Myth Busters – Martins Farm HOA

The Board of Directors and the Architectural Review Committee have worked together to create this “Myth Busters” page for your information. Through the years many neighbors have approached us (and previous officers) stating “so and so told me this is ok”. We thought this might help clarify some of the more commonly held misconceptions. We have also noted the corresponding covenant, which you may view in its entirety on the Covenants page.

Your Board of Directors has a combined tenure of 30+ years dealing with our covenants and helping our community. Please DO NOT HESITATE TO ASK US IF YOU ARE UNSURE. It’s better to ask for permission than forgiveness, and forgiveness may come with fines, etc., which no one wants. Just drop us an email at: MartinsFarm.HOA.BOD@gmail.com.

We try to respond within a few days and NO question is too small.

Myth: I can do whatever I want in my backyard without Architectural Review Committee approval as long as it cannot be seen from the road.

Truth: Approvals are required for ANY exterior changes, regardless of where they are located.

6.2 No exterior construction, addition or alteration shall be made unless and until plans and specifications showing at least the nature, kind, shape, height, materials and location shall have been submitted in writing to and approved by an Architectural Review Committee.

Myth: I can park on the street because the town owns the street.

Truth: Our neighborhood is governed by mandatory covenants which prohibit on-street parking. Think of it like this: It’s not against the law to paint your home purple, but our covenants don’t allow that so you may not paint your home purple.

7.4 Vehicles shall be parked only in appropriate parking spaces or designated areas. No on- street parking, other than in connection with special events as approved by the Board of Directors, shall be permitted within the Community. All parking shall be subject to such rules and regulations as the Board may adopt.

Myth: I can cut down a tree without approval because it’s small, even though it’s a flowering tree.

Truth: Removing a tree can radically change the look and beauty of a neighborhood. (Take a ride through some of the newer subdivisions to see the difference.). Sometimes a tree must be removed for various reasons, but before proceeding you MUST submit the tree removal form and wait for approval. Removing a tree without approval will incur a fine of $750 PER TREE.

7.11 Tree Removal. No trees that are more than four inches in diameter at a point 12 inches above the ground shall be removed without the prior written consent of the Architectural Review Committee. However, no ornamental or flowering trees, including, but not limited to, dogwood trees, cottonwood trees, cherry trees or apple trees, regardless of diameter, shall be removed without the prior written consent of the Architectural Review Committee.

Myth: I can install a satellite dish, antenna, etc., where it is best for me and don’t need approval.

Truth: There are a few satellite dishes visible that were installed many years ago.These are being removed as the homes sell and no new dishes are being approved that are visible. You may refer to the letter on our website further detailing this matter. You DO need to submit a modification form and wait for approval before installing a dish, antenna, etc.

7.10 Antennas. No exterior antennas, receiving dishes or similar apparatus of any kind for receiving or transmitting of radio or television signals shall be placed, allowed or maintained upon any portion of the Community, including any Lot, without the prior written consent of the Architectural Review Committee. No such apparatus shall be placed on any Lot in such a manner that it is visible from the street in front of the Lot.

Myth: If other people have done it, I can do it as well.

Truth: Our neighborhood has mandatory covenants and bylaws which we do our very best to abide by. Occasionally a situation arises that will warrant a compromise. When that happens, the Board of Directors does their absolute best to mitigate the issue while keeping the spirit and design of the covenants/bylaws in place. But because ONE exception is allowed, that does not mean it replaces any covenant/bylaw or that exception will be applied again.

6.6 Variances. Not with standing anything to the contrary contained herein, the Architectural Review Committee shall be authorized to grant individual variances from any of the provisions of this Declaration and the architectural guidelines if it determines that waiver of application or enforcement of the provision in a particular case is dictated by unique circumstances, such as, but not limited to, topography, natural obstructions, hardship, aesthetic considerations or environmental considerations and would not be inconsistent with the overall scheme of development for the Community. No variance shall (a) be effective unless in writing, (b) be inconsistent with the overall scheme of development for the Community, or (c) estop the Architectural Review Committee from denying a variance in other similar circumstances. For purposes of this provision, the inability to obtain approval of any governmental agency or the issuance of any permit, or the terms of any financing shall not be considered a hardship warranting a variance.

Myth: Once I have approval for my project there’s no deadline to begin or finish my project, and the approval has no expiration date.

Truth: Approvals are valid for one year from the date of the approval letter. If your project is delayed beyond that date, you must reapply. You must also provide a reasonable completion date THAT WILL NEED TO BE APPROVED BY THE ARC/BOD. Projects may not remain unfinished for years.

6.3. If construction does not commence on a project for which plans have been approved within 12 months of such approval, such approval shall be deemed withdrawn, and it shall be necessary for the Owner to resubmit the plans to the Architectural Review Committee for reconsideration.

Myth: I don’t need approval to paint my home and can use any colors I want.

Truth: We receive many questions regarding painting every year and have included below some of them below. You may find more information under the “forms and documents” tab, “request to paint”.

Can I choose any colors I want?

No, you must choose from the approved color palette on our website: MartinsFarm.com: Sherwin-Williams Homeowners Association Color Archive (sherwin-williams.com)

Can I mix and match colors from different color schemes?

No, you must use the approved combination. However, if your chosen scheme has a white or black that is muted and you would like a brighter white or black, include that with your request to the ARC and they will respond to let you know if you can substitute a brighter shade.

Do I have to use all three colors, can I just use two?

Yes that’s fine.

What happens if I paint without written approval?

You will incur an immediate fine of $250 and may be required to repaint your home, at the ARC’s discretion.

I want to repaint my current color, is that ok?

No, you must choose from our approved colors with the following exception:

This is the only exception: You will be required to prove the current color is the original color (from the mid-1990’s), either by a paint can from the first painting or with a dated picture clearly showing the color.