SMHOA Policy on Article X, Sections 1 and 2 of the Starlight Mesa Homeowners Association CC&Rs

This policy statement replaces and supersedes all prior policy statements concerning Article X of the Starlight Mesa Homeowners Association CC&Rs (Maintenance of Individual Lots and Alterations).

Maintenance (Article X, Section 1)

This section of Article X requires homeowners to maintain the appearance of their lots and appurtenances (i.e. their home and substructures such as gazebos or patios). Homes shall not have peeling paint, decaying driveways or dead or dying lawns.

The upkeep of lawns is a partnership with the Association in that the Association furnishes a service to mow (weekly) and fertilize (twice a year), but it is the homeowners who are responsible for watering lawns and landscaping.

Some items, such as garbage cans, RVs, and boats are regulated by the City of La Cañada Flintridge, not the Starlight Mesa CC&RS. Within the City ordinances are prohibitions against RVs and boats in the front of a property and garbage cans being visible from the street. LCFMC 4.33.020 Nuisances.

Alterations (Article X, Section 2)

Section 2 of Article X of the CC&Rs gives the Board of Governors authority over any change to the exterior of a home or to the fences on a property. This includes changes of any scale to the front as well as sides and rear of the house and/or fences.

Alterations that are pre-approved for all homeowners and therefore do not require Board approval:

            o Replacing windows with windows of same size;
            o Replacing doors with doors of same size;
            o Replacing or painting front entry doors;
            o Adding gutters, if color matches prior approved house or trim color;
            o Adding shutters, if color matches prior approved house or trim color;
            o Painting of exterior, if colors are the exactly the same as prior approved colors.

Alterations that always require Board approval include, but are not limited to, the following:

            o Any expansion of the home or covered patio in either size or height;
            o Any construction of a second floor deck or balcony;
            o Any addition of a door or window where there had not been a door or window;
            o Any change in size of windows or doors;
            o Any change in roofing material;
            o Resurfacing the exterior of the home, whether stucco, brick, stone, etc.;
            o Construction of a fence;
            o Painting the exterior of a home a color other than the prior approved color;
            o Installation of solar panels;
            o All other changes not specifically excluded in the list of Alterations that do
               not require board approval above.

Obtaining Board Approval for Exterior Alterations1

Homeowners planning exterior alterations to their home must first notify the Board in writing. The Board will inform the homeowner what information is required by the Board in order to reach a decision.

If the Board rejects a homeowner’s request for exterior alteration, the reason for rejection will be given in writing. The homeowner has the right to appeal the Board’s decision at the following meeting and the right to propose a compromise to address the reason for the rejection.

It is the responsibility of the homeowner to schedule plan submission and construction start dates in a manner that allows the Board of Governors to do their volunteer duty.

Failure to Obtain required Board Approval for Exterior Alterations

Proceeding with an alteration to a home without required prior Board approval may, in some cases, result in the Association pursuing any and all legal remedies allowed under the CC&Rs and California law.

In addition, and not in lieu of such remedies, a fine of $300 will be imposed on a homeowner for commencing exterior alterations without prior Board approval.  The collection of fines follows the same procedure outlined in the Collection Policy of assessments for the Starlight Mesa Homeowners Association.

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1 Board approval of a modification of exterior appearance, whether a simple change in appearance or an expansion in size, should never be interpreted as approval of plans for engineering, architectural or code standards. The responsibility of obtaining necessary permits and sound and quality construction is solely that of the homeowner.

 

In an effort to maintain the value and upscale character of the Mesa, the Board, after input from the community, has passed the following amendment to the previously passed Policy on Alterations of the Exterior Appearances of Homes.    

Starlight Mesa Roofing Materials Policy

This policy pertains to the portion of any Starlight Mesa house currently covered by roofing shingles or tiles of any type with the exception to a roof’s flat portion. The area currently covered by roofing material shingles or tiles, regardless of slope, is, henceforth, referred to as the “roof”.  On some Starlight Mesa homes, this will include areas with near vertical slopes that have been covered with roofing shingles or tiles.

The Starlight Mesa Roofing Materials Policy prohibits the use of asphalt shingles, commonly referred to as composition shingles in the roofing trade, on any Starlight Mesa house’s roof.  Any Starlight Mesa house with asphalt or composition shingle, does not need to immediately change the roofing material to comply with this policy.  However, a house’s roofing material must come into compliance with the Starlight Mesa Roofing Materials Policy when the roof is replaced or when major repairs to the asphalt/composition shingles occur. Major repairs are defined as the removal for repair, or covering with new shingles, or replacement of 40% of the asphalt/composition shingles.

Homeowners may select any type of tile material other than asphalt/composition.  Presently, choices of tile include but are not limited to slate, clay, concrete, and other forms of lightweight composition tiles. This policy does not dictate the tile type, style, or color to be used on the roof; however, it eliminates a single type of roofing material -- asphalt/composition shingles.

The Starlight Mesa Roofing Materials Policy continues to require homeowners or homeowner’s representatives to receive Board approval prior to altering the roof as regulated by Article X of the CC&Rs.

At the time of the Starlight Mesa Roofing Materials Policy’s adoption, two of the 90 Starlight Mesa houses have asphalt shingles, five Starlight Mesa house have the original but no longer available wood shakes and 83 homes have tiles of various types and materials that conform with this policy.