Design Committee Rules
(Alpha by rule name & without the superseded rules)
This is a list of the Association Design Committee rules and guidelines plus any policy statements made regarding Design Committee rules compiled from the files originally published (to publish as “The Rules”) in resale certificates, beginning in 1989. These rules were established in accordance with the Association Covenants and may be changed by those covenants.
Quick-links to Design Committee Rules:
|Extended Appeal Period||Signs on the Common Area|
Antennas (Adopted April 7, 1997; Re-ratified March 10, 2014, Amended May 11, 2015)
These rules are adopted by the Board of Directors of the Eaglewood Homeowner’s Association, on the day April 7, 1997, effective April 8, 1997.
WHEREAS, the Eaglewood Association, Inc. (“the Association”) is responsible for governance and maintenance of the Eaglewood Subdivision (“the Community”); and
WHEREAS, the Association exists pursuant to applicable Alaska state law and the applicable Protective Covenants, Restrictions, and Bylaws (“PC&R’s”) and
WHEREAS, the Association is authorized to adopt and enforce reasonable rules and regulations in the best interests of the Community, pursuant to applicable Alaska state law and the PC&R’s; and
WHEREAS, the Federal Communications Commission (“the FCC”) adopted Regulations effective October 14, 1996, preempting certain restrictions in the governing documents concerning the installation, maintenance, and use of direct broadcast satellite, television broadcast, and multi point distribution service antennas (“antennas”); and
WHEREAS, the Association desires and intends to adopt reasonable restrictions governing installation, maintenance, and use of antennas in the best interest of the Community and consistent with the FCC Regulations.
NOW THEREFORE, the Association adopts the following restrictions and regulations for the Community, hereinafter referred to as the “Antenna Rule (Satellite Dishes and/or TV Signal Antenna)” which shall be binding upon all owner and their grantees, lessees, tenants, occupants, successors, heirs, and assigns who currently or in the future may possess an interest in the Community, and which shall supersede any previously adopted rules on the same subject matter.
A. Antenna -- any device used for the receipt of video programming services, including direct broadcast satellite (DBS), television broadcast, and multipoint distribution services (MDS). A reception antenna that has limited transmission capability designed for the viewer to select or used video programming is a reception antenna provided that it meets FCC standards for radio frequency emission. A mast, cabling, supports, guy wires, conduits, wiring, fasteners, or other accessories necessary for the proper installation, maintenance, and use of a reception antenna shall be considered part of the antenna.
B. Mast -- Structure to which an antenna is attached that raises the antenna height.
C. Transmission - only antenna -- any antenna used solely to transmit radio, television, cellular, or other signals.
D. Owner -- any homeowner in the Association. For the purpose of this rule only, “owner” includes a tenant who has the written permission of the homeowner/landlord to install antennas.
E. Telecommunications signal -- signals received by DBS, television broadcast, and MDS antennas.
If, for any reason, the new FCC Regulations are ever reversed or revised in any manner that would permit the Association to again restrict antennas, the Association may require any existing antennas to be removed.
IV. Installation Rules
V. Antenna Camouflaging
VI. Number of Antennas
No more than one antenna of each provider may be installed by an owner unless a dual system is required for certain HD systems from a single provider.
VII. Mast Installation
VIII. Association Maintenance of Locations upon Which Antennas are Installed
A. If antennas are installed on property for which the Association has maintenance responsibility; owners retain responsibility for antenna maintenance. Owners must not install antennas in a manner that will result in increased maintenance costs for the Association or for other residents. If such damage occurs, owners are responsible for these costs.
B. If maintenance requires antenna removal, the Association shall provide owners with 10 days written notice. Owners shall be responsible for removing antennas before maintenance begins. If owners do not remove antennas by the required time, then the Association may do so, at owners’ expense. The Association is not liable for any resulting damage to antennas.
IX. Notification Process
A. Any owner desiring to install an antenna must complete a notification form and submit it to the Eaglewood Association Design Committee, 11915 Easy Street, Eagle River, Alaska 99577. If the installation is routine (conforms to all of the above rules and restrictions), the homeowner may proceed with installation after submitting the notification form. The Design Committee will begin an immediate review of the notification form and provide their comments to the homeowner upon completion of this review.
B. If the installation is other than routine for any reason, owners and the Association’s Design Committee must establish a mutually convenient time to meet to discuss installation methods. The homeowner must contact the Eaglewood Association work center at 694-6942 to establish a meeting time. The Design Committee will then meet with the homeowner at the agreed upon time to resolve these issues so that installation may be completed in a timely manner.
C. A preprinted standard notification form, developed by the Association will be completed by the homeowner. The form is available from the work center and copies will be provided upon request by calling 694-6942.
X. Installation by Tenants
Tenants may install antennas in accordance with these rules with written permission of the homeowner/landlord. A copy of this written permission must be furnished with the notification form.
A. If these rules are violated, the Association may bring action for declaratory relief with the FCC or any court of competent jurisdiction after notice and an opportunity to be heard. If the court or FCC determines that the Association rules are enforceable, a fine of $100 shall be imposed by the Association for each violation. If the violation is not corrected within a reasonable length of time, additional fines of $10 per day will be imposed for each day that the violation continues up to the maximum amount permitted by the PC&R’s. To the extent permitted by law, the Association shall be entitled to reasonable attorney fees, costs, and expenses incurred in the enforcement of this policy.
B. If antenna installation poses a serious, immediate safety hazard, the Association may seek injunctive relief to prohibit or seek removal of the installation.
XII. Severability: If any provision is ruled invalid, the remainder of these rules remain in full force and effect.
Dead Cars (Adopted November 1987, Amended June 2013; Re-ratified March 10, 2014, Amended May 11, 2015)
Article V.VII. J applies -- No noxious or offensive activities (including but not limited to the repair of automobiles) shall be carried on in the Properties ... No unit owner shall permit or cause anything to be done or kept upon the property which will ... interfere with the rights of other owners ... nor will an owner commit or permit any nuisance on the Properties .... -- And the Design Committee has decided: Outside storage of 'dead' cars (vehicles) is a nuisance which detracts from surrounding property values.
The Design Committee considers 'dead' cars to be any motor vehicle which is clearly inoperative as evidenced by flat tire(s), missing body parts, resting on blocks or jack stands, or is surrounded by accumulated debris, or other unsightly materials in such a way that the vehicle is obviously not in use or because of which it would not be able to move without first removing the debris or materials.
The Associations PC&R's (Article V.VII.C) require homeowners to maintain enclosed parking for cars regularly parked in the subdivision and thereby prohibit such long term outside storage.
Form fitting vehicle covers, while otherwise allowed for the protection of a vehicle being driven on a frequent or daily basis, will not be used to obscure flat tires, jack stands, missing body work, or any other condition that would identify the vehicle as a “dead vehicle."
Dog houses/dog runs (Adopted 1986; Re-ratified March 10, 2014)
Dog houses must be positioned to the side or back of a family dwelling in such a manner as to be the least visible from a common area, and not to impede road or pedestrian traffic. Construction will be of natural wood that conforms to the main dwelling siding material and color. Roofs will be as specified in the PC&R’s. Chain link dog runs will be permitted in the interest of safety as long as the height does not exceed the height of the privacy fence which must hide the dog run. Consent of the Design Committee must be obtained in writing prior to installing a dog run.
May 1989 newsletter: Homeowners sometimes use the overhead wire and pulley dog run for their dogs. The Design Committee has not objected to these to date ... IF they are fully in the rear private area (behind the house) and do not present a hazard (must be at least 8 feet above the ground at all locations, not attached to common area trees, lights, neighbor’s house, etc., not used with a dangerous dog subject to children walking up to the dog, etc.)
5-30-95 Guidance for Wire Dog
Must be located in the backyard. Must be located in the least visible location, from a common area, as possible. Must be located & set-up in such a manner that the dog cannot reach common property to prevent dog’s mess on common, as well as to prevent people using the trails from being intimidated by dogs). Must be at a height (approximately 6') that it does not create a hazard.
(Adopted February 9, 2015)
All appeals will be referred to the Judicial Council if received within 14 calendar days of receipt the assessment letter by the property owner, based on delivery confirmation tracking. Any appeals received beyond the extended 14 day grace period will be referred to the Board.
Exterior Materials (Adopted March 12, 2001; Re-ratified March 10, 2014)
Exterior Materials Article V.VII.B applies with the following clarifications:
In the case of zero lot line homes or any residential unit that is physically attached to one or more other single family dwelling units, the exterior materials of each of the attached units should be the same. This includes the color and texture of the exterior materials used.
Fences (Re-ratified November 13, 2017)
Article V.V applies -- “No fence shall be permitted to extend beyond the front edge of the foundation line of a residence. The location, height, materials, design, and construction of any fence in a private area must be approved by the Design Committee.” -- and the Design Committee has established the following guidelines: The Design Committee will normally approve a six foot high fence to be installed within the property boundary and constructed of cedar materials with the boards installed away from the primary structure. Fence treatment is required and must be reviewed and approved by the Design Committee prior to start of project. If the proposed new or replacement fence line is within the homeowner’s property line but terminates prior to the nearest HOA improved area (i.e. trail, pathway, private street or drainage channel), an access gate must be installed to enable the homeowner to maintain the adjacent grounds connecting to the HOA improved areas as cited in the PC&R’s V.III.B. If the homeowner’s property cannot support the installation of a gate due to terrain issues (elevation angle, incline/decline slope, proximity to easement right of way) the access gate requirement may be waived on a case –by-case basis as determined by the Design Committee. The fence location must not obstruct an intersection lateral view of a utility/homeowners’ association use easement nor extend beyond the front foundation line of the livable portion of the residence (i.e. fence line will not encompass a forward facing garage or driveway area).
Added considerations: MOA building permit is required if the fence is to be taller than six (6) feet or violate MOA front set back of twenty (20) feet or might obstruct an intersection lateral view.
Garbage Cans, Trash, Recycle Bins / Solid Waste Storage
To adhere to the
Municipality of Anchorage Code of Ordinance 26.70.050, the Design Committee has
changed the PC&R rule IV.V.J to read “Solid waste shall not, except on the
collection day, be stored on or in view from any common area. Emptied containers shall be removed from view on the same day that the collection is made.”
Private Parking and Driveways (Re-ratified March 10, 2014)
Private Parking and Driveways Article V.VII.C applies with the following clarifications:
a. Only private driveways, approved driveway extensions, or garages may be used for the regular parking of all privately owned vehicles, recreational vehicles as authorized by Rule G, or approved transport trailers. Landscaped areas will not be used for regular parking of vehicles.
b. Private driveways or approved driveway extensions will not be used for the storage of materials, supplies or equipment. However, the temporary use of driveways or approved driveway extensions is authorized for storing such items when they are being used in conjunction with approved construction, renovation, landscaping, etc. of the private area.
c. All vehicles (including RVs and any transport flat trailer containing applicable RVs) will be parked on a paved driveway or approved driveway extension.
d. All vehicles must meet street clearance requirements including lateral sight distance considerations. No intersection or corner views may be obstructed and all vehicles must be clear of streets and sidewalks.
Driveway Extension Criteria (Adopted October 25, 1993; Re-ratified March 10, 2014)
Property found on common areas (Adopted April 19, 1988; Re-ratified March 10, 2014)
Regardless of value, property items found on the common areas of Eaglewood will be treated as Eaglewood property and destroyed, disposed of, reused, or listed as found in the Newsletter, Website or Facebook at the discretion of the Operations Manager.
The Operations Manager and other employees from time to time recover property from the Common Areas within Eaglewood. Most of this property is of no obvious value (e.g. trash). Infrequently, some items are (or may be) of some value. When the items are of value, the Operations Manager will list the item(s) in the Newsletter as lost and found. Otherwise the property will be discarded as trash or used as Eaglewood property.
Quorum and As-Builts (Adopted Spring 1987; Re-ratified March 10, 2014)
The quorum of the Design Committee for approval of homeowner construction requests is established as three members. Design Committee review requires an appropriately annotated copy of the as-built drawings for the residence involved.
(Adopted Dec. 28, 1992, Modified June 3, 2002, Revised April, 2010 & March, 2014, Re-Ratified March 10, 2014)
Rule G supersedes Rules C & D.
Private areas parking and driveways Article V.VII.C applies --
“Unless expressly authorized in writing, by the Design Committee to the contrary, no trailer, motorhome, airplane, boat or motorcycle (hereafter collectively called recreational vehicle(s)) shall be kept, placed, or maintained upon any private area in such a manner that such recreational vehicle(s) is visible from outside a private area; provided, however, that the provisions of this paragraph shall not apply to temporary loading, unloading and cleaning of such recreational vehicles. ...."
-- with the following clarifications:
a. Recreational Vehicles (RVs) are defined as falling into the following three categories:
1. Highway use licensed vehicles (motor homes, camping/travel trailers, motorcycles, toy hauler enclosed trailers or boats on licensed trailers).
2. Off-road motorized vehicles (multi-wheeled vehicles, snow machines, jet skis, or any other motorized equipment used as a recreational pleasure craft).
Slide in campers for pickup trucks. Recommendation: All slide-in
campers should be lowered to the greatest extent possible when off of the pick-up, and placed on supports to supplement their jack stands.
b. Flat trailers are defined as licensed highway use unenclosed trailers without side boards used exclusively for transporting off road motorized vehicles used for recreational purposes. All flat trailers must meet the requirements below.
1. The trailer must be in working order.
2. Trailers that are clearly inoperative are not allowed. Trailers not in working order are evidenced by flat tire(s), resting on blocks or jack stands, or surrounded by accumulated debris, or other unsightly materials in such a way that the trailer is obviously not in use or because of which it would not be able to move without first removing the debris or materials.
3. The trailer will not be an enclosed type.
4. The trailer will be kept on the paved driveway or approved driveway extension anytime it is in Eaglewood.
5. The trailer will be parked such that the trailer and all other vehicles are clear of streets and sidewalks.
6. The trailer will be stored outside Eaglewood, inside a garage, or within a fenced yard not visible from common areas, any time it is inoperative.
7. The trailer will not be unsightly or a nuisance as determined by a noticed Design Committee hearing (trash stored on it, bright colors, etc.).
c. Between May 1 and October 1, one
highway use licensed vehicle, or up to four
seasonal off road motorized vehicles, (multi-wheeled vehicles motorized bikes, jet skis, or other motorized recreational pleasure craft on an approved flat trailer) may be parked in a private driveway. Between October 1 and May 1, up to four snow machines or multi-wheeled vehicles on an approved flat trailer, may be parked in a private driveway. The following requirements apply:
1. All vehicles (including RVs and any transport flat trailer containing applicable RVs) are parked on a paved driveway or approved driveway extension.
2. All vehicles meet street clearance requirements including lateral sight distance considerations. No intersection or corner views may be obstructed and all vehicles must be clear of streets and sidewalks.
3. No pickup shell, or boat are parked or stored off their transport vehicle, where they are visible from outside the private area.
4. Only covers specifically designed for RV coverage may be used to cover RVs. Any of the commonly used tarps (blue, green, brown, silver, etc.) are not appropriate for covering RV’s while in view from the common area.
5. The RV is not and does not become unsightly or a nuisance as determined by a noticed Design Committee hearing.
6. Trailers other than the types mentioned in “a” and “b” above are considered inappropriate.
7. RVs that are clearly inoperative are not allowed.
d. Pickup trucks, (one-ton or smaller), with slide-in campers, when used on a daily basis, shall be exempt from RV parking requirements as defined above.
e. A single canoe/kayak when stored alongside homes, under overhangs, or in other non-obtrusive private area locations is exempt from the recreational vehicle rules. Multiple canoes or a canoe stored in a front yard or other obtrusive locations will be treated as a boat off the transport trailer.
f. Aircraft are not appropriate in Eaglewood.
g. Temporary loading, unloading and cleaning of recreation vehicles during off-season periods shall be limited to 24 hours per load/unload occasion.
h. Cleaning of recreational vehicles does not include the degreasing of vehicle parts or the use of solvents in driveways or yards within Eaglewood.
(Adopted April 29, 2002, Amended August 25, 2003 & May 9, 2005; Re-ratified March 10, 2010;
Revised and approved by the Board of Directors April 11, 2016, Revised and approved by the Board of Directors October 16, 2017). Supersedes Rule E.
The Private Areas, Signs and Mailboxes, Article V.VII. G applies –
“No signs or mailboxes shall be erected or maintained upon any private area except the following:
(d) Not more than one “for sale” or “for rent” sign having a maximum face area of four square feet or
as otherwise approved by the Design Committee.
(e) Tastefully worded and constructed signs erected and maintained by the Developer or Realtor, that
border any private area or along roadways advertising and directing potential purchasers, unless
those signs create a nuisance or safety hazard...”
--With the following clarifications:
1. Signs will not obstruct traffic or cause a lateral sight hazard for any traffic
2. All signs are tastefully worded
3. All signs must be kept upright and properly maintained
4. Excluding parts 7 & 8, a maximum of three signs per property are permitted.
5. Signs for short-term events may be placed on private and/or common property provided:
5.1. Individual signs are no larger than four square feet and sandwich board signs (stands) are no larger than six square feet
5.2. Garage/yard sale signs may be put up the previous day of the sale and removed at the
conclusion of the sale
5.2.1. Garage/Yard Sales signs will not be posted in excess of three days within one week
5.2.2 Garage/Yard Sales signs must have a physical address
5.3. Lost/found pet or similar signs shall not be posted in excess of five days
5.3.1 Lost/Found pet flyers must have a physical address on them
5.4 No temporary signs may be attached to
Eaglewood signposts, street lights or mailboxes.
6. Signs for realty actions (ex: House for Sale/Rent) may be placed only on private property provided:
6.1. Individual signs are no larger than four square feet
6.2. Open house signs may be put up the previous day of the open house and will be removed at its conclusion
6.2.1. Sign will not be posted in excess of three days within one week 6.3. Appropriate sign locations are limited to:
6.3.1. One on the structure or fence
6.3.2. One sign posted in the property’s yard
6.3.3. One sign on a separate side of the house or fence only if the house is visible from another street.
6.4. All signs must be removed within 24 hours, after the sale or rental of the property
7. Signs for support or opposition to a candidate or proposition in an upcoming National, State, or Municipal election may be placed only on private property provided:
7.1. Individual signs are no larger than four square feet
7.2. Only one sign per particular candidate or proposition may be displayed
7.3. Signs may be erected only 30 days preceding the election date and must be removed within 24 hours, after the election date
8. Security signs used exclusively to deter criminal activity are permitted provided:
8.1. Each sign is no larger than 1 square foot.
8.2. Each sign is against or affixed to the permanent structure, fence or window. Signs will not be in yards.
8.3. Each property is limited to one visible sign from each perspective. I.e., one in front, one in back and one on the side (if not adjacent to another home).
9. All unauthorized and temporary signs placed
on the common area not removed in the time frame allotted may be subject to
removal and disposal fee.
Storage (Adopted June 1992, Amended June 2013; Re-ratified March 10, 2014; Amended April 13, 2015)
Article V.I applies -- “All private areas, whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such manner as to prevent their becoming unsightly, unsanitary, or a hazard to health. No noxious or offensive activity shall be carried out upon any private area, nor shall anything be done or placed thereon which may be or become a nuisance, or cause unreasonable embarrassment, disturbance, or annoyance to other owners in the enjoyment of private or common areas.” -- With the following clarifications:
The Design Committee declared any visible storage of barrels or gas bottles a nuisance. Any outside storage of barrels must be specifically approved in writing by the Design Committee for a specific use.
Tires, ladders, tools, lumber, appliances, barrels/drums, automotive parts, rabbit hutches, etc. stored outside are unsightly and therefore are in violation of the intent of Article V.I of the PC&R's.
Purpose built form fitting weather covers, such as car covers, boat covers ATV/snow machine covers, barbecue covers, patio furniture covers, windshield deice covers, firewood covers, etc. may be permitted. These covers should be made of quality material/fabric in subdued colors. Manufacturer's built covers in subdued colors with manufacturers’ logos are acceptable. Covers that become weather worn, damaged, torn or cannot be tied down properly must be replaced.
Plastic Tarps (Amended 4/13/2015): Solid color subdued earth-tone brown or solid color subdued earth-tone dark green tarps are allowed in certain limited circumstances. No other color tarps will be permissible in any location visible from the Common Area. This amendment does not modify the requirements of purpose built form fitting covers as described above.
Solid color earth-tone dark brown or dark green tarps
will henceforth be allowed in locations visible from the street edge so long as
they are no closer to the street than the front edge of the corner of the house
in unfenced yards. Such tarps must be
neatly secured and must not be faded, torn or otherwise deteriorated or
unsightly. Such substandard tarps will
be subject to assessment. Solid color subdued earth-tone dark brown and dark
green tarps visible from any street edge whether behind or within a fenced yard
are subject to the requirements of this rule.
Article V.II.E applies -- “no building or structure ... other than an
approved residence shall ever be lived in or used for dwelling or other
purposes. This prohibition extends to but is not limited to ... shacks,
outbuildings or similar temporary structures.” -- with the following change: Storage sheds and greenhouses may be constructed if built in compliance with
the following stipulations. Size, material, color and location must be approved by the Design Committee.
Details of the structure will be evaluated by the Design Committee. The size,
material to be used, color, and location on the property (as annotated on a
copy of a current as-built survey) will be needed for review with the
application. Homeowners are responsible for removing/relocating any non-complying
structure prior to the sale of the residence. Material and Colors - Colors should match or compliment the main
dwelling. Siding shall be made of quality natural wooden appearing material.
Roofing material shall be constructed of a shingle appearing surface. A greenhouse, because of its function, may have a roof that permits light to pass through; however it must be of glass or Plexiglas which is not obtrusive or reflective. Size- Shed size will be limited to 12’ X 12’ unless otherwise approved by the Design Committee. Location-
The shed will not obstruct any private area view or obstruct any utility/homeowners’
association use easement nor obstruct any lateral intersection sight
clearance. The shed may be located
within Eaglewood setback areas (10 feet to a private area and 20 feet to a
common area) with Design Committee approval, but not closer than three feet of
any property line. (Municipality of Anchorage setbacks for temporary structures
are 5 foot to side and 10 foot to rear property lines. Contact the Municipality
of Anchorage to obtain a variance.
Article V.II.E applies -- “no building or structure ... other than an approved residence shall ever be lived in or used for dwelling or other purposes. This prohibition extends to but is not limited to ... shacks, outbuildings or similar temporary structures.” -- with the following change:
Storage sheds and greenhouses may be constructed if built in compliance with the following stipulations.
Size, material, color and location must be approved by the Design Committee. Details of the structure will be evaluated by the Design Committee. The size, material to be used, color, and location on the property (as annotated on a copy of a current as-built survey) will be needed for review with the application. Homeowners are responsible for removing/relocating any non-complying structure prior to the sale of the residence.
Material and Colors - Colors should match or compliment the main dwelling. Siding shall be made of quality natural wooden appearing material. Roofing material shall be constructed of a shingle appearing surface. A greenhouse, because of its function, may have a roof that permits light to pass through; however it must be of glass or Plexiglas which is not obtrusive or reflective.
Size- Shed size will be limited to 12’ X 12’ unless otherwise approved by the Design Committee.
Location- The shed will not obstruct any private area view or obstruct any utility/homeowners’ association use easement nor obstruct any lateral intersection sight clearance. The shed may be located within Eaglewood setback areas (10 feet to a private area and 20 feet to a common area) with Design Committee approval, but not closer than three feet of any property line. (Municipality of Anchorage setbacks for temporary structures are 5 foot to side and 10 foot to rear property lines. Contact the Municipality of Anchorage to obtain a variance.
(Adopted September 13, 2009 Re-ratified March 10, 2014, Amended February 9, 2015, January 30, 2017) The Common Areas - Extent of Owner's Easements Article IV.III.E applies the right of the Association to
allocate the use of common areas and restrict uses of common areas including hours of operation, and to make reasonable Rules and Regulations with respect thereto. Also the right of the Association to limit the use of areas to specific purposes such as snow removal storage with the following clarification:
Road Edge Markers may be placed at the edge of the street pavement to assist the snow removal equipment operators and other vehicle traffic in identifying where the pavement ends with the purpose of decreasing damage to the adjoining landscaped areas.
Homeowners must adhere to the following criteria: