DISCLAIMER: These policies do not satisfy the requirements of the Virgina Property Owners Act nor are they a complete list of applicable covenants or restrictions The seller should have been provided you with a Disclosure Package that satisfies this Act and provides the specific information on your property. If you need a copy it can be purchased from the Committee.
The intent of the discourses on “policies” is to provide a ready reference base as to the position of the ELECA Board, to be informative for future Boards as well as interested residents, and to establish a basis for continued evolution, documentation, and clarification of the multitude of issues that arise in our community. It is an attempt to capture the position of the Board in areas that otherwise may be difficult or require an extensive search to find the referenced information in the minutes of various meetings. These policies are intended as guidelines and should help to serve as “corporate memory”.
As other issues arise, they can be added to the base of policies as the Board establishes its positions. If circumstances warrant, these policies may be amended or modified.
The policies that have been established to date are listed below:
1. Architectural Control Committee
2. Fences
3. Newsletter
4. Pool
5. ELECA Serpentine Wall Policy
6. Sheds
7. Service District
1. Architecture Control Committee (ACC) Policy: (Sep 2001)
The protective covenants and restrictions for each section of Elizabeth Lake Estates contain a section 3 entitled “Architectural Requirements and Architectural Control Committee (ACC). Homeowners should familiarize themselves with the provisions of this paragraph and follow the requirements when submitting a request for a fence, shed, garage, house additions, or any other structure as delineated in the section. Enforcement is stated in section 17: “Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages, reasonable attorneys’ fees and court costs or both.”
It is the policy of the ACC to work with the homeowners to achieve a position of mutual satisfaction. It is imperative that the homeowner request and obtain written approval, however, before proceeding with construction. It is the ACC’s responsibility to maintain and uphold the integrity of the neighborhood and to proceed forward with court proceedings if necessary to ensure compliance, including collection of expenses. The latter action is not preferred, but may be necessary for those homeowners who elect to be non compliant.
2. Fence Policy: ( 02 Oct 01)
No fence shall be erected or permitted to remain on any lot without the prior express approval and consent in writing of the Elizabeth Lake Estates Architecture Control Committee (extract from Elizabeth Lake protective covenants and restrictions).
The protective covenants and restrictions for each section of Elizabeth Lake Estates contains a paragraph entitled “Architectural Requirements and Architectural Control Committee (ACC). Homeowners should familiarize themselves with the provisions of this paragraph and follow the requirements when submitting a request for a fence. The following information should be used as a supplement to that contained in the protective covenants and restrictions.
The ELECA Board has adopted a policy that “fences should be no more than four feet high and not solid in appearance”. (June 1999) As guidance, space between slats should be a minimum of two inches. If slats are wider than two inches, the space should be equal to or greater than the width of the slat. The intent is to have an open appearance.
Solid fences or fences over four feet in height likely will not be approved unless city codes or unusual requirements dictate. Chain link fences will not be approved if another type of fence can serve the intended purpose. The finished side of any approved fence will face the neighboring yard (lot) unless the ACC has approved an exception. Replacement fences require ACC approval.
Fences will be placed no closer than three feet to sidewalks. No fence will be approved in a front yard. Additional restrictions are contained in the covenants and restrictions entitled “Sight distance at intersections”.
The ACC will not normally approve fences that are parallel to and in close proximity to the sea wall. Exceptions for young children will be considered. Minimum set back distances from the sea wall will be determined by the ACC on a case-by-case basis.
If deemed necessary, ACC members may request permission to make an onsite visit before deciding whether or not to approve a fence. Refusal to honor such a request will be considered grounds for disapproval. If the chairperson of the ACC feels that an inspection of the finished produce (fence) is warranted, this will be a stipulation in the approval process.
The ACC may take up to thirty days to approve/disapprove a request. A reasonable effort will be made to complete an action in less than 30 days. A simple majority vote by the ACC is required fro approval/disapproval of a project. While it is desirable for all ACC members to vote, action on a request will not be delayed for that purpose.
It is the owner’s responsibility to obtain appropriate clearance (building permit, etc.) from the City of Hampton (728-2444) before beginning a project. The ACC may, at its discretion, check with various agencies to determine if all the requirements have been met. All requests must include the signature of the homeowner.
3. Newsletter Policy (11 Sep 01)
The newsletter is a vital asset and serves as an arm of the ELECA Board with a primary purpose to inform the Elizabeth Lake Estates residents of community affairs. This includes: meeting notices, social events calendar, pool information, committee reports, comments from Board members, Neighborhood Watch items, City of Hampton news/notices, and items of interest in general. Normally, the newsletter will be published about six times a year at the following approximate times for the referenced reason:
January – Membership & pool dues, Annual Meeting comments, new Board members, …
March – Yard of the Month, Easter egg hunt, clean up, …
Apr-May – Swim team & meet calendar, June graduates, …
Jun-July – Social
August – thank you’s, swim team. …
October – Annual (November) meeting notice, updates, …
The newsletter editor will be in charge of the content of the newsletter, in coordination with the ELECA Board. Committee members are expected to contribute news items in a timely manner to pass on information to the community. Contributions from the community members are encouraged
Reasonable effort will be made to minimize the cost of the newsletter, which normally will be borne by the Association. Consideration will be given to defraying costs through the use of advertising, as an integral part of the newsletter and/or as an insert. If an organization or individual offers to underwrite the cost for the purpose of advertising, that agreement should be stated in writing, approved annually by the Board, and should not preclude residents of ELE from reasonable use of the newsletter. If conditions warrant, a separate advertising position may be established to assist with advertising.
Special arrangement (2001):
The Board has agreed to allow a local realtor, Tina Chrismon, to underwrite the cost of the newsletter, in exchange for exclusive advertising privileges in the form of approximately a half-page advertisement (of the total of four sides of newsletter content). Accordingly, as it may still be useful to provide an avenue for local residents/businesses to advertise in our newsletter, we will permit advertising to be in the form of a separate one-page insert, one sided or two-sided, to be included as an insert during dispersal of the newsletter, but not an integral part of the newsletter as underwritten by Ms. Chrismon. Content and “stuffing” of this separate ad sheet will be under the control of the advertising director, should such a position and activity be deemed prudent by the Board. Non-competitive advertising could still be included in the main body of the Newsletter.
4. ELECA Pool Policy: (Sep 2001)
The ELE common grounds and facilities are the responsibility of ELECA. These facilities include the pool and the buildings and equipment at the pool area. The Board believes the pool facility is an asset that adds value to the community.
Costs for the pool can be divided into two areas: annual operating costs, and maintenance of facilities (capital costs). The facilities are available for use, including neighborhood social events, for all ELECA members.
The Board believes the pool should be self-sustaining, particularly as regards annual operating funds. Income above annual costs should go into a pool capital fund maintained for that purpose. Common funds can be used to help maintain the capital equipment and facilities.
In the event the pool has a financial need, funds can be “borrowed” from the ELECA general fund with the intent to “pay back” as soon as practical. Every effort will be made to continue operation of the pool under the auspices of ELECA with the primary source of revenue coming from pool membership funds and pool fund raising initiatives.
5. ELECA Serpentine Wall Policy: (Revised 12 Sep 2001)
It is ELECA’s intent to ensure that homeowners maintain and preserve the wall.
All of the wall is on homeowners’ property and, as such, is considered the individual respective homeowner’s responsibility. However, ELECA has the right of easement to the wall and may repair/maintain it as desired.
Homeowner’s insurance should insure the wall against accidental damage. Cost to repair damage to the wall such as through vehicle impact should be recovered by the homeowner through the causative party. ELECA may assist the homeowner in this process.
Damage to the wall through tree roots or age is the responsibility of the homeowner. It is in the homeowner’s interest to take preventative action to preclude more costly repairs.
If the wall has deteriorated to the point where the City believes repair must be initiated, the homeowner is responsible for the cost of repair.
If a homeowner elects to remove or alter the wall on his property in lieu of repair or for whatever reason, ELECA maintains the right to oppose such an action and to seek damages from that homeowner on behalf of all the homeowners in the Association.
ELECA may opt to assist with the appearance of the wall through cooperative efforts with the City (for example, beautification funds), fund raising efforts, and landscaping.
6. Storage Facilities (Sheds) Policy: (Sep 2001)
No storage facility (shed) shall be erected or permitted to remain on any lot without the prior express approval and consent in writing of the Elizabeth Lake Estates Architecture Control Committee (extract from Elizabeth Lake protective covenants and restrictions).
The protective covenants and restrictions for each section of Elizabeth Lake Estates contains a paragraph entitled “Architectural Requirements and Architectural Control Committee (ACC). Homeowners should familiarize themselves with the provisions of this paragraph and follow the requirements when submitting a request for a shed. The following information should be used as a supplement to that contained in the protective covenants and restrictions.
Requests must include a plat showing the projected location and dimensions of the shed. It must also include a description of the framing, siding, and roofing that will be used, color scheme, type of foundation, and any other information that the requestor feels will assist the ACC.
More than one shed per residence will not be approved. Approval will be limited to a size that will only accommodate a reasonable amount of stored items typically used in the maintenance of the home, vehicles, and grounds (lawn mowers, paint, garden tools, etc.). Requests for facilities larger than 80-100 square feet will likely be disapproved. Two story facilities will not be approved. Building materials subject to faster than normal deterioration (such as fiber board or metal that rusts) will not be approved. All facilities must be on a stable foundation (concrete slab, cinder block, etc.). Replacement sheds require ACC approval.
The last three paragraphs of the fence policy also apply to any applications for storage sheds.
7. Service District Policy: (Oct 2001)
The neighborhood of Elizabeth Lake Estates was established as a service district through an ordinance passed by the City of Hampton City Council on June 13, 2001 with an effective date of July 1, 2001. It is to run for a period of five years. At inception, a tax rate of six-cents-per-hundred dollars valuation was established with the funds to be collected by the City at no cost to the neighborhood. The ELE Civic Association (ELECA) is the implementing agency. It is the intent of ELECA to use the funds in lieu of and in a similar manner to the previously collected “grounds fees.
It is ELECA’s intent to be fully compliant with the City’s requirements to perform as an exemplary service district in accordance with the Code of Virginia, which provides the basis and authority for a service district. It is also ELECA’s intent to sustain its status indefinitely as a Service District, periodically reviewing its needs for adequate funding and community initiatives within its means.