Home Owner proposals waiting to be reviewed by Home Owner Assembly
PROPOSALS SENT BY OWNERS IN MAY, 2021
FOR HPV DESIGN GUIDELINES UPDATING
OWNER #1, : Rick Durvin
1. There must be a designated driveway and parking area located on every lot compromised of quality road materials. The size must accommodate at least one vehicle.
a. The reasoning: To ensure that lots are not having vehicles parking anywhere on them which is unsightly and harms the value of homes in
HPV
2. As Telmex cannot provide reliable internet service, we must make the opportunity for private internet providers to install their equipment on the roofs of homes in HPV
a. The reasoning: The current bylaw was written many years ago when the concern was television satellite dishes on roofs. Internet was not even a consideration in that time.
3. As mandated by SEMARNAT, all native vegetation on at least 50% of the área of each lot must remain intact.
a. This was taken into consideration in the early approvals of lots in HPV but is now not being observed by the remainder of HPV homes. To tear out the natural desert vegetation and replace it with large plants that require extensive watering, creates a huge increase in the demand for water by the community. As the ever-growing scarcity of water becomes increasingly critical in our area, we must pay attention to this matter. We should NOT be bulldozing the new lots and putting in almost exclusively the flower beds for extensive watering.
OWNER #2, PROPOSALS: Jane Peters
4. Homeowners should be responsible for their contractors and will be fined if their contractor breaks any rules. NO working on Sundays at all. 6pm deadline Mon – Friday Saturday 12 noon. . Clean up must be made daily.
5. Satellite/ Wind Turbine / TV dishes /oversized A/C units etc. should not be higher than approval of the assembly.
6. Design Review Process
The committee will respond within one week.
7. An administration fee of 4,000 pesos will apply for ALL review processes, including, new construction, and improvements to existing contractions, modifications, additions and upgrades part of these funds should be placed into HPV account and not all to the private architect .
8. Architectural Standards
Maximum size of the house should not exceed 2,500 sq (233m2). ft. Also not exceed the 25% footprint. The only exceptions to the bylaws are defined in Article 22 of the Condominium bylaws of HPV.
9. All Designs submitted to the committee must include the complete package. If not, they will automatically be rejected.
10. Areas not left fully natural or landscaped will forfeit their deposit or pay a fine.
11. Architectural Character
Mexican rustic or Spanish Rustic. ONLY. To harmonize the appearance of similar HOMES in HPV. Contemporary, modern homes will not be accepted.
12. Protection of Panoramic Views with a maximum height including all buildings, palapas and outbuildings.
13. Acceptable Façade colors. Should be natural and fit into the color scheme of HPV
14. Landscape must be with drought resistant plants only. Xeriscaping or Natural Baja Sur Desert plants.
15. Main Entry Doors to fit into the Mexican Style (Wood /Iron} Not white or modern
16. Windows cannot be white or modern, must fit into the Mexican Style of homes
17. No Exceptions can be made to allow modern (Las Vegas) designs. Oversized pools or terraces.
18. Maximum of 10,000 liters water cistern her household and 20,000 liters for top of the hill.
OWNER #3, PROPOSALS: Rainer Peters
(Chapter VII, Article 12 and 13 Architectural Control) General problem:
19. The members of the Design Committee should be voted in each year by the General Assembly with the condition that they are “owners”. Only owners can guarantee the interests of the community.
20. The committee is supposed to work as a team with common final decisions, made by internal votes.
21. At the end of each construction, improvement etc. there is the need of a revision, to make sure all conditions were fulfilled. Only then the construction deposit will be paid back.
22. The fees for all review processes have to be paid in advance.
23. There is a legal condition that there is a certificate of compliance to be delivered along with the design guidelines, when the Notary Public is executing a purchase deed or trust deed.
24. Page 1 Paragraph – “exceptions. Exceptions to any Bylaws can only be granted by the GENERAL ASSEMBLY in form of a ballot with a special Majority of 75% – following the Condominium Regime Law of BCS.
25. Page 3 Architectural Standards 3.c The definition of the “FOOTPRINT’ of the house has to be changed as follows: footprint must include, roof covered areas, garages, swimming pools, decks, terraces and all other construction areas, which diminish the natural vegetation.
26. Page 5 – 8 Architectural Character 6.a The design should be limited to Mexican Rustic or Spanish Colonial Style to harmonize the appearance of new houses to the already 54 existing houses.
27. Architectural Character 7.a To protect the panoramic views, not only the height of the buildings should be restricted, but as well the placement of the house in relation to the lot seize and the neighboring houses.
28. Architectural Character 8.c The definition of “SOLID ENCLOSED BUILDING FOUNDATIONS” has to be specific: No arches or columns, no windows or doors – exactly following the example drawings in the guidelines.
29. Architectural Character 12.c Equipment on the roofs should be banned from view except small Internet antennas the same as the antenna on the roof of the club house.
30. Architectural Character 16.a iv The Laws of Semarnat should not constantly be violated, this might create future legal problems.
31. Architectural Character 19.a ii Construction activity should only be permitted between 8.00 AM and 5.00 PM, Monday through Friday.
The Condominium Regime Law of BCS clearly states that every owner has the right to a quiet and peaceful cohabitation on his property.
OWNER #4, PROPOSALS: Karen Hertel
32. Motion that Clause 1 b. be amended by adding the following sentence written in red, after the second sentence.
Conceptual Design Review – When the initial design for the project has been prepared, conceptual drawings must be submitted to the Design Review Committee for review and approval. This review covers site planning, architecture, landscaping and grading. The review will also include sending by email the initial design for the project to homesite owners in Haciendas Palo Verde whose views will be reduced by more than 50% by the project (“Affected Homesite Owners” or “Affected Homesite Owner”, as the context allows).
33. Motion that Clause 1 c. be amended by adding the following sentence written in red, at the end of Clause 1 c. ii.:
The review shall include providing copies of the final design, by email, to Affected Homesite Owners within 15 days of review by the Design Review Committee.
34. Motion that Clause 7 a. be amended by the addition, or substitution of wording, as the context allows, written in red:
a. In order to protect panoramic maximum views for each homesite, a maximum height has been established for each homesite. This enables buildings on higher parcels to look over and between buildings on lower parcels.
35. Motion that Clause 7 b. be amended by the addition, or substitution of wording, as the context allows, written in red:
b. Subject to Clause 7 a., the maximum allowable building height for each one story homesite is 5 meters (16 ft. 5 in) above the natural grade reference point and 7 meters (23 ft) above the natural grade reference point for twostory homesites. Natural grade reference point is defined as the level of the single highest natural topographical point of the home’s footprint.
36. Motion that Clause 7 c. be inserted after clause 7 b. with the following wording in red:
c. If a proposed homesite under these Design Guidelines will block more than 50% of current views of a homesite owned by an Affected Homesite Owner then the owner of the proposed homesite will consult with the Affected Homesite Owner with the purpose of maximizing views for all homesite owners. Under no circumstances will a proposed homesite obstruct more than 33% of the views of Affected Homesite Owners.
37. Motion that Clauses 7 c., d. and e. be renumbered 7 d., e. and f., respectively.
OWNER #5, PROPOSALS: Gerhard Waterkamp
38. Empty lots:
I was not able to find guidelines regarding the upkeep and appearance for empty lots and would suggest we add some policies to our bylaws:
a. The bylaws express the desire for a natural look of HPV and normally empty lots are kept in their native state. But there are no policies except for construction (more later) how empty lots may be altered or changed. We are living in a desert area and any change to vegetation of a lot will have a long-term effect.
If a lot owner decides to remove plants, grade roads and utilize the lot as storage for gravel or landfill there is nothing I could find that would regulate that. We do have rules for construction cleanup on built lots and should have similar rules for empty lots.
I think the HOA members have a vital interest to keep the appearance of HPV pleasing and in a natural look. I suggest in the interest of all owners that we add a policy for changes to empty lots.
The simplest way would be to expand the existing rules for construction and modifications that typically apply for new homes to any changes to an empty lot.
I suggest any changes to empty lots that disturb the grounds, remove natural vegetation in a significant way as to change the visual appearance of the lot need to go through the design review board and can only be done with written approval. The same would apply if lot owners would like to use their empty lot to store construction materials.
39. Modifications
a. There is a grey zone what type of modifications need a design review and approval.
My suggestion is to add some language to the appropriate place that define which modifications need a design review stating these criteria’s.
i. Visible change in the appearance of an existing structure
ii. Activities that break ground and result in earth movements other than landscaping
iii. Changing the grade on a property
40. Story home / multilevel homes
a. I believe our current guidelines are unclear and will need some clarification.
What is missing are rules about multi-level homes.
Definitions:
A story is a freestanding level of a home, exposed to all sides.
A 2-story home has 2 freestanding levels on top of each other with identical footprint for both levels.
A 1.5 story home is a multilevel home with 2 freestanding levels with the upper level having a smaller footprint than the lower level.
A multilevel home can have 1 story and other levels that are not freestanding.
Our guidelines and bylaws have no rules for multilevel homes.
The design guidelines may imply that multilevel homes are not permitted, but that is just one interpretation.
One could argue multilevel homes violate the goal of keeping the overall appearance of hacienda style homes and changes the desired characteristics of HPV. The theme “castles on a mountain” does not necessarily fit in our community.
I propose to modify the design guidelines to explicitly disallow multilevel homes in HPV.
I do know we unfortunately one precedence, so i think it is important to address this as soon as possible.
41. Architectural review board
a. Member requirements
i. I think it is important that property owners are represented in the Architectural review board with majority, and we should update the bylaws accordingly
42. Construction Audit
a. The fees for the plan review should include a fee that covers an independent Audit of the finished building by a surveyor with a written report to the HOA to ensure construction did follow the plans.
43. Deposits
a. I propose and update of the deposit for construction $75,000 pesos for construction up to 199m2
b. $100,000 pesos for construction between to 200 and 299m2
c. $150,000 pesos for construction over 300m2
i. The reasoning is to adjust for inflation and account for the larger projects we are seeing. The current deposit does not seem to be a large enough incentive to follow the rules, as with larger projects it becomes less and less significant in the overall costs.
45. Build a reserve font for street repairs and fund it by requesting a 1000 pesos access fee for vehicles with more than 3 axles.
Background: Due to heavy vehicles our roads are deteriorating rapidly and will not achieve the normal life span of an asphalt road. This is due to the increased use of heavy equipment in construction work. One heavy duty truck has the same wear and tear as 9600 normal cars.
To repair the street Homeowners will have to pay a large assessment. We need to start building a road fund now. Requesting a contribution from guest users who cause enormous wear and tear on our roads is only fair.
46. Create the necessary conditions for AGM meetings by email. Email meetings can be held much more rapidly and with less effort by the Administrator/Manager and homeowners can participate much easier.
OWNER #6, PROPOSALS: Martin Levman and Sandra Pineau
44. No further than 7 meters building should be permitted
OWNER #7, PROPOSALS: Jean Lacocque
47. All the exteriors have to be in good shape:
a. No Paint peeling on walls, fences, etc.
48. All the exterior landscaping has to be in Good shape and with the proper quantity of plants.
OWNER #8, PROPOSALS: Francisco Vergara
49. 3ad. The areas not covered by the building must be completely natural or as a garden to preserve the natural vegetation.
a. Comment: Using the word natural would justify someone not tidying up their garden. It conflicts with the gardening section. Important to specify
50. 5 c iii. Solid walls and galvanized cyclonic mesh should be prohibited, fences between neighbors and at the rear of the properties may be the same specifications of “5.b, or of Steel Grating OR cyclonic mesh of green color. Or similar materials at the discretion of the architectural committee that guarantee not to obstruct the panoramic view of the neighbors, quality, and permanent appearance.
a. Comment a: The text gives an option to 5.b, that is, if a perimeter wall can be made with material and ironwork. Personally, it doesn’t seem bad to me, it looks better than the steel fence, but according to what has been discussed, it is an option that is not wanted. If that is the case, it is necessary to write it in the bylaws.
b. Comment b: It says cyclonic mesh, I understand that you cannot use cyclonic mesh, it is necessary to write this . Be careful with Malla’s spelling, Maya says.
c. Comment c: I think that other options should be given to the steel grating, honestly the steel grating, although it does not look bad, I think it does not match the value of the properties, I think that if it is an element that reduces the capital gain of the fractionation. Sure there are other solutions of higher quality that meet the restrictions (i.e. that allows the view). Along these lines, I believe that the option should be opened, that it allows both steel grating and some solution that does not obstruct the view, subject to the approval of the committee.
51. 7.d The construction of a small single wooden pergola on the roof of the first level of any home will be allowed, as long as it is not a significant visual obstruction and does not exceed the height restrictions for two-level homes. No sloped or palm roofs allowed.
a. I think that the two-level lots should be allowed to have a pergola, the two-level lots do not block the view of the neighbors. Therefore, the scenario of a two-story house with a pergola would not generate conflict, added that architecturally it would not be a situation that would affect the capital gain of the subdivision. On the other hand, allowing two-story houses to have a pergola would give the owners the opportunity to have a view of the bay unobstructed by those 1story houses with a pergola as well as to take better advantage of their construction.
52. There are several ambiguities that I think should be clarified to avoid interpretation. For example, “Colors should reflect the spirit of development (Traditional Mexican Style)”, this phrase says nothing. For example, a foreigner thinks of bright colors when he thinks of Mexican style, and on the other hand there are no traditional Mexican style colors, at this specific point I think it would be better to give a color palette or a range. In the same way in another section, it says that you cannot bright colors, according to my perception there are some bright houses.
a. This of the colors is an example there are several things like that in the document I think it is important to specify the wording, this can reduce conflicts.
b. Finally, I think that the regulation should be better enforced, since for example there is the issue of antennas (even the casa club has), I have also seen some arches with straight lines and other details in the constructions that are explicitly not authorized in the rules. As for the antennas, as a community, we can look for a solution.
OWNER #9, PROPOSALS: Water Committee
53. Establish a policy for maximum pool size. No more than 30 m2 water surface.
54. Make Greywater systems mandatory for new construction.
55. Establish a water conservation program at HPV
56. Installation of a water meter at the entry point to HPV
57. Have the administrator collect water meter readings from property water meters once a month.