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Info

Effective May 26, 2020

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February 2025

Problem

Many homeowners have questioned the Deed Restrictions regarding storage shedsbeen asking about our community’s swimming pool policy. This policy clarifies what is and is not permitted.

The section of the VAC HOA Deed Restrictions that apply to this policy are:

  • Section 2.01

All Property hereunder shall be subject to these Restrictions and shall be used exclusively for residential purposes. No structures or buildings shall be erected, altered, placed or permitted to remain on any part of the Property other than single-family dwellings and private garages being a minimum of two cars in size: each single-family dwelling shall not exceed two-and-one-half (2-1/2) stories in height or be greater than thirty-five (35) feet in height, with a minimum square footage of one thousand eight hundred (1,800) square feet for a ranch, two thousand (2,000) square feet for a split level, and two thousand (2,000) square feet for a two-story. No more than one (1) single-family dwelling and the attached private garage serving such dwelling shall be placed on any Lot. No unattached or free-standing garage shall be permitted, nor shall any outbuildings be permitted.

  • Section 2.10

No structure of any temporary character and no trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot hereunder at any time as a residence, either temporarily or permanently. No temporary building, trailer, garage, storage building, or structure shall be placed upon any Lot hereunder for storage purposes without the express written consent of the Grantor or its assignee.

Policy

  1. Free standing outbuildings, sheds, garages are not permitted. The HOA will pursue the removal of any free standing outbuildings, sheds, garages seen by a Trustee or brought to its attention by a homeowner. Homeowners can report violations to the HOA using the Contact Us form found on the HOA website (www.villageatalumcreek.org).

  2. You are permitted to build an addition that is attached to the main house and will be used for exterior storage.

    1. The addition must:

      1. Be connected to the existing house. House siding should be removed and the addition attached to the studs of the existing house.

      2. Have its own foundation.

      3. Have an exterior that matches the existing house exterior. The siding should match the house siding. The roofing material should match the existing house roofing material.

      4. Have a floor consisting of something other than dirt. The floor can be concrete or pavers or wood or even gravel.

      5. Have doors and windows that match the existing house doors and windows, as much as possible.

      6. Appear as if it has always been a part of the existing house. In other words, it blends in so naturally that a person would not recognize it as a storage facility.

    2. The addition can have electrical, plumbing, hvac service, if desired.

    3. The addition must meet all local building/code requirements. Obtaining a building permit, after receiving HOA approval, is the responsibility of the owner.

  3. Additions require, per Section 3.02 of the Deed Restrictions, that the owner submit an Application for Exterior Modification with all supporting documentation prior to beginning the project. The Application can be found on the HOA website (www.villageatalumcreek.org). The Application will be reviewed by the Architectural Review Committee. Adjustments may be requested/required before final approval. Approval is not guaranteed. Construction cannot begin until approval and any necessary building permits have been obtained.

  4. All other restrictions spelled out within the Deed Restrictions will be enforced. This includes but is not limited to set-back requirements and easements.

Below are examples of “room additions” that are being used as a shed. These have been or would be approved by the Architectural Review Committee.

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POLICY

  1. All new or replacement Structures, or any modification to an existing Structure, are prohibited without written Board approval and must be submitted to the Architectural Review board for approval.

  2. In-ground pools are allowed to be installed on a Lot with written Board approval. The submission must include a to scale drawing of the pool and all components, features, equipment, and recreation devices that the Owner desires to install.  They must conform to local/state/federal zoning and building codes. Permitted pool structures that will be considered are Fiberglass, Concrete, Gunite, or a vinyl liner with galvanized steel walls. They must follow the existing set-back rules that are outlined in the Deed Restrictions (for example 12.5 feet from the side yard lot line) and do not infringe on existing easements.  Permits from the County and/or Township must be obtained. Proper fencing surrounding the pool must be installed.

  3. Above Ground Pools: Only temporary pools complying with the Declaration’s requirements may exist on a lot above grade.  No above ground pools deeper than 18”. No above ground pools will be allowed that utilize filtration or that is designed by the manufacture to utilize filtration. All above ground pools must be moved to a different lot location at least weekly to keep mosquitos from breeding in the pools and the killing of grass.

The following are pictures of Kiddie pools that are permitted without prior approval of the Architectural Review Committee.

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The following pictures are examples of permanent or semi-permanent above ground pools that are NOT permitted in our community.

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Finally here is a picture of an in-ground swimming pool. This type of pool requires prior approval of the Architectural Review Committee as well as a building permit from Delaware County.

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