The Waterford deed restrictions (covenants) require that the Waterford HOA must approve all changes to the outside of a home or lot before any changes are made. This includes, but is not limited to, fences, decks, additional structures, solar panel installation etc.
All fences require HOA board approval.
Article V, Section 10, page 2, “No fence, wall or hedge of any nature may be extended toward the front or side of the property line beyond the building set—back line as shown on the Record Plat(s) of the Property in the Fayette County Court Clerk’s Office and may not extend toward the front of the house past the rear corner. Any fence used must conform with the character of the Waterford Subdivision and shall be in accordance with appropriate governmental regulations and shall be approved by the Developer prior to construction.”
All additional structures require HOA board approval.
Article V, Section 10, page 2, “No building or structure of a temporary character including, but not limited to, trailers, basements, tents, shacks, garages, barns or other buildings other than residence buildings, shall be used upon any Lot subject to this Declaration at any time as a residence, either temporarily or permanently, nor shall any trailer, tent, shack, barn or unmovable vehicle be used and maintained upon any such lot at any time, whether temporarily permanently.”
The Waterford HOA also includes sheds, gazebos, tree houses, play houses, side decks or shields for garbage bin storage, and any other similar structures under structures that require board approval.
All solar panels require HOA board approval.
Article V, Section 6, “prohibits noxious or offensive activity on a lot.”
Second, Article V, Section 16,”requires any alterations to be approved by the Developer” (whose rights the Board now has).
Third, Article VIII, Section 11, “Board’s determination binding”.
Solar panels may only be installed if such installation will not cause (or worsen an existing) nuisance, noxious activity/condition, or offensive activity/condition. The Owner must present the proposed installation plan to the Board of Directors for review prior to installation. Solar panels and supporting instrumentation must be installed so that no part is visible from the street or sidewalk frontage of the lot, and further to ensure there will be no glare which will be noxious or offensive to surrounding property owners.
How to obtain approval?