There are two documents that discuss what architectural changes desired by Berkshire Villa homeowners need to be approved by the Architectural Control Committee (ACC). The first document is the Declaration of Restrictions to the Berkshire Villas Homes Association (referred to as the Villa's Restrictions or just Restrictions. Keep in mind that the Berkshire Homes Association has their own Restrictions that apply to their neighborhood. The second document is the Berkshire Homes Declarations (referred to as the Declarations or sometimes called the Homes Declarations, but perhaps a better name may be the "Master Berkshire Homes Association Declarations" since there is only one such document). This shared document between the Villas and the Homes Associations and has not been amended or updated since it was written over 30 years ago. Some portions of this document are ambiguous, some are unclear, and some are actually incorrect, the Villas Board has attempted to update and to clarify the Declarations in concert with the Homes Association Board for several years with no results. The Villas Board has therefore chosen to post a summary of its interpretation of the Restrictions and Declarations as to which architectural changes do and do not require approval from the Architectural Control Committee (ACC). This list is merely a summary list of architectural changes that require ACC approval and therefore should not be considered a definitive list. It is best to submit any anticipated changes to the appearance of your home or property to the ACC with an Architectural Change Request Form found under the Pages column on left side of each page of this website and to refer to both the Declarations and Restrictions for specific details.
Thanks for you cooperation in maintaining the look and desirability of the Berkshire Villas neighborhood.
The Berkshire Villas Homes Association Board.
Items That Do Require ACC Approval
- Structural changes to the house such as a room addition or modification that changes the outside appearance of the house.
- Exterior painting that changes the existing color of the stucco, trim, doors, garage doors, windows, etc.
- Replacement of windows and/or exterior doors (including garage doors) if such changes materially change the appearance.
- Major changes in the scale, scope, and/or design of the existing landscape including the replacement of or change of the existing landscape border with a new type of landscape border or material.
- Street trees, which are ash trees, should not be removed by homeowners. The ash trees are considered an essential part of the look and feel of the Villas neighborhood; and therefore, the Villas Homeowners Association has taken responsibility for trimming, treating, removing, and replacing Villa Street Ash Trees.
- Roof replacement.
- Replacement or repair of the existing patio and/or privacy fence with a different type, style, or color of material. Changing the location of the existing patio or privacy fence is not allowed by the Restrictions
Items That Do Not Require ACC Approval
- Exterior painting and touch up that does not change the current color of the stucco, trim, exterior doors, garage doors, windows, etc.
- Replacement of windows, trim, and/or stucco with the same (or substantially similar) type, style, and color of material.
- Replacement of existing landscape plantings (with similar or different plantings).
- Roof repair with the same color and type of shingle. Roof replacement must have ACC approval.
- Replacement or repair of portions of the existing patio and/or privacy fence with visually similar type, style, and color of material.
- Removal of “less than healthy” trees (other than street ash trees discussed above). Replacement of removed trees is fine but not required.