LITTLE WHALE COVE

The Architectural Committee (AC) shall consist of three owners chosen by the Board of Directors of the Little Whale Cove Homeowners Association (LWCHA). In addition to the three Regular Members as described above, the Board of Directors by Resolution appoints three Alternate AC Members. An Alternate Member shall serve only if a quorum of the Committee cannot be achieved with the Regular Members. In that event, one Regular Member and one Alternate Member shall constitute a quorum. See policy Procedural Directive to the Architectural Committee. The AC shall exercise the function for which it is given responsibility in the Declaration of Conditions, Restrictions, Covenants, Easements, Reservations and Regulations (CC&Rs) of Little Whale Cove (LWCHA). Additional rules about administration and operation of the AC are set out in the following policies:

Procedural Directive to the Architectural Committee

Architectural Committee Terms

Architectural Committee Job Description

Architectural Committee Alternates

Appeal from an Architectural Committee Decision

Common Area and Common Grounds

1.2 Architectural Committee Discretion

The AC may, in its sole discretion, withhold consent to any proposed work if the Committee finds that the proposed work is inappropriate for the particular parcel or incompatible with LWCHA design standards. Considerations such as siting, shape, size, color, design, height, impairment of the view from other parcels or dwellings within Little Whale Cove or other effects on the enjoyment of other parcels, dwellings or common areas, disturbance of existing terrain and vegetation, and any other factors which the AC reasonably believes to be relevant, may be taken into account by the Committee in determining whether to consent to any proposed work. See also paragraph 5.1

1.3 Action

Any two regular members of the AC shall have the power to act on behalf of the Committee. The Committee may render its decision only in writing and setting forth the action taken by the members consenting. Decisions shall be made only during meetings of the AC for which a notice and published agenda have been issued, except in case of emergency. An emergency is a situation that requires immediate action in order to avoid or repair damage to property, or when a Stop Work Order may be necessary because existing or further work would result in damage which is irreparable.

1.4 Effective Period of Consent

AC consent to any proposed work shall automatically be revoked one year after issuance, unless construction of the work has commenced or the owner has applied for and received an extension of time from the AC. A request for extension of time shall include the reason why construction has not commenced and a date by when construction will be started.

1.5 Completion Time

Any approved construction activities or exterior construction which is visible from any other parcel or common area within Little Whale Cove shall, after being approved by the AC, be completed within one year after breaking ground or other commencement of construction, unless an owner has applied for and received an extension of time from the AC. A request for extension shall include the reason why the construction is not complete and the expected completion date. The AC may, in its discretion, revoke its consent and require a new application to be made. In addition, the AC may require appropriate blinds or drapes to be installed to shield any unfinished interior.

1.6 Failure to Act

In the event that the AC fails to render its decision with respect to any proposed work within the 30-calendar-day period after receipt of all required information and the Architectural fee, if applicable, the Committee shall conclusively be deemed to have rejected the proposal on the 31^st day. The Owner may appeal to the Board of Directors according to the policy Appeal from an Architectural Committee Decision, the same as though the AC had rendered a written rejection on the 31st day. In the case of minor work, the Committee decision period shall be 15 calendar days from the date the AC has received the application, fee if applicable, and all of the required information. The proposal shall be deemed rejected on the 16th day. The AC does not receive applications and information until the date of the meeting at which the application and required information are first considered. The 30-day and 15-day periods shall begin on the date of said meeting, unless the AC requests additional information. The decision periods shall begin only after ALL of the information requested by the AC is received.

1.7 Failure of the Architectural Committee to Function

If at any time the AC shall, for any reason, fail to function, the LWCHA Board of Directors shall have complete authority to serve as a pro tem AC.

1.8 Non-waiver

Prior consent by the AC to any matter proposed to it and within its jurisdiction under the CC&Rs shall not be deemed to constitute a precedent or waiver impairing its right to withhold approval as to any future similar matter proposed or submitted for consent

1.9 Non-liability

Neither the AC, nor any member thereof, shall be liable to any owner, the Association or Developer for any damage, loss or prejudice suffered or claimed on account of any action or failure to act of the Committee or a member thereof, provided only that the member has, in accordance with the actual knowledge possessed by such member, acted in good faith.

1.10 Requests for Advisory Opinion

From time to time an owner or prospective owner may ask an AC member for an advisory opinion with respect to a matter that may potentially fall within the Committee’s jurisdiction. Any advisory discussion or advisory opinion expressed is not binding on the committee and shall not be relied upon as a committee action.

2.0 OWNER RESPONSIBILITY

2.1 When AC Application Required

No owner shall construct, alter, refinish or repaint, under or above any parcel or residential unit, make any change in the natural or existing surface drainage of a parcel or residential unit, or install any utility line, outside antenna or outside wire, or perform such other work as may be specified by the AC, unless the owner has first obtained written consent from the AC. Application and fee requirements are set out in the policy Architectural Committee Application Requirements. See section 6 of these rules for application requirements.

2.2 Major Construction

In the case of any proposed initial or substantial additional construction or remodeling of a dwelling, the owner shall first give the AC notice of the owner’s intentions by submitting an application and fee specified in paragraph 6.2 of these AC rules, together with the required attachments. Required attachments are set out in Section 6 and paragraph 6.5 of these AC Rules. Thereafter, the owner shall proceed to prepare and submit to the AC such plans and specifications for the proposed work as the Committee may require, following the step-by-step process outlined in Section 6.

2.3 Minor Work

In the case of minor additions, remodeling, exterior painting or a change of exterior materials, or removal or planting of trees, shrubs and other vegetation, the owner shall submit to the AC the application, the fee if applicable, and such plans and specifications for the proposed work as the Committee determines to be necessary to enable it to evaluate the proposal. Minor work must be completed in six (6) months from the date of approval or the AC will require new application to be made.

2.4 Work Stop

A Stop Work Order may be issued for reasons including, but not limited to, the following:

1. Any construction or change in construction that has not been approved in writing by the AC or is contrary to the plan approved by the AC

2. Failure to implement the recommendations in the Drainage Impact Study

3. Minor work which has not been approved by the AC, such as repainting, re-siding or adding a deck (See Architectural Committee Application Requirements, for a list of work which requires AC review and approval)

4. Unauthorized tree-cutting or vegetation removal

5. Work affecting common area which has not been approved by the Property Manager

6. Excavation of a lot in a way that endangers trees, surrounding property or facilities

7. Violation of Construction Rules or the Contractor’s Deposit Agreement, including failure to sign a Contractor’s Deposit Agreement

8. Unsafe conditions on the site

A Stop Work Order or subsequent approval to resume work requires signatures of at least two regular members of the AC; or the one regular member of the AC and one Director; or any two Directors, or the Property Manager.

If the contractor or owner fails to stop work, the Committee may revoke the approval for work and any further construction shall be subject to penalties including but not limited to fines and demolition and removal at the owner’s expense. In addition, the Board of Directors may impose a fine and other penalties according to Section 7 of these Rules and the LWCHA Enforcement Policy.

Work may be resumed only after the authorized persons that signed the Stop Work Order have confirmed in writing that the issues cited in the Stop Work Order have been corrected and that work may resume. An authorization to resume work will be issued as soon as possible after resolution of the issues that led to the work stop.

2.5 Notices on Completion

After completion of any work, the owner or contractor shall give written notice of completion to the AC. The AC shall, within 30 calendar days after receipt of such notice, inspect the completed work and give written notice to the owner or contractor if the completed work fails to conform to the plans and specifications as originally approved by the AC. The AC shall specify in such notice a reasonable period, not less than 30 calendar days, in which the owner or contractor may remedy the nonconformance. In the event that a notice of nonconformance and requirement of cure is not given in the 30-day period, the AC shall conclusively be deemed to have consented to the work as completed. The 30-day period shall begin on the date of the AC meeting at which the completion notice is first considered, unless the AC requests additional information. The 30-day decision period shall begin only after ALL of the information requested by the AC is received. The AC shall notify the LWCHA office when completed construction is inspected and approved, and whether the AC is aware of any claims against the deposits. Upon receipt of this information from the AC, the office will determine the remaining amounts of deposits to be refunded.

2.6 Estoppel Certificate

Within 30 calendar days after written demand by any owner, the AC shall execute and deliver to the owner an Estoppel Certificate certifying with respect to the property of that owner that, as of the date of the certificate, either: (1) all improvements and other work upon said property comply with the CC&Rs or (2) such improvements or work do not so comply for the reasons specified in the certificate. Any purchaser or mortgager of property within Little Whale Cove may rely on such certificate with respect to the matters as set forth therein and such matters being conclusive against the Developer, LWCHA and all other owners at Little Whale Cove.

3.0 ARCHITECTURAL DESIGN STANDARDS

(See also the Construction Rules and Contractor’s Deposit Agreement Policies)

3.1 Aesthetic Consideration

The AC shall be bound by reasonable standards of aesthetics consistent with the existing character and style of Little Whale Cove, and shall be mindful of protecting the environment, as well as the property values of Little Whale Cove. Design, materials and construction should blend in with the natural coastal surroundings.

3.2 Siting

In the case of replacement or an addition to or remodeling of existing dwellings, the views of other dwellings shall be taken into consideration.

3.3 Alterations or Additions to Existing Structures

Structural additions or alterations to the exterior of any building shall conform to the materials, colors, character and detailing as established on the existing dwelling. The AC must approve such changes. Interior remodeling requires AC approval if (1) it includes plumbing or electrical work that requires a building permit, (2) the remodeling affects the garage or parking or (3) the work will take more than one day.

3.4 Excavation

Clearing of a lot for excavation shall begin only after the AC has approved plans in writing, and the building permit obtained from the City of Depoe Bay. Permit must be posted on lot and all property lines identified prior to excavation. All projects involving excavation work that may contribute to soil erosion off the building site into creek beds or drainage systems, or other common or private areas, shall provide temporary sediment fences that comply with the requirements of paragraph 3.5 and the LWCHA policy on Temporary Sediment Fences. No debris, fill or other construction materials shall be placed on adjacent common areas without prior written permission of the Property Manager, or on private areas without prior written permission from the owner of the property. Trees over eight inches in diameter shall not be cut without prior written AC approval. Trees to be saved will be marked on site by the AC. See also paragraph 3.6 regarding vegetation. Any tree or other vegetation located in the immediate area of the property line between private lots and Common Area must be preserved. Damage to root systems or tree limbs is not allowed. Cutting the roots of trees not approved for removal on the lot under excavation, on adjacent lots, or Common Area will result in a fine. Those trees damaged, or that create a hazard to personal safety or property damage, will be removed and be replaced by a tree of size to be determined by the AC, at the expense of the owner whose lot is under excavation.

3.5 Temporary Sediment Fences

Sediment fences, which reduce the transport of sediment from a construction site by providing a temporary physical barrier to sediment and reducing runoff velocities, shall be used in situations including but not limited to the following:

1. Down-slope of disturbed areas where runoff occurs as sheet runoff.

2. At the toe of soil stockpiles and areas of fill material.

3. At intervals of 7.5 feet to 10 feet as slopes increase from 10 percent to 50 percent along the contours of large disturbed areas of ground.

4. At grade breaks exceeding 20 percent.

5. Following discharge from a sediment trap or pond.

Sediment fences require prior approval of the AC and shall be constructed and maintained for the duration of the excavation and fill of the project. Sediment fences shall be noted on the site plan as to their location and nature. Sediment fences shall not be removed without permission of the AC.

Sediment fences shall not be installed across streams. Fences must meet specifications contained in policy Temporary Sediment Fences.

3.6 Preservation of Trees and Vegetation

Property value in Little Whale Cove depends in part on the forested environment. No substantial vegetation, trees greater than eight inches in diameter, or major vegetation shall be removed from or planted on a private area, except as permitted by the AC. See section 5 of these AC Rules for landscaping rules. Trees to be saved shall be marked with flagging tape on-site for the duration of construction and landscaping. The AC may require additional taping or marking at its discretion. Trees or vegetation removed without AC approval shall be replaced with new trees or vegetation, the size and placement of which shall be determined by the AC If the owner desires to remove low vegetation, a landscape plan shall be submitted prior to the clearing. The cost of replacing natural growth with indigenous material shall be borne by the owner. See also section 5.8 of these AC Rules and the LWCHA policy Common Area and Common Grounds.

Construction must be conducted in a manner so as to minimize harm to all natural vegetation. To protect trees from damage or dying, no dirt, sand or other materials shall be piled around tree trunks or roots. Care shall be taken to minimize damage to tree trunks and roots during excavation.

In the event a tree marked for retention or tree or vegetation on common ground or adjacent lots are severely damaged or dies for any reason, the AC may require the tree to be removed and/or replaced at owners expense. The AC will determine the size and placement of the tree (see AC Rules section 7 regarding enforcement).

4.0 BUILDING MATERIALS

Restrictions as to what material is allowed to be used in home construction are outlined in the following paragraphs. The AC encourages indigenous natural materials and high quality design and construction that blend in with the natural coastal surroundings. Garages in lieu of carports are required for homes built after July 1, 1997. All building materials are subject to approval by the AC. As materials that appear similar to materials otherwise approved are developed, they will be considered on a case-by-case basis.

4.1 Siding

Approved materials are cedar, redwood, Hardi-Plank and like products. Plywood siding is not allowed, except on buildings where plywood is the existing siding as of Nov. 11, 2005. Other materials will be judged on their aesthetic harmony with surrounding structures and natural landscape. Double-wall construction is required.

4.2 Roofing

Approved roofing materials are cedar shakes and shingles; tile; copper; and 30-year or better, three-dimensional, class “A” composition shingle. Color is subject to approval by the AC. Corrugated roofing materials and roll composition roofs are not allowed.

4.3 Doors, Windows and Exposed Metals

Mill-finished aluminum frames and screens are not allowed. Wood frames must be painted or stained to blend with the structure. Vinyl-clad windows are allowed. Other exposed metals such as flashing, plumbing stacks, flue pipes, etc. shall be stainless steel or painted a color approved by the AC. Windows may be tinted, but no reflective materials shall be used to create a mirror effect from the outside.

4.4 Fences

Fences are not allowed except in extraordinary circumstances, subject to AC approval. An application for a fence must be accompanied with an explanation of such circumstances. The AC will consider the design, impact on views, appropriateness to Little Whale Cove and needs of the owner. Electronic containment devices may be used.

4.5 Other Structures

Other structures are not allowed except in extraordinary circumstances, subject to AC approval. An application for a structure must be accompanied with an explanation of such circumstances. If allowed, these kinds of structures must be sited to minimize any negative impact on surrounding residences and be finished in a manner that complements the residence.

4.6 Decks and Patio Additions

Decks and patio additions are subject to the approval of the AC. Second floor deck additions will be reviewed by the AC on an individual basis, considering the impact on neighboring views and proximity to adjacent homes.

4.7 Exterior Painting and Staining

All paint or stain colors on exterior surfaces on any dwelling or structure are subject to review and approval by the AC. The owner shall submit to the AC a sample of the trim or siding material that will be painted or stained. The sample must be of sufficient size to demonstrate how the color will look on the sample or may be applied to the structure. Paint and stain shades should harmonize with the natural environment and be consistent with homes in Little Whale Cove. Bright colors are not allowed.

4.8 Gutters and Downspouts

Gutters and downspouts shall match or harmonize with the rest of the home. Downspouts shall drain water away from the structure and carry the water to the area or areas specified in the Drainage Impact Study. Chain downspouts are not allowed.

4.9 Drainage

Drainage shall be maintained so that water is channeled into common area outlets and not onto other parcels. Any change in drainage is subject to review and approval by the AC. If common area is involved, written approval must be obtained from the Property Manager and the AC. Where existing water naturally flows across or from an owner’s parcel, provision must be made to accommodate the flow when the lot is developed. For any new or additional construction, or for any other project that may affect drainage, a Drainage Impact Study is required. Specific requirements are set out in the Storm Water Drainage policy, attached as Appendix E. The owner is liable for assuring that the instructions and recommendations in the drainage study are followed.

4.10 Exterior Lighting & Noise-Making Devices.

No exterior lighting (including security lights or motion sensors), noise-making devices, exterior burglar alarms, or other exterior security devices shall be installed modified, or maintained on a private lot without the approval of the AC. No light shall be directed on to other parcels or common areas. Light fixtures shall be low illumination and shall be shielded to minimize the impact on other lots and common areas. Outside lights shall be turned off at night, or when not in use.

4.11 Underground Utilities

All electrical, telephone, cable or other outside wiring must be underground.

4.12 Antennas and Satellite Dishes

No antenna of any description or satellite dish shall be installed outside a dwelling or garage without approval of the AC. No trees or vegetation shall be removed for installation without prior written approval of the AC, and, if common area is involved, written approval of the Property Manager

4.13 Flagpoles

No flagpole shall be installed without the approval of the AC. Flagpoles shall not be lighted without specific written approval for such lighting from the AC.

4.14 House Numbers

All residential units must have street numbers. Numbers must blend with the character of the dwelling, be a contrasting color, four to six inches tall, and visible from the street. If numbers mounted on the structure cannot be seen from the street, the owner may locate the numbers elsewhere, subject to approval of the AC. On new construction, numbers may be posted during construction so as to identify the location for subcontractors and vendors.

4.15 Newspaper Boxes

Newspaper boxes shall be in the design approved by the AC. The AC has specifications for the approved box available on request.

4.16 Signs

All signs shall be subject to approval by the AC. No sign shall be placed or kept on any parcel or residential unit other than to identify the owner, or advertise that the parcel is for sale or the residential unit is for sale or rent, or to identify the contractor constructing the home. Contractor signs shall not be placed until application has been made to the AC and the applicable fees and deposits paid. There shall be no more than one sign for each such purpose and no sign shall be larger than five square feet.

4.17 When Signs must be removed

Signs that advertise the parcel for sale or the residential unit for rent or sale shall be removed no later than one week after closing or rental. Contractor identification signs shall be removed no later than one week after notice of completion.

5.0 LANDSCAPE DESIGN STANDARDS

LWCHA policy is to preserve and protect the unique coastal atmosphere and various ecosystems existing throughout Little Whale Cove. The present and future value of the area depends in large part on this unique coastal environment.

The foremost goal for landscape design in Little Whale Cove is the concept of integration. Landscaping shall appear to be an extension of the surrounding natural environment in a manner that integrates structures to the land and its natural context. The LWCHA endeavors to preserve desirable existing plants that have become part of the indigenous vegetation while allowing owners to enhance their private areas according to individual preferences. Landscaping of any kind shall not be allowed to block a neighbor’s view or present a safety hazard.

5.1 Landscape plans

Landscape plans shall be in harmony with the environment and shall use materials commonly found on the Oregon coast. Plans shall strive for a balance of landscaping elements. Prior to developing landscape plans, owners are encouraged to consult the Approved Plant List in Appendix A. It will assist in choosing plants that will grow in Little Whale Cove.

Formal walkways, defined beds and formal borders, mowed lawns, and obvious geometric shapes created with plant materials shall not be approved. The AC will review plantings near property lines to be sure plantings will not spread from the private area and affect the native vegetation.

5.2 New construction

All landscaping shall have a site plan. The site plan shall show the property line between the private and adjoining common areas and streets. Landscaping plans shall be submitted for approval to the AC. After receiving committee approval, the owner shall complete landscaping within six months from completion of construction unless a longer time is approved by the AC. Upon completion of landscaping, the owner shall notify the AC and request a final inspection. Spec houses or model homes and condominium units shall be treated the same as other new construction.

5.3 Major landscape design changes

A new landscape site plan shall be submitted to the AC for approval if the owner wishes to do more than add plants from the Approved Plant List (Appendix A) or remove dead shrubs from an existing approved landscape. Adding or removing trees greater than eight inches in diameter or major groups of shrubbery are examples of major landscape changes that require approval of the AC. (See paragraph 5.4.5 of these AC Rules.) AC approval is not required for planting annuals, perennials, bulbs or vegetables, subject to the standards in Section 5 of these AC Rules.

5.4 Plants and Other Materials

5.4.1 Plant Materials

See Appendix C for information about Pacific Northwest coastal landscaping.

5.4.2 Noxious, Invasive and Poisonous Plants

Noxious, invasive or poisonous plants are not allowed in Little Whale Cove, including in private yard areas. Noxious plants are those identified by the State of Oregon as being non-native species that have overtaken existing habitat. Examples are English Ivy, Tansy Ragwort and Scotch Broom. Invasive plants are plants that spread vigorously and are likely to extend beyond the planted private area and may overtake other species. Blackberry and Rosa Rugosa are examples. A partial list of unacceptable plants is provided in Appendix B. More information is available at www.lwcha.org.

5.4.3 Containerized Plants

Containerized plants may be used in moderation, subject to the design standards stated in these Architectural Rules. Containers shall be placed in a manner so they are not conspicuous to neighboring views and common areas. Plantings which detract from the natural surroundings, such as masses of one species with conspicuous blooming performance or eye-catching designs using showy non-indigenous plant materials may be used only with the approval of the AC.

5.4.4 Yard Ornaments and Features

Ponds, fountains, birdbaths, statuary, rocks, logs and other types of yard ornaments or features are subject to AC approval.

5.4.5 Tree Limbing or Removal and Lot Clearing

AC approval is required for removal of tree limbs more than ten feet above the ground or tree topping. For example, approval is required prior to limbing or topping for view enhancement, satellite dish placement or thinning the sail to prevent blow-over.

No tree that is eight inches or more in diameter shall be removed from any private area without prior written approval of the AC. The diameter is measured at a height of 4 feet above ground level. Trees or vegetation removed without AC approval shall be replaced with new trees or vegetation, the size and placement of which shall be determined by the AC. In addition, the owner may be subject to fines or other penalties under the LWCHA Enforcement Policy. No lot shall be cleared without prior AC approval.

5.4.6 Lawns

Mowed grass lawns are not allowed. Natural grasslands shall be maintained so as not to create a fire hazard. Lawns in existence as of Nov 11, 2005 are permitted to remain. If a major landscaping change is made, existing lawns shall not be replaced.

5.5 Views and Privacy

Plantings from the Approved Plant List (Appendix A) may be used reasonably to screen private areas. Trees and other vegetation shall be kept trimmed and maintained so as not to obstruct neighboring views. Trimming is subject to paragraph 5.4.5 above. In the event of a dispute between owners over view obstruction alleged to be caused by trees or vegetation, the AC shall determine the amount of appropriate pruning or removal. If common area is involved, written approval from Property Manager and the Board is required. See Common Grounds policy. The owner is responsible for the cost of any trimming or maintenance on the owner’s private area.

5.6 Maintenance and Safety

Plantings must be controlled and maintained within a private area and not allowed to grow into common areas, walkways or neighboring private areas.

For aesthetics and to maintain property values in Little Whale Cove, owners shall maintain their private areas in a neat and attractive manner. This includes, for example, keeping driveways, walkways, decks, roofs and gutters clear of debris; weeding; trimming and controlling overgrowth of plants and shrubs; and cleaning up downed limbs and branches. Private areas shall be maintained so as not to create a fire hazard. Vegetation should be pruned away from structures, including decks. Grasses, other than sea grasses, should be trimmed to no more than six inches high. The LWCHA office maintains a list of landscapers and maintenance people for owners who want help with these tasks.

Composting plant waste materials is permitted only with AC approval and in compost containers that are adequately screened from neighboring views and common areas. Household garbage is not allowed in open compost piles.

Little Whale Cove staff picks up yard debris at curbside and hauls it to a burn/compost area daily.

Emergencies such as trees in danger of falling during windstorms will be evaluated on-site by the Property Manager or a regular AC member or a Board member, and, if approved, may be removed as soon as possible.

5.7 Common Area

No trees, shrubs or other vegetation shall be planted on or removed from any common area without prior written approval of the Property Manager. Owners may work with the AC and Property Manager to incorporate common area located between their private area and the street into the owner’s landscape design. There shall be a smooth transition between the private area and adjacent common area. The site plan shall clearly identify the boundary between the private and common areas. If the Property Manager and AC approve a landscape design that includes common area, the owner shall be responsible for maintenance of that area. (See Common Areas and Common Grounds policy)

5.8 Common Area – The Pines and Meadow House Units

(This section is referred to as 3.5 in The Pines and Meadow House merger of The Pines and Meadow Houses Condominium Owners’ Association with the LWCHA. This text repeats verbatim the language from the agreement.)

This section provides a special exception for the Pines and Meadow House units to recognize that landscaped areas surround many of these units to very near their foundations for purposes of landscaping heretofore undertaken by unit owners of the Pines and Meadow House condominium. Owners of the Pines units have historically been allowed to landscape the Common Areas between the units and the street and directly beside and behind their units. This section specifically approves the existing landscaping as of May 17, 1999 and acknowledges the AC may hereafter approve similar landscaping in the future. Future landscaping will be subject to the same kind of review as any other Homeowner. Owners of the Meadow House units also have been allowed to landscape adjacent Common Area. The landscaping existing on May 17, 1999 is approved and the AC shall approve similar landscaping within 20 feet of the Meadow house foundation, subject to approval on the same basis as for the Pines units described above.

5.8.1 Landscaping & Maintenance at The Pines and Meadow House Units

Although AC review of common area landscaping around The Pines and Meadow House units is allowed by paragraph 5.9 above, the Property Manager, under the direction of the Board of Directors, remains responsible for common area. (See Common Areas and Common Grounds Policy) Owners’ landscaping requests for The Pines and Meadow House Common Areas are subject to all of these rules and must be approved by both the Property Manager and the AC. If the Property Manager and AC approve an owner’s landscape design for The Pines or Meadow House unit Common Area, the owner shall be responsible for maintenance of that area.

5.8.2 The Pines Unit Exceptions

The Pines lots numbered 169, 170, 171, 172 and 173 are private areas and not subject to paragraph 5.9. These lots (parcels) are subject to AC oversight the same as any other private area lot (parcel) in Little Whale Cove.

5.9 Innisfree Unit Landscaping.

Once an Innisfree unit is completed, any landscaping or remodeling work proposed by the unit owner is subject to all of the AC rules the same as any other parcel. (Innisfree Bylaws Section 8.2.)

5.10 Innisfree Application Process

1. Applications for architectural modifications/additions to Innisfree condominiums or limited Common Areas at the sides or back of a property must be submitted to the LWC Office no later than noon of the Tuesday prior to the AC (Architectural Committee) meeting. It is recommended that the requestor give a copy of the application to the Innisfree BOD (Board of Directors) as well.

2. If a request involves the front area of a property in Innisfree, whether it is limited common, general common, or both, then that request must be directed to the IF BOD by the requestor. The AC is not involved in such requests.

3. If the request involves Innisfree General Common, then that request must be made to the Innisfree BOD. The AC is not involved in such requests.

4. The LWC AC will review any application it receives and, if there are modifications to the Limited Common areas and/or the condominium, it will render its decision and a copy of the decision will be sent to the applicant and to the Innisfree BOD.

5. The modifications, if approved by the LWC AC, are subject to a 10-day appeal waiting period.

6.0 APPLICATION PROCEDURES

6.1 Application Deadlines

An application and required supporting documents must be received in the LWCHA office by noon of the Tuesday preceding the meeting date at which the application will be considered. Information and fees required for the application submitted to the AC in any other manner shall not be considered. Late submissions shall not be accepted.

6.2 Fees Due at Time of Application

Any application submitted without the appropriate fee shall not be accepted.

As a means of defraying expenses, fees that must be paid at the time of application include: new construction, remodel, re-roof or additions of any kind, tree removal or limbing. See fee schedule Resolution 05-07. There may be a fee or deposit required for some maintenance projects.

No additional fee shall be required for resubmission of plans revised in accordance with AC requirements. See Application Procedures, and Architectural Committee Application Requirements, for details and a complete list of fees.

6.3 Deposits

A new construction deposit must be made at the time of application that covers the Drainage Impact Study and any other expenses. Any unused portion of this deposit is refundable after the AC notifies the LWCHA office that construction is completed. See fee schedule R05-07.

The LWCHA office will order the Drainage Impact Study once the deposit is paid and the AC preliminary review is completed.

Ordinarily, the Drainage Impact Study is ordered after the AC’s preliminary plan review. The owner may choose to ask that the Drainage Impact Study be ordered at the time of initial application. If an owner chooses this option, and the AC determines that changes made after the preliminary review require a new Drainage Impact Study, the owner is liable for the cost of any further study, which will be deducted from the new construction deposit.

The above fees and deposit are separate from the contractor’s deposit required of any contractor employed to construct an improvement in Little Whale Cove. (See Construction Rules and Contractors Deposit Agreement policies.)

6.4 Permits, Applications to the AC and Land Use and Zoning Requests

The AC is the primary land use body for Little Whale Cove. Therefore all land use and zoning requests require AC approval. While an owner may apply for a building permit or variance prior to or at the same time as application is made to the AC, waiting for AC approval may eliminate the need to apply to the city again if the AC requires plan changes. AC approval is required in addition to city approval. If the city approves a building permit or variance, approval by the AC is not automatic. All construction shall comply with all applicable City of Depoe Bay ordinances. The AC may require a fifteen (15) foot setback on both side and rear yards in order to save trees.

6.5 Preliminary Design

An owner shall submit to the AC a preliminary design that includes the following:

1. A survey by a licensed surveyor that shows the property lines, common area bordering the lot, placement of the structure on the lot, topography, existing trees greater than eight inches in diameter and large vegetation.

2. Exterior elevations of each side of the structure that describe siding materials, height of the building and roofing materials.

3. Drawings showing contours, location of culverts, drains for foundations, downspouts and driveways.

A preliminary design plan will save the cost of final working drawings if the AC requires changes. The preliminary design must be submitted with the applicable fee to the Little Whale Cove Homeowner’s Association office, P.O. Box 49, Depoe Bay, Oregon 97341 (541-765-2489).

6.6 Final Plans

The owner shall submit two full sets of final working drawings that indicate exact height of buildings in compliance with current Depoe Bay ordinances, including a licensed surveyor’s site plan, to the AC. The site plan must include foundation elevations, decks, driveways, walkways, roof and foundation drainage. The property corners must be marked and house staked on lot if a preliminary plan was not submitted to the AC, the information required by paragraph 6.5 above shall be provided. When the AC gives approval in writing, one set of plans will be stamped and returned to the owner; the second set shall be retained by the AC. Submit plans, as required, to the City of Depoe Bay, P.O. Box 8, 530 SE Shell, Depoe Bay Oregon 97341, (541-765-2361) to apply for a building permit.

7.0 ENFORCEMENT

7.1 Owner's Responsibility

An owner is responsible for assuring that the owner’s contractor has received the Architectural Rules and Construction Regulations. The owner shall be liable for any failure of compliance with the rules or other LWCHA governing documents. If the owner is the contractor, the owner must pay the contractor’s deposit and sign the Contractor’s Deposit Agreement. (See Construction Rules and Contractor’s Deposit Agreement).

7.2 Enforcement Authority

The AC or the Association may in its sole discretion issue an immediate Stop Work order and, if necessary, seek injunctive relief if the violation warrants, irrespective of any other remedy available. The AC or the LWCHA, as provided herein or by the CC&Rs and rules adopted there under, shall enforce the Architectural Rules.

7.3 Violation of AC Approval

In the event an owner constructs or permits to be constructed on his parcel or residential unit an improvement not approved by the AC, or contrary to an approval by the AC, the AC will notify the owner in writing of the violation, and the owner must remedy the situation within sixty days. If the violation remains, the LWCHA may fine the owner $150 for each day or part of a day that the situation remains uncorrected, beginning on the 61^st day. If the owner fails to pay, the owner shall be in default and the amount not paid, together with interest, costs and attorney fees shall become a lien on the parcel or residential unit.