Guideline Comments
 The following comments have been received to date (5/20/2004) from RUNAWAY BAY Property Owners regarding content of the Draft RUNAWAY BAY HOA Architectural Standards Handbook (4/28/2004):

General
COMMENT:  “Since the committee incorporated the covenants with the architectural standards, I believe the handbook should be re-titled as the "Runaway Bay Homeowners Association, Inc. "Covenants" and Architectural Standards Handbook.”

RESPONSE:  “The Covenants are separate documents and are not incorporated in the Architectural Standards.  However, the authority to issue the standards is found in the Covenants, and as a consequence the standards adopted by the Board are as enforceable as deed restrictions as the Covenants are.”

COMMENT:  “For your consideration for our handbook:
Emergency call numbers to report immediate needs to HOA - call - telephone chain -who to contact example: damaged roadways, trees across roadways, dead wild life
Emergency call box at boat dock for emergencies
Organization of community cleanup of common areas, lake cleanup etc.”

RESPONSE:   “We are adding important numbers to our web page as we think of them and find them, and the NHW (Neighborhood Watch) program will also have some of them. We've also put together a "Vessel Assist" card with names and numbers of folks participating in the program.  Out on the lake, break down, pull out your vessel assist card and call for help. The card also has numbers of police, etc.”
“We will post the names of the Grounds and Maintenance Committee on the web and that is likely the first contact for trees down, etc.   Some of us have discussed a Welcome Wagon approach for new home owners, giving them a packet full of information and numbers. Our web site will be the main source of information but a packet is nice to have when you are first planning to move here.  We've not had time to do much with this idea yet but we will try to get to it.”
“Emergency Call box at dock has not been mentioned before. Might be worth doing.”
“Those living here, that is most of us, are part of the Leesville Lake Association made up of folks from all over the lake. This month we are having a Lake/shore clean up day followed by a picnic the next day.  Many of the Runaway Bay folks are participating and some are cleaning up our own lots and those next to us of debris.”

Mailboxes and 911 Emergency Address Identification (p. 10)

COMMENT:  “… was wondering if you could describe the details for: "e911 Emergency address identification" that need to be displayed with homeowners' mailboxes. This is listed on page 10 of the draft.”

RESPONSE:  The e911 requirement is address letters must be at least 4 inches high, preferably of a reflective material, and mounted on a contrasting color background. Campbell County assigns e911 addresses in the following manner:  the first two digits of the address will be the distance in tenths of a mile from the nearest cross street; the next two digits will be a unique assignment for residences within each tenth of a mile distance from the nearest cross street.

COMMENT:  “ I have no idea of what e911 is. Maybe it could be explained or provide an example?”

RESPONSE:  e911 stands for “Enhanced 911” emergency response service.  Under e911, emergency crews receive position information on the 911 call as well as the nature of the emergency.  Accordingly, local jurisdictions have responded with new addressing schemes as stated above.  RUNAWAY BAY is covered by the new addressing scheme.”

Driveways (p.10)

COMMENT:  Consider the addition of "or until unpaved portion of driveway is not visible from the road" as opposed to just the first 50 feet.  A driveway that is only partially paved may not be aesthetically pleasing.

RESPONSE:  Please understand if our objective was purely aesthetics, we would have sought to have all driveways fully paved.  Our objective here is primarily to protect the cleanliness and integrity of the roadways.  In this light, we feel the 50 foot rule is a reasonable compromise.


Major Exterior Changes (p.11)
COMMENT:  “   on page 11 you speak of "construction debris may not be allowed to “accumulate", how long of a period is allowable especially when a home take 6 - 12 months for completion. I would definitely have the construction crew remove all debris routinely from our construction site.”

RESPONSE:  “On construction debris accumulation, we allow the general contractor to park a thirty cubic yard refuse container on the property during construction. Once full it should be emptied. No time limit. The refuse container must be removed when certificate of occupancy is issued


Decks and Patios (p.12)
COMMENT:  Will you be able to construct a deck out of vinyl (decking,railing)?

RESPONSE:  If you can get someone to build it for you, we would have no objection to the fact it's made of vinyl.  We will be concerned with where it's located on the house and on the lot and whether it's a problem for your neighbors.

Erosion Control (p.13)
COMMENT:  I recommend the second word "resident" be changed to "property owner”.

RESPONSE:  Agree.
Firearms (p.14)
COMMENT:  “ …disagree with the ban of open-air discharge of firearms, hunting and exterior target-practice within Runaway Bay.  As most of you know, I am a hunter and have hunted within Runaway Bay. I have hunted on my own property and in areas where I had been granted permission from [Developer's Sales Manager].  Having hunted for over 40 years, I consider myself a responsible and safe hunter. I would never hunt in areas where it would be an endangerment to others. There are still large tracts of land within Runaway Bay where it is safe to discharge a firearm and hunt. It is legal to hunt in and near large metropolitan areas on private property with the permission of the landowner.  I believe some of the Runaway Bay property owners may have bought some of the larger wooded lots for that purpose. The State of Virginia does not even require that property owners purchase a hunting license to hunt on their property.  I recommend that this item be deleted from the handbook, or that it be revised to indicate that hunting is prohibited within Runaway Bay without the written permission of the property owner and then only in areas approved by the architectural review committee.
RESPONSE:  “ … you may be the most safe and responsible hunter there is. But accidents happen.  And creating an environment for accidents to happen within a development such as Runaway Bay was not what [the ARC] [was] chartered to do. [The ARC] doesn't think [the Developer's Sales Manager] spoke for the Board of Directors, or the rest of the property owners in Runaway Bay when he gave you that “permission.” [The ARC] cannot in good conscience deem any area within Runaway Bay “safe” for hunting, and/or the discharge of firearms.”

REBUTTAL:  “… agree accidents happen and I believe we are more likely to be injured, or even killed, in an automobile collision with a deer than we are from a hunting accident. I believe statistics bear this out.  By not permitting hunting in controlled areas within Runaway Bay, the deer herd will continue to multiply.  Within five years your committee will probably be asked to hire sharpshooters to reduce the herd because of property damage and quite possibly because of frequent automobile accidents with deer. Hopefully, no Runaway Bay resident will suffer injuries because of such accidents.

Please add these comments to my earlier comments and post them on the Web site”

Holiday Decorations (p. 14)
COMMENT:  Holiday decorations? Is there a limit or acceptable display for homeowners? Page 14

RESPONSE:  We limit only the time they can be displayed, not quantity or content. We'll discuss internally whether we need to make a "good taste" proviso on content”

Landscaping and Vegetable Gardens (p. 15)
COMMENT:  “I don't agree to any kind of landscaping needing an application.

I live in Ashburn Farm, in Ashburn, VA.  You can find our architectural standards at www.ashburn-farm.org, under committees, then ARB guide. There are many plantings that are allowed without an application. I know the two properties are not the same but Ashburn Farm is a 3,800 housing development with house values at $300k+ and has been established for more than 15 years. They have very high standards but do allow the homeowners some flexibility.”

RESPONSE:  “With respect to landscaping, we have relaxed our approach considerably from that employed by the Developer. Our primary concern is that your landscaping objectives fit with the neighborhood environment, and also that the number of trees removed will be kept to a minimum.”

“There are only two places where an application for landscaping is required. One is in conjunction with a new home construction request, and then only within 3 months of completion.  This plan is geared to determining foundation plantings and the scope of tree removal planned beyond that already done for home, septic, well, and driveway construction.  The other is for a landscape water feature. [We think] that there's considerable latitude in planning your landscape without ARC governance. [We] hope you agree.”

Off-Road Vehicle Operation (p.15)

COMMENT:  Does this include Golf Carts?  As opposed to banning all off-road recreational vehicles, i.e. ATV's, why not restrict their use to observing posted speed limits on the roadways only.  Some people may want to use ATV's or golf carts to visit the neighborhood facilities (tennis courts, trails, friends, etc.).

RESPONSE:  Operation of golf carts on any street in Runaway Bay is not precluded.  Virginia Motor Vehicle Code allows licensed operators to operate golf carts on Virginia public roads having a speed limit of less than 35 mph.  We do however preclude operating an ATV or off-road motorcycle on any road in Runaway Bay.  Virginia Motor Vehicle Code restricts ATV's from public roadways, and public lands, while by definition an off-road motorcycle is one designed exclusively for off-road use by an individual driver.  Use of an ATV on an individual's lot would be allowed.  Use of an ATV on any other private land requires written consent by the owner of such land according to Virginia Motor Vehicle Code.


Permanent Grills (p. 16)
COMMENT:  I object with permanent (built-in) grills needing an application as it is written.  I'd like to see some definition of what is considered a "built-in" grill. For example, is it something that is within a structure like brick, stone, or concrete? Would a permanent gas line to the grill be considered a permanent grill?  Our HOA doesn't require an application but it states that grills must be placed in the rear of the house and must not be within 10' of the side and rear property lines.  I could see a large structure wanting to be reviewed but something less elaborate may not need to be.

RESPONSE:  (TBD)
Property Maintenance (p. 17)
COMMENT:  “…recommend item one be changed to read Lawns in excess of "12" inches in height .... During periods of a lot of rain, the grass grows very quickly.  I cut my lawn yesterday and in spots it was more than 12 inches, and this was only seven days after the lawn was last mowed. Some non residents may not be able to visit the development weekly to maintain their lawns at 6 inches.    Also, the road perimeters will probably only be mowed once a month, meaning the height of the grass along the roads will easily exceed 6 inches. We should not require property owners to do more than the HOA.”

RESPONSE:  “This is an “I say tomato, you say to-mah-to” argument. And, we can't set separate standards for residents and non-residents.  Your suggestion of 12 inches maximum grass height may be a better bench mark, but like any bench march, “once set … it'll be tested.” We felt the lower standard gave more flexibility in warding off problems. We'll discuss this internally for resolution.”

Signs (p. 18)
COMMENT:  “This item does not include signs for the selling of a residence/property. I understand why the developer prohibited such signs, but don't understand why the HOA would.  I believe it is unfair to prevent someone from advertising the sale of their home/property. If it is for aesthetic reasons, than I believe the ARC could define the number(s) and proportions of a suitable sign.

RESPONSE:  “, the Restrictive Covenants of Runaway Bay, under `General Use Restrictions', at Paragraph 20 states:
`No billboards or signs of any description shall be displayed upon any lot with the exception of those approved by the Declarant, or if the Declarant designates, by the Committee. The Declarant reserves the right to place and maintain appropriate development signs at the entrance to this Subdivision. All sign colors must be approved by Declarant, or if Declarant so designates, by the Committee. Declarant also reserves the right to erect and maintain signs designating streets, boat landings, recreational areas, and any other sign that will aid in the development of RUNAWAY BAY.'
Moreover at Paragraph 6, it is stated: `There shall be no signs, fencing, or parking permitted within the road right-of-way.'
There are reasonable alternatives to posting “for sale” or “for rent” signs on one's property.  In this light, we felt there was no reason to alter the policy the Declarant [Developer] already had in place.”

Signs (p. 18)

COMMENT:  Add after "General Contractor", the phrase and/or Subcontractors.  People who are looking to build in Runaway Bay are not only looking for good "General Contractors" but good "Subcontractors" as well.

RESPONSE:  The Covenants of RUNAWAY BAY are explicit in restricting signs to an absolute minimum.  There are reasonable alternatives to placing signs at each construction site.  We are happy to list any subcontractor on our Web Site.  A number are already listed there.


Windows and shutters (p. 20)
COMMENT:  “…on page 20, the "Windows & Shutters" section. My house drawing shows the front of the house with grids, and the back of the house without grids. I do not want my lakeview windows to have grids. My drawing was approved by River Oaks prior to the transition.  Aesthetically, grids on the road side, and no grids lake side look fine. Most likely, nobody would even notice. I just do not want it to be an issue because it conflicts with the proposed architectural standards Just as a footnote: My current home is the same  grids facing the street,no grids facing the beautiful wooded lot.

RESPONSE:  Excellent point. We'll recommend rewording this paragraph as follows:
“It is important to remember that when replacing windows, to maintain balance throughout the house. For example, on a given side of the home, if the windows have grids (also called mullions and stiles), all the windows should have grids; if they are all solid pane windows, all the replacement windows should be solid pane. This would allow windows on the road side of the home to have grids, while on the lake or mountain view side of the home to have solid pane windows. The outside of the windows should match the trim of the house; if not; white or a neutral color that does not clash with the overall color scheme of the house is required.”

Windows and Shutters (p. 20)
COMMENT:  The sentence "the outside of the windows...does not clash with the overall color scheme...” … Does this preclude the common practice of using Greens, Burgundies, etc.on the windows on a house when the trim is not the same color?

RESPONSE:  We don't feel the sentence, as written, precludes judicious use of color.  But to allow for situations as you describe we'll eliminate the word “neutral” and substitute the word “judicious.”


Section VII.  Parking (p. 23)
COMMENT:  “Could you address electric or 4 cycle carts in "our" handbook" that my wife and I want to buy and use to travel around the roads in Runaway Bay!  Especially since we have elderly parents at ages 88 and 98 who we want to be able to show around our community.  We do not want to use our car or truck to travel around once we begin living in Runaway Bay.”

Virginia allows “low speed vehicles” LSV's such as golf carts to operate on public roads having speed limit less than 35 mph.  Operators must be licensed and the LSV must be registered.
Low-speed vehicles are exempt from almost all safety standards applying to cars. The only safety requirements for the vehicles are a windshield, mirrors, headlights, signal lights, tail and brake lights, reflectors, safety belts, and a parking brake. Low-speed vehicles do not have to have doors or bumpers, and they are not required to meet any crashworthiness tests.”

COMMENT:  “…what are the posted speed limits for vehicles in the community?

RESPONSE:  “  The answer to your question is found at: www.virginiadot.org/comtravel/faq-speedlimits.asp . There you'll note that the unposted speed limit for most business and residential areas is 25 mph.  However, on secondary roads (number 600 and above) such as Mt. Airy, the speed limit is 55mph for cars and 45mph for trucks.  As our roads will ultimately all be VDOT maintained, it will be VDOT's responsibility to post these limits.  Our role as the HOA will be to petition changes, if required.”

COMMENT:  [What about] vehicle Identification decals for Runaway Bay homeowners to help ID persons living in the community and those loitering?

RESPONSE:  “  We plan to get vehicle information on every property owner as part of our Neighborhood Watch (NHW) program. If we decide to go with Decals as you suggest, it would help us quickly identify a property owner vice others so that might be something we should consider.”

COMMENT:  What happens if the boat storage area fills up?  Where are people to park their recreational vehicles?

RESPONSE:  You pose a good question.  We don't have a good answer, right now!

Section VII Parking, under Commercial Vehicles (p. 24):
COMMENT:  Does this preclude pickup trucks and vans with company logos on the side being able to park in their own driveways?

RESPONSE:  We feel your comment is directed to the statement under Parking Restrictions reading, “Overnight parking of commercial vehicles not supporting new residence construction, and any parking of unserviceable vehicles is prohibited on the homeowner's property and in the streets of RUNAWAY BAY.”  

This is to restrict contractors and vendors from parking commercial vehicles overnight in RUNAWAY BAY.  It would not preclude a property owner parking a commercial vehicle with company logos used for home to work transportation in their own driveway.  However, in this light, we would not expect to see more than one vehicle of this type being used for home to work transportation.



ATTACHMENT B: RUNAWAY BAY EXISTING HOME ARCHITECTURAL IMPROVEMENT REQUEST FORM (p. B-1)

COMMENT: I am questioning the review fees for items that are not major construction. For example adding a deck, fence, pool... Adding fee relative to project cost also benefits someone who is doing the work themselves. Their cost (and fees) will be lower.

RESPONSE: The imposition of review fees for modification or alteration projects is something we feel is justified to cover administrative costs associated with our reviews. These include phone and fax, filing and storage, copying, mailing, etc. costs, as well as the pro-rata cost of administrative assistance. In addition, most times, we will need to consult with tradesmen for advice in assessing the project’s viability. There are often charges for these services.
The cost of reviewing a “home” project could be higher than that quoted by a professional, because the projects may be less well-planned and as a result applications are likely to be incomplete with data required for approval.

We are mindful that this process is not to be a money-making enterprise for the HOA. We considered a variety of schemes to recover these costs that ranged from multi-tier to a flat rate. We felt this sliding scale to be a fair and equitable assessment based on a range of costs likely to be associated with home improvement projects.