Bills of Assurance

 

 

            Otter Creek is a unique community, offering a combination of natural beauty, recreational facilities, and family-oriented activities. As residents we enjoy these benefits; however, we must also assume the individual and collective responsibility of maintain Otter Creek at the high standards under which it was originally developed. Some of these responsibilities are included as restrictions in the Bill of Assurance which is a legally enforceable document that governs the use of all land in the Otter Creek community.

 

            Recently, in an agreement with the Otter Creek developer, the Otter Creek Home Owners Association Board of Directors assumed the responsibility for administering the Bill of Assurance for all properties, once the property is occupied. The Developer, however retains the responsibility for new construction. The Board of Directors, acting as the Architectural Committee, is directly responsible to the Otter Creek Home Owners Association to enforce the Bill of Assurance in an equitable and consistent manner to maintain the attractiveness of Otter Creek for all residents, now and in the future. As property owners we are required to comply with the Bill of Assurance.

 

            The restrictions listed in the Bill of Assurance are numerous, and include practically all uses of the land – from building fences to drilling for oil. Although a large number of the restrictions do not require attention on a day-to-day basis, there are several that do need periodic review by property owners to insure compliance with the Bill of Assurance. If a property owner desires to make a change in the exterior appearance of his house or grounds, he must first receive approval of that change by the Architectural Committee. For example, if a property owner wants to change the color of his house, Committee approval is required; however, if the color is to remain the same, Committee approval is not necessary. It is important to note that in alterations such as building a fence or room addition, Committee approval does not supplant the need to secure a building permit from the City of Little Rock.

 

            The Architectural Committee seeks our cooperation in these matters and is committed to work with the property owners in every way possible. Anyone who has constructed facilities or made modifications to their property without Architectural Committee approval (for whatever reason) should immediately make proper submission to the Committee.

 

1.     No building or other structure shall be altered on any lot until the building plans and specifications, the exterior color scheme and materials, and the plot plan showing the location and facing of such building, have been approved in writing by a majority of an Architectural Committee (i.e., all modifications shall be architecturally compatible with the existing buildings and structures using the same materials of construction).

2.     No residence shall be altered or permitted to remain on any lot other than one detached single-family residence and a private garage or carport for not less than two (2) cars.

3.     No outbuilding or other detached structure appurtenant to the residence may be erected on any lot without written consent of the Architectural Committee (i.e., satellite dishes, storage buildings, dog pens).

4.     No ashes, trash or other refuse shall be dumped upon any vacant lot or common area, nor shall anything ever be done which may be or become an annoyance or nuisance to the neighborhood.

5. No vehicle may be stored or parked on any lot unless said vehicle is in good operative condition with the location approved (i.e., no cars on blocks, no cars without engines. All vehicles parked outside of a garage in Otter Creek must be operational.)

6.     Any sign, other than a sign advertising a property for sale or a garage sale, must receive approval of the Architectural Committee.

7. All fences shall be approved by the Architectural Committee. Generally, the Committee has adopted the following criteria for fences:

A.    Fences must be of wood or brick construction. (Chain link fences are not permitted.)

B.    The exposed side of the fence must be the finished side (supports, braces, and so forth must be to the inside).

C.    Heights can vary depending on individual case; however, six feet is the maximum on the property line.

No truck, trailer, or mobile home shall ever be parked or located on any lot. This does not exclude the temporary parking of passenger automobiles on any portion of the garage driveway.

8. No fence, wall, hedge or shrub over 30” in height shall be permitted on any corner lot within 50’ of the corner and the foliage line of any tree within this area must be maintained at a height of not less than 8’ to prevent obstruction of sight lines.

9. All restrictions hall run with the land and shall bind the present owner, their successors and assigns, to conform to and observe said restrictions.

 

PROCEDURES FOR OBTAINING ARCHITECTURAL COMMITTEE APPROVAL

 

1.     Owner shall submit two (2) copies of a scale-dimension plot plan showing existing buildings and structures, and the location of the addition or modification to the OCHOA office. In addition, construction details, a list of materials and surface coating color scheme shall also be submitted.

2.     The Architectural Committee will respond to the applicant/owner as soon as possible after the application has been submitted.

 

NOTE: To insure prompt action, the application must be submitted to the OCHOA office.

 

 

Whereas, a number of satellite dishes have been installed in the community, there have been inquiries concerning installation of such satellite dishes and complaints have been received by the Otter Creek Homeowners Association Board about the existing dishes;

 

Whereas, the Bill of Assurance of the OCHOA has as its objectives creating a residential community with a visual quality which may be characterized as park-like, to provide quality development, open space, extensive landscaping and attractive streetscapes;

 

Whereas, the foregoing regulations have produced a community in keeping with the objectives of the Bills of Assurance;

 

Whereas, the installation of satellite dishes can create visual blight offensive to those who reside, work, and travel within Otter Creek and contrary to the Bills of Assurance;

 

Whereas, satellite dishes are sometimes large and unsightly and, therefore, must be regulated to preserve the objectives of the Bills of Assurance and safety concerns;

 

Whereas, it is the intent of this waiver to allow satellite dishes in certain cases where they can be installed without creating adverse economic, aesthetic and safety impacts and promote the health, safety, and general welfare of the community;

 

Now, therefore be it governed by the OCHOA Board of Otter Creek as follows:

 

Section 1.  Definitions

A.    Satellite. A “satellite dish” is any accessory structure capable of receiving for the sole benefit of the principal user, a radio or television signals from a transmitter or a transmitter relay located in planetary orbit. This definition includes, but is not limited to, satellite receivers, satellite dish antennas, satellite discs, direct broadcast systems (DBSs), and television reception only systems (TVROs).

 

Section 2. Satellite Dish

A.    A satellite dish antenna may be located in a residential lot when it complies with the following conditions:

1.     All requests for installation of satellite dishes are subject to approval by the Architectural committee according to size and location.

2.     It is to be mounted on existing structure i.e., roof or chimney.

3.     Only one (1) satellite dish shall be permitted per lot.

4.     Size of satellite dish must be 18” or less in diameter.

5.     Location of satellite dish should be aesthetic in an effort to be non-visible from the street.

6.     Such satellite dish and their appurtenances shall be compatible with existing structure to be mounted on, to the extent possible, shall be compatible with the appearance and character of the neighborhood.

Any homeowner wishing to erect or move an outdoor storage building onto their existing lot must submit a request for Architectural Approval as above. In addition, the following conditions must be met:

 

1.     Written approval must be obtained from surrounding neighbors (on either side and behind) who will be able to see the structure from their home, and included with request.

2.     Structure must be positioned on the lot so as not to be visible from the street.

3.     The structure must be no larger than 8’x10’ and must have shingled roof to match existing home. Siding must be painted to match existing home.

4.     Structure may not be heated, cooled, or plumbed and must not have electricity running to it.

5.     At no time may structure ever be inhabited by a person or animal.

6.     City of Little Rock building permit must be included in request, if structure is site-built.

7.     Conditional Exception shall not be transferrable upon the sale of the residence without prior approval of the Board of Directors. If new owner does not receive prior approval, building must be removed from the lot upon sale of the home.

8.     Area surrounding structure should be landscaped and maintained in a similar manner as the home, in order to keep it aesthetically pleasing.

9.     Request for approval must be accompanied by site plan showing existing structures and placement of the new structure; list of materials to be used (with samples, if possible); photographs of existing home and sample of paint to be used on new structure; and photo or brochure depicting proposed structure.

 

Name: __________________________________________ Acct. #_______________________

 

Address: ________________________________________ Phone________________________

 

Request for: ____Storage Building     ____Driveway expansion     ____Exterior Color

 

____Addition to home    _____Fence                ____Other ____________________________________

 

Start Date______________________    Anticipated Date of Completion____________________

 

 

 

 

Approved: Yes       No       Date: _________________________

 

 

Signatures of Committee:                              _________________________________

 

      ________________________________ __________________________________

 

      ________________________________ __________________________________

 

      ________________________________ __________________________________

 

 

Comments: _________________________________________________________________

 

___________________________________________________________________________

 

___________________________________________________________________________