Most, but not all, homes in Lake San Marcos are subject to Covenants, Conditions and Restrictions (CC&Rs) which are recorded with the property. The CC&Rs document is a legally binding agreement which you have with the other owners in your tract. The purpose is to maintain the quality of the neighborhood by listing things that you can’t do, and things that you must do, as a homeowner in that neighborhood. Abiding by the CC&Rs is a basic part of being a good neighbor.
Some HOAs enforce their own CC&Rs, but approximately 800 of the homes in LSM have CC&Rs (the document name is Declaration of Restrictions) which are enforced by the Architectural Control Committee (ACC). The ACC is a duly constituted committee of the LSMCA, which has vested in the ACC the responsibility for interpreting, applying and enforcing the terms and conditions of these CC&Rs. If your home is subject to CC&Rs, you should have received a copy at the time of purchase. If you have a question as to whether your home is subject to CC&Rs enforced by the ACC, please contact the office. If the ACC does enforce your CC&Rs, the office will be able to provide you with a copy of the CC&Rs that apply to you.
The ACC has conducted a comprehensive review of the residential units which have been built and/or remodeled in accordance with the architectural standards established by clear and present example through historic custom and practice and by the existence of those structures which are the result of said custom and practice. It is the intent of the ACC to ratify, codify, apply and enforce those architectural standards, which have been clearly in existence and have been consistently enforced since 1964. All exterior changes (including paint color), additions, modifications, remodeling, or landscaping changes require prior approval before your scheduled start date. Not all requests for architectural approval are granted. The ACC has established general guidelines for additions, remodels, and changes and/or alterations to properties in Lake San Marcos. In addition, the ACC handles complaints regarding violations of the CC&Rs.
The guidelines below should be viewed as general rules for altering and maintaining your property to keep up the attractiveness, consistency and property values within the community, and for maintaining good relations with your neighbors. The ACC understands that styles and demographics change over time and will accommodate gradual change to the community, but also understands that residents expect that the neighborhood they moved into will maintain its general appearance.
Within Lake San Marcos there are 18 tracts with CC&Rs enforced by the ACC. Many of these documents contain identical language, but there are at least six different base documents that are found in these tracts. The ACC’s job is to enforce the language of these documents, not the general guidelines below, so please consult your CC&Rs when planning a change to your property and filling out the Architectural Change Application that can be downloaded below.
1. The proposed exterior changes, detailed in plans submitted by the applicant at least 30 days prior to the scheduled start date, must comply with historically established architectural requirements as confirmed by the Committee, with respect to structural features of the building, type of materials used and the location of the building with respect to the topography and finished grade elevation.
2. The changes, as proposed by the applicant, must not become an annoyance or nuisance to the neighborhood.
3. All lots shall at all times be kept in a clean and wholesome condition. No trash, garbage, litter, junk, boxes, containers, cans, machinery, implements, lumber or other materials shall be permitted to be kept or remain exposed on a lot or be visible from adjoining or nearby premises. The landscaping and the exterior of the building shall be maintained in an attractive manner at all times. No recreational vehicles, recreational equipment, storage containers, trailers, boats, etc., whether permanent or temporary in nature shall be placed or located on the streets, driveways or lots for more than ten days per year.
4. Landscaping should not be altered or increased to obstruct the views from adjacent properties.
5. The exterior finish, the color and architectural style or character of the proposed changes must be deemed suitable in view of the architectural style and character of structures erected in the neighborhood. Exterior colors, if changed from existing, must be submitted for approval.
6. Vehicle parking should not unnecessarily prohibit neighbors from enjoying use of the street for their guests parking and maintenance vehicles. No vehicles of any sort shall be parked on any lot except in a garage, a carport or a driveway. Parking of vehicles in yards is not allowed.
7. Changes that affect existing views of the golf courses or lake require written approval from affected property owners.
8. Additions, covering of atriums, enclosing of patios and/or changes to the building shall not exceed the height of the present roof line.
9. The addition of roof solar panels or small satellite dish antennae should not adversely impact the general character of the neighborhoods. Overall height of the antennae should be kept below the ridge line of the roof.
Show how your project fits onto your lot, including streets and setbacks.
Show how your project will appear to someone looking at it from the ground.
Story poles on the actual site allow others to see the dimensions and placement of your project.
Your landscaping plan allows us to imagine how the plants will possibly alter the view as they grow.
Submit your application, including all plans, signed by you (the owner) and your neighbors, to the ACC, which might suggest some changes.
With an approved plan, your contractor can begin work.