association until approved<br />
by the board at a duly noticed meeting.<br />
Community Standards<br />
Providence Master Homeowners Association<br />
May 2006<br />
15
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
MEETING RULES OF ORDER POLICY<br />
The Board of Directors recognizes the importance of an established, consistent standard for<br />
conducting the meetings and affairs of the Association in order to facilitate orderly and effective<br />
meetings. The Board also recognizes that Robert's Rules of Order, Robert's Rules of Order Newly<br />
Revised, 10th ed. (Cambridge, Mass.: Perseus Publishing, 2000), ("Robert's Rules") is considered<br />
the leading authority with regard to conducting meetings and has therefore adopted this policy.<br />
The conduct of the Meetings of the Association shall be guided by Robert's Rules in all cases to<br />
which they are applicable and in which they are not inconsistent with the governing documents of<br />
the Association or applicable law. Accordingly, as Robert's Rules allows the Board itself to<br />
establish rules for conducting meetings of the Association, the following Meeting Procedures are<br />
hereby established and adopted. All meetings will be conducted using the following format until<br />
otherwise changed by a majority vote of the Board by adoption of a formal resolution.<br />
BOARD OF DIRECTORS MEETINGS<br />
1) In accordance with NRS 116 and the Association's governing documents, at least ten days<br />
prior to any meeting of the Board, notice of the date, time and location thereof shall be<br />
provided to the membership, along with instructions for obtaining a copy of the agenda,<br />
which shall be available five days prior to the meeting.<br />
2) Each agenda shall state that action may be taken on any item included on the published<br />
agenda. Each item will be specific enough to allow members of the Association ("Member")<br />
to know what action may be taken at the meeting.<br />
3) An Open Forum shall be conducted at the beginning of each Board meeting as required by<br />
NRS 116. The time limit for the Open Forum shall be determined by the Board. Any<br />
Member wishing to address the Board shall sign in with name and property address and wait<br />
to be called upon by the Board. All comments shall be addressed only to the Board. No one<br />
may speak for more than three (3) minutes unless an exception is made by a majority<br />
decision of the Board, or another speaker relinquishes his or her time.<br />
4) No action may be taken on Member comments or requests unless the Board considers the<br />
matter an "emergency" as defined in NRS 116, however, the Board may take the matter<br />
under consideration for a future agenda.<br />
5) Before any action at a Board meeting is taken on any agenda item, a motion must be made.<br />
A Board member wishing to make a motion must be recognized by the Chairperson. The<br />
Chairperson for the Association shall be the President, unless otherwise determined in his or<br />
her absence. If the President is not available, the officers will act as Chairperson in the<br />
following order: Vice President, Treasurer and then the Secretary. If none of the officers are<br />
available, the meeting will be postponed and all action delayed until a meeting with a quorum<br />
of the Board can be established and noticed to the Members.<br />
6) All motions require a second prior to discussion of the matter. Without a second, the motion<br />
dies.<br />
7) A majority vote of the Board members present is required to pass the motion.<br />
8) Motions may be amended, tabled to later on the agenda or postponed to a later meeting by<br />
the maker. Each of these actions requires a second and a vote. Amendments must be<br />
voted on before the main motion.<br />
Community Standards 16<br />
Providence Master Homeowners Association<br />
May 2006
RULES OF ORDER POLICY (continued)<br />
9) All motions made during a Board meeting shall be recorded in the minutes according to<br />
applicable Nevada law.<br />
10)Abstentions are counted as absence. Board members will not abstain unless they have a<br />
documented conflict of interest as determined by the rest of the Board. Board members are<br />
responsible for <strong>review</strong>ing materials and being prepared to vote.<br />
11)The minutes of any Board meeting will reflect how each Board member voted as required by<br />
NRS 116.<br />
12)A motion is required to adjourn the meetings. The motion requires a second and cannot be<br />
amended.<br />
MEMBER MEETINGS<br />
1) At the meeting of the membership, time for Members' comments will be shown on the<br />
agenda of the meeting and taken at that time or any other time appropriate for those<br />
comments as determined by the Chairperson.<br />
2) The Chairperson at a Member meeting may be determined by the Board or the Members by<br />
a majority vote.<br />
3) Any Member may make a motion from the floor at a Members' meeting, provided that the<br />
item was properly noticed on the agenda and distributed in accordance with the<br />
requirements of NRS 116.<br />
4) All motions must be seconded before any discussion shall be held thereon. If no second is<br />
received, the motion dies.<br />
5) Discussion will follow the second. Speakers must be recognized by the Chairperson and<br />
each speaker may speak only once, unless approved by those present.<br />
6) A majority of the Members present is required to pass any motion properly before the<br />
membership, unless a higher vote is required by the governing documents or applicable law.<br />
7) Motions may be amended, tabled or postponed by the maker.<br />
8) Amendments must be seconded, discussed and voted on before the main motion.<br />
9) Items may be tabled to later on the agenda with a motion and second. There can be no<br />
discussion on tabling a motion; only a vote may be held thereon. Also, a motion is required<br />
to resurrect a tabled item.<br />
10)If the original motion is changed, the original person making the motion must approve of the<br />
amendment before a second is received and further discussion proceeds.<br />
11)AII motions made during a Member meeting shall be recorded in the minutes according to<br />
Nevada law.<br />
12)A motion is needed to adjourn the meetings. The motion requires a second and cannot be<br />
amended.<br />
Community Standards<br />
Providence Master Homeowners Association<br />
May 2006<br />
17
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
RECORDS ACCESS POLICY<br />
The Nevada Revised Statute 116 (NRS 116), which governs operations of common interest<br />
communities, requires each community Board of Directors (Board) to maintain complete records of all<br />
business, property and financial matters, as well as minutes of all meetings of the <strong>association</strong>. NRS<br />
116.31175 and Article 11 of the Mountain's Edge Master Association (Association) Bylaws provide that<br />
the Owners shall have the right to inspect the books and records of the Association.<br />
Official records of the Association are considered to be only those items <strong>review</strong>ed and acted upon by the<br />
Board of Directors, and not preliminary data or reports which have not been formally approved by the<br />
Board. The following procedure is hereby established for the inspection of the records of the Association:<br />
1. A written request to inspect addressed to the Board of Directors and its duly authorized agent must be<br />
received at least 48 hours prior to the planned inspection. NRS 116 provides that all books and records<br />
of an <strong>association</strong> may be inspected by any owner at any reasonable time during normal business hours.<br />
Every effort will be made to accommodate the time frame requested, subject to the detail of the request<br />
and availability of records in storage.<br />
2. The notice must state specifically which records are to be inspected, in order that such records may<br />
be assembled for inspection.<br />
3. All records shall be inspected at the business office of the Association between the hours of 9:00 a.m.<br />
and 4:00 p.m., Monday through Friday (except holidays). A member of the Board and/or staff shall be<br />
present during inspection.<br />
4. The following records are not available for inspection:<br />
a) Minutes of Executive Sessions and Violation Hearings.<br />
b) Where disclosure would violate a constitutional or statutory provision.<br />
c) Where disclosure could result in harm to the Association or any of its Owners.<br />
d) Personnel records.<br />
e) Inter-office memoranda.<br />
f) Active litigation files.<br />
5. Owners requesting access shall not disrupt the ordinary business activities of the management office<br />
or staff during the course of inspection.<br />
6. No original records may be removed from the office.<br />
7. Certain records of the Association for prior years may be located at remote storage facilities.<br />
Person(s) requesting inspection of such records will be required to reimburse the Association for the cost<br />
of recovery and subsequent re-storage of these records. Additional time to accomplish this may be<br />
required.<br />
8. Owners may request copies of records. Requests must be in writing and requested records itemized<br />
specifically. Copies will be furnished within three (3) business days at cost to the requesting party of<br />
$.15 per copy.<br />
9. The <strong>association</strong> is under no obligation to provide any additional information other than that allowed by<br />
law.<br />
10. The Association may charge up to $10.00 per hour to cover the cost of staff time to assemble the<br />
requested records and oversee the <strong>review</strong> process.<br />
Community Standards 18<br />
Providence Master Homeowners Association<br />
May 2006
BAR ARBOR GLEN<br />
ARCHITECTURAL SUBMITTAL CHECKLIST<br />
Below is a list of items that are required to accompany the application prior to <strong>review</strong> by the Architectural Control<br />
Committee.<br />
Any application requesting the installation of a patio cover must include a legible copy of the approved permit(s) by the<br />
county or city. Submittal of the permit does not guarantee approval by the arc committee. All applications will be <strong>review</strong>ed<br />
on an individual basis.<br />
1. Application<br />
A) Complete homeowner information (address and telephone number).<br />
B) Homeowner signature.<br />
C) Approximate start and completion dates. Start date must be reflect <strong>review</strong> time of 45 days.<br />
D) Projects being submitted.<br />
2. Signed Neighbor Awareness Statement<br />
This statement is to be signed by the "front facing" neighbors--directly across the street; the "side" neighbors--to<br />
the right and to the left; and the "rear" neighbors-- those at the rear of the property--who would be affected by the<br />
construction.<br />
3. Plans Showing the Work to be Done ***Must be reduced to a maximum 11x17***<br />
Detailed drawings showing the height, length, width, color, setback, drainage and what the improvement willlook like<br />
when it is completed. All plants must be set back 3 ft and trees 5ft from any block wall and/or house. All<br />
plants must be set back 3 ft and trees 5ft from any block wall and/or house. Please referencetheProvidence<br />
Master Association approved plant and tree list.<br />
4. Landscape Plans ***Must be reduced to a maximum 11x17***<br />
These plans show a diagram of your house and where the landscaping improvements will be. Indicationof plant and<br />
tree types and location are required. Indication of drainage and setbacks are required.<br />
5. Material Samples<br />
(Example: type of rock to be used, color chip of paint, pictures of gazebo, pools, patio cover and spa should<br />
accompany the plans for the same). A detailed drawing or picture must be submitted. Brochures or pictures of<br />
items are preferred.<br />
6. Bond Requirements<br />
The ARC Committee can require a Cash Bond. The ARC Committee will determine the <strong>design</strong>atedbondor cashbond<br />
amount at the time of <strong>review</strong>ing the submittal. If a bond is required it will need to be received by the Las Vegas<br />
Valley Community Management prior to commencing of any installation of or other work pertainingtolandscapingor<br />
swimming pools or spa or other Improvements on any lot. The Bond is to be held in the name of the Associationnot<br />
Las Vegas Valley Community Management. The bond can be used to make repairs to any damage to any sidewalks,<br />
curb, street, party wall, Common Element, or other areas. If the Bond is insufficient to repair all such damage then<br />
the additional cost, and any related cost, shall be assessed against the Homeowner as a Special Assessment.<br />
THERE IS A 45-DAY APPROVAL PROCESS FROM THE SUB-ASSOCIATION. AT THE TIME THE SUB-<br />
ASSOCIATION APPROVAL, THE ARCHITECTURAL SUBMITTAL WILL BE SENT TO THE MASTER FOR<br />
APPROVAL. YOU MUST RECEIVE APPROVAL FROM PROVIDENCE MASTER ASSOCIATION PRIOR<br />
TO STARTING THE WORK.<br />
Failure to follow these requirements and procedures may cause your request to be delayed pending submission of<br />
additional information and documentation to the Architectural Committee. An incomplete application may affect the time<br />
limits for approval.<br />
BAR ARBOR GLEN HOA<br />
C/O LAS VEGAS VALLEY COMMUNITY MANAGEMENT LLC<br />
PO BOX 750266<br />
LAS VEGAS, NV 89136<br />
Phone (702) 655-7064 Fax (702) 655-7051
BAR ARBOR GLEN ASSOCIATION<br />
HOME IMPROVEMENT APPLICATION<br />
Name:<br />
Address:<br />
Start Date:<br />
Home Phone:<br />
Work Phone:<br />
Finish Date:<br />
Project being submitted:<br />
_____ Landscaping _____Walls _____Patio Cover _____Basketball Hoop<br />
_____ Side _____Side _____Painting _____Air Conditioner<br />
_____ Front _____Front _____Playhouse _____Fence(s)<br />
_____ Back _____Rear _____Awnings _____Gazebo<br />
_____ Trees _____Retaining _____Deck _____Gutter<br />
_____ Green House _____Relocation _____Pool & Equipment _____Satellite Dish Location<br />
_____ Lawn Only _____Extension _____Spa & Equipment<br />
_____Drains (if altering existing grade)<br />
_____Other _______________________________________<br />
Impacted neighbor statement attached<br />
Authorization letter from neighbor (shared property line structure only) ______________________________________<br />
Permit(s) attached (patio cover) _____________________________________________________________________<br />
Are all existing improvements shown on plans<br />
PLEASE FILL IN DETAILS IF NOT SHOWN ON PLANS:<br />
Type of plants:<br />
Type of materials used:<br />
Type of wood surfaces:<br />
Color scheme:<br />
Plans that are approved are not to be considered authorization to change the drainage plan as installed by the developer andapprovedby<br />
Clark County. The <strong>review</strong> is intended to consider aesthetic appearance of the drains, pipes and coring and other applicable aspects of<br />
drainage. Owner may also need to acquire approval from Clark County for permission to encroach within City easement.<br />
▪ I am responsible for any damage to BAR ARBOR GLEN Homeowner Association, (BAR ARBOR GLEN HOA), common area property or<br />
property not owned by BAR ARBOR GLEN HOA but the responsibility of BAR ARBOR GLEN HOA. ▪ I am responsible for all permits, city,<br />
county, federal or other applicable requirements. ▪ Approval by neighbors and adjoining property owners is NOT approval by the ARC.▪<br />
Modification must be COMPLETE within a date specified on the approval. ▪ I am subject to fines if the project is not completed within<br />
specified time or if work is started prior to approval. ▪ Clean-up of any work will be done daily. ▪ I will be responsible for the conduct of all<br />
persons, agents, contractors and employees who are connected with this work. ▪ I agree to hold harmless BAR ARBOR GLEN HOA and<br />
the members of the Board of Directors of BAR ARBOR GLEN HOA of any claims arising from the modifications being made.<br />
________________________________________________________________<br />
Homeowners Signature<br />
Date<br />
For BAR ARBOR GLEN Architectural Committee Use Only<br />
[ ] Approved [ ] Denied [ ] Conditional Approval<br />
Bonded Required:<br />
Comments:<br />
_______________________________________________________________<br />
Signature and Date:__________________________________________________________<br />
BAR ARBOR GLEN HOA<br />
C/O LAS VEGAS VALLEY COMMUNITY MANAGEMENT LLC<br />
PO BOX 750266<br />
LAS VEGAS, NV 89136<br />
Phone (702) 655-7064 Fax (702) 655-7051
BAR ARBOR GLEN<br />
NEIGHBOR AWARENESS STATEMENT<br />
The attached plans for<br />
were made available to all neighbors as required and<br />
noted below for their <strong>review</strong>. They have been notified that I am submitting these plans for Architecturaland<br />
Landscape Control Committee approval.<br />
1. Front Facing Neighbor Acknowledgement Telephone Number________________________<br />
Signature_____________________________<br />
Address_________________________________<br />
Date<br />
2. Front Facing Neighbor Acknowledgement Telephone Number________________________<br />
Signature_____________________________<br />
Address_________________________________<br />
Date<br />
3. Side Neighbor Acknowledgement Telephone Number________________________<br />
Signature_____________________________<br />
Address_________________________________<br />
Date<br />
4. Side Neighbor Acknowledgement Telephone Number________________________<br />
Signature_____________________________<br />
Address_________________________________<br />
Date<br />
5. Rear Neighbor Acknowledgement Telephone Number________________________<br />
Signature_____________________________<br />
Address_________________________________<br />
Date<br />
6. Rear Neighbor Acknowledgement Telephone Number________________________<br />
Signature_____________________________<br />
Address________________________________<br />
Date<br />
HOMEOWNER SIGNATURE<br />
DATE<br />
BAR ARBOR GLEN HOA<br />
C/O LAS VEGAS VALLEY COMMUNITY MANAGEMENT LLC<br />
PO BOX 750266<br />
LAS VEGAS, NV 89136<br />
Phone (702) 655-7064 Fax (702) 655-7051
PROVIDENCE<br />
DESIGN GUIDELINES<br />
MAY 2006<br />
Home Improvement Plans and Requests<br />
Must be submitted to:<br />
Providence Master Homeowners Association<br />
7175 N Durango Dr., Suite 280<br />
Las Vegas, NV 89149<br />
(702) 216-2020 Fax (702) 240-3048
TABLE OF CONTENTS<br />
SECTION I: INTRODUCTION 1<br />
1.1 Purpose 1<br />
1.2 Standards of Review 1<br />
1.3 Amendment of Guidelines 1<br />
1.4 Authority of Design Review Committee (DRC) 1<br />
SECTION II: REVIEW PROCEDURES 2<br />
2.1 Review of Improvements 2<br />
2.2 Review Fee 2<br />
2.3 Plans to be Reviewed 2<br />
2.4 Review Criteria 2<br />
2.5 Variances 2<br />
2.6 Review Period 2<br />
Approved 2<br />
Disapproved 2<br />
2.7 Appeal 3<br />
SECTION III: IMPLEMENTATION OF APPROVED PLANS 3<br />
3.1 All work must conform to approved plans 3<br />
3.2 Time to Commence 3<br />
3.3 Time to Complete 3<br />
3.4 Inspections 3<br />
3.5 Contractor Related Matters 3<br />
Work Hours/Days 4<br />
Materials/EquipmentlVehicleslParking 4<br />
Conduct 4<br />
Damage 4<br />
SECTION IV: ARCHITECTURAL AND DESIGN STANDARDS 4<br />
4.1 Prohibited Items 4<br />
4.2 Type I Review Guidelines 5<br />
Antenna 5<br />
Awnings 5<br />
Barbecues 5<br />
Concrete Work/CurbinglWalkways/Pavers 5<br />
Doors 5<br />
Flagpoles 5<br />
Fountains 5<br />
Greenhouse Windows 5<br />
Gutters and Downspouts 5<br />
Lampposts/Ambient Lighting 5<br />
Landscaping 5<br />
Landscape Accessory Features 6<br />
Painting 6<br />
Playsets/swingsets, etc 6<br />
Retracting Screens 6<br />
Rolladen Shutters 6<br />
ii
Roofing Material 6<br />
Satellite Receivers 6<br />
Signage 6<br />
Solar Equipment 6<br />
Stone Veneer 6<br />
Windows 7<br />
4.3 Type II Review Guidelines 7<br />
Fencing 7<br />
Fireplace/Fire pit 7<br />
Gates 7<br />
Patios/Decks/Patio Covers 7<br />
Pools/Spas/Water Features 7<br />
Ramadas/Gazebos 8<br />
Sports/Play Equipment 8<br />
Walls 8<br />
Wrought Iron Fencing 8<br />
4.4 Landscape Design Guidelines 9<br />
Prohibited Plant List 9<br />
Ground Cover 9<br />
Boulders 9<br />
Grass Turf 9<br />
Synthetic Turf 9<br />
Hardscape 9<br />
Irrigation 10<br />
Trees & Shrubs 10<br />
Vines & Trellises 10<br />
4.5 SETBACKS 10<br />
SECTION V: SUBMITTAL PROCESS 10<br />
5.1 Form and Fees 10<br />
5.2 Plans and Samples 10<br />
5.3 Response Time 10<br />
Glossary of Commonly Used Terms 11<br />
Association 11<br />
Board of Directors 11<br />
Bylaws 11<br />
CC&R's 11<br />
Commercial Vehicles 11<br />
Common Element 11<br />
Community 11<br />
Community Standards 11<br />
Contractors 11<br />
Declarant 12<br />
DRC 12<br />
Design Guidelines 12<br />
Dwelling 12<br />
Governing Documents 12<br />
Guests, Invitees 12<br />
iii
Improvement 12<br />
Invitees 12<br />
Lot 12<br />
Management 13<br />
Master Plan 13<br />
Member 13<br />
Neighborhood 13<br />
Owners 13<br />
Participating Builder 13<br />
Residents 13<br />
Resolution 13<br />
Rules and Regulations 13<br />
Sub-Association 13<br />
Tenants 13<br />
Unit 13<br />
APPROVED PLANT LIST 14<br />
Trees 14<br />
Shrubs 14<br />
Groundcovers 16<br />
Vines 16<br />
DESIGN REVIEW SUBMITTAL PROCEDURES 18<br />
DESIGN REVIEW APPLICATION 19<br />
iv
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
DESIGN GUIDELINES<br />
SECTION I: INTRODUCTION<br />
1.1 Purpose: The intent of the Providence Master Homeowners Association (PMHA) Design Guidelines is to maintain<br />
a visually appealing living environment while encouraging <strong>design</strong> creativity within a consistent framework in order to<br />
preserve Community property values. The standards established for <strong>design</strong>, style, materials, colors and location of site<br />
improvements, landscaping, and signage are intended to accomplish this purpose. The process for <strong>review</strong>ing proposed<br />
modifications ensures that all projects are developed with the consistency and quality that will maintain this common<br />
goal.<br />
1.2 Standards of Review: The standards and procedures set forth in these Design Guidelines are intended as a<br />
mechanism for maintaining and enhancing the overall architectural aesthetics, as well as controlling water usage,<br />
planting zones, types of plants, etc. throughout the Community. In cooperation with the Southern Nevada Water<br />
Authority, the PMHA Design Guidelines promote the use of drought tolerant plants and water saving landscape <strong>design</strong><br />
throughout the Community. Review and approval of any application is made on the basis of the above-mentioned<br />
considerations. The Association shall not bear any responsibility for ensuring (a) structural integrity or soundness of<br />
approved construction or modifications; (b) compliance with building codes and other governmental requirement; (c)<br />
conformity of quality, value, size or <strong>design</strong> with other improvements in the community; or (d) the continued quality of<br />
appearance of improvements over time. In order to maintain the ambiance and quality of the Common Element<br />
parks, paseos and open areas of the Community, special attention and care shall be paid to Improvements on<br />
all Lots and Dwellings adjacent to the Common Elements. Such Improvements shall be held to stricter<br />
standards of <strong>review</strong>.<br />
1.3 Amendment of Guidelines: These Design Guidelines may be changed and amended to serve the needs of an<br />
evolving community pursuant to the procedures set forth in the CC&R's. Such amendments shall be disseminated to the<br />
Owners thirty days prior to implementation, as required by state law.<br />
1.4 Authority of Design Review Committee (DRC): These Design Guidelines govern all property under the CC&R's.<br />
They shall not apply to initial construction of improvements by the Declarant. The rights reserved for the Declarant<br />
under Article 4 of the CC&R's shall continue so long as Declarant owns any portion of the Community or any real<br />
property adjacent to the Community, unless earlier terminated in a written, recorded instrument executed by the<br />
Declarant.<br />
Unless otherwise specifically stated in these Design Guidelines, no additional landscape (other than that installed in the<br />
front yards by the participating builders) may be installed upon any Lot, and no modifications (including staking, clearing,<br />
excavation, grading and other site work, construction of an improvement, exterior alteration of existing improvements,<br />
and planting or removal of landscaping materials), or placement or posting of anything (hereinafter collectively referred<br />
to as "Improvements") shall take place without receiving the prior written approval of the Design Review Committee<br />
(DRC) as defined in Article 4 of the CC&R's.<br />
NOTE: Owners are responsible for compliance with all standards and procedures in these Design Guidelines. Pursuant<br />
to the requirements and restrictions set forth in the CC&R's and any applicable supplement thereto, Owners are<br />
responsible for the actions of their contractors, and any subcontractors, agents, or employees.<br />
1
SECTION II: REVIEW PROCEDURES<br />
2.1 Review of Improvements: An application for <strong>review</strong> of a proposed Improvement shall be submitted to the DRC.<br />
An application for <strong>review</strong> shall be signed by the Owner or agent of the Owner and, as set forth below, may require a<br />
reasonable fee for <strong>review</strong> (a "Review Fee").<br />
Note: Within 180 days of close of escrow, all front and side yards and additionally, the rear yards of Lots abutting any<br />
paseo, pocket park or other Common Element (as noted in Article 3.4(q) of the CC&R's) must be installed, after plan<br />
<strong>review</strong> by the DRC.<br />
2.2 Review Fee: A reasonable fee shall be charged for <strong>review</strong> of all proposed Improvement plans, as noted in Section<br />
V, Submittal Process. In addition, if the submitted plans are of such complexity that additional <strong>review</strong> by an architectural<br />
or landscape expert is warranted, the fee charged by such expert shall be the responsibility of the homeowner. Review<br />
Fees shall be subject to change as determined necessary by the DRC in order to cover the Association's expense for<br />
processing, copying and mailing.<br />
2.3 Plans to be Reviewed: The plans and specifications shall include any or all of the following, as deemed applicable<br />
to the nature of the request: site plans (showing location of existing dwelling and all improvements, equipment,<br />
structures, etc.), floor plans (if required for clarification), exterior elevations, roof plan, building sections, landscaping and<br />
irrigation plan, pool/water feature plans showing overall <strong>design</strong> as well as placement of equipment, and wall or fencing<br />
plans. Color palette and material samples may also be required. Refer to Section V, Submittal Process.<br />
2.4 Review Criteria: While the Design Guidelines are intended to provide a framework for Improvements, they are not<br />
all-inclusive. In its <strong>review</strong> process, the DRC may consider:<br />
• The quality of workmanship and <strong>design</strong>.<br />
• The harmony of external <strong>design</strong> with existing structures and Dwellings.<br />
• The location in relation to surrounding structures and Dwellings.<br />
• The topography or finish grade elevation.<br />
The Improvement will not detract from the beauty and attractiveness of the Common Elements or enjoyment thereof by<br />
the Owners, and upkeep and maintenance will not become a burden on the Association. The Improvement will not<br />
unreasonably interfere with existing views from other Dwellings. DRC decisions may be based only on aesthetics.<br />
2.5 Variances: The DRC shall not grant approval for proposed Improvements that are inconsistent with the Design<br />
Guidelines, unless a variance is warranted. Variances may be considered for unique circumstances such as<br />
topography, natural obstructions, hardship, or environmental consideration. Variances cannot be contrary to the<br />
Declaration. No variance shall be effective unless in writing and signed by the DRC, with the support of a majority of the<br />
committee members; provided however that the DRC may not authorize variances without the written consent of the<br />
Declarant during the Declarant Control Period. The DRC may require written approval from adjacent or impacted<br />
Owners before granting a variance.<br />
2.6 Review Period: Each Application for Review shall be approved or disapproved within 45 days of submission of a<br />
completed application and all supporting materials required by the DRC. The DRC shall provide its decision in writing to<br />
the Owner. The decision of the DRC shall be final on all matters, subject to the Declarant's veto right. The Declarant<br />
shall have ten days from receipt of notice of DRC approval to veto such approval. The DRC's written decision shall be<br />
rendered as follows:<br />
Approved - The entire application as submitted is approved in total.<br />
Disapproved - The entire application, or some portion thereof, has been rejected. The DRC will provide written<br />
comments regarding remedies to the rejection. No work may commence until the plan has been<br />
resubmitted, <strong>review</strong>ed and approved by the DRC.<br />
2
2.7 Appeal: Owners shall have the right to appeal a decision of the DRC by resubmitting the information and<br />
documents specified above. However, such appeal shall be considered only if the Owner has modified the proposed<br />
Improvement or has new information which would, in the DRC's opinion, warrant reconsideration. If the DRC does not<br />
allow an appeal or if the DRC, after appeal, again rejects the plan, the Owner may then appeal the matter to the Board of<br />
Directors for final disposition. Requests for Board <strong>review</strong> must be in writing and shall be considered at regularly<br />
scheduled Board meetings. Requests for Board approval must be delivered to the Association Management at least 15<br />
days prior to a regularly scheduled Board meeting in order to be included on the meeting agenda.<br />
In the case of a disapproval and re-submittal, the DRC shall have 15 days from the date of receipt of the re-submittal to<br />
approve or disapprove any re-submittal. The filing of an appeal does not extend any maximum time period for the<br />
completion of any Improvement.<br />
SECTION III: IMPLEMENTATION OF APPROVED PLANS:<br />
3.1 All work must conform to approved plans: If it is determined that work completed or in progress is not in<br />
compliance with these Design Guidelines or any approval issued by the DRC, the Owner shall be notified in writing of<br />
such noncompliance, specifying in reasonable detail the particulars of noncompliance and requiring the Owner to<br />
remedy the same. Said notice may be accompanied by a cease and desist order, stopping all activity until the<br />
noncompliance is remedied.<br />
If the Owner fails to respond to the notice or remedy such noncompliance, or fails to commence and continue diligently<br />
toward achieving compliance within ten days of receipt of the notice, then such noncompliance shall be deemed to be in<br />
violation of the CC&R's and these Design Guidelines. In such case, the DRC, the Board or the Declarant, whichever is<br />
appropriate, shall notify the Owner that it may take action to remove the non-complying Improvements and/or seek<br />
injunctive relief, recovery of costs incurred (including any legal costs incurred by the Association or Declarant), and may<br />
impose a fine, which fine shall not exceed the amount allowed by law.<br />
3.2 Time to Commence:<br />
• Please Note the 180 day landscape installation requirement in Section 2.1.<br />
• Except as otherwise specifically set forth herein, if construction does not commence on a project for which plans<br />
have been approved within 120 days of such approval, such approval shall be deemed withdrawn, and it shall<br />
be necessary for the Owner to resubmit the plans to the DRC for reconsideration.<br />
3.3 Time to Complete: Once construction has commenced, it shall be completed within 180 days of commencement,<br />
unless otherwise specified in the approval or extended in writing by the DRC. If not completed within the specified time,<br />
the project shall be deemed in noncompliance and subject to enforcement action.<br />
3.4 Inspections: As deemed necessary by the DRC, periodic inspections of the work in progress may be conducted to<br />
ensure adherence to the approved plan. Upon completion of the project, the DRC or its appointed representative may<br />
conduct an inspection of the Improvement to verify compliance with the approved plan and these Design Guidelines.<br />
3.5 Contractor Related Matters: "Construction Regulations" are hereby established to preserve and maintain the quiet<br />
enjoyment of the Community, to maintain aesthetics and ensure safety for the Community and to provide reasonable<br />
access and controls for construction activity in order to reasonably minimize inconveniences associated with<br />
construction for all Owners and their guests.<br />
As stated in Section 1.4 above, Owners are fully responsible for the actions of their contractors and any subcontractors,<br />
agents or employees thereof.<br />
3
3.5 Contractor Related Matters (continued):<br />
Work Hours/Days – All work is limited to the following hours:<br />
Monday-Friday 7:00 a.m. to 6:00 p.m.<br />
Saturday<br />
8:00 a.m. to 6:00 p.m.<br />
NO work will be permitted on Sundays or the following Holidays:<br />
New Year's Day Memorial Day Independence Day<br />
Labor Day Thanksgiving Day Christmas Day<br />
Materials/Equipment/Vehicles/Parking: Equipment and materials not in daily use shall not be stored on the site. No<br />
materials or equipment shall be left in the streets without proper safety precautions and marking with caution tape, cones<br />
and/or barricades. Construction and crew vehicles must obey all common courtesy traffic and safety rules, including not<br />
blocking driveways, mailboxes, fire hydrants or impeding traffic on streets or sidewalks.<br />
Conduct: Offensive behavior or language and loud activity or music will not be tolerated. Animals, alcohol, drugs and<br />
firearms are not permitted. Violators will be required to leave and may be trespassed from the property entirely.<br />
Damage: Damage to any of the Common Elements or neighboring residences will be the responsibility of the Owner,<br />
who will be required to pay for any necessary repairs or replacements.<br />
Violations of these Construction Regulations may result, after Notice and Hearing, in a fine being levied upon the Owner<br />
employing the Contractor involved.<br />
SECTION IV: ARCHITECTURAL AND DESIGN STANDARDS<br />
4.1 Prohibited Items: The following items/installations are prohibited in the community:<br />
• Aluminum patio covers ("Aluma-wood" product is allowed).<br />
• Basketball backboards installed on the residence.<br />
• Clotheslines.<br />
• Drainage alteration to any Lot or Common Element.<br />
• Fencing of wood, glass, metal, wire or chain link (See Section 4.3, Type II Review Guidelines, Fencing).<br />
• Garage conversions for residential or commercial use.<br />
• Ground cover of: wood chips, red lava rock, white rock or gray river rock.<br />
• Mirrored window tint or tin foil.<br />
• Mobile or manufactured homes.<br />
• Palm trees (see Providence Approved Plant List attached hereto).<br />
• The use of turf grass in the front yard of any Dwelling.<br />
• Roof mounted HVAC or evaporative cooling units.<br />
• Roofing of wood shake, fiberglass or simulated tile.<br />
• Solar or Satellite Dish receiver installation on front plane of the residence (See Section 4.2, Type I Review<br />
Guidelines, Satellite Receivers).<br />
• Storage buildings or sheds visible to any street or Common Element.<br />
• Tents (except those used for temporary events).<br />
4
4.2 Type I Review Guidelines: The following items require prior <strong>review</strong> and approval by the DRC or its representative.<br />
No fee will be charged for the <strong>review</strong> of these minor items, unless unusual circumstances require further <strong>review</strong> by a<br />
professional consultant.<br />
Antenna — All antennae are restricted to the attic or interior of the Dwelling (See Section 4.2, Type I Review<br />
Guidelines, Satellite Receivers).<br />
Awnings — Awnings must be of durable construction to handle local winds and must compliment the color of the<br />
Dwelling.<br />
Barbecues — Portable barbecues do not require approval but must be stored out of view from the street or<br />
Common Elements. Constructed barbecue structures must meet all structure setback requirements (See<br />
Section 4.5, Setbacks). Complex barbecue structures may be referred for professional <strong>review</strong> as necessary.<br />
Concrete Work/Curbing/Walkways/Payers — Minor changes and additions of various types of concrete work,<br />
including stamping, staining and installation of paving stones, requires <strong>review</strong> of a site plan showing location,<br />
type and style of material and colors to be used. Style and colors must harmonize with the Dwelling (See<br />
Section 4.5 Setbacks). More complex plans will require a Review Fee.<br />
Doors:<br />
• Arcadia/French Doors — Must harmonize aesthetically with the Dwelling.<br />
• Front Doors - May be changed or modified, harmonizing aesthetically with the front of the Dwelling.<br />
• Security/Screen Doors — May be added and must match main or trim color of Dwelling.<br />
Flagpoles — The United States flag may be displayed on a portable pole attached to the Dwelling. One free<br />
standing flagpole will be allowed in the rear yard of the Lot. Installation shall be a minimum of ten (10) feet from<br />
any property line. Height of the pole from grade level of the Lot shall not exceed twenty (20) feet. Lines and<br />
metal clips shall be shrouded or tied in a manner that will eliminate noise caused by being windblown. Only the<br />
United States flag shall be displayed on the pole and the size of the flag shall not exceed four (4) feet by six (6)<br />
feet in dimension. If lighting is installed, all due care must be taken to use a fixture and bulb wattage that will not<br />
cause a nuisance to neighboring Lots. Minimum setback requirement is ten (10) feet from any property line.<br />
Fountains — Manufactured "plug-in" fountains may be installed in front yards, courtyards or rear yards, with a<br />
minimum setback of five (5) feet from any property line and three (3) feet from any structure. For larger<br />
constructed structures, refer to "Water Features" below.<br />
Greenhouse Windows — Greenhouse windows shall not project beyond Dwelling eaves and must match<br />
existing window trim.<br />
Gutters and Downspouts — Gutters and Downspouts must match main Dwelling or trim color.<br />
Lampposts/Ambient Lighting — Fixtures must harmonize with the Dwelling and all due care must be taken to<br />
avoid light nuisance to neighboring Lots. The maximum height for lampposts is five (5) feet.<br />
Landscaping — Refer to Landscape Section 4.4 of these Design Guidelines for details on installations.<br />
Minor landscape changes, including replacement of existing plants with like material and seasonal color<br />
changes do not require prior <strong>review</strong>.<br />
5
4.2 Type I Review Guidelines (continued)<br />
Landscape Accessory Features — These items do not require <strong>review</strong>. They include, but are not limited to<br />
benches, birdbaths, birdhouses, pottery, statues and various other types of lawn art. Accessories located in the<br />
front yard or in the rear yard of a Lot adjacent to Common Element open space shall be limited in height to thirty<br />
(30) inches and must be placed at least ten (10) feet from any property line. They are limited to five (5) in<br />
number of separate pieces and must also harmonize with the aesthetics of the Community. Items reported by<br />
residents shall be subject to <strong>review</strong> by the DRC.<br />
Painting — No approval is required to repaint the Dwelling or block fencing in accordance with the original color<br />
scheme. Any other painting requires approval. The type of paint and colors used in repainting shall be from<br />
the color palette used at the time of initial construction. Wrought iron perimeter fencing and gates must be<br />
painted to match original color and type of paint. All other decorative wrought iron should be painted to match<br />
the Dwelling color scheme and must be maintained to avoid rust damage.<br />
Playsets/swingsets, etc. — See Section 4.2, Type II Review Guidelines, Sports/Play Equipment.<br />
Retracting Screens — Retracting screens may be used on windows or patio covers and must harmonize with<br />
Dwelling color.<br />
Rolladen Shutters — Rolladen Shutters must be painted to match the Dwelling.<br />
Roofing Material — Repair, replacement or new installations of any roofing material shall be of the same<br />
material and color as originally installed. Only new installations of roofing material, and not repair or<br />
replacement of roofing material with substantially the same product, require DRC approval.<br />
Satellite Receivers — Prior <strong>review</strong> of Satellite Receivers allows for proper placement that will not conflict with<br />
signal reception or Community aesthetics. Each Dwelling is limited to one Dish Satellite Receiver unit per Lot.<br />
Unit size is limited to one (1) meter maximum. Consideration of location and screening from Common Element<br />
and neighboring Lots is critical to avoiding problems. Units may be mounted on a pole not to exceed sixty (60)<br />
inches in height in the rear or side yard of the Dwelling. They may also be mounted on the rear or side wall of<br />
the Dwelling and must not extend above the eave of the Dwelling. If possible, the Dish Satellite Receiver should<br />
be painted to match the Dwelling. In all cases, any cabling or connecting lines shall be secured to the Dwelling<br />
and painted to match. Installation of dish units in the front yard or on the front of a Dwelling will not be permitted<br />
unless signal testing proves that is the only functional location.<br />
Signage — Prior <strong>review</strong> and approval of signs is not required. One small warning sign (maximum 9x12") for<br />
each of the following uses is permissible: security, neighborhood watch, "no soliciting" or "beware of dog". One<br />
"For Sale/Rent" sign per Dwelling is allowed and a reasonable number of political signs during elections are<br />
acceptable. Signage placed on any Common Element will not be tolerated. Please refer to the Community<br />
Rules for details on regulation of signage. No contractor signage during home improvement installations<br />
will be allowed.<br />
Solar Equipment — the <strong>design</strong> of solar equipment should be integrated into existing roof colors. The impact on<br />
view from neighboring Lots and Common Elements will be considered. Installation on the front plane of any<br />
Dwelling will not be permitted. All connections and plumbing attached to the Dwelling shall be painted to match.<br />
Stone Veneer — Any stone veneer must match color, style and quality of existing stone used in the Community.<br />
6
4.2 Type I Review Guidelines (continued)<br />
Windows — Windows may be replaced or added but must match those in the existing Dwelling.<br />
• Screens — Mesh solar screens are permitted in the following colors: tan, sand, beige, bronze, and<br />
charcoal grey. The frame must match window trim color.<br />
• Tint — Bronze or grey is permitted. No reflective or mirror tint will be allowed.<br />
• Stained Glass — Decorative stained glass accent windows and doors are permitted.<br />
• Window Coverings — Temporary window coverings of white sheets, paper or temporary blinds are<br />
permitted without prior approval. Tin foil is not allowed in any window.<br />
4.3 Type II Review Guidelines - The following Guidelines are for more complex Improvements that require adherence<br />
to more specific restrictions as well as submittal of detailed plans and samples. Review of these Improvements shall<br />
require a Review Fee and may require an additional fee for <strong>review</strong> by a professional consultant.<br />
Specific attention should be paid to Section 4.5, Setbacks, for these submittals.<br />
Fencing — Only two types of fencing are allowed in the community: (1) Wrought Iron fencing and (2) Split-face or<br />
color stucco block walls. Specific guidelines for these types are noted below.<br />
Fireplace/Fire pit — Exterior fireplaces shall not exceed ten (10) feet in height and shall harmonize with the<br />
aesthetics of the Dwelling. Installation of any fireplace or fire pit shall be five (5) feet from any structure.<br />
Gates — All gates must be wrought iron to match existing within the Community — with minimum 5/8 inch pickets<br />
set four (4) inches on center. Maximum gate height shall be six (6) feet. Gates may be screened with metal<br />
mesh to match gate color. Wrought iron color must harmonize with color of the Dwelling. Double gates for<br />
vehicle access will be considered on a case by case basis, depending on size and location of the Lot. All double<br />
gates must be completely screened with metal mesh. Use of any type of wood for gates or fences is not<br />
permissible.<br />
Patios/Decks/Patio Covers — Patio/Deck surfaces may be constructed of concrete, stamped concrete, paving<br />
stones, flagstone or tile, and must harmonize with the Dwelling. Wood decking, posts or railing is not<br />
permissible. Patio Covers may be solid or lattice. Solid covers must match the roofing material of the Dwelling.<br />
Solid patio covers will not be permitted on the front of the Dwelling. Lattice covers may be installed in<br />
courtyards, subject to <strong>review</strong> and setback requirements. Paint must match the Dwelling color scheme or may be<br />
white. Posts must be a minimum of 4"x4" in size, constructed of "alumawood", stone or stuccoed block.<br />
Decorative wrought iron supports harmonizing in color and <strong>design</strong> with the Dwelling are acceptable.<br />
Pools/Spas!Water Features — All pools, spas and water features shall be <strong>design</strong>ed and constructed so as to<br />
minimize impact on adjoining properties with light and sound. No portion of the walls, hardscape or raised bond<br />
beams shall exceed 30" in height as measured from the pad grade of the Lot. Pools must be in-ground; spas<br />
and water features may be in-ground, partially in-ground or above ground. If spas or water features are above<br />
ground, they must be painted to match the color scheme of the Dwelling. The height of a spa cannot exceed 48"<br />
from pad grade level. Heaters and pumps must be installed in side yards, screened from neighboring views.<br />
Slides, waterfalls or water features cannot exceed five feet in height from pad grade.<br />
Note: Construction access shall ONLY be through the front property wall of the Lot. No access shall be<br />
granted through any wall or fence adjacent to any section of the Common Elements, including the parks,<br />
paseos and other landscaped Common Element lots.<br />
7
4.3 Type II Review Guidelines (continued)<br />
Ramadas/Gazebos/Palapas - Ramadas, gazebos or palapas must be permanent structures constructed to<br />
harmonize with the main Dwelling. They must meet all setbacks as noted in Section 4.5 and cannot exceed<br />
fourteen (14) feet in height. Roofing material must be as noted for patio covers. No canvas or redwood<br />
structures will be permitted. Any lighting features must be <strong>design</strong>ed to harmonize with the main Dwelling and<br />
not cause interference or nuisance to surrounding properties.<br />
Sports/Play Equipment — All types of sports and play equipment (including swing sets) require prior <strong>review</strong> of<br />
type, style, color and placement. Consideration must be given regarding nuisance to all neighboring and<br />
Common Element lots. No portion of any play structure shall be approved that is greater than ten (10) feet in<br />
total overall height. The maximum platform height cannot exceed six (6) feet. Blue, green or neutral colors will<br />
be considered for any canopy that exceeds the six (6) foot height.<br />
Basketball hoops cannot be mounted onto the Dwelling. Submittals for permanent hoops installed on poles in<br />
the rear yard of a Dwelling will be considered under the above criteria. Portable basketball hoops will be<br />
permitted and do not require prior <strong>review</strong>. Pursuant to City and County code, portable basketball hoops cannot<br />
be used in the public streets. All such portable equipment must be stored out of sight in the garage or rear yard<br />
when not in use.<br />
Sports courts will be considered on a case by case basis with consideration given to noise and light nuisance to<br />
surrounding Lots. All sports/play equipment or courts shall be installed a minimum of ten (10) feet from any<br />
property wall. All installations and equipment shall be well maintained and in good repair.<br />
Walls - No structural alterations, changes, attachments or additions shall be allowed to walls constructed<br />
adjacent to any Common Element.<br />
• Walls may be constructed of split-face block, painted stucco or integral color stucco on concrete block.<br />
Unpainted block, chain link, wire and wood are not permissible. Additional walls on any property must<br />
match the style of wall used within that neighborhood.<br />
• New construction or alterations to walls placed on property lines shall require prior written approval from<br />
the neighboring Lot Owner, which shall not be unreasonably withheld or delayed.<br />
• Maximum height for perimeter property walls is six (6) feet.<br />
• Courtyard walls must be set back a minimum of five (5) feet from front or side property lines and cannot<br />
exceed 32" in height.<br />
• Walls on corner lots must not encroach on County required sight visibility easements.<br />
• Retaining walls must meet city building codes requiring damp-proofing and weep holes.<br />
• No construction or alteration may interfere with or alter drainage grades in any manner.<br />
Wrought Iron Fencing — All wrought iron fencing installations must match existing Community fencing in<br />
<strong>design</strong>, with minimum 5/8 inch pickets set four (4) inches on center. Color shall harmonize with the Dwelling's<br />
color scheme. If the Lot is adjacent to a Common Element view fence, any new fencing must be painted to<br />
match existing type and color of paint. Maximum fence height is six (6) feet.<br />
8
4.4 Landscape Design Guidelines — The Providence landscape concept reinforces the overall community theme<br />
through an informal planting palette and <strong>design</strong> based on a community water conservation effort. Providence is striving<br />
to be conscious of the water conservation concerns of the Las Vegas Valley. Included in these Design Guidelines is an<br />
Approved Plant List based on the Nevada Water Smart Landscape Program.<br />
Prohibited Plant List — The following plants are not allowed under any circumstances:<br />
• Baccharis sarothroides/Desert Broom.<br />
• Bermuda Grass/Cynodon Dactylon.<br />
• Common Olive (fruit bearing)/olea europea.<br />
• Cottonwood.<br />
• Green Fountain Grass/Pennisetum sectaceum.<br />
• Mulberry/Morus alba.<br />
• Palm Trees of all varieties.<br />
• Tamarisk/Tamrix spp.<br />
In addition, artificial plants may not be installed in-ground, but are allowed in pots.<br />
Ground Cover — The ground surface of all yards must be covered in total with a combination of inert and living<br />
materials. NO BARE GROUND IS ALLOWED.<br />
Inert materials, which must be of a type that is impervious to water degradation, may include:<br />
• Decomposed granite, 1/4" minus in size.<br />
• Crushed rock sized 3/8 inch to 3 inches — installed at a minimum of 2-3 inches deep.<br />
• Native rock up to six inches in size, used as cobble accent or riverbed (NO gray river rock).<br />
• Colors must be pre-approved tan, gold, rose or rainbow colors which are compatible with the<br />
surrounding native area.<br />
All rock mulches must be those which do not decompose when exposed to water and are compatible with the<br />
natural environment. No artificially colored rock, sandstone, red lava rock or wood chips will be allowed as<br />
mulch ground cover.<br />
Boulders — Use of landscape boulders is encouraged. They should be installed securely so that a minimum of<br />
1/3 of the mass is below grade and extend no more than thirty (30) inches above grade.<br />
Grass Turf — Use of turf grass is prohibited in the front yard area. Turf is limited to 40% of rear yard area. All<br />
turf must be installed at a minimum of three (3) feet from all property walls and fences, in order to minimize<br />
water staining and damage. Common Bermuda grass is prohibited<br />
Synthetic Turf — Synthetic turf installation is allowed as long as the product meets minimum established<br />
requirements for quality and durability. "Astroturf' is not permissible. Synthetic turf should not exceed 75% of<br />
yard area.<br />
Hardscape — Use of concrete, tile and stone accents for decks and patios, walkways, curbing and planter walls<br />
is encouraged to enhance landscape <strong>design</strong>. If colored materials are used, they must harmonize with the<br />
Dwelling and surrounding structures. Use of hardscape is limited to 20% of the area of the Lot. Pool decking is<br />
not included in this limitation.<br />
9
4.4 Landscape Design Guidelines (continued)<br />
Irrigation — Use of overhead sprays is limited to turf areas only and not allowed in planter beds. Every effort<br />
must be made to keep overspray off property walls and out of the streets. The area within three (3) feet of any<br />
property wall is limited to planter installation with drip irrigation only.<br />
Sight Visibility - Landscaping on corner lots must not encroach on City required sight visibility easements.<br />
Trees & Shrubs — Care must be taken in the placement of trees and shrubs to avoid creating a maintenance<br />
nuisance or view restriction for surrounding Lots and any adjacent Common Elements, such as parks and<br />
paseos. A list of recommended trees and shrubs that flourish well in the desert environment is included with<br />
these Design Guidelines. Minimum recommended planting in side and rear yards is two trees — 15 gallon to 24<br />
inch box in size — along with 15 one-gallon and 15 five-gallon shrubs. Drip irrigation only is allowed for all trees<br />
and shrubs. Trees must be planted a minimum of three (3) feet from any structure or property wall. Root<br />
barriers for trees within ten feet of any property line or structure are recommended.<br />
Vines & Trellises — It is recommended that vines be attached to walls with metal fasteners and wire. If wood<br />
trellises are used, they must be painted to match the wall they are adjacent to. They must be secured from<br />
damage by blowing wind and kept in good repair.<br />
Note: Professional assistance for <strong>design</strong>, selection and installation of landscape in this arid desert environment<br />
is highly recommended and will result in the most cost effective and maintenance efficient yard usage.<br />
4.5 Setbacks — Setback minimums are <strong>design</strong>ed to meet building and safety codes, as well as to minimize intrusion<br />
and nuisance issues between properties and along the Community paseos, parks and open spaces.<br />
Front — Measured from the back of the sidewalk, or from the back of the curb if there is no sidewalk.<br />
Minimum of five (5) feet for any tree or decorative fencing.<br />
Minimum of ten (10) feet for patio deck, cover or courtyard wall.<br />
Side — Minimum of three (3) feet from the side property line for any tree, decking or walkway.<br />
Minimum of five (5) feet for any structure, such as a patio cover, palapa or gazebo.<br />
Minimum of ten (10) feet for any play structure or sports equipment installation.<br />
Rear — Minimum of ten (10) feet from the rear property line for any patio cover, accessory structure, play<br />
structure or sports court. Minimum of three (3) feet for any tree, pool or spa installation.<br />
SECTION V: SUBMITTAL PROCESS<br />
5.1 Form and Fees — A completed "Submittal Form" with owner contact information must accompany each<br />
"Improvement Submittal". Fees for Section 4.2 Type I Review will be waived, unless the plans require <strong>review</strong> by an<br />
expert. Fees for Section 4.3 Type II Review are noted on the "Submittal Instructions" form. Additional fees may be<br />
charged if complexity of plans requires expert <strong>review</strong>. Fees are subject to change as deemed necessary by the DRC.<br />
5.2 Plans and Samples — A complete set of installation plans, showing the Lot, footprint of the Dwelling and all required<br />
setback measurements, as well as the location of the planned Improvement, is required. Color samples of hardscape,<br />
concrete, rock, tile, etc. are required. Pictures are preferred to physical samples. Catalog sheets showing <strong>design</strong> of<br />
equipment, lighting, etc. and any other items depicting the character and intent of the Improvement will accelerate the<br />
<strong>review</strong> process.<br />
5.3 Response Time — Each Improvement Submittal will be <strong>review</strong>ed by Association staff for completeness. Complete<br />
Submittal Forms will be date stamped and referred to the DRC. Within forty-five (45) days of receipt of a complete<br />
Submittal, a written response will be provided to the Owner. Conditional approvals will not be given. Instead, the<br />
Submittal will be returned with comments noting areas needing clarification and requiring re-submittal for an approval.<br />
10
Glossary of Commonly Used Terms<br />
These terms are being provided to aid and assist Owners and Residents in understanding and<br />
interpreting the Governing Documents of the Association. These terms are taken from all of the<br />
Governing Documents as a whole and may not necessarily be found in these Community<br />
Standards. The definitions are written in laymen's terms for the benefit of Owners and Residents<br />
and are not intended to be legal definitions. Owners and Residents are urged to refer to the<br />
Governing Documents for the actual legal term definitions. All capitalized terms are defined in this<br />
Glossary.<br />
Association — Providence Master Homeowners Association, a Nevada nonprofit corporation<br />
established to conduct the business, maintenance and governance responsibilities for the<br />
Community as a whole.<br />
Board of Directors (Board) — Initially appointed by the Declarant and eventually elected by the<br />
Owners, this is the corporate head of the Association, responsible for all business, maintenance<br />
and governance operations.<br />
Bylaws — The Bylaws of the Association as created by the Declarant and as may be amended from<br />
time to time, establish the business procedures of the Board of Directors and the Association.<br />
CC&R's — The Master Declaration of Covenants, Conditions and Restrictions and Reservation of<br />
Easements for the Community, as recorded with Clark County, Nevada, and as may be amended<br />
from time to time. This document addresses the rights and responsibilities of the Declarant, the<br />
Association and the Owners with respect to the Community.<br />
Commercial Vehicles — Any vehicle regularly used for business transportation and/or displaying<br />
any type of wording or signage, including, without limitation, dump trucks, cement mixers, oil or gas<br />
delivery trucks, and flatbed trucks.<br />
Common Element — All property within the boundaries of the Association which does not belong to<br />
an individual or individuals, or which does not belong to a Sub-Association, and which is available<br />
for use by all Residents of the Association. This includes items such as pathways, paseos, lighting<br />
fixtures, park benches, street signs, sidewalks, and parks, including structures built within those<br />
parks.<br />
Community — Providence, a common-interest planned community development.<br />
Community Standards — The standards of conduct, maintenance and other activity <strong>design</strong>ed and<br />
adopted by the Board with the intention of establishing and clarifying the minimum expectations for<br />
maintaining property value and community harmony within the Community (also called "Rules and<br />
Regulations").<br />
Contractors — This term applies to all vendors and workers employed or contracted by the<br />
Association or the Residents to work in the Community. Contractors employed by the Association<br />
work only on Association Common Elements, cannot perform any work on individual homes or Lots<br />
and answer only to the Association Board or staff.<br />
11
Glossary of Commonly Used Terms (continued):<br />
Declarant — Cliff's Edge, LLC, a Nevada limited liability company established for the purpose of<br />
development of the Community. Initially the Declarant maintains control of the Board (Declarant<br />
Control Period), appoints all of its members and established and adopts all Association policies<br />
and procedures.<br />
DRC — Design Review Committee, created pursuant to CC&R Article IV, Section 4.2. This group<br />
developed and adopted the Design Guidelines for exterior Improvements to all homes and Lots<br />
within the Association. Their responsibility is to ensure adherence to those Design Guidelines by<br />
<strong>review</strong>ing all Improvement plans prior to construction and inspecting said Improvement after<br />
completion.<br />
Design Guidelines — The architectural, <strong>design</strong>, and construction guidelines and <strong>review</strong> procedures<br />
applicable to all Lots and homes within the Association, originally adopted in June 2005, and as<br />
may be amended from time to time by the DRC.<br />
Dwelling — A single family home, located on a Lot <strong>design</strong>ed and intended for use and occupancy<br />
as a residence by a single family, including any ancillary building such as a "casita" or "guest<br />
house".<br />
Governing Documents — These are legally binding documents that control the Community. They<br />
consist of:<br />
• The CC&R's<br />
• Articles of Incorporation<br />
• Bylaws<br />
• Plat Maps<br />
• Resolutions of the Association's Board of Directors<br />
• Design Guidelines<br />
• Community Standards<br />
These Governing Documents apply to all Owners and Residents in the Community, as well as to<br />
their family members, guests, Tenants and vendors. In case of conflict within the documents, the<br />
list above is printed in order of document hierarchy.<br />
Guests, Invitees — Each and all of the following: Tenants, guests, vendors, agents, employees,<br />
suppliers, and Contractors (and family members, employees or agents of any of this list).<br />
Improvement — Any addition, change or modification to the outside of a Dwelling or on a Lot,<br />
regardless of whether it may be seen from the street or a neighboring property.<br />
Invitees — See "Guests"<br />
Lot — The real property, as defined in the Governing Documents which, together with the Dwelling,<br />
makes up a Unit within the Association. "Unit" is defined in Nevada Revised Statutes, Chapter<br />
116, which governs common interest communities.<br />
12
Glossary of Commonly Used Terms (continued):<br />
Management — The person or persons appointed by the Board, and delegated with the authority to<br />
implement certain duties, powers or functions of the Association as provided by the CC&R's and<br />
Bylaws.<br />
Master Plan — The <strong>master</strong> land use plan for the Community as approved by Clark County, Nevada,<br />
and as may be amended from time to time.<br />
Member — Every Owner is a Member of the Association, with all the benefits, privileges, and<br />
responsibilities defined in the Governing Documents.<br />
Neighborhood — Any residential area within the Association, <strong>design</strong>ated by the Declarant, which<br />
may share benefit from Common Elements specific only to that Neighborhood and may also share<br />
expenses through assessments for the cost of maintenance of such primary or exclusive use<br />
areas.<br />
Owners — One or more persons, which may include the Declarant or a Participating Builder, who<br />
hold the record title to any Lot, but excluding in all cases any party holding an interest merely as<br />
security for the performance of an obligation (such as a bank holding a security interest in a Lot<br />
related to a mortgage on the Lot).<br />
Participating Builder (or Builder) — Any entity who purchases one or more parcels of land within the<br />
Community for further subdivision into Lots, development, and/or resale in the ordinary course of<br />
business.<br />
Residents — Any person who is physically residing in a Dwelling within the Community.<br />
Resolution — Written and adopted decision of the Board of Directors regarding the business<br />
operations or governance of the Association. The Board adopts the Resolution at a duly noticed<br />
meeting and copies of the adopted Resolution are then mailed to all Owners.<br />
Rules and Regulations — See "Community Standards".<br />
Sub-Association — A Neighborhood within the Community subject to secondary governing<br />
documents which control governance of private streets and Common Elements and is also subject<br />
to the Association and it's Governing Documents. Owners in Sub-Associations are subject to two<br />
sets of legal documents and pay two assessments.<br />
Tenants — One or more persons residing in a Dwelling within the Community by means of a lease<br />
between an Owner and the Tenant.<br />
Unit — See "Lot".<br />
13
EXHIBIT A<br />
PROVIDENCE<br />
APPROVED PLANT LIST<br />
Trees<br />
BOTANICAL NAME<br />
Acacia smallii (farnesiana)<br />
Bauhinia congesta<br />
Cercidium floridum<br />
Chilopsis linearis<br />
Chitalpa tashkentosis<br />
Cordia boisseri<br />
Fraxinus oxycarpa 'Raywood'<br />
Juniperus monosperma<br />
Olea 'Swan Hill' or 'Wilsonii'<br />
Pinus eldarica<br />
Pinus helepensis<br />
Pistacia chinensis<br />
Platanus occidentalis<br />
Prosopis glandulosa<br />
Prosopis chilensis<br />
Quercus fusiformis<br />
Quercus buckleyii<br />
Quercus virginana<br />
Sophora secundiflora<br />
Ulmus parvifolia<br />
Shrubs<br />
Ambrosia deltoidea<br />
Ambrosia dumosa<br />
Busux microphylla<br />
Caesalpinia gilliesii<br />
Calliandra californica<br />
Calliandra eriophylla<br />
COMMON NAME<br />
Sweet Acacia<br />
Orchid Tree<br />
Blue Palo Verde<br />
Desert Willow<br />
Chitalpa<br />
Texas Olive<br />
Raywood Ash<br />
One See Juniper<br />
Fruitless Olive<br />
Mondel Pine<br />
Aleppo Pine<br />
Chinese Pistache<br />
Arizona Sycamore<br />
Texas Honey Mesquite<br />
Thornless Chilean Mesquite<br />
Escarpment Live Oak<br />
Red Rock Oak<br />
Southern Live Oak<br />
Texan Mountain Laurel<br />
Evergreen Elm 'Allee'<br />
Triangle Leaf Bursage<br />
White Bursage<br />
Japanese boxwood<br />
Yellow Bird of Paradise<br />
Baja Fairy Duster<br />
Native Fairy Duster<br />
14
Shrubs (continued)<br />
Cordia parvifolia<br />
Cotoneaster glaucophyllus<br />
Cowtiana Mexicana<br />
Cupressus sempervirens<br />
Dalea frutescens<br />
Dalea pulchra<br />
Eleagnus ebbingei<br />
Encelia farinose<br />
Ephedra nevadensis<br />
Ericameria laricifolia<br />
Euonymous hybrids<br />
Fraxinus greggi<br />
Juniperus sp.<br />
Larrea tridentate<br />
Leucophyllum sp.<br />
Leucophyllum frutescens 'Green Cloud'<br />
Ligustrum sp.<br />
Photinia fraserii<br />
Raphiolepis Indica<br />
Rhus trilobata<br />
Rhus microphylla<br />
Salvia clevlandii<br />
Salvia greggii<br />
Simmondsia chinensis<br />
Xylosma congesta 'compacta'<br />
Accents<br />
Agave desmentiana<br />
Agave weberi<br />
Dasyliron wheeleri<br />
Little Leaf Cordia<br />
Grey Leaf Cotoneaster<br />
Cliff Rose<br />
Italian Cypress<br />
Black Dalea<br />
Indigo Bush<br />
Silverberry<br />
Brittle Bush<br />
Mormon Tea<br />
Turpentine Bush<br />
Euonymous<br />
Little Leaf Ash<br />
Juniper<br />
Creosote<br />
Heavenly Cloud Sage<br />
Green Cloud Sage<br />
Privet<br />
Fraser's Photinia<br />
Indian Hawthorne<br />
Three Leaf Sumac<br />
Single Leaf Sumac<br />
Chaparral Sage<br />
Autumn Sage<br />
Jojoba<br />
Xylosma<br />
Agave<br />
Weber's Agave<br />
Desert Spoon<br />
15
Accents (continued)<br />
Dietes sp.<br />
Hesperaloe parviflora<br />
Muhlenbergia capillaries<br />
Muhlenbergia lindheimeri<br />
Muhlenbergia rigens<br />
Nolina microcarpa<br />
Opuntia engelmannii<br />
Opuntia violacea 'santa rita'<br />
Penstemon sp.<br />
Yucca baccatta<br />
Yucca brevifolia<br />
Yucca elata<br />
Yucca rigida<br />
Groundcovers<br />
Acacia redolens<br />
Baccharis 'Centennial'<br />
Baileya multiradiata<br />
Dalea capitata 'Sierra Gold'<br />
Euonymous<br />
Gazania rigens 'Sun Gold'<br />
Hymenoxys acaulis<br />
Juniperus Sabina 'Buffalo'<br />
Lantana 'New Gold'<br />
Melampodium leucanthum<br />
Pyracantha sp.<br />
Rosmarinus officinalis 'Prostratus'<br />
Verbena gooddingii<br />
Vines<br />
Feijoa sellowiana<br />
Gelsemium sempervirens<br />
Iris<br />
Hesperaloe (yucca)<br />
Regal Mist Deer Grass<br />
Autumn Glow Deer Grass<br />
Deer Grass<br />
Bear Grass<br />
Engelmann's Prickly Pear<br />
Purple Pancake<br />
Penstemon<br />
Banana Yucca<br />
Joshua Tree<br />
Soaptree Yucca<br />
Blue Yucca<br />
Low Boy Desert Carpet<br />
Centennial Baccharis<br />
Desert Marigold<br />
Sierra Gold Dalea<br />
Trailing Euonymous<br />
Gazania<br />
Angelita Daisy<br />
Buffalo Juniper<br />
New Gold Landtana<br />
Blackfoot Daisy<br />
Red Elf Pyracantha<br />
Trailing Rosemary<br />
Gooddingii Verbena<br />
Pineapple Guara<br />
Carolina Jasmine<br />
16
Vines (continued)<br />
Photinia fraserii<br />
Pyracantha sp.<br />
Rosa banksiae<br />
END OF LIST<br />
Fraser's Photinia<br />
Pyracantha 'Firethorn'<br />
Lady Bank's Rose<br />
17
EXHIBIT B<br />
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
DESIGN REVIEW SUBMITTAL PROCEDURES<br />
TYPE I SUBMITTALS — These items require prior <strong>review</strong> and approval by the Design Review Committee or its<br />
representative. No fee will be charged for the <strong>review</strong> of these minor items, unless unusual circumstances require further<br />
<strong>review</strong> by a professional consultant. Please refer to the Design Guidelines for a complete list of these items.<br />
TYPE II SUBMITTALS — These items include major improvements to the Dwelling or Lot and most likely require<br />
professional construction/installation and building permits from the County. Please refer to the Design Guidelines for a<br />
complete list of these items.<br />
SUBMITTAL FEES:<br />
Type I: No fee, unless further <strong>review</strong> by a consultant is required.<br />
Type II: $35 per submittal, payable in advance.<br />
Professional Review: $75 per submittal, if required — payable in advance.<br />
FOLLOWING ARE THE STEPS FOR COMPLETING SUBMITTALS FOR REVIEW:<br />
Step 1: Complete a Design Review Application form (attached), including the following:<br />
â Lot Owner's name.<br />
â Site address.<br />
â Owner's mailing address.<br />
â Day time contact information.<br />
Step 2: Include a site plan/drawing indicating the following:<br />
â Lot property lines.<br />
â Footprint of the Dwelling.<br />
â Location of any other structures on the Lot, including play equipment, pool or spa, fountain, patio,<br />
gazebo, etc.<br />
â Location of the item(s) included for <strong>review</strong> on the Design Review Application.<br />
â Note distance in feet from all structures and property lines.<br />
Step 3: Describe the item(s) being submitted for <strong>review</strong> as completely as possible, including:<br />
â Size, height and color.<br />
â Type of material(s).<br />
â Method of installation (i.e. in-ground, on concrete or tile, etc.).<br />
â Include any catalog sheets, spec sheets or photos that clearly show the above items.<br />
â If necessary or requested, samples are acceptable and will not be returned. If samples are<br />
submitted, they should be small enough to fit into an envelope for handling.<br />
Step 4: Include the required fee in the form of a check or money order made out to:<br />
Homeowners Association.<br />
Providence Master<br />
Step 5: Owner will be notified in writing of the <strong>review</strong> results, within 15 to 45 days of receipted date of a complete<br />
Submittal package.<br />
Please contact Management at 702.216.2020 with any questions or concerns.
EXHIBIT C<br />
PROVIDENCE MASTER HOMEOWNERS ASSOCIATION<br />
DESIGN REVIEW APPLICATION<br />
OWNER<br />
FEE<br />
PROPERTY ADDRESS:<br />
COMMUNITY<br />
MAIL ADDRESS (If different)<br />
CELL PHONE HOME PHONE EMAIL<br />
THIS APPLICATION IS FOR REVIEW AND APPROVAL OF THE FOLLOWING DESCRIBED IMPROVEMENTS.<br />
ANYTHING NOT LISTED HERE AND NOT CLEARLY SHOWN ON PLANS WILL NOT BE A PART OF THIS REVIEW.<br />
APPROVAL IS FOR ASSOCIATION PURPOSES ONLY AND DOES NOT CONSTITUTE APPROVAL AS TO COMPLIANCE WITH<br />
APPLICABLE STATE, COUNTY OR CITY LAW, BUILDING AND SAFETY REQUIREMENTS OR ZONING ORDINANCES.<br />
NATURE OF PROJECT: (CHECK ALL THAT APPLY) INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED<br />
q Addition to existing dwelling (room addition or patio enclosure)<br />
q Concrete work/paving stones (walkways, patio surface, deck etc.)<br />
q Landscape changes and additions<br />
q Landscape plans – New Installation<br />
q Painting of exterior of Dwelling (trim, fencing, property walls, etc.)<br />
q Patio cover<br />
q Pool, spa, water feature<br />
q Property walls – new installation or changes to existing<br />
q Wrought iron fencing and/or gates<br />
q Other<br />
FOR OFFICE USE ONLY:<br />
DATE:<br />
ACCT #:<br />
TYPE:<br />
A COMPLETE COPY OF FINAL PLANS MUST BE ATTACHED, SHOWING:<br />
â Site Plan And Floor Plan If Applicable<br />
â Exterior Elevations<br />
â Roof Design<br />
â Exterior Materials And Finishes<br />
â Landscaping & Irrigation Plan<br />
â Such Other Items Necessary To Reflect The Character And Dimensions Of The Improvements.<br />
**THE LEGAL OWNER MUST ADDRESS ANY QUESTIONS REGARDING THIS APPLICATION. THIS APPLICATION REQUIRES THE<br />
SIGNATURE OF THE HOMEOWNER. SIGNATURE ACKNOWLEDGES THAT IF ANY WORK HAS COMMENCED PRIOR TO<br />
RECEIVING WRITTEN APPROVAL FROM THE DRC, YOU WILL BE LIABLE FOR ALL COSTS NECESSARY TO BRING THE WORK UP<br />
TO THE CURRENT STANDARDS. THE HOMEOWNER UNDERSTANDS THE DRC MAY NEED TO ENTER THE PROPERTY TO<br />
INSPECT WORK IN PROGRESS AS WELL AS COMPLETED WORK.<br />
I have read and understand that my contractor and I must comply with the most current version of the Community Design Guidelines and<br />
must construct all improvements in accordance with those guidelines and other governing documents of the Association<br />
Owner Signature<br />
Date:<br />
ACTION TAKEN BY DRC:<br />
q APPROVED AS SUBMITTED<br />
q DISAPPROVED (The request must be corrected and re-submitted)<br />
FOR THE DESIGN REVIEW COMMITTEE<br />
FOR THE DESIGN REVIEW COMMITTEE<br />
DATE<br />
DATE<br />
*******************************************************************************<br />
Submit to: Providence Master Homeowners Association<br />
7175 N Durango Dr., Suite 280 Las Vegas NV 89149<br />
702.216.2020 Fax 702.240.3048