Ancala Homeowners Association

ARCHITECTURAL DESIGN AND MAINTENANCE STANDARDS

Architectural Control Committee (ACC)

Revised October 2019

Ancala Homeowners Association

ARCHITECTURAL DESIGN AND MAINTENANCE STANDARDS TABLE OF CONTENTS

SECTION 1.0 INTRODUCTION 1

1.1 Architectural Philosophy and Development History of Ancala 1

1.2 Intent of the Standards 1

1.3 Overview and Purpose of the Standards 1

1.4 Property Owner Obligations 2

SECTION 2.0 THE ARCHITECTURAL CONTROL COMMITTEE 3

2.1 Purpose and Mission 3

2.2 Membership 3

2.3 Duties 3

2.4 Meetings 3

2.5 Quorum and Voting 4

2.6 Compensation 4

2.7 Non-Liability 4

2.8 Incorporation 5

2.9 Enforcement 5

SECTION 3.0 ARCHITECTURAL REVIEW 6

3.1 Categories of Architectural Requests 6

3.2 Examples of Existing Home Improvements Requiring ACC Approval 6

3.3 Review Criteria 7

SECTION 4.0 ARCHITECTURAL SUBMISSION AND APPROVAL PROCESS FOR EXISTING HOMES/STRUCTURES AND ASSOCIATED PROPERTY IMPROVEMENT 8

4.1 Submission Procedures 8

4.2 Completing the Application Package 8

4.3 Endorsement by Property Owner/Application Package Submission 8

4.4 Review of the Application Package 9

4.5 Decision and Follow Up on Applications 9

4.6 Requests for Additional Information and Lobbying Activity 9

4.7 Helpful Tips Regarding Application Submissions 10

4.8 Non-Waiver 10

4.9 Right of Waiver 10

SECTION 5.0 ARCHITECTURAL SUBMISSION AND APPROVAL PROCESS FOR NEW HOME CONSTRUCTION 11

5.1 Pre-Design Meeting 11

5.2 Preliminary Submittal 11

5.3 Posting of the Property 13

5.4 Final Submittal 13

SECTION 6.0 SPECIFIC GUIDELINES FOR NEW HOME CONSTRUCTION 17

6.1 Architectural Building Style 17

6.2 Architect Usage 17

6.3 Building Elevations 17

6.4 Building Heights and Massing 18

6.5 Building Setbacks 19

6.6 Construction Signs 20

6.7 Cut or Fill Slopes 20

6.8 Detailing in Architecture 20

6.9 Residence Size 20

6.10 Drainage 20

SECTION 7.0 STANDARDS FOR NEW AND EXISTING HOME/STRUCTURE IMPROVEMENT AND ASSOCIATED PROPERTY IMPROVEMENT 21

7.1 Addition of Residential Square Footage 21

7.2 Address Identification 21

7.3 Air Conditioning Units and Portable Tanks 21

7.4 Antennae 21

7.5 Audio and Video Systems 21

7.6 Barbecues and Grills 21

7.7 Basketball Hoops 22

7.8 Boulders and Rocks 22

7.9 Chimneys 22

7.10 Courtyards 22

7.11 Doors 23

7.12 Driveways 23

7.13 Exterior Surfaces, Finishes, Colors and Materials 23

7.14 Fences and Perimeter Walls 24

7.15 Fire Pits and Firewalls 24

7.16 Fireplaces 24

7.17 Flags and Flagpoles 25

7.18 Fountains and Water Features 25

7.19 Garages and Garage Doors 25

7.20 Gates (Location/Color/Material) 26

7.21 Guest House/Suite or Casita 26

7.22 Holiday Decorations 26

7.23 Landscaping 26

7.25 Lighting 28

7.26 Mailboxes 29

7.27 Natural Area of Open Space (NAOS) 29

7.28 Patios 30

7.29 Patio Shades/Awnings/Screens 30

7.30 Pavers, Concrete, Brick, Flagstone 30

7.31 Play Equipment 31

7.32 Putting Green 31

7.33 Ramadas, Cabanas, Gazebos 31

7.34 Roofs 31

7.35 Retaining Walls 31

7.36 Satellite Dishes 32

7.37 Privacy or Utility Enclosure Walls 32

7.38 Signage 32

7.39 Solar Panels 33

7.40 Sports/Tennis Courts 33

7.41 Storage Buildings and Sheds 34

7.42 Swimming Pools, Spas, Water Features, and Equipment 34

7.43 Tents 34

7.44 Trash and Recycling Containers 34

7.45 Trellises, Arbors and Pergolas 34

7.46 Vents, Stack Pipes, and Mechanical Vents 34

7.47 Walkways 34

7.48 Windows, Glass and Skylights 35

7.49 Yard Art 35

SECTION 8.0 RULES FOR CONTRACTOR/CONSTRUCTION WORK IN ANCALA (For New Home Construction and Existing Home Improvements) 36

8.1 Commencement and Completion of Work 36

8.2 Compliance with Legal Regulations and Requirements 37

8.3 Work Staging, Progress, Conclusion and Clean Up 37

8.4 Fines 37

8.5 Hours of Work 38

8.6 Field Offices or Trailers 38

8.7 Interior Work 38

8.8 Safety, Privacy, Conservation and Restoration of Space and Lots 38

8.9 Ancala Parking, Traffic, and Noise Regulations 39

SECTION 9.0 DISCLAIMER/RELEASE 40

APPENDIX A DEFINITIONS 42

APPENDIX B APPROVED PLANT LIST By Common and Botanical Name 44

APPENDIX C INFORMATION ON PROHIBITED PLANTS 53

APPENDIX D BUILDING HEIGHT (MAXIMUM RIDGELINE ELEVATIONS) 54

APPENDIX E CHANGES TO EXISTING RESIDENCE ARCHITECTURAL APPLICATION AND INFORMATION 67

APPENDIX F NEW HOME CONSTRUCTION ARCHITECTURAL APPLICATION & INFORMATION 72

APPENDIX G SCHEDULE OF FEES, DEPOSITS AND FINES 90

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SECTION ONE INTRODUCTION

1.1 Architectural Philosophy and Development History of Ancala

The architectural philosophy of Ancala reflects the sensitive integration of lifestyle to the Sonoran Desert environment. Its goal is the subtle blending of people, structures and the existing desert into a harmonious and aesthetically pleasing community with substantial emphasis on the preservation of major portions of the natural desert as a unifying theme throughout Ancala.

Important Note: Nothing in these Architectural Design Guidelines can, under any circumstances, relieve an owner of the obligation to seek and obtain approval for all changes to existing property pursuant to Sections 9.6 and 9.5 of the Ancala Homeowners Association Declaration of Protective Covenants. Compliance with a provision of these Architectural Design Guidelines is not a defense to an assertion by the Ancala Homeowners Association that activity on a Lot within Ancala violates Section 9 of the Declaration of Protective Covenants.

1.2 Intent of the Standards

It is the intent of these Architectural Design Standards (these “Standards”) to preserve, protect, and enhance the Ancala community consistent with the original development philosophy. They are written to:

a) reflect a sensitivity for the preservation and maintenance of the natural desert, justified by the climate, terrain, and fragile environment of the Sonoran Desert and

b) provide a framework and direction in the planning, design, and construction of structures and landscaping within the Ancala community to ensure compatibility with that environment.

The purpose of these Standards is not to create look-alike structures or other improvements, but to ensure that designs are compatible with the site and the overall environment. No improvement should so stand apart in its design, construction, or appearance as to detract from the overall environmental aesthetic of Ancala. Creativity, innovative use of materials and design, and unique methods of construction are encouraged so long as the final result is consistent with the Standards provided here, and compatible with the overall architectural philosophy of Ancala.

Each Lot within Ancala is unique in terms of its natural attributes, opportunities and constraints. These include topography, natural vegetation, rock outcroppings, views, washes, restrictions to preserve the attributes of each Lot, and exposure to the desert climate. Thus, each Lot in Ancala will require a unique design solution and somewhat different approach to the design, construction, additions, renovations or similar work in order to preserve, protect and enhance the special environment that is Ancala.

1.3 Overview and Purpose of the Standards

The purpose of the Architectural Design Standards is to:

a) Assist Property Owners, members of the Ancala Architectural Control Committee (“ACC”) and Association staff members in understanding the established framework of

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standards which apply to new home construction as well as exterior changes to existing homes or structures and landscaping of residential property in the Ancala community.

b) Describe the governing documents associated with the review and approval processes for exterior changes to existing homes or residential structures as well as new home construction.

c) Assist Property Owners to understand how to prepare an Application to the ACC that is complete and consistent with the submission process.

d) Provide processes for ACC use so that Property Owner applications to the ACC can be reviewed and decisions rendered about exterior changes to existing homes and structures as well as on new home construction which are clear, fair and uniform for all Property Owners.

These Standards have been established and approved by the ACC and the Board of Directors in accordance with the Declaration of Covenants, Conditions and Restrictions for Ancala (the “CC&R’s”). These Standards are administered and enforced by the ACC in accordance with the CC&R’s in conformance with the procedures for doing so set forth in that document.

1.4 Property Owner Obligations

1.4.1 Familiarity with the Architectural Design Standards Every Property Owner is responsible for obtaining a copy of the current Standards in effect and for being familiar with the content. If there are any questions about any Standard or how it is interpreted or implemented, Property Owners are responsible for seeking and obtaining clarification in advance of any approval action they pursue with the ACC. In case of questions, Property Owners are encouraged to contact either the ACC or the Executive Director, Ancala HOA.

1.4.2 Obtain Approvals for Exterior Improvements or Changes Property Owners must comply with the provisions in the CC&R’s specific to approval, including obtaining the approval of the Ancala ACC before beginning any new construction, exterior renovation, modification, addition or other changes to the external appearance of the existing home/structure or footprint, changes to the external appearance of the property, or alterations to the Lot. To obtain approval, the Property Owner must submit to the Executive Director, Ancala HOA a completed Application, include any materials, drawings, or supporting information as relevant to the project, and send the appropriate Application fee based on the nature of the project. Contact the Executive Director for the current fee/deposit amount required at 480-661-1066.

If ACC approval is not obtained in advance, the work is subject to removal or other action at the Property Owner’s expense, and with the possible imposition of fines. If the completed work does not match the depictions and descriptions in the approved Application, the Property Owner will be asked to fix the discrepancy. When the completed improvement is deemed by the ACC to comply with what was submitted and approved, the deposit may be refunded. If corrections are not made within 180 days, the deposit will be forfeited and fines may be imposed or actions taken by the Ancala HOA to bring the project into compliance at the Owner’s expense.

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SECTION TWO THE ARCHITECTURAL CONTROL COMMITTEE

2.1 Purpose and Mission

The mission of the ACC is to protect, preserve, and enhance the value of the properties within the Ancala HOA. Through its work in applying the Standards to the review of Application requests of Property Owners, the Committee is committed to ensuring a fair process is followed and that the decisions reached are consistent with the Standards.

The ACC was established in the CC&R’s with the authority to implement and enforce the various provisions of the CC&R’s. The ACC reviews and renders a decision on requests by Property Owners for work including, but not limited to, construction, renovation, improvements to home structures, changes to property landscaping, additions to the Lots, etc. The ACC established these Standards to conduct their oversight and may from time to time modify these same Standards. In general, any improvement, landscaping, or other exterior feature may not be built or changed within an area subject to the CC&R’s, unless the ACC has approved it in advance of any work done and the Property Owner has complied with all other requirements herein and in the CC&R’s.

2.2 Membership

The ACC will generally consist of Property Owners in the Ancala community and any appointees approved by the Board of Directors. One member who is also on the Board of Directors will be designated as the Committee Chair. All members are volunteers, and prospective members may be recruited through public announcement and will be appointed and serve at the pleasure of the Board of Directors. Each member will hold office until such time as he/she has resigned or been removed, or until his/her successor has been appointed as set forth herein or in the CC&R’s. Members of the ACC can be Property Owners in the Ancala community, or potentially non-owners appointed by the Board of Directors, who must have access to an email system, and must be available to attend ACC meetings. Any member of the ACC may at any time resign from the Committee upon written notice delivered to the Ancala HOA.

2.3 Duties

The ACC is responsible for amending and updating the Standards and for providing oversight to ensure continuation of the design and maintenance integrity of the Ancala community in accordance with the Standards.

It shall be the duty of the ACC to review and render a decision on, or act upon, any proposals or matters submitted to it pursuant to the Standards, to perform such other duties as from time to time are delegated to it by the CC&R’s, or perform duties referred to it by the Ancala HOA as set forth in the CC&R’s.

2.4 Meetings

The ACC shall meet from time to time, as necessary, to perform its duties. The ACC will determine the meeting cycle and dates and these will be communicated to the Ancala community in advance of each meeting. Meetings of the ACC are open to the community, and Ancala Property Owners and other interested parties representing the property owners may attend. Meetings which deal with personal or confidential matters or otherwise deal with matters protected by law will be conducted on a closed basis.

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Some requests to the ACC do not require a full, in person meeting. The ACC may conduct business via email discussion. The same voting rules apply for conducting business via email—i.e. a majority vote of the voting members shall prevail for each decision. Any decisions made by email vote will be included in the official record of the ACC actions and reported in the minutes of the subsequent meeting. Meetings may be conducted by teleconferencing or in person.

2.5 Quorum and Voting

A quorum (which is a majority) of the voting members of the ACC must be present at the time of a meeting in order to conduct business and act on Property Owner requests. Proxy votes are not included for official decision purposes or for purposes of achieving a quorum. The ACC shall keep and maintain a record of all action taken by it at meetings or otherwise.

2.6 Compensation

The members of the ACC shall not receive any compensation for services rendered. All members shall be entitled to reimbursement for reasonable expenses incurred by them in connection with the performance of any ACC function or duty. Professional consultants retained by the Committee shall be paid such compensation as the ACC determines is reasonable.

2.7 Non-Liability

Neither the ACC nor any member thereof shall be liable to the Ancala HOA or to any Property Owner or other Person for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any drawings or specifications, whether or not defective; (b) the construction or performance of any work, whether or not pursuant to approved drawings and specifications; (c) the development or manner of development of any property within Ancala; or (d) the execution and filing of any estoppel certificate, whether or not the facts therein are correct; provided, however, that such member has, with the actual knowledge possessed by him or her, acted in good faith. Without in any way limiting the generality of the foregoing, the ACC, or any member thereof, may, but is not required to, consult with or discuss with the Ancala HOA or any Property Owner or other Person with respect to any drawings, or specification, or any other proposal submitted to it.

Neither the ACC or any member thereof, or their respective successors or assigns, shall be liable in damages to anyone submitting drawings, specifications, or project applications to them for approval, or to any Property Owner or other Person by reason of mistake in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any drawings, specifications, or project applications. Every Property Owner or other person who submits drawings, specifications, or project applications to the ACC for approval agrees, by submission of such drawings, specifications, or project applications that he/she will not bring any action or suit against the ACC or any member thereof to recover damages. Approval by the ACC, any member thereof shall not be deemed to be representation or warranty that the Property Owner’s drawings or specifications or the actual construction of a residence or other improvements comply with applicable governmental ordinances or regulations. It shall be the sole responsibility of the Property Owner or other person submitting drawings, specifications, or project applications to the ACC or performing any construction or renovation, to comply therewith.

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2.8 Incorporation

The provisions of the CC&R’s applicable to the Standards are incorporated herein by reference, and control over the provisions herein in case of conflict. Capitalized terms used herein, but not defined herein, shall have the same meaning as in the CC&R’s.

2.9 Enforcement

These Standards will be enforced by the ACC and/or the Ancala HOA as provided herein, or as provided in the CC&R’s.

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SECTION THREE ARCHITECTURAL REVIEW

3.1 Categories of Architectural Requests

There are two categories of architectural requests to which these Standards apply: 1) exterior changes to existing homes or structure or associated property; and 2) new home construction. The submission and review processes are somewhat different for each of these and the actual documentation that needs to be submitted with the change application varies as well. For guidance on the process to gain approval for exterior changes or improvements to existing homes, see Section Four. For guidance on the process to gain approval for new home construction, see Section Five.

3.2 Examples of Existing Home Improvements Requiring ACC Approval

The following examples are provided to help clarify the types of improvement projects which require and do not require prior ACC review and approval.

Changes for existing homes, structures or property which require prior ACC review and approval include, but are not limited to, the following:

a) Exterior painting in the same color or in a different color. b) Additions to footprint of existing residence. c) Adding different plants, trees, bushes, flowers to your landscape. d) Repaving the driveway. e) Changing the landscape stone. f) Reconfiguring the courtyard or yard. g) Placement of satellite dishes, solar panels and equipment.* h) Additions or changes to exterior lighting. i) Changes to the roof color, material or appearance. j) Backyard pergolas, sun shades/screens, fountains. k) Construction changes that would affect the line of sight of neighboring lots. l) Drainage improvements. m) Backyard trees/shrubs, paver, barbecue, fireplace additions. n) Pools and spas.

*Note: Solar panels and satellite equipment are subject to government regulations. The Association asks that all Property Owners submit solar panels to the ACC for approval prior to installation for informational purposes and to assure the least impact to neighboring homes, without impairing the functioning of the device, restricting its use or adversely affecting the cost or efficiency thereof.

Projects/changes for existing homes, structures or property which do NOT require prior ACC review and approval include the following:

a) Replacing an A/C unit with the same type and size unit in the same location. b) Replenishing landscape stone with stone of the same color and type. c) Maintenance repairs to the roof with no change in color or appearance (White or

reflective roof colors are prohibited). d) Replacing dead plants, trees or bushes with similar type of plant, tree or bush, as set

forth in the approved plants list.

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3.3 Review Criteria

All applications and submissions to the ACC are carefully reviewed on their merits and as they reflect compliance with the Standards. The ACC review is based on the elements of the proposed project and consistency with the design philosophy of the Ancala community. Under no circumstances will the ACC decision be based on a committee member’s personal taste or opinion. Rather, the Committee considers the following general categories as they may be applicable in its review:

a) Compliance with the Standards—the basic proposal must be sound, appropriate to its surroundings and the community and consistent with the applicable Standards.

b) Design compatibility—the proposed change should be compatible with the architectural characteristics of the existing structure or, in the case of new construction, must reflect appropriate architectural style for the community in terms of materials, color, construction detail and quality of workmanship expected for Ancala properties.

c) Location and impact—the proposed project must have appropriate drainage and not infringe or encroach on the property of others or the elements of Ancala or of the golf course.

d) Scale—the scale of the proposed change should be compatible with existing structures and surroundings.

e) Color—this may be used to soften or intensify visual impact but in all cases must reflect natural desert colors that blend with the surrounding desert.

f) Materials—materials used in construction or for architectural changes must be the same quality, or compatible with, existing structures or standards for the community.

g) Workmanship—the quality of the work must be equal to, or exceed, the original construction or be at a consistent level throughout in the case of new construction. All construction or changes must be in compliance with Federal, State and local safety and building codes and regulations.

h) Timing—projects must be approved by the ACC prior to any construction or work beginning at the site and must begin within one year of ACC approval unless otherwise determined by the ACC.

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SECTION FOUR ARCHITECTURAL SUBMISSION AND APPROVAL PROCESS

FOR EXISTING HOMES/STRUCTURES AND ASSOCIATED PROPERTY IMPROVEMENT

4.1 Submission Procedures

The following steps outline the process for review and approval of change requests for existing homes, structures and associated properties.

4.2 Completing the Application Package

Completion and submission of the Ancala HOA ACC Application for Improvement package initiates the review process. The Application package consists of a completed Application and samples of any materials to be used, color swatches, photos, drawings, plans or other supplemental materials to describe the proposed improvement. A copy of this Application can be found in Appendix E, or on the Ancala HOA website www.ancalahoa.org or by contacting the Executive Director at 480-661-1066.

a) When completing the Application, please make sure to include a complete description of the proposed improvement, samples of any materials to be used, color samples as appropriate, photos, drawings, plans, etc.

b) A copy of the property plat should be included as part of the Application package for all proposed improvements including, but not limited to, landscaping, pool/spa/cabana, the addition of attached or unattached rooms or areas to the existing home, changes to the home’s “footprint”, lighting changes, etc. On the plat it should be indicated the exact location of the proposed change including dimensions.

c) In the case of changes to landscaping, on the plat the actual location in your yard of all changes in plantings should be specified. Please include the common name and botanical name and type of tree, bush, shrub, cactus, succulent, flower, etc. proposed for either removal or planting at each site, as the case may be.

d) In the case of proposals to add a room or building to an existing home or adding a pool/spa, outdoor kitchen, etc., scaled architectural drawings for this must be provided in the Application package and must include the exact change, the room or building dimensions, features (such as additional doors, windows, etc.), roofing, lighting, landscaping, and/or any other features as related to the proposed renovation.

e) A fee and/or deposit must be paid upon Application submission (see Schedule of Fees & Deposits - Appendix G). Contact the Executive Director at 480-661-1066 to determine the appropriate fee and/or deposit required.

4.3 Endorsement by Property Owner/Application Package Submission

The Application must be signed and dated by the Property Owner. In the case of joint submission of an Application by two or more Property Owners, each must sign the Application. A current email address for each Property Owner should be provided for purposes of follow up communication.

a) The ACC Application and all documentation attached to it will constitute the Property Owner’s request and will be what the ACC considers in its review process.

b) Completed Applications must be received at the office of the Executive Director no later than the first Tuesday of each month for ACC consideration at their meeting that month.

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Those Applications submitted after the first Tuesday of the month will be included in the following month’s committee meeting agenda.

c) Incomplete Applications will not be accepted for ACC review. Amendments to the Application package can be made by the Property Owner prior to ACC review.

4.4 Review of the Application Package

Completed and submitted Application packages will be forwarded by the Executive Director to the ACC for review. Individual Property Owners and/or their agents may attend a meeting of the ACC at which their proposal will be reviewed if there is any specific additional information the Property Owners or agents want to share with the Committee, or if they want to ask any questions of the Committee. Property Owners must notify the Executive Director in advance of the meeting if they or their agent plan on attending in person to address the Committee.

4.5 Decision and Follow Up on Applications

Within 30 days of receipt of each Application, with full and complete descriptions, the ACC will review and attempt to render a decision or request additional information required to render a decision. When a decision is rendered by the ACC, a letter reporting that decision will be mailed to the Property Owner at their registered mailing address and with the management company within one week of the ACC meeting. Any questions concerning the decision may be referred to the Executive Director or ACC Chairperson.

Upon ACC approval, a project must begin within one year of the approval decision as reported on the approval letter from the Executive Director. Construction must be completed within two years from commencement of construction. If the completion of a project extends beyond two years, an annual compliance review will be conducted and the Property Owner must contact the ACC through the Executive Director to initiate the extension request. In the case of an Application that is not approved, the Property Owner shall have the right to appear before the Architectural Committee to seek such variance or relief as they deem appropriate. However, the final decision of the ACC Committee shall be conclusive on all matters within the scope of its authority.

4.6 Requests for Additional Information and Lobbying Activity

The ACC may decide to approve, deny or defer a proposal. In the case of a deferral, any additional information or clarification the ACC needs will be specified to the Property Owner with a request to provide this information. When provided, the additional information will be considered at the next ACC meeting along with the information contained in the original submission package.

Any changes or improvements that are made to the exterior of a property without prior ACC approval will be considered in violation of the CC&R’s and these Standards and will be subject to a fine consistent with the Fine Policy published by the Ancala HOA. Approval from the ACC should be rendered before any materials for the project are purchased or any work on the project begins.

It is considered inappropriate for Property Owners to lobby individual ACC members regarding any Application. In addition, individual ACC members should not be requested to represent the ACC in rendering a decision prior to the ACC’s consideration of the Property Owner Application as it is not within their authority to do so. Neither individual ACC members nor ACC

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representatives are authorized to represent any decision in advance of the Committee’s review and determination.

4.7 Helpful Tips Regarding Application Submissions

The following tips are intended to assist Property Owners who intend to submit an Application package for ACC review:

a) Stock plans or plans that are generic and obviously not designed for the specific Ancala Lot will generally be unacceptable for use.

b) The laws and ordinances of the City of Scottsdale must be considered and followed as applicable for any proposal. Please note that City of Scottsdale law may be more or less restrictive (depending upon the issue) than the Standards but in any case, the more restrictive requirement will take precedence. Each Property Owner is solely responsible for complying with all applicable laws, rules and regulations of any governmental authority.

c) The information on page two of the Application is important, and Property Owners are expected to carefully review each provision as it applies to their proposal. If there are any questions as to interpretation or if there is a need for individual clarification, please contact the Executive Director or the ACC for clarification.

d) Every section of the Application should be completed in detail and information provided that will accurately explain the nature of the desired change. Missing information may cause a delay in the review of an Application, and incomplete submittals will not be accepted for ACC review.

e) On occasion, any change desired by one Property Owner may affect other neighbors in terms of visual impact, aesthetic, reflection (in the case of lighting or energy panels), etc. That said, Property Owners are encouraged to 1) inform their neighbors of any major development project anticipated, 2) help the neighbors to understand what the change will look like and its potential impact on the neighbor, and 3) try to resolve any potential issues the neighbor may have about the project. In some cases, Property Owners may wish to have their neighbor sign a statement agreeing to the proposed project if there is some visual or other impact anticipated. The ACC encourages Property Owners to communicate with their neighbors about any major projects anticipated, and work through any potential concerns directly with the neighbors to reach a resolution.

4.8 Non-Waiver

The approval by the ACC of any drawings or specifications for any work done or proposed, or in connection with any other matter requiring such approval under these Standards or the CC&R’s, shall not be deemed to constitute a waiver of any right to withhold approval as to any similar drawing, specifications, or matter whenever subsequently or additionally submitted for approval.

4.9 Right of Waiver

The ACC reserves the right to waive or vary any of the procedures or standards set forth herein at its discretion.

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SECTION FIVE ARCHITECTURAL SUBMISSION AND APPROVAL PROCESS

FOR NEW HOME CONSTRUCTION Note: All forms are available in Appendix F

5.1 Pre-Design Meeting

Prior to investing valuable time and money in the preparation of detailed plans, it is required that Lot owners and their architect and/or designer obtain a copy of the site plan for their Lot and meet with designated representatives of the ACC to discuss preliminary concept plans and to identify any unique conditions or issues to be included in the design review submission. As an example, site plans should include lot dimensions, lot square footage, buildable square footage, NAOS requirements, setbacks, ridgeline heights, city requirements and topography. The Pre-Design meeting is an informal meeting to convey or discuss potential issues. No approval or decision is issued at this stage of the process. The Pre-Design meeting must be scheduled at least fourteen (14) days in advance.

It is strongly recommended that all Property Owners retain competent professional services for the planning and design of their residence. Important elements of the design review process include: 1) a thorough analysis and understanding of a particular Lot; 2) the Property Owner’s special needs; 3) the skill to translate Lot specifics as aligned with Property Owner needs; and 4) the ability to effectively convey the concept and design of the proposed residence to the ACC. If a Property Owner elects to do his/her own design or to retain non-professional services, any extra costs and time delays incurred will be the sole responsibility of the Property Owner and not the responsibility and/or liability of the ACC. This Section Five shall be subject to ARS § 33-1817, as amended.

5.2 Preliminary Submittal

Two sets of preliminary drawings and the completed Application form, including all of the exhibits outlined below, must be submitted to the Committee to initiate the design review process. These documents will be accepted only after the Pre-Design meeting has been completed. All drawings submitted must be on 24" x 36" sheets maximum size. All drawings must be drawn to scale with that scale clearly indicated on each sheet.

5.2.1 Design Review Fee Schedule The Design Review fee must be paid to start the review. Please contact the Ancala HOA Executive Director to determine the appropriate fee or consult Appendix G.

5.2.2 Site Plan Provide a site plan at 1" = 20' minimum scale showing the following: building setback, residence and all other buildings or structures, driveways, parking areas, patios, pools, walls and fences, mailbox; drainage and view easements; approximate utility service locations and routing; site grading including existing and proposed contours and topographic features such as washes and rock outcroppings and indicate if construction has an effect on the line of sight of neighboring lots. Show the proposed elevations of all building floors, patios, pools and walls in relation to site contour elevations and City of Scottsdale Datum used.

5.2.3 Landscape Plan Provide a conceptual landscape plan identifying all preserved and new planting areas, paved areas, walls and/or fences. Identify locations of Natural Zone, Transition Zone and

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Private Zone for acceptable planting in those zones. Also show native plant inventory and proposed plants in each zone area.

5.2.4 Floor Plans Provide floor plans showing all outside and inside walls, rooms, identify interior and exterior doors, windows, mechanical rooms, etc. at a minimum of 1/8” = 1'-0" scale. Show all buildings and improvements immediately adjacent to the buildings.

5.2.5 Roof Plan Provide a roof plan at a minimum of 1/8” = 1'-0" scale. Show proposed areas of sloped roofs and flat roofs. Provide ridgeline and parapet elevations and identify any skylights.

The roof plan shall be superimposed over the existing natural topography indicating in site datum the top of parapets, ridges, and all other roof elements and show any skylights.

5.2.6 Exterior Elevations Show exterior elevations at the same scale as the floor plans. Show all sides of the house and include existing and proposed grading, fences and/or walls, maximum ridgeline height, finished floor elevations, building massing and proposed detailing at windows, doors, eaves, etc.

5.2.7 List of Variances Also required at this time is a list of any variances to the Standards that you are requesting, and information concerning the reason for the requested variance. If no variances are requested and specifically pointed out, then all requirements of the Standards will be strictly enforced. Please note that just showing a variance to the Standards on the drawings is not enough for that variance to be approved if the drawings are approved. No variation on the ridgeline will be approved. A specific request for a variance must be submitted and addressed by the ACC in order for a decision on approval (or non-approval) of the variance to be made. The granting of a prior variance shall not be construed as precedence for any other variance. Every request is judged on its own merits.

Please note the following:

a) You should not proceed beyond this point with your planning efforts until you receive written notice to proceed with the design process.

b) Any communication with the ACC will be official only if it is in written form. c) The ACC may request additional information if, in their opinion, the information

provided is inadequate to make a fair evaluation of your proposal. d) You may contact the Executive Director if you have questions about the ACC’s

response to your proposal, or if you wish to schedule a time to meet with the ACC to discuss any issues concerning your preliminary proposal.

e) All submittals will be reviewed as expeditiously as possible. Missing or inadequate information will, however, slow the review process. In all cases a written acknowledgment and/or response to a submittal will be issued within thirty (30) days of the receipt of that submittal and the appropriate fees.

5.2.8 Quality of Preliminary Submittal Should be the same or equal to submittal required by the City of Scottsdale for their plan review.

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5.3 Posting of the Property

Upon receipt of the preliminary submittal, the ACC will post a notice on the Lot stating that drawings have been submitted for the Lot and are available for review at the HOA office. All Property Owners may review only the exterior elevation and building footprint drawings by appointment in the office of the Ancala HOA Executive Director during the preliminary approval process. Any comments should be submitted in written form and only those in written form will be considered by the ACC in their review process.

5.4 Final Submittal

Two sets of drawings including all of the exhibits outlined below, must be submitted to the ACC to initiate the final review process.

5.4.1 Drawing Size All drawings submitted must be on 24" x 36" sheet size. All drawings must be drawn to scale with that scale clearly indicated on each sheet.

5.4.2 Builder’s Bond/Deposit Builders Bond, per the amount listed in the Schedule of Fees & Deposits shall be paid prior to the final review.

5.4.3 Preliminary Review Letter A copy of the preliminary review letter must be provided, signed by the Property Owner, acknowledging that all preliminary stipulations have been addressed as requested.

5.4.4 Final Site Plan A final site plan at 1” = 20' minimum scale prepared by a Civil Engineer registered in the State of Arizona must be provided.

5.4.5 Final Site Plan Content This site plan must show 1) the building setbacks, air conditioning condenser screening, and required disturbance fence; 2) the residence and any other buildings or structures on the Lot; 3) all driveways, paving, parking areas, patios, pools, walkways, retaining walls and fences and mailbox; 4) the utility service location and routing; 5) site grading, drainage, and easements including existing and revised topography and contours; 6) all natural features of the Lot are shown such as washes, rock outcroppings and significant vegetation; 7) all finished elevations of all building floors, patios, pools and tops of all walls or fences in relation to existing site contours and the City of Scottsdale Datum are shown.

5.4.6 Landscape Plan A landscape plan meeting the requirements identified in these Standards must be provided. The landscape plan should be done at the same scale or larger than the site plan, but should not exceed 24" x 36" in overall size. The landscape plan should identify all large and/or protected existing plants on site and indicate which of these will be salvaged and/or relocated. All new plants should be shown and identified by both species and size. Any landscape lighting must be shown and reviewed with the landscape plan.

5.4.7 Final Floor Plans Final floor plans must be provided at a minimum of 1/8” = 1'-0" scale with the scale clearly indicated on each drawing. Indicate all room dimensions, door and window

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locations, sizes, location of mechanical and electrical systems, all patios and porches, fireplaces, bathroom details, kitchen cabinets, appliances, etc. Show all buildings and improvements immediately adjacent to the buildings.

5.4.8 Final Elevations Final elevations of all sides of the residence must be provided. Final grading and site walls or fencing on each elevation must be shown. All exterior detailing at windows, doors, columns, eaves and walls must be shown. All finish materials and maximum ridgeline elevations in relation to City of Scottsdale Datum must be shown.

Illustrate the exterior appearance of all views labeled in accordance with the site plan and floor plan. Indicate the highest proposed and allowed ridgeline and all other ridgeline elevations and parapet elevations. All elevation heights must be shown in relation to City of Scottsdale Datum. Show elevation of each floor and existing and finished grades for each elevation. Describe all exterior materials, colors, finishes, (walls, roofs, trim, vents, windows, doors, etc.), and show all site walls or fencing on each elevation.

5.4.9 Final Electric Plans Final electric plans of the residence at the same scale as the floor plan must be provided. Fixture cuts and/or pictures of all visible exterior light fixtures should be submitted. All exterior lighting must be in compliance with the Scottsdale Lighting

Ordinance. No spotlights or floodlights are permitted. (See 7.25.3 for additional information.)

5.4.10 Building Sections Indicate building walls, floors, interior relationships, finished exterior grades and any other information to clearly describe the interior/exterior relationships of the building as well as the buildings relationship to the site. All finish floor elevations and all ridgeline heights should be clearly delineated.

5.4.11 Color Palette The color palette should be submitted, including samples, color chips, pictures, or any other items that clearly show all exterior color selections. Included in these materials should be: paint colors (base and trim), roof colors (tile or other color), paving colors, walls and/or fence colors and any other finish materials visible from adjacent lots or public areas and roadways. Please note that acceptable Light Reflective Values (LRVs) vary in Ancala, depending on Lot location.

5.4.12 Construction Schedule A construction schedule should be submitted which identifies the anticipated start and completion dates for construction, utility hook-ups, completion of landscaping and residence occupancy.

5.4.13 Ancala Common Area Access and Site Aesthetics Agreement A fully executed, (meaning it is signed by the Property Owner) Ancala Common Area Access and Site Aesthetics Agreement must be submitted. This agreement is provided with your Application form and must be included with your final submittal.

5.4.14 Review and Decision Upon submittal of all required items and acceptance by and approval of these items by the ACC, a conditional approval will be issued. After receiving the City of Scottsdale

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approved plans, the ACC will conduct a final review of the same to verify that no changes have taken place from the ACC approved drawings and then a final written approval will be issued. NO construction may be started prior to receipt of this approval letter and the City of Scottsdale Building Permit on the site. This includes the installation of the disturbance fencing on the site and the grubbing of the site.

5.4.15 Fees and Schedules A construction deposit must be paid upon Application submission. Please contact the Ancala HOA Executive Director to determine the appropriate fee (see Schedule of Fees & Deposits).

5.4.16 Resubmissions of Drawings Resubmittal of all drawings required by the ACC, either preliminary, final or additional must follow the same procedure as the original submittal.

5.4.17 Changes Changes during construction and any changes to the approved submittal that are reflected on the exterior of the residence, before, during or after construction must be submitted to and approved by the ACC prior to the start of that change. Any request for change must comply with the Standards in their entirety.

5.4.18 Inspections There are five (5) inspections required during the course of construction. Written approval must be received on each inspection before any subsequent construction may begin. Inspections will be conducted within fourteen (14) working days of receipt of the inspection request.

a) Disturbance fencing inspection - The first inspection is to determine that the temporary construction fencing is in the location indicated on the approved site plan. At this time the major corners of the proposed residence must be staked. Please note that driving on, or storing construction materials outside of fencing on adjacent properties or in designated natural areas is strictly prohibited.

b) Grading inspection - When grading has been completed, the second inspection should be scheduled. This inspection is to verify that the site preparation has been accomplished according to the approved site plan. This is an inspection of rough grading and should not be misinterpreted that it guarantees compliance with the final finished grading required.

c) Ridgeline height verification inspection - The third inspection is required to verify that all ridgeline heights are installed per the approved drawings. This inspection is at the Property Owner’s/Builder’s expense and must be verified by a certified engineer. The inspection must be scheduled after roof framing has been completed. Ridgeline heights will be measured to the top of rough framing.

d) Framing and lath inspection - The fourth inspection should be requested when framing is completed and prior to stucco installation. This is to determine that all detailing, doors and windows have been installed per the approved plans. Any changes must be approved prior to their incorporation into the residence.

Note: A copy of the engineer’s verification of the ridgeline and floor heights must be presented to the ACC within 14 days after the floors are in place and roof framing has been completed. No exception to the predefined maximum ridgeline heights will be allowed. Any violation of this height will result in the contractor being required to remove the

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existing framing and new framing installed at the proper height at the contractor’s expense.

e) Final inspection - The final inspection should be scheduled when all work on the home has been completed. This includes all site work, landscaping, paving and painting. All exterior lighting must be installed and all final clean-up must be completed. A line of sight inspection will also occur to ensure that neighboring property views are not impeded.

5.4.19 Final Inspection Approvals Property Owners must receive approval of the final inspection on their Property before the construction deposit is returned to them. If it is found during the final inspection that the work was not done in strict compliance with the approved plans, the Property Owner will be notified by the ACC in writing of the discrepancies. The Property Owner will then have thirty (30) days to remedy these discrepancies. If, upon the expiration of thirty (30) days from the date of such notification by the ACC, the Property Owner shall have failed to remedy the non-compliant items, the ACC shall notify the Property Owner confirming non-compliance and shall take such actions as necessary to remove the non-complying improvements. This may include any actions without limitations, and may include injunctive relief or the imposition of an appropriate fine.

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SECTION SIX SPECIFIC GUIDELINES FOR NEW HOME CONSTRUCTION

6.1 Architectural Building Style

Residential design should reflect the natural topography, area compatibility, and excellence of design rather than reflecting a single architectural style. Well-designed homes that blend with the desert due to their simple low profile are acceptable and encouraged, while home styles that are “transplanted” from regions with different environments or styles are less desirable and may, in some cases, be inappropriate.

Design excellence will be determined by such elements as:

a) Topography and environmental considerations. b) Shapes and wall planes. c) Proportional massing. d) Adequate window articulation. e) Strong entry statements. f) Consistency of design and level of detailing. The architectural character of Ancala should

reflect the casual elegance of southwestern living.

6.2 Architect Usage

The ACC strongly recommends the use of Licensed Architects throughout Ancala for site and residential development. Site constraints, climate, the Standards, and City of Scottsdale laws and ordinances all demand professional expertise for often complex design solutions.

6.3 Building Elevations

The elevations must contain a variety of shapes and wall planes, proportional massing, window articulation, strong entry statements and consistency of design and detailing. Porches and front courtyards are encouraged.

a) All windows must be recessed a minimum of three (3”) inches from the immediate adjacent surface. Flush windows are prohibited. All window surrounds shall be stone, stone tiles, or stucco.

b) All fascia shall be a minimum of 2” x 8” or rolled stucco or equivalent. c) All garage doors must be recessed a minimum of twelve (12) inches and single stall door

openings are strongly encouraged. d) If parapet decorative mouldings are used, it shall be a minimum size of 12" to 16" in

height and a minimum of 6" in width at the top. A single shape of flat moulding will not be approved.

e) If framed and stuccoed patio and/or porch columns are used, a minimum of 16" x 16" framed columns must be constructed.

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6.4 Building Heights and Massing

All residences must conform to the maximum ridgeline heights chart as presented in Appendix E. NO variances will be allowed from these heights. On lots indicated N/A on the charts, in no case shall the heights exceed 30’ above natural grade.

The following general rules will apply:

a) The maximum height of any building mass of a residence may not exceed twenty-two (22’) feet at flat roofs or twenty-four (24’) feet at sloped roofs. If, however, the tallest building mass is less than thirty-three (33%) percent of the area of the residence then that mass only may have a maximum height of twenty-six (26’) feet at flat roofs or twenty-seven (27’) at sloped roofs.

b) In no case shall the overall height of a residence exceed thirty (30’) feet measured in a vertical plane from the parapet or roof ridge to the natural grade below that point.

c) In no case will a wall have an unbroken height of more than twenty (20’) feet. See the illustration below.

d) Massing shall reflect room size volumes or groups of masses rather than one dominate mass.

e) Each building with a flat roof shall be constructed as a series of visual building masses to be classified as a visual building mass. The mass shall have a minimum depth and width of at least twenty (20) feet, be a minimum of five hundred (500) square feet in area, and be offset by at least two (2) feet horizontally and two (2) feet vertically from another mass. Each residence shall be constructed in at least three (3) visual building masses as viewed from any elevation. Homes larger than five thousand (5,000) square feet, excluding garages, shall be constructed in at least four (4) visual masses as viewed from any direction.

f) Where ends of parapets are visible, they shall be a minimum of sixteen (16) inches in width.

g) Building designs shall incorporate varied projections such as wall offsets, trellises, covered porches/patios, or verandas that create textures, shade, scale and visual interest. A minimum of two (2) covered patios or porches must be incorporated in the design. Building masses shall not exceed forty (40) feet in one direction without a change in roof alignment, wall offset or elevation.

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6.5 Building Setbacks

A standard for minimum setbacks from property lines has been established as follows:

a) for front yards, side and rear yards adjacent to a street, the setback standard is twenty-five (25') feet;

b) for rear yards, the setback standard is twenty feet (20’); c) the setback standard between buildings on the same Lot is five feet (5’); d) for side yards in the specific areas of Ancala North, Ancala West, and Ancala East, the

setback standard is ten feet (10’); and for side yards in all other areas of Ancala, the setback standard is seven and one-half (7.5') feet.

All house construction must be done within the building setback, which is the area of each home site in which all house structural improvements (patios, porches, entry structures, etc.), and any modifications to add to the existing structure occur. Walls, fences, driveways, walkways, courtyards, pools and spas, equipment screening walls are allowed in the setback with the condition that they don't encroach in the NAOS. It is considered as the maximum conceptual disturbance area on each lot.

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6.6 Construction Signs

The following restrictions apply:

a) Construction signs must be the same size as Real Estate signage. All other specifications for Real Estate signs except coloration are applicable.

b) Construction signs are allowed only if a Builder owns the Lot in question and the Builder is in good standing with the Ancala Homeowners Association.

c) All construction signs must be removed when the Certificate of Occupancy is issued for the residence.

d) No subcontractor signage is allowed at any time on a Lot.

6.7 Cut or Fill Slopes

All cut or fill slopes must be retained by a wall that is either of natural stone, approved masonry, or textured and painted to match the residence.

6.8 Detailing in Architecture

As each house is visible from all directions, due to the varying terrain in Ancala, each residence should be designed with 360 architecture. That is, each residence must present the same detailing completely around all four sides of the house. Providing detailing only on the “front elevation” of the residence is prohibited.

6.9 Residence Size

There is a minimum size standard for the design of Ancala residences. The living area, exclusive of garages, patios, porches and other covered areas must be a minimum of Two Thousand Five Hundred (2,500) square feet. Each residence must also include a three-car minimum garage. No carports are permitted. Garages designed for the storage of recreational vehicles, motor homes or large boats will be reviewed on an individual basis.

6.10 Drainage

6.10.1 Natural or Existing Surface Water Drainage All natural or existing surface water drainage must be maintained or directed to natural washes or identified drainage easements. No surface drainage shall be directed so that it adversely affects adjacent Lots or natural areas.

6.10.2 Site, Grading and Drainage Plan All Lots must have a site/grading/drainage plan. The plan must show: a) existing grades at two (2) foot contour intervals; b) proposed finished pad elevations; c) retaining walls with top of wall elevations; and d) all drainage swales necessary for proper overall drainage.

6.10.3 Approval Plan The grading and drainage plan must be a) prepared by a Civil Engineer registered to perform work in the State of Arizona; b) be approved by the City of Scottsdale; and c) be approved by the ACC. The finished floor elevations shall conform to the approved site plan.

6.10.4 Washes and Drainage Easements Washes and drainage easements occur throughout Ancala and must remain unobstructed. No site improvements, either walls or buildings, may obstruct washes or drainage easements. All washes and/or drainage easements must be identified on the site plan. All "rip rap" flowages must be approved by the City of Scottsdale.

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SECTION SEVEN STANDARDS FOR NEW AND EXISTING HOME/STRUCTURE

IMPROVEMENT AND ASSOCIATED PROPERTY IMPROVEMENT

7.1 Addition of Residential Square Footage

Any expansion of the square footage of living space of a residence that results in a change in the exterior appearance or dimension of a residence must be approved in advance by the ACC. Any additional structures or walls must be compatible with the existing residential architectural style and design. Materials, finishes and color of the exterior portion of additions must be compatible with those used for the main building.

7.2 Address Identification

The address identification for each Ancala residence should be on the property facing the street and should consist of numbers only rather than the full written number and street name. Numbering on the mailbox should be proportionate in size to the mailbox, easily readable from a reasonable distance, facing outward to the street, and should be of material that is compatible with what is used for the residence. The style of the numbering is expected to be compatible with or appropriate to the architectural style and design character of the residence. The use of special features such as wagon wheels, sculpture, historic artifacts, etc. must be submitted to the ACC for approval.

7.3 Air Conditioning Units and Portable Tanks

Any mechanical items located on a Lot including, but not limited to, air conditioning units and portable propane tanks shall be located behind an approved screen wall such that they are not viewable from any adjacent properties or streets. No mechanical equipment shall be mounted on, or attached to, any roof. Air conditioning units must be ground mounted behind an approved screen wall.

7.4 Antennae

No visible type of antennae for television, amateur radio, or other similar structure shall be permitted within the Ancala community.

7.5 Audio and Video Systems

Mounting and use of audio and/or video systems in outdoor property areas on any Lot including, but not limited to, patios, outdoor kitchens, barbecue and grill space, pools, spas, ramadas, and cabanas is permitted provided that noise levels and visual lighting intensity/wattage and reflection from use of any such equipment does not impact the neighborhood or any Property Owner’s enjoyment of their own adjoining property. Noise from such systems must be contained and controlled and the mounting of any video equipment must be directional to the subject property only to ensure that there is no visibility or reflection of the monitors or screens when they are in use to anyone on a neighboring Lot.

7.6 Barbecues and Grills

Barbecues and grills are limited to the Private Zone and may be built as part of a hardscape and, as such, must be designed to integrate with the architectural features of the residence rather than as free-standing structures. Compliance with all City of Scottsdale laws and ordinances as

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applicable must be demonstrated and safety of operation assured. Adequate clearance and set back from vegetation should be ensured to promote safety and avoid fire hazards.

7.7 Basketball Hoops

7.7.1 Permanent Freestanding Basketball Hoops and Backboards Permanent freestanding basketball hoops and backboards are permitted in the backyard or side yard of any residence, subject to ACC review and approval of the location, color and landscape screening provided for the equipment. There shall be no lighting of basketball hoops and backboards. Visibility of basketball hoops and backboards must be minimized from the street, golf course, other Lots and public spaces. Permanent freestanding basketball hoops and backboards are not permitted to be placed in the front yard of any residence.

7.7.2 Portable or Movable Freestanding Basketball Hoops and Backboards Portable or movable freestanding basketball hoops are permitted in the front yard of any residence with the following stipulations: a) there shall be no lighting of the basketball structures at any time; and b) the portable basketball structures must be put away out of sight when not in use Monday through Thursday. The structure may be left in the front yard from 9:00 a.m. on Friday to sunrise on the following Monday morning.

7.7.3 Color and Screening The color of the basketball hoop and backboard must be a neutral tone. Landscape screening of the basketball hoop and backboard should be put in place wherever possible to minimize the visibility of the hoop and backboard from the street, golf course, other Lots or public spaces.

7.8 Boulders and Rocks

Boulders or rocks may be used on properties and on the perimeter of properties. However, if placed along the perimeter of a Lot with the street, the size of the boulders or rocks cannot exceed four (4) inches in height nor be placed closer than eighteen (18) inches from the street. Use of boulders or rocks that exceed four (4) inches in height must be done so that the boulders or rocks are not placed in a continuous manner. In these cases, the boulders or rocks must be placed so that they are separated by at least five (5) feet and on a line parallel to the street.

7.9 Chimneys

Chimneys shall conform to the City Ordinance in size and location. All metal chimney flues and spark arrestors must be concealed by a decorative shroud which matches the color and architecture of the structure.

7.10 Courtyards

Courtyards may be installed in the front yard of a residence and should be enclosed by a wall not to exceed four (4) feet in height from ground level. The materials, finishes and color of the courtyard walls must be consistent with what is used for the main building and with the architectural style and design of the residence. A courtyard gate may be constructed of metal/wrought iron in a powder coat finish consistent with the architectural design and style of the residence, and may be painted a trim color approved by the ACC. All metal parts and hardware of the courtyard gate must be painted to match the approved color scheme. Fountains and yard art may be placed within the walls of a courtyard.

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7.11 Doors

7.11.1 Front Door The style and appearance of the residential front door must complement the house design and must be in a color that compliments the home. The door frame should be matched in color to the door. Materials that can be used for the construction of front doors vary and include wood, metal, glass, and stained glass. Any of these materials is acceptable provided that the material selected is consistent with the design of the home and fits that design. Glass window panels may be included on a front door if compatible with the house design.

7.11.2 Security Door Security doors are those which are placed in front of and in addition to regular doors to a residence. The purpose of a security door is to provide another level of security to protect home entry. High quality security doors may be placed over front, side or back residence doors. The security door must give the appearance of quality consistent with the Ancala community and must be approved by the ACC prior to installation.

7.12 Driveways

Entrance driveways should be located so as to minimize the visual impact on the neighborhood and natural features of each Lot. For homes that have a single driveway, the width of the driveway cannot exceed twenty-four (24) feet where it intersects the street unless approved otherwise. For homes that have two driveway accesses, the width of the driveway cannot exceed thirty-two (32) feet in total width at the edge of the ribbon curb with a single connection not larger than twenty-four (24) feet in width. The two driveways must be separated by a landscaped area approved specifically by the ACC. The driveways should intersect the street at a minimum angle of sixty (60) degrees. Asphalt and uncolored, smooth concrete driveways are prohibited. Approved materials are listed in 7.30.

7.13 Exterior Surfaces, Finishes, Colors and Materials

7.13.1 Exterior Finishes Exterior finishes must generally be materials that harmonize with the natural surroundings. Exterior materials must be compatible with one another, in an appropriate scale for the building, appropriate to the residential architectural theme and compatible to the existing neighborhood.

7.13.2 Materials The following materials are approved for use in Ancala (submittal of samples and colors is required):

a) Stucco/Synthetic Stucco - smooth, sand and light dash steel with trowel finishes. b) Masonry - split faced, honed, striated and adobe. c) Stone - stone veneers with honed, natural or split faced finishes. d) Wood - wood may be used in limited applications if properly installed, braced

and bracketed to prevent warping and twisting and properly maintained. e) Pre-Cast Concrete - precast columns, sills and lintels may be used. f) Metal - metal accents such as railings and gates if properly maintained (note that

galvanized metal must be primed and painted). g) Surface Treatments - all surface treatments and materials must be designed to

appear as an integral part of the design and should not be applied. All materials

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must wrap columns, porches or balconies in their entirety and terminate at inside corners only.

7.13.3 Prohibited Materials Some materials are prohibited and cannot be used in Ancala, including but not limited to the following: reflective glass, reflective metal, wood siding, asphalt shingles, wood shingles, asphalt driveways, and vinyl clad or metal siding.

7.13.4 Paint Colors The basic intent for paint colors used on Ancala residences is to achieve a subdued appearance with natural desert colors which blend with and enhance the colors of the natural surrounding desert. Two colors which reflect natural desert hues or colors, one base and one trim, will be the maximum allowed per residence. All colors must be submitted and approved by the ACC prior to their application. Those colors which are prohibited for Ancala residences include all bright colors, which do not blend with the surroundings. Whites, off whites, cool grays, blues, pinks, etc., are examples of prohibited colors. Contact the Ancala HOA Executive Director for a sample paint book.

Light Reflective Values (LRVs) are associated with all paint colors. The maximum LRV permitted for Ancala residences varies depending on the location of the Lot. The maximum LRV permitted in the original Ancala section (Lots designated as "A" (number) is sixty (60). The maximum LRV permitted in Ancala West, Ancala East, and Ancala North is forty (40).

7.14 Fences and Perimeter Walls

Fencing constructed on the property must be approved by the ACC. Any wrought iron fencing must be in an acceptable color that is compatible with the colors used for the residence. Pier and wall type site walls/fences are not allowed in Ancala. Pier and wall type site walls are masonry walls with 8" pilasters with a masonry block built between the pilasters. All masonry walls must be built using 8" concrete blocks.

7.15 Fire Pits and Firewalls

Fire pits and firewalls may be constructed within the boundary of a Lot and must be designed to integrate with the overall residential design. Firewalls must be constructed to ensure safety and compliance with all City of Scottsdale laws and ordinances to include ten (10) foot setbacks from the property line and use of gas flames.

7.16 Fireplaces

Fireplaces must be constructed in compliance with all City of Scottsdale laws and ordinances regarding fireplaces. Spark arresters must be installed in all fireplaces. Fireplace chimneys must be situated to avoid view obstruction from adjacent properties. All metal chimneys and spark arresters must be concealed by a decorative shroud in a color and architectural style consistent with the residential design. Fireplaces must be set back at least five feet from the Lot line and be no more than eight (8) feet tall. Fireplaces may be gas or electric. Wood burning fireplaces may be allowed only if they meet certain EPA code requirements and are approved by the City of Scottsdale.

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7.17 Flags and Flagpoles

In accordance with Arizona State Statute, the following flags may be displayed on each Lot in a manner consistent with the Federal Flag Code:

1. American flag or official replica of the United States Army, Navy, Air Force, Marine Corps or Coast Guard

2. POW/MIA Flag 3. Arizona State Flag 4. An Arizona Indian Nations flag 5. The Gadsden Flag 6. No more than two (2) flags may be displayed at a time. Flags may be mounted on a flag

pole or bracket. The size of the flag shall not exceed three (3) feet by five (5) feet. The height shall not exceed the roof height of the residence or twelve (12) feet, whichever is less. Flag poles or displays must be within the building setbacks.

Ancala is zoned single family with ESL (Environmentally Sensitive Lands). The following are the flag pole requirements for any flag pole located in the ESL:

1. Flag poles cannot be located in a front yard setback. 2. Flag poles shall adhere to the allowed building height per the underlying zoning district.

For properties in the ESL, the maximum height is 24’ from natural grade. 3. Flag pole shall be one piece, conical and tapered. 4. The pole shall be treated with a matte finish or non-reflective application. 5. Only governmental flags can be flown (no commercial advertising allowed). 6. Lighting is restricted in the ESL areas. Illumination for flag poles must be mounted on

top of the flag pole, with the light source aiming downwards at the flag, instead of upwards.

a. Lighting manufacturers cut sheets, specifications and photometric plans are required for review if lighting is proposed.

7.18 Fountains and Water Features

Fountains may be placed within enclosed spaces such as courtyards and patios. The size of the fountain (height and width) should be proportionate to the area within which it is located. The color of the fountain should be compatible with the residence color. Any noise from use of the running water feature should be minimized to avoid disturbance to the neighboring properties.

7.19 Garages and Garage Doors

A three-car minimum enclosed garage to accommodate full-sized automobiles must be provided for each residence unless otherwise specified in writing by the Architectural Committee. The driveway for each Property must be constructed to accommodate the parking of at least two guest vehicles. Views of guest parking areas must be minimized by the use of screen walls, berms and landscaping. No exterior storage of recreational vehicles or boats will be permitted.

A variety of residential-styled garage doors may be considered, but all must be approved by the ACC Committee. The garage doors of a residence must be consistent with, and fit with, the design and architecture of the house. The finish of garage doors may be painted or stained, and the color must match or harmonize with the surface appearance of the main residence. Any

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special patterns, windows or any unique styling of garage doors must be approved by the ACC in advance of installation.

7.20 Gates (Location/Color/Material)

Gates may be built on the front, side or back of a residence, including leading into a front courtyard. Gates must be constructed of heavy metal and may be powder coated. Gates must be a color that is approved for the trim in the Ancala community and compatible with the residence color. Double gates must be of a compatible design and appearance with the residence.

7.21 Guest House/Suite or Casita

A Guest House may be constructed on an Ancala Lot upon approval from the ACC. A Guest House, Suite, or Casita must be designed as a single visual element with the residence, and should be visually related and connected to the residence by walls, courtyards, or major landscape elements. The architectural character and detailing of the Guest House, Suite or Casita must be consistent with the main building. Materials, finishes and color must match the main building or residence unless a variance is granted in writing by the ACC. The Guest House, Suite or Casita must comply with all Scottsdale zoning regulations and ordinances. A Guest House, Suite or Casita may be not be leased or rented separate and apart from the lease or rental of the main house.

7.22 Holiday Decorations

Winter holiday decorations may consist of lighting, nativity scenes, ornamentation, and/or animated displays. Winter holiday decorations may be on display from the day after Thanksgiving through January 7. As of January 8, all winter holiday decorations must be removed. Decorative lighting may be put up in advance but cannot be turned on for display until the day after Thanksgiving. Any decoration that is visible during the day, such as animated figures, pathway decorations and tree ornamentation should not be displayed prior to the day after the Thanksgiving holiday.

All other holiday decorations put up throughout the year may be displayed for up to thirty (30) days prior to the holiday and must be removed by no later than seven (7) days following the holiday.

7.23 Landscaping

Each Lot consists of three landscape zones: the Natural Zone, the Transitional Zone and the Private Zone. All disturbed areas of the site must be landscaped per the approved plans. Landscaping for all areas must be completed within sixty (60) days of substantial completion of the residence.

7.23.1 Natural Zone The “Natural Zone” is that portion of a Lot which lies outside of the building envelope and must remain as natural desert in accordance with City of Scottsdale laws and ordinances. Upon approval of the landscape plan by the ACC, the Property Owner is required to execute and record a natural area easement for this Zone with the City of Scottsdale.

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7.23.2 Transitional Zone The “Transitional Zone” is that portion of the building envelope which lies between the Natural Zone and the wall(s) of the residence. This area is visible from adjacent Lots, streets and public spaces and must be replanted to blend into the adjacent natural area. All plants in the Transitional Zone which are visible from an adjacent Lot, street or public space must be from among those on the Ancala Approved Plant List or must be separately approved by the ACC. The Transitional Zone area must be provided with an irrigation system during the time required for the plants to establish themselves and survive on their own. The time frame this requires is approximately one year.

7.23.3 Private Zone The “Private Zone” is that portion of the building envelope which is not visible from adjacent Lots, streets and public spaces. Patio and courtyard areas are examples of Private Zone space. Private Zones may be designed as mini-oasis areas and may be planted as desired by the Property Owner, provided all plants contained in the Private Zone are on the Ancala Approved Plant List or have been approved by the ACC.

7.23.4 Approved Plant List The Ancala Approved Plant List identifies trees, shrubs, ground covers, vines, cacti, succulents, ornamental grasses, perennials, annuals and lawn grass that are approved for planting in the Ancala community. Property Owners are required to use this list as a reference source when making decisions about plantings on their property. See Appendix B for the Ancala Approved Plant List.

7.23.5 Information on Prohibited Plants The Prohibited Plant List for Ancala is provided for Property Owner reference. It includes those plants which have been determined to be undesirable within the Community for reasons including, but not limited to, attracting pests and other problematic wildlife, as well invasive plants that restrict the flow of water in washes and drainage areas due to overgrowth. Under no circumstances is it permissible to use any plant that is prohibited for landscaping purposes in the Ancala community. See Appendix C for Prohibited Plant Information.

All invasive species as defined by the City of Scottsdale are prohibited. To view the most up-to-date list search “invasive plants” on the City of Scottsdale’s website at www.scottsdaleaz.gov.

7.23.6 Protected Plants Protected plants are those desert plants which must be safeguarded pursuant to State of Arizona and City of Scottsdale laws and ordinances. Property and landscaping improvements should be sited to avoid these protected species if possible. Protected species may be relocated by qualified professionals, but if they do not survive the relocation, they must be replaced with a plant of the same species and size. No protected plants shall be damaged, destroyed or removed from any Lot. Protected plants located within the building envelope may be relocated in accordance with City of Scottsdale laws and ordinances.

7.23.7 New Home Plantings For a new home a minimum of six (6) 36" box trees planting is required. This should be accomplished by utilizing salvaged trees from the owner's lot and/or new trees selected from approved plant list. Those trees should be planted in the Transitional Zone/Private

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Zone areas. Plant minimum of ten shrubs (five gallon and one gallon) per 1,000 square feet of building area (disturbed ground area). Follow City of Scottsdale NAOS re-vegetation guidelines for number and type of plants required to revegetate disturbed NAOS areas.

7.23.8 Tree Maintenance In the approved plant list (Appendix B) there are trees that grow more than 20' in height. Care should be exercised in selection of the trees so matured height does not exceed allowed construction ridgeline height of the house. If trees grow higher than constructed ridgeline height owners are required periodically to top the trees by trimming below ridgeline height to comply with Ancala’s Line of Sight policy.

7.24 Landscape Stone Landscape stone may be used on residential Lots and Property Owners are encouraged to use stone which complements the architectural color of the residence and reasonably blends with the prevailing stone used in the neighborhood. Landscape stone colors must be approved by the ACC. No rope or chains are permitted to accent the landscape stone.

7.25 Lighting

7.25.1 Exterior Lighting The exterior lighting plan of each residence and yard must be submitted for ACC approval. The overall concept for all exterior lighting should be to create a unified, natural lighting look that will not interfere with anyone’s nighttime views of the surrounding desert, mountains, or city. Exterior lighting may be used for general, area, or security illumination purposes but must be placed in accordance with all requirements outlined here. Lighting of the NAOS is not permitted. No flood lights are permitted.

7.25.2 Lighting Intensity and Direction Additional site lighting is permitted within a building envelope, provided such lighting does not result in excessive glare towards the street or neighboring properties. All lighting must be subdued with no visible light sources. All exterior lighting is subject to approval by the ACC, must be at low level subdued intensity, should be directed so that it only reflects vertically and not horizontally across a Lot, and must be directed downwards with at least fifty (50) percent of the source of light shielded by a solid surface, allowing no light to pass through. If low voltage spot lights are used, they must be positioned on the opposite side of the landscape element being highlighted and must be directed upward and/or slightly back towards the residence. Lenses of the remaining area must be colored, semi-opaque material. Clear or all white lenses are not permitted. Mounted lighting on buildings must be directed downward and away from adjacent Lots, streets, or open spaces.

7.25.3 Outdoor Lighting (Commonly referred as Dark Sky Ordinance) All exterior lighting must be in compliance with the Maricopa County Dark Sky Ordinance in Chapter 11 Section 1112. The Maricopa County Dark Sky Ordinance includes provisions designed to control the use of outdoor artificial illuminating devices emitting rays into the night sky which have a detrimental effect on astronomical observations. It is the intention of this Ordinance to encourage good lighting practices such that lighting systems are designed to conserve energy and money, while increasing

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nighttime safety, utility, security and productivity. This Ordinance can be accessed at the following site: https://www.municode.com/library/az/scottsdale/codes/code of ordinances

7.25.4 Security Lighting Security lighting must be directed so as to not shine or cause glare visible to neighboring property, and shall be directed to view the subject property only. Security lighting must have one hundred (100) percent of the light source shielded and directed downward. Lighting may be installed on the ground on walls or trees, or beneath eave overhangs and lighting must be screened, wherever possible, with walls, plant materials or internal shielding. Lamps with a maximum 40-watt incandescent bulb should be used.

7.26 Mailboxes

Mailboxes should be located at the street intersection with a property and must meet U.S. Postal regulations. They should utilize the same materials and colors as the residence. They must also be consistent with the aesthetic of the community, conform to the appearance of the house and surrounding area, and reflect the design character of the residence rather than presenting a unique and different design characteristic. The design, materials and location of the mailbox must be included as part of the architectural construction blue prints and the mailbox must be approved by the ACC prior to installation.

7.27 Natural Area of Open Space (NAOS)

Most Lots within the Ancala community include a Natural Area Open Space (NAOS). The NAOS is considered protected property and governed by the City of Scottsdale. The NAOS must remain in a natural state and Property Owners may not build or expand into the NAOS on their Lot. NAOS areas should not be watered by Property Owners after first year of planting. Property Owners shall maintain their Natural Area Open Space in accordance with the City of Scottsdale guidelines. If a Lot contains a natural wash area, the washes shall be maintained to control the vegetation. In addition, all Property Owners are required to create a defensible space around structures on their Lot to prevent fire damage and to allow firefighters the ability to reach your property in the case of an emergency as required by the City of Scottsdale's fire code. Below is information from the City of Scottsdale that identifies areas that can be maintained to create this defensible space.

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Defensible Space Protects Your Home*

Homeowners and contractors should create a well-maintained, live vegetation zone to prevent damage to structures in case of wildland fires. This "defensible space" acts as a fire break, and should contain only small brush and ground cover to prevent a continuous path of flammable materials leading to inhabited structures.

Specific Preventative Actions Recommended:

Maintain a 15-foot zone around your home; remove perennial grasses and thin overgrown bushes; remove dead branches or branches touching the ground. Remove dead vegetation that is down on the ground from an additional 15-foot zone for maximum protection (30 feet total).

Defensible Space Action 1 - trim live vegetation Action 2 - remove dead & down vegetation Homes 15 feet 15 feet Walls 5 feet 15 feet Roads 10 feet 20 feet Construction Building envelope 30 feet outside building envelope

Please Note: The vegetation maintenance areas may be increased by the Fire Marshal up to 100-feet, based upon terrain, to provide an adequate defensible space. This would typically occur in hillside areas where fires can quickly spread upwards in addition to outwards and where the deployment of fire trucks and equipment might be difficult.

*From website http://www.scottsdaleaz.gov/fire/wild-fire-prevention

Property owners are required to meet City of Scottsdale requirements for the maintenance of NAOS. Specifically, Property Owners may not build on or use NAOS land and must ensure that regular elimination of invasive plants in these areas including desert broom, brittle bush, fountain grass, red bromegrass, tamarisk and buffel grass.

7.28 Patios

Patios may be included in the back and side yard of a residence. Fixed screened porches and patios are not permitted in any Ancala residence. Patios may be constructed of wood, masonry, concrete, and stone and must match the design and texture of the residence aesthetic. The color of the materials used for a patio must be aligned with the architecture and coloration of the residence.

7.29 Patio Shades/Awnings/Screens

Patio shades/awnings may be used for homes with a sun exposure that requires additional property shading. All patio shades/awnings must be a neutral color and must match and be consistent with the architectural style and environment of the residence. The quality of the materials used for patio shades and awnings should be appropriate for luxury communities. Shade sails are prohibited in the Ancala community. Window screens may be used on the exterior of residences and should blend with the architectural detail of the residence.

7.30 Pavers, Concrete, Brick, Flagstone

Materials to improve driveways, walkways, patios, and other areas may include stone pavers, concrete, brick and flagstone. Any materials used must match the aesthetic of the residential design and must complement the existing color and style of architecture predominant for each residence. Concrete, pavers, brick and flagstone may not be painted, stained or artificially

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altered without the prior approval of the ACC. (Please also see Section 7.13 for additional information.)

7.31 Play Equipment

Play equipment including swing sets, slides, trampolines, and other structures may be set up in an enclosed back yard of a residence but shall not be visible from the street, public spaces or natural areas. The size of the play equipment must be proportionate to the yard or area within which it is located. The height of any play equipment shall not exceed eight (8) feet. The color of play equipment must be a natural desert color and should be complementary to the color of the residence. In the case of trampolines, if safety netting is used it must be black and the color of the supporting poles must match the residence. Play equipment may be recessed into the ground to meet the overall height limits.

7.32 Putting Green

Putting greens installed from artificial turf may be permitted in enclosed side or rear yards. The size of the area should not be disproportionate to the total size of the yard. A sample of the turf material to be used should be provided for ACC approval. Property Owners are expected to properly maintain any putting greens once installed.

7.33 Ramadas, Cabanas, Gazebos

Ramadas, cabanas and gazebos may be constructed in back yards only and shall be in accordance with the ridgeline restrictions. The structure must be painted to match the color scheme of the residence and the materials and finishes must be consistent with those of the main residence. The structure shall be located a minimum of five feet from any other structure or in accordance with City of Scottsdale ordinances. Any lighting or audio equipment mounted on these structures should not be directed toward, visible or audible from neighboring properties. The roof shall be constructed of roofing material consistent with those used for the main residence.

7.34 Roofs

Pitched, flat or sloped roofs are acceptable. As roofscapes will form an important part of the visual environment, they must be carefully designed. Neither flat nor sloped roofs will predominate. Roofs of residences in the Ancala community may be built of tile or other suitable material. Pitched roofs shall be hipped and may have a maximum slope of six to twelve (6:12). Mansard roofs are prohibited. Roof mounted mechanical equipment is prohibited. Dominant roof colors such as white, black and red and reflective roof surfaces are prohibited. Flat roofs must be painted to match the residence. Parapet walls must be continuous around the entire elements of the house that it encompasses. Any changes to the materials, shape or color of a roof must be approved in advance by the ACC. Any repairs that do not change the materials, shape or color of a roof are considered maintenance and do not require ACC approval. Refer to Section 7.39 regarding solar panels.

7.35 Retaining Walls

Retaining walls built on any Property shall not exceed eight (8') feet in height, measured from the lowest natural grade adjacent to the wall. Any terraced retaining walls must be separated by a distance no less than the height of the tallest wall and the terraced area landscaped. Any combination of retaining wall and screen walls shall not exceed a maximum height of eight feet

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(8'). Any variance of this requirement requested due to the topography of the Lot must be approved by the ACC. A safety steel fencing can be placed on top of retaining walls if approved by the ACC.

7.36 Satellite Dishes

Satellite dishes one meter or less in diameter and its mounting hardware must meet the following requirements:

1. The satellite dish must, to the extent reasonably possible, be placed on the Lot in such a manner as to not be visible from adjacent Lots, common areas, natural areas or streets.

2. It shall not be installed at a higher elevation than what is necessary for reception of an acceptable quality signal.

3. If no other location is available without impairing the user’s ability to receive signals, the dish may be located on, and mounted to, the residence. However, in this case it must then be painted a color which will blend into the background against which it is mounted, so long as so doing will not affect the reception of such device.

4. A satellite dish may not encroach on common areas or on any neighbor’s property or on party walls. Any damage to a common area resulting from the installation of a satellite dish is the responsibility of the Property Owner.

5. The Property Owner is responsible for the appropriate maintenance of the satellite dish so that it does not fall into disrepair or become a safety hazard. This includes maintenance of any paint or finishes, brackets, fasteners or other associated hardware.

7.37 Privacy or Utility Enclosure Walls

Privacy or utility enclosure walls shall be of permanent construction and design and presented as visual extension of the architecture of the main structure. These walls shall not exceed six feet (6'-0") in height, measuring from the lowest natural grade adjacent to the wall. Privacy or utility enclosure walls must be natural stone, approved masonry or textured and painted to match the residence. Any combination of retaining wall and screen walls shall not exceed a maximum height of eight feet (8').

7.38 Signage

7.38.1 Political Signs Property Owners may post political signs on their property in accordance with federal, state and local laws and ordinances.

7.38.2 Real Estate and Other Related Signage Real estate signs are those used when residences are for sale or for lease and must be in accordance with Arizona State Law regarding such signage.

The following guidance is provided regarding the nature and placement of real estate signs in Ancala:

a) A standard real estate sign (“for sale”, “for lease”) will be permitted and must conform to industry standard size, which means that it cannot exceed 24” wide x 18” tall.

b) A rider may be added to the sign, measuring 24” wide by 6” tall. c) Property Owners selling their own home without the assistance of a licensed

Realtor can substitute a “For Sale by Owner” sign while remaining in compliance with the above requirements.

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d) No advertising riders, balloons, flags, banners, fliers or other promotional material may be attached to a real estate sign, sign holder or to a residence.

e) Property Owners shall be responsible for obtaining signs, appropriate placement of signage, maintenance and removal of the signs to remain compliant with ACC guidelines.

7.38.3 Open House Signs Open House signs are those used on selected occasions when residences are “opened” to the public. Any Realtor or Property Owner who wishes to hold an open house for a home for sale within Ancala is required to give 48 hour notice to the Homeowners Association by calling the main gate security staff at 480-451-4701. In addition, the following are required:

a) One “Ancala Open House” sign may be placed at the Main Entrance at 118th Street and Via Linda.

b) One “Ancala Open House” sign may be placed at the street in front of the residence.

c) No directional signage will be allowed on any common areas or streets. d) Residences may hold an Open House during the time period 8:00 AM to 6:00 PM

daily (Sunset hours may be available with the Homeowner Association’s prior approval.)

e) Ancala staff requires identification and log in of all Agents and interested buyers who enter Ancala.

f) Under no circumstance will Ancala Security hold, distribute or collect keys for a listed property.

g) Properties being shown must have full time staff in each house at all times. h) No loud music, streamers, balloons, lights, or other advertising is permitted. i) It is the responsibility of the Seller to advise the Agent of the Homeowners

Association rules regarding roadways, traffic, and parking.

A single sign, not exceeding 120 square inches, may be installed so that the top of the sign is not higher than twenty (20) inches above adjacent grade. The sign must be installed parallel to the curb and six (6) to eight (8) feet behind the front curb.

7.38.4 Estate or Garage Sales (Are not allowed.)

7.39 Solar Panels

The ACC must review applications for the installation of solar panels. Care should be given so as to avoid reflective light from the placement of solar panels negatively impacting neighboring properties. Panels must be an integrated part of the roof design and mounted directly to the roof plane or concealed behind a parapet. All ground mounted solar systems must be screened from adjacent Lots, public spaces or natural areas. Please refer to Section 7.34 regarding roofs.

7.40 Sports/Tennis Courts

Sports Courts may be built in a rear or side yard of a residence. If added to a Lot, a Sports Court must be screened from adjacent properties and should not be visible from the street. No night lighting of a Sports Court is permitted. All sports courts must be approved by the ACC. Tennis courts are not permitted to be built on any lot in Ancala.

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7.41 Storage Buildings and Sheds

Storage buildings and sheds are not permitted on any property or Lot. Temporary or portable storage units (such as PODS) may be placed on a property or Lot for a time period not to exceed thirty (30) days. If used, these must be wholly contained within the boundary lines of a property and may not encroach on any adjoining property, common area, natural area, street, sidewalk or walkway.

7.42 Swimming Pools, Spas, Water Features, and Equipment

Swimming pools, spas and water features should be designed as being visually consistent with the residence through use of walls, planters, courtyards and landscaping. Swimming pools must be constructed to meet all requirements of the City of Scottsdale and must be properly enclosed according to City and County regulations. All pool equipment must be screened by an approved wall high enough to completely hide the equipment from adjacent lots, streets, public spaces and natural areas. Any pool, patio or perimeter walls, fences and gates are considered part of the building elevation. Pools cannot be drained onto adjacent property. Water features may be installed in rear yards but must be a minimum of five (5) feet from all Lot lines. Water features may not be installed in front yards, except within walled courtyard areas, without prior ACC approval. No fountain or shower is permitted to drain directly into a wash corridor or common area.

7.43 Tents

Tents of any kind are not permitted to be constructed on any property.

7.44 Trash and Recycling Containers

Trash and recycling materials must be kept at all times in a covered container, and the container must not be visible from the street on any day other than collection days. Ancala residents may place their trash and recycling containers at the curb for collection no earlier than 4 p.m. the day before pickup and must be removed no later than 9 a.m. on the day after pick up. If there are extenuating circumstances that do not allow residents to comply with this schedule, please contact the Executive Director. Property Owners are responsible for picking up and disposing of any residual trash spillage in the street or on their property.

7.45 Trellises, Arbors and Pergolas

Trellises, arbors and pergolas may be constructed as attached to a residence and may not exceed a height of ten feet from ground level. The materials and colors used should be consistent with those of the main residence.

7.46 Vents, Stack Pipes, and Mechanical Vents

Vents, stack pipes and mechanical vents shall be limited in number, and painted to blend with the roof color. Pipes should be clustered and located on the rear side of the roof, or placed in location out of view.

7.47 Walkways

Walkways must be constructed using aggregate or colored concrete (neutral tones only) or paver stones that complement the architectural design and color of the residence. Concrete staining is not permitted in Ancala.

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7.48 Windows, Glass and Skylights

Care should be given to the size, type, grouping, and orientation of windows to preserve the architectural design integrity of a residence. Windows must be recessed a minimum of 3 inches. The style of windows should be consistent on all sides of a house. No reflective glass is allowed although tinted glass in gray or bronze may be used to minimize reflections. Skylights may be included in the roof design of residences. If so, they must be located so that they are not visible from adjoining Lots or from Lots located above. When used on sloped roofs, the darker glass tones and frames that blend with the roof should be used. Approval of skylight location and color is subject to ACC review.

7.49 Yard Art

Yard art should be limited to an enclosed courtyard area or in the backyard of any Ancala property. All other areas of placement must be approved by the ACC. If placed in the back yard of a residence, it must be fully contained within the yard and not exceed the height of the back perimeter wall.

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SECTION EIGHT RULES FOR CONTRACTOR/CONSTRUCTION WORK IN ANCALA

(For New Home Construction and Existing Home Improvements)

Property Owners are responsible for both understanding the “Rules for Contractor/ Construction Work in Ancala” and ensuring their contractors understand and follow these rules when on site. Common Area Access and Site Aesthetics regulations have been approved by the Ancala HOA Board of Directors and are intended to ensure that all contractor work is performed in accordance with basic standards of access and aesthetics in the Ancala community. These are summarized below.

8.1 Commencement and Completion of Work

8.1.1 Timelines When the Property Owner is notified that their Application has been approved by the ACC, the Property Owner is responsible for satisfying any and all conditions or stipulations that may be associated with the approval decision. Upon doing so, the Property Owner is responsible for ensuring the work associated with the approval begins within one (1) year of the date of Application approval notification and must be completed within two (2) years thereafter.

8.1.2 Request for Time Extension In the event that the work has not begun within one (1) year of the approval notification nor completed within two (2) years thereafter, the Property Owner may submit a written request for an extension of time for completion of the work. This request should be submitted to the ACC in advance of the expiration of the original completion date. The ACC may, at their discretion and upon their finding that there has been no change in circumstances during the two-year time period, extend the two-year time period if so requested by the Property Owner. Such extension, if approved, shall be provided in writing by the ACC.

8.1.3 Incomplete Work If the Property Owner fails to satisfy any stipulations or conditions of the approval, if the work does not begin within one (1) year of the approval notification, or if the work is not completed within two years thereafter, the approval decision shall be deemed to be revoked.

8.1.4 Contractor Conduct The Property Owner is responsible for the conduct and behavior of all agents, representatives, builders, contractors, and subcontractors while on their Lot and within the Ancala HOA. The Builder or Contractor is responsible for all activities associated with the services they were hired to perform.

8.1.5 Natural Calamities or Emergencies Regarding the completion of new home construction within a period of two (2) years, the Property Owner shall be responsible for work on all exterior surfaces unless such completion is rendered impossible or would result in great hardship to the Property Owner due to strikes, fires, national emergencies or natural calamities. In this case, the ACC may notify the Association of such failure and the Association, at its option, shall either complete the exterior in accordance with the approved drawings or remove the improvement and the Owner shall reimburse the Association for all expenses incurred in connection therewith.

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8.2 Compliance with Legal Regulations and Requirements

The Property Owner is responsible for obtaining any applicable City or County Building Permits and must ensure compliance with all City, County and State Laws. In addition:

a) All front and rear yard lot lines must be strictly adhered to. b) No damage or destruction to any NAOS land adjacent to a Lot is allowed. No stripping of

NAOS land, stones, or planting is permitted. c) All signage rules established by the Ancala HOA must be followed.

8.3 Work Staging, Progress, Conclusion and Clean Up

8.3.1 Storage of Materials/Dumpsters/Portable Toilets Work cannot be staged in the street and materials cannot be stored or dumped in the street. Any construction materials that are delivered to the site and subsequently stored for use on the site shall be unloaded and stored completely within the boundaries of the site. No deliveries or storage shall be allowed to encroach on any street, common area (including golf course property) or adjacent lots. Violation of this provision shall result in a fine of Two Hundred Fifty Dollars ($250.00) per day or portion of a day for each occurrence.

Each site shall have one trash dumpster and one portable toilet per Lot, both of which shall at all times be placed in the property of the Lot itself. The dumpster shall be placed length wise, parallel to the street, in the 25' foot front yard setback of the Lot. The portable toilet shall be placed between the dumpster and the home so as to minimize any view of the toilet from the street. Violation of this provision shall result in a fine of Fifty Dollars ($50.00) per day.

8.3.2 Clean Up of Site Contractors are expected to clean up all trash and debris on the site at the end of each day. Lightweight materials should be secured so that they are not blown off the site. Dumping, burying or burning trash anywhere on the surrounding area is prohibited. During the construction period, the site should be kept neat and clean and shall be properly policed to ensure that it does not affect other Lots or open space. Unsightly dirt, mud, or debris resulting from contractor work must be promptly removed and the general area cleaned up. In the event that trash is left on the Lot and the HOA elects to have the trash removed, the fine imposed will be Seventy Dollars ($70.00) per hour spent on such removal. Any debris or trash that is on the street following work on an approved project must be removed by the Property Owner to the satisfaction of the Ancala HOA. Any trash that is generated through the purchase and consumption of food items by workers must be disposed of properly.

8.4 Fines

The Property Owner is responsible for any violation by the contractor and for the payment of all fines. If a violation occurs, the Property Owner will incur a $100 per incident fine which will be deducted from the security deposit and the work will be stopped until the deposit is restored to its full amount. The Property Owner will post a deposit with the Association as required in the fee schedule, and any fines charged to the Property Owner will be deducted from the deposit, at which time the deposit will have to be replenished by the Owner. Any amount remaining in the Deposit Fund upon completion of all work by the Contractor shall be returned to the Property Owner.

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8.5 Hours of Work

Construction work must be performed on the Lot between the hours of 6:00 AM to 6:00 PM Monday through Saturday (Seasonality may affect work schedule). No work shall be done outside of these hours and no contractors may be allowed on Sundays or on Federal Government recognized legal holidays. If emergency work is needed for plumbers, electricians, etc., contact the Main Gate staff at 480-451-4701.

8.6 Field Offices or Trailers

No portable field offices or construction trailers will be allowed.

8.7 Interior Work

From time to time, Property Owners may contract with service providers to have interior remodeling or other interior work done in their homes that does not require ACC approval. In these cases, contractors who do this work are bound by the same rules and regulations as other contractors with respect to operating in the Ancala community. They are expected to keep the exterior property, yard and work site clean and any dirt and debris cleaned up and removed daily. They are also expected to complete the work in an expeditious manner and to abide by all traffic and other rules stated in this section, as applicable.

8.8 Safety, Privacy, Conservation and Restoration of Space and Lots

8.8.1 Private Property Access The Ancala Golf Course and the designated Natural Area Open Space of Lots in the Community are private property. No construction worker may make unauthorized access to private property and shall not hit, throw, cast or otherwise deposit any objects onto private property. The fine for this is One Hundred Dollars ($100.00) per occurrence. A second violation by the same construction worker shall result in the complete exclusion of that person from access to the Community.

8.8.2 Common Areas and Open Spaces Lots or any open spaces may contain valuable native plants and other features such as boulders and rocks, and these should be protected during contractor work. The Property Owner/Contractor shall be liable for any repair or replacement of any Common Area, Lot or open space that is damaged or destroyed by the negligent or willful acts of any contractor or other individual.

8.8.3 Removal of Items from Property Removing any rocks, plant material, topsoil, or similar items from any property of others within the Community or from any NAOS area is prohibited.

8.8.4 Flammable Material Disposal Careless disposal of any cigarettes or other flammable material is prohibited.

8.8.5 Desert Plants Careless treatment or removal of any desert plant materials not previously approved for removal by the ACC is prohibited.

8.8.6 Pets No pets may be brought onto work sites. In the case of any violations, the ACC or HOA have the right to contact the City of Scottsdale or Maricopa County authorities to

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impound the pets and can refuse to permit continued contractor work on the site when pets are present.

8.8.7 Associated Property Damage Any damage or scarring to other property resulting from contractor operations will not be permitted. If any such damage occurs, it must be repaired and/or restored promptly at the contractor’s expense.

8.9 Ancala Parking, Traffic, and Noise Regulations

8.9.1 Speed Limits and Traffic Regulations Parking of construction worker vehicles should be limited to one side of the street closest to the project. The speed limit of 25 MPH and all other traffic regulations, including a complete stop at each stop sign will apply to all contractors who enter and travel within the Ancala community. If a contractor violates any speed or traffic regulation, the Property Owner will be responsible for the fine incurred, in accordance with the fine schedule published by the Ancala HOA. Repeated violation will result in the exclusion of that contractor from entering the community.

8.9.2 Contractor and Crew Vehicles Work crews shall not park on, or otherwise use, other Lots or any open space. Private and construction vehicles and machinery shall be parked only within the building envelope or in areas designated by the ACC. All vehicles shall be parked so as not to inhibit or block traffic.

8.9.3 Damage to Property Contractors shall be responsible for any damage to the entrance gates to the Community. All damages will be charged to the Property Owner.

8.9.4 Blasting If any blasting is to occur, the ACC must be informed far enough in advance to allow it to make such investigation as it deems necessary to confirm that all appropriate protective measures have been taken prior to the blasting. No blasting or impact digging causing seismic vibrations may be undertaken without the approval of the Ancala HOA and the City of Scottsdale. Applicable governmental regulations concerning blasting must be observed.

8.9.5 Dust and Noise Control Contractors are responsible for controlling dust and noise at the work site. No construction worker should cause any unnecessary noise to emanate from the Lot, such as would occur with a radio, stereo, or other musical device which is audible from an adjacent Lot or the golf course. Each violation shall be subject to a One Hundred Dollar ($100.00) fine. A second violation by the same construction worker shall result in the complete exclusion of that person from access to the Community.

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SECTION NINE DISCLAIMER/RELEASE

Neither the Board, ACC nor any of its officers, directors or members shall be liable for any loss, damage or claims by any party submitting plans or specifications for approval or to any other Property Owner that may be affected by any actual alterations, improvements, plans or specifications approved by the ACC or the Board.

Approval by the ACC or any member thereof shall not be deemed to be a representation or warranty that the Property Owner’s plans or specifications or the actual construction of any improvement complies with applicable governmental ordinances or regulations.

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Ancala Homeowners Association

APPENDIX

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APPENDIX A DEFINITIONS

Unless the context otherwise specifies or requires, the following words or phrases when used in these Standards, shall have the following specific meanings. Terms used herein which are defined in the CC&R’s shall have the meanings specified therein.

“ACC” means Architectural Control Committee.

“Architect” means a person appropriately licensed to practice architecture or landscape architecture in Arizona.

“Arbor” means a structure used to create support for the overhead or side growth of plants and vegetation that can form a shady recess.

“Association” means the Ancala Homeowners Association, as defined in the Declaration.

“Board” means the Board of Directors of the Association.

“Builder” means a person or entity engaged by an Owner for the purposes of constructing any improvement on the Owner’s Lot. The Builder and Owner may be the same person or entity.

“Building Setback” is the maximum conceptual disturbance area. All screen walls, berms, fences or other landscaping must be located inside of the building setback. This is not an arbitrarily set boundary.

“Cabana” refers to a building or pool house which provides shade and can have solid walls or curtain walls. It can provide a private guest suite with changing room, bath or sauna, sit-down bar or gathering space, a grill or kitchen set up, electronics with television and sometimes a full electronics system. It can be a simple structure with a roof and walls and is sometimes used as a bath house.

“Casita” means “a small house” and can be free standing but is separated from the main house in some way and has its own entrance. Usually a one bedroom, one bath unit and also called a “guest house” located on the property of the main house.

“CC&R’s” means the Declaration of Covenants, Conditions and Restrictions for Ancala, as the same may be amended from time to time.

“City” means the City of Scottsdale, Arizona, a municipal corporation of the State of Arizona.

“Committee” means the Architectural Control Committee for the Ancala Homeowners Association.

“Courtyard” or “Front Courtyard” means an entryway area to the residence that is partially enclosed. It is defined by a wall with a minimum height of three (3’-0”) feet and a maximum height of four feet eight inches (4’-8”) and an entry gate.

“Declaration” means the Declaration of Covenants, Conditions and Restrictions, as amended from time to time.

“Excavation” means any disturbance of the surface of the land (except to the extent reasonably necessary for planting of approved vegetation), including any trenching which results in the removal of earth, rock or other substance from a depth of more than 12 inches below the natural surface of the land, or any grading of the surface.

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“Fill” means any addition of earth, rock or other materials to the surface of the land, which increases the natural elevation of such surface.

“Gazebo” refers to a roofed structure offering an open view of the surrounding area. It is a structure used for entertaining or relaxing and may be screened in on all sides. It is typically a round or octagonal, detached structure and built on an area that affords an attractive landscape view.

“Guest House” means sleeping facilities incorporated into the main Residence for the use of one or more guests.

“Guest Suite” means sleeping facilities incorporated into the main Residence for the use of one or more guests.

“Improvement” means any changes, alterations, or additions to a Lot, including any Excavation, Fill, Residence or buildings, outbuildings, roads, driveway, parking area, walls, retaining walls, stairs, patios, courtyards, hedges, poles, signs and any structure or other improvement of any type or kind.

“Lot” means a subdivided Lot or other building site as shown on the plats of record for Ancala.

“Natural Area” means that portion of the natural desert, which must remain undisturbed, lying within a Lot but outside of the Building Envelope.

“NAOS or Natural Area Open Space” means the easement required by the City to preserve the Natural area of a Lot, as provided in Section 7.27.

“Owner” means the Owner (as defined in the Declaration) of a Lot. For the purposed herein, the Owner may act through his/her designated agent, provided that such agent is authorized in writing or by law to act in such capacity.

“Pergola” refers to an attached structure with an open lattice roof that is often used to support plant growth overhead. The sides may also be trellis-like to allow vegetation to grow up and over.

“Ramada” means an open or semi-closed shelter with a roof, open porch or breezeway. It may have a dome shaped roof. It is a structure that is designed to provide shade.

“Residence” means any building or buildings, including any garage or other accessory building used for residential purposes, constructed on a Lot, and any Improvements constructed in connection therewith. Unless otherwise defined, “residence” shall mean a single-family residence.

“Shade Sails” means a covering over the top of a patio or outdoor area that extends across the area and is usually made of a non-permanent or non-rigid material, for the purpose of shading the patio or outdoor area.

“Structure” means anything constructed or erected on a Lot, the use of which requires location on the ground or attachment to something having location on the ground.

“Yard Art” refers to ornamentation and other art objects placed in yards. It includes, but is not limited to, metal sculpture, artificial plants, carved art, paintings, religious or other statues, or other items.

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APPENDIX B APPROVED PLANT LIST

By Common and Botanical Name

The committee has found that plants included in the following list to be adherently compatible with the natural desert existing in Ancala and encourages their use. Any species not contained herein may not be planted or installed within Ancala without written approval from the Architectural Control Committee. All species of cacti are acceptable as are the species of trees having been found to be indigenous to the Ancala area.

Line of site is a priority in Ancala. Trees that naturally grow larger than a Property Owners roof line (ridgeline) must be appropriately maintained to preserve views.

Trees Common Name Botanical Name Abyssinian Acacia Acacia abyssinica Afghan Pine Pinus eldarica Anacacho Orchid Tree Baubinia lunariodes Apes Earring Pithecollobium bervefolium Bird of Paradise Casealpinia platyloba Blackbrush Acacia Acacia rigidula Blue Palo Verde Cercidium floridum Canyon Hackberry Celtis reticulata Cascalote Caesalpinia cacalaco Catclaw Acacia Acacia greggii Chaste Tree Vitex agnus-castus Chilean Mesquite Prosopis chilensis Chilean Mesquite Prosopis species Chinese Pistache Pistacia chinensis Coolibah Eucalyptus microtbeca Cooper Bird of Paradise Caesalpinia pumila Crucifixion Thorn Canoltia holacantha Desert Hackberry Celtis pallida Desert Willow Chilopsis linearis Evergreen Elm Ulmus parvifolia Feather Bush Lysiloma microphylla Fern of the Desert Lysilooma thornberi Foothills Palo Verde Cercidium microphyllus Fremont Screwbean Prosopis pubescens Fruitless Olive Olea europaea Gold Medallion Tree Cassia leptophylla Graythorn Zizyphus obtusifolius Guajillo Acacia berlandieri Honey Mesquite Prosobis glandulosa Indian Rosewood Dalberbia sissoo Ironwood Olneya tesota Kidneywood Eysenbardtia orthocarpa Leather-Leaf Acacia Acacia craspedocarpa Little Leaf Palo Verde Cercidium microphyllum

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Mastic Tree Pistacia lentiscus Mediterranean Fan Palm Chamaerops bumilis Mexican Blue Palm Brabea armata Mexican Buckeye Ungnadia speciosa Mexican Ebony Pithecollobium mexicana Mexican Poinciana Caesalpinia mexicana Mimosa Acacia cavenia Mulfa Acacia aneuria Needle Acacia Acacia eburnia One-seed Juniper Juniprtus monodprtms Palo Blanco Acacia willardiana Palo Blanco Lysilooma candida Palo Brea Parkinsonia praecox Red-Cap Gum Eucalyptus erythrocorys Shoestring Acacia Acacia stenophylla Silk Floss Tree Chorisia speciosa Sonoran Cat Claw Acacia occidentalis Sweet Acacia Acacia farnesiana (smallii) Tenaza Pithecellobium pallens Texas Ebony Pithecollobium flexicaule Tree Tobacco Nicotiana glaucia Twisted Acacia Acacia pennatula Velvet Mesquite Prosobis velutina White Mesquite, Arg Mesq Prosobis alba White Thorn Acacia Acacia constricta Willow Acacia Acacia salicina Willow Pittsporum Pittosporum phylliraeoides

Shrubs Common Name Botanical Name Alkaline Bush Isocoma acradenia Anderson Thornbush Lycium andersonii Apache Plume Fallugia paradoxa Arizona Rosewood Vanquelinia californica Arizona Sophora Sphora arizonica Arizona Yellow Bells Tecoma stans v. angustata Arrow Root Aristolochia watsoni Aster Machaeranthera species Baja Fairy Duster Calliandra californica Baja Ruellia Ruellia penninsularis Banana Yucca Yucca baccata Barberry Berberis trifoliolata Barestemmed Larkspur Delphinium scaposum Bear Grass Nolina microcarpa Beard Tongue Penstemon species Bedstraw Galium (Relbunium microphyllum) Bee Brush Aloysia gratissima Bigelow Nolina Nolina bigelovii

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Bigelow Ragged Flower Crossosoma bigelovii Black Dalea Dalea frutescens Blackfoot Daisy Melampodium leucanthum Blue Sage Salvia chamyorioides Blue-dick Dichelostemma pulchellum Brittle Bush Encelia farinose Brown Foot Acourtia wrightii Buckthorn Ceanothus greggii Buckwheat Derigonum fasciculatum Burro bush Hymenoclea mongyra Bush Dalea Dalea pulchra Canagre, Wild Rhubarb Rumex hymenosepalus Cape Honeysuckle Tecomaria capensis Cassia Circinnata Cassia circinnata Century Plants Agave Species Chihuahuan Sage Leucophyllum laevigatum Chuckawalla’s Delight Bebba juncea Chuparosa Justicia californica Coffee Berry Rhamnus californica Coral Yucca Hesperaloe parviflora Coulters Bricklebush Brickellia coulteri Creosote Bush Larrea tridentata Crucifixion Thorn Holacantha emoryi Desert Broom (male plants only) Baccharis sarathroides Desert Hackberry Celtis pallida Desert Holly Atriplex hymenelytra Desert Honeysuckle Judtica ghiesbreghtiana Desert Lavender Hyptis emoryi Desert Marigold Baileya multiradiata Desert Milkweed Asclepias subulata Desert Mistletoe Phoradendron californicum Desert Olive Forestiera neomexicana Desert Rock-Pea Lotus rigidus Desert Ruellia Ruellia California Desert Salt Bush Atriplex polycarpa Desert Senna Senna Covesii Desert Spoon Dasylirion wheeleri Desert Tea Ephedra nevadensis Dysodia Dysodia porophylloides Elephant Tree Bursera microphylla Fairy Duster Caliandra penninsularis Feather Dalea Dalea formosa Feathery Cassia Cassia artemisioides Fern Acacia Acacia angustissima Firecracker Bush Hamelia patens Firestick Euphorbia tirucalli Flame Honeysuckle Anisacanthus quadrifidus

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Flat Top Buckwheat Eriogonum inflatum Fleaboone Daisy Erigeron species Four Wing Salt Bus Atriplex canescens Fragrant Bursera Bursera fagaroides Giantleaf Bursage Ambrosia ambrosioides Globe Mallow Sphaeralcea ambigua Gold Lead Ball Tree Leucaena retusa Golden Eye Viguiera deltoidea Gray Desert Senna Cassia sturtii Graythorn Zizyphus obtusifolia Green Feathery Cassia Cassia nemophylla Green Feathery Senna Senna artemisiodes v. filifolia Groundsel Senecio douglasii Guayacan Guaiacum coulteri Hall’s Shrubby Spurge Tetracoccus hallii Hop Bush Dodonaea viscosa Hummingbird Flower, California Fuschsia Zauschneria latifolia Indian Mallow Abutilon incanum Indian Paint Brush Castilleja chromosa Indigo Bush Amorpha Fruticosa Jojoba Simmondsia chinensis Kidney Wood Eysenhardia polystacya Langman’s Sage Leucophyllum langmaniae Leather Leaf Acacia Acacia craspedocarpa Lemonade Bush Rhus trilobata Limber Bush Jatropha cardiophylla Little Leaf Ash Fraximus greggii Little Leaf Cordia Cordia parvifolia Lococweed Astragalus praelongus Mangle Dulce Maytenus phyllanthioides Marah Marah gilensis Mealy Cup Sage Salvia farinacea Menodora Menodora scabra Mexican Bird of Paradise Caesalpinia mexicana Mimosa Mimosa biuncifera Catclaw Mock Pennyroyal Hedeoma species Mormon Tea Ephedra species Mountain Mahogany Cercocarpus montanus Mueller’s Salt Bush Atriplex mulleeri Myrtle Myrtus communis Nevada Salt Bush Atriplex torreyi New Mexico False Yucca Hesperaloe funifera New Zealand Cassia Cassia candoleana Ocotillo Fouquieria splendens Old Man Salt Bush Artiplex nummularia Oleander (Dwarf Variety) Nerium oleander (Petite) Orange Bells Tecoma hybrid

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Paperflower Psilstrophe cooperi tagetina Pink Fairy Duster Calliandra eriophylla Pomegranate Punica granatum Quail Bush Atriplex lentiformis Red Bird of Paradise Caesalpinia pulcherrima Red Eremophila Eremophila maculata v. brevifolia Red Justicia Justicia candicans Redberry Buckthorn Rhamnus crocea San Marcos Hibiscus Gossypium barknessii Senna Cassia purpussiae Shrub Oak Quercus turbinella Shrubby Cassia Cassia wislizenii Shrubby Senna Senna wislizenii Silver Cassia Cassia philodinea Slender Poreleaf Porophyllum gracile Odora Smoke Tree Dalea spinosa Snake Weed Guiterrezia sarothrae Soap Tree Yucca Yucca elata Stickleaf Mentzelia species Sturts Desert Pea Clianthus formosus Sugar Bush Rhus ovata Superstition Mallow Abutilon palmeri Texas Cassia Cassia biflora Texas Mountain Laurel Sophora secundiflora Texas Olive Cordia boissieri Texas Red Salvia Salvia greggii Texas Sage Leucophyllum fructescens Thistle Cirsium neomexicanum Thornbush Lycium brevipes Triangle leaf Bursage Ambrosia deltoidea Trixis Trixis californica Turpentine Bush Ericameria laricifolia Velvet Pod Mimosa Mimosa dysocarpa Vervain Verbena (Glandularia) Violet Silver Leaf Leucophyllum candidum Weeping Dalea Dalea versicolor v. sessilis White Brush Aloysia lyciodes White Plumbago Plumbago scandens White Ratany Krameria grayi Wild Tobacco Nicotiana trigonophylla Willow-Leaf Groundsel Senecio salignus Wishbone Bush Mirabilis bigelovii Wolfberry Lycium fremontii Wooly Butterfly Bush Buddleia marrubifolia Wormwood Artemesia ludoviciana Wright’s Bee Brush Aloysia wrightii Wrights Buckwheat Driogonum wrightii

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Yellow Bird of Paradise Caesalpinia gilliesii Yellow Bush Snapdragon Keckiella antirrhinoides

Ground Covers Common Name Botanical Name Blue Euphorbia Euphorbia rigida Bush Morning Glory Convolvulus cneorum Creeping Germander Teucrium chamaedrys Damianita Chrysactinia mexicana Gray Ice Plant Malephora crocea Katie Ruellia Ruellia brittoniana “Katie” Lantana Lantana hybrid Myoporum Myoporum parvifolium Red Spike Ice Plant Cephalophyllum “Red Spike” Saltillo Primrose Oenothera stubbei Trailing Acacia Acacia redolens Trailing Dalea Dales greggi Trailing Desert Broom Baccharis hybrid Trailing Gazania Gazania regens Trailing Lantana Lantana montevidensis Trailing Rosemary Rosmarinus officinalis Tufted Evening Primrose Oenothera caespitosa Yellow Dot Wedelia trilobata

Vines Common Name Botanical Name Baja Passion Vine Passiflora foetida Bougainvillea Bougainvillea spectabilis Cat Claw Vine Macfadyena unguis-cati Grape Ivy Cissus trifoliate Lady Bank’s Rose Rosa banksiae Lilac Vine Hardenbergia violacea Pink Trumpet Vine Podranea ricasoliana Potato Vine Solanum jasminoides Primrose Jasmine Jasminum mesnyi Queen’s Wreath Antigonon leptopus Yellow Orchid Vine Mascagnia macroptera Yucca Vine Merremia aurea

Cacti Common Name Botanical Name Argentine Giant Trichocereus candicans Argentine Hedghog Trichocereus buascha Beaver Tail Prickly Pear Opuntia basilaris Blue Myrtle Cactus Myrtillocactus geometrizans Buckhorn Cholla Opuntia acanthocarpa Cardon Grande Trichocereus terscheckii Compass Barrel Ferocactus cylindraceus

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Engelmann’s Hedgehog Echinocereus engelmannii Engelmann’s Prickly Pear Opuntia engelmannii Giant Prickly Pear Opuntia robusta Golden Barrel Echinocactus grusonii Hildmann’s Cereus Cereus hildmannianus Indian Fig Opuntia ficus-indica Mexican Fencepost Pachycereus marginatus Organ Pipe Stenocereus thurberi Purple Prickly Pear Opuntia santa-rita Saguaro Carnegiea gigantea Senita Lophocereus schottii Spruce Cones Tepbrocactus articulates Totem Pole Pole

Succulents Common Name Botanical Name Banana Yucca Yucca baccata Beargrass Nolina microcarpa Blue Yucca Yucca rigida Candelilla Euphorbia antisyphilitica Cape Aloe Aloe ferox Dawe’s Aloe Aloe dawei Desert Milkweed Asclepias subulata Desert Spoon Dasylirion wheeleri Elephant’s Food Portulacaria afra Giant Hesperaloe Hesperaloe funifera Grass Tree Dasylirion longissimum Lechuguilla Verde Agave bovicornuta Medicinal Aloe Aloe vera Mescal Ceniza Agave colorata Ocotillo Fouquieria splendens Octopus Agave Agave vilmoriniana Pale Leaf Yucca Yucca pallida Parry’s Agave Agave parryi Partridge Breast Aloe Aloe variegata Red Yucca Hesperaloe parviflora Sago Palm Cycas revolute Slipper Flower Pedilanthus macrocarpus Smooth Agave Agave desmettiana Soaptree Yucca Yucca elata Twin-Flowered Agave Agave geminiflora Weber’s Agave Agave weberi Yellow Bulbine Bulbine frutescens

Ornamental Grasses Common Name Botanical Name Bamboo Muhly Mublenbergia dumosa Blue Grama Bouteloua gracilis

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Deer Grass Mublenbergia rigens Mexican Thread Grass Stipa tenuissima Pink Muhly Mublenbergia capillaris Side Oats Grama Bouteloua curtipendula

Perennials Common Name Botanical Name Autumn Sage Salvia greggii Black Foot Daisy Melampodium Leucanthum Canyon Penstemon Penstemon pseudospectabilis Chaparral Sage Salvia clevelandii Chocolate Flower Berlandiera lyrata Coral Penstemon Penstemon superbus Desert Coreopsis Coreopsis bigelovii Desert marigold Baileya multiradiata Desert Senna Senna covesii Desert Zinnia Zinnia acerosa Firecracker Penstemon Penstemon eatonii Gaura Gaura lindlindbeimeri Globe Mallow Sphaeralcea ambigua Hummingbird Trumpet Zauschneria californica Jerualem Sage Phlomis fruticosa Lantana Verbenaceae Mealy Cup Sage Salvia farinacea Mexican Bush Sage Salvia leucantha Mexican Hat Ratibida columnaris Moss Verbena Verbene pulchella Mt. Lemon Marigold Tagetes palmeri Orange Zexmenia Zexmenia hispida Paperflower Psilostrophe cooperi Parry’s Penstemon Penstemon parryi Prairie Zinnia Zinnia grandiflora Purple Ruellia Ruellia brittoniana Rain Lily Zephyranthes candida Rock Penstemon Penstemon baccharifolius

Annuals Common Name Botanical Name Arizona Poppy Kallstroemia grandiflora Arroyo Lupine Lupinus succulentus Blanket Flower Gaillardia pulchella Blue Flax Linum Lewisii Buckwheat Sleltonweed Eriogonum deflexum Cherry Red Sage Salvia coccinea Chia Salvia columbariae Cryptantha Cryptantha Desert Bluebell Phacelia campanularia Evening Primrose Oenothera species

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Fiddleneck Amsinckia intermedia Fiddleneck Amsinckia tessellata Filaree Erodium cicutarium Five Spot Nemophila maculate Gilia Gilia flavocincta Golden Dyssodia Dyssodia pentachaeta Gooding’s Verbena Verbena gooddingii Maximilian Sunflower Helianthus maximilinii Mexican Golden Poppy Schschbolzia California Mexicana Mexican Sunflower Titbonia rotundifolia Moss Rose Portulaca grandiflora Owl’s Cover Orthocarpus purpurascens Phlox Phlox tenuifolia Plantain Plantago species Plumeseed Rafinesquia species Red Flax Linum grandiflorum “Rubrum” Sacred Datura Datura meteloides Shirley Poppy Papaver rhoeas Southwestern Cosmos Cosmos bipinnatus Spreading Fleabane Erigeron divergens Whispering Bells Emmenanthe penduliflora Zinnia Profusion” Series Zinnia elegans x angustifolia

Lawns

Any lawn type grass, except common bermuda grass, may be used. Lawns and irrigated ground covers will be limited in use to areas confined by walls or structures and may not be visible from natural areas.

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APPENDIX C INFORMATION ON PROHIBITED PLANTS

The following information and restrictions regarding landscaping plants are provided for Property Owner reference:

1. All Palms (Palmae) whose mature height may reasonably be expected to exceed 6 feet are prohibited for aesthetic reasons as well as their high maintenance requirements. Dwarf varieties whose mature height may reasonably be expected to be less than 6 feet are permitted only within the confines of a private garden (Private Zone).

2. All Pines (Pionus), Cypress (Cupressus), False Cypress (Chamaecyparis), Juniper or Cedar (Juniperus) except those species specifically approved, whose mature height may reasonably be expected to exceed 6 feet are prohibited for aesthetic reasons. Dwarf varieties, and those whose mature height may reasonably be expected to be less than 6 feet, may be used immediately adjacent to dwellings or connecting structures, or within the confines of a private garden (Private Zone).

3. Olive trees (Olea europaea) are prohibited for reasons of their profuse production of allergy-producing pollen, as well as for aesthetic reasons.

4. Dwarf varieties of oleander are only permitted within a private garden (Private Zone) but are generally not recommended for planting in Ancala.

5. Fountain Grass (Pennisetum setaceum) is prohibited as a defined weed with the potential to spread throughout the development.

6. All varieties of Citrus are prohibited for aesthetic reasons and for their profuse production of allergy-producing pollen. Dwarf varieties are permissible within the confines of a private garden (Private Zone). Fallen fruit should be disposed of as soon as possible to prevent rodents.

7. Common Bermuda grass (Cynodon dactylon) is prohibited as a defined weed.

8. Mexican Palo Verde (Parkinsonia aculeatra) is prohibited as a harborer of pests and because of its ability to spread throughout the development, thereby altering the present natural desert.

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APPENDIX D BUILDING HEIGHT

(MAXIMUM RIDGELINE ELEVATIONS)

All building height maximum ridgeline elevations are measured above sea level using the North American Vertical Datum of 1988. All elevations are to the highest point of the roof rough framing.

The constructed (first time lot development) ridgeline height constitutes the approved ridgeline height for constructed properties within the Ancala Homeowners Association as long as the constructed ridgeline height is at or below the maximum ridgeline height for the property. The constructed ridgeline height will replace the stated maximum ridgeline height documented in the Design Guidelines for said property if it is at or below the maximum ridgeline height for the property.

Please contact the Executive Director for the maximum ridgeline height for lots in Ancala.

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA EAST

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 1 1,658 28 1,690

2 1,657 29 1,691

3 1,653 30 1,696

4 1,653 31 1,701

5 1,655 32 1,708

6 1,655 33 1,710

7 1,655 34 1,714

8 1,654 35 1,714

9 1,653 36 1,715

10 1,655 37 1,721

11 1,660 38 1,704

12 1,676 39 1,704

13 1,690 40 1,702

14 1,704 41 1,698

15 1,720 42 1,695

16 1,734 43 1,691

17 N/A 44 1,687

18 1,754 45 1,683

19 1,734 46 1,677

20 1,714 47 1,674

21 1,704 48 1,671

22 1,694 49 1,668

23 1,684 50 1,663

24 1,680 51 1,664

25 1,670 52 1,664

26 1,672 53 1,665

27 1,682 54 1,665

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA EAST

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 55 1,659

56 1,658

57 1,664

58 1,669

59 1,671

60 1,672

61 1,672

62 1,673

63 1,674

64 1,681

65 1,684

66 1,687

67 1,690

68 1,694

69 1,698

70 1,702

71 1,698

72 1,696

73 1,684

74 1,682

75 1,678

76 1,674

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA WEST

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 1 1,540 28 1,626

2 1,550 29 1,619

3 1,572 30 1,614

4 N/A 31 1,609

5 N/A 32 1,607

6 N/A 33 1,599

7 N/A 34 1,590

8 N/A 35 1,577

9 N/A 36 1,566

10 N/A 37 1,557

11 N/A 38 1,552

12 N/A 39 1,544

13 N/A 40 1,533

14 N/A

15 N/A

16 N/A

17 N/A

18 N/A

19 N/A

20 N/A

21 1,628

22 1,614

23 1,598

24 1,602

25 1,617

26 1,620

27 1,630

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 1 1,590 28 1,641.6

2 1,597 29 1,639.5

3 1,599 30 1,639

4 1,602 31 1,635

5 1,604 32 1,631.5

6 1,608 33 1,629

7 1,610 34 1,628

8 1,614 35 1,626.5

9 1,620 36 1,620

10 1,649 37 1,620

11 1,649 38 1,617

12 1,649 39 1,620

13 1,649 40 1,609

14 1,649 41 1,605

15 1,652 42 1,602

16 1,651 43 1,598

17 1,651 44 1,594

18 1,654 45 1,598

19 1,656 46 1,601

20 1,653 47 1,604.5

21 1,653.5 48 1,607

22 1,653.5 49 1,610.5

23 1,652 50 1,612

24 1,651 51 1,613

25 1,647 52 1,617

26 1,645 53 1,617

27 1,643 54 1,618

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 55 1,622 82 1,619

56 1,622 83 1,624

57 1,623 84 1,623

58 1,624 85 1,625

59 1,624 86 1,624

60 1,625 87 1,624

61 1,627 88 1,624

62 1,627 89 1,624

63 1,627 90 1,626

64 1,627 91 1,626

65 1,627 92 1,627

66 1,627 93 1,627

67 1,627 94 1,627

68 1,627 95 1,627

69 1,627 96 1,626

70 1,627 97 1,623

71 1,627 98 1,622

72 1,627 99 1,622

73 1,628 100 1,619

74 1,628 101 1,617

75 1,635 102 1,614

76 1,639 103 1,614

77 1,629 104 1,604

78 1,629 105 1,607

79 1,624 106 1,604

80 1,619 107 1,602

81 1,619 108 1,599

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 109 1,590 136 1,568

110 1,590 137 1,564

111 1,592 138 1,563

112 1,590 139 1,562

113 1,589 140 1,564

114 1,588 141 1,562

115 1,588 142 1,562

116 1,586 143 1,562

117 1,584 144 1,562

118 1,584 145 1,562

119 1,584 146 1,562

120 1,602 147 1,562

121 1,604 148 1,561

122 1,604 149 1,564

123 1,605 150 1,567

124 1,607 151 1,576

125 1,607 152 1,583

126 1,607 153 1,586

127 1,607 154 1,599

128 1,607 155 1,609

129 1,607 156 1,595

130 1,606 157 1,587

131 1,606 158 1,580

132 1,604 159 1,574

133 1,604 160 1,570

134 1,604 161 1,565

135 1,604 162 1,555

61

NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 163 1,555 190 1,566

164 1,555 191 1,564

165 1,555 192 1,564

166 1,552 193 1,564

167 1,555 194 1,563

168 1,556 195 1,563

169 1,556 196 1,561

170 1,556 197 1,561

171 1,556 198 1,561

172 1,558 199 1,561

173 1,558 200 1,561

174 1,560 201 1,559

175 1,563 202 1,557

176 1,581 203 1,552

177 1,582 204 1,547

178 1,581 205 1,547

179 1,582 206 1,543

180 1,586 207 1,537

181 1,588 208 1,534

182 1,587 209 1,533

183 1,589 210 1,538.5

184 1,589 211 1,538

185 1,588 212 1,537

186 1,588 213 1,537

187 1,588 214 1,537

188 1,588 215 1,534

189 1,568 216 1,534

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 217 1,534 244 1,559

218 1,533 245 1,559

219 1,530 246 1,558

220 1,528

221 1,527

222 1,526

223 1,526

224 1,528

225 1,531

226 1,533

227 1,537

228 1,538

229 1,541

230 1,541

231 1,544

232 1,547

233 1,547

234 1,549.5

235 1,552.5

236 1,553

237 1,554

238 1,554

239 1,555.5

240 1,558.5

241 1,556.5

242 1,556

243 1,557.5

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NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA NORTH

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 1 1,654 28 1,611

2 1,650 29 1,606

3 1,650 30 1,606

4 1,634 31 1,606.8

5 1,650 32 1,597

6 1,634 33 1,597

7 1,628 34 1,597

8 1,622 35 1,597

9 1,616 36 1,597

10 1,676 37 1,597

11 1,677 38 1,597

12 1,660 39 1,597

13 1,658 40 1,595.5

14 1,645 41 1,592.3

15 1,642 42 1,588.7

16 1,632 43 1,584.9

17 Replatted 44 1,581.2

18 Replatted 45 1,576.9

19 Replatted 46 1,573.6

20 1,667 47 1,570.3

21 N/A 48 1,567.8

22 N/A 49 1,567.8

23 1,692 50 1,571.3

24 1,699 51 1,574.6

25 1710 52 1,577.9

26 1,675 53 1,581

27 1,614.8 54 1,583.7

64

NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA NORTH

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 55 1,586.6 82 1,595.3

56 1,590.6 83 1,591.3

57 1,593.9 84 1,588.3

58 1,597 85 1,584.8

59 1,596 86 1,581.1

60 1,601.4 87 1,577.3

61 1,596.2 88 1,573.8

62 1,592.2 89 1,570.3

63 1,588.2 90 1,567.3

64 1,584.7 91 1,568.3

65 1,581.2 92 1,569.3

66 1,577.7 93 1,572.3

67 1,574.2 94 1,574.8

68 1,570.7 95 1,577.8

69 1,568.3 96 1,581.3

70 1,567.8 97 1,584.8

71 1,569.7 98 1,588.3

72 1,573.4 99 1,592.3

73 1,575.5 100 1,596.3

74 1,578.7 101 1,602.3

75 1,582.3 102 1,592

76 1,585.8 103 1,592

77 1,588.8 104 1,588

78 1,593.5 105 1,584

79 1,596.8 106 1,580

80 1,600.8 107 1,572

81 1,601.8 108 1,570

65

NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA NORTH

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 109 1,566 136 N/A

110 1,570 137 N/A

111 1,591 138 N/A

112 1,598 139 N/A

113 1,604 140 N/A

114 1,616 141 N/A

115 1,618 142 N/A

116 1,638 143 N/A

117 1,648 144 N/A

118 1,695 145 1,670

119 1,682 146 1,655

120 1,573 147 1,642

121 1,575 148 1,644

122 1,590 149 1,618

123 1,594 150 1,618

124 1,596 151 1,620

125 1,610 152 1,630

126 1,622 153 1,605

127 1,634 154 1,598

128 1,648 155 1,600

129 1,660 156 1,600

130 1,684 157 1,603

131 1,698 158 1,612

132 1,702 159 1,613

133 1,728 160 1,614

134 N/A 161 1,620

135 N/A 162 1,652

66

NOTE: All elevations are measured above sea level using the NAVD029 DATUM. All elevations are to the highest point of the roof rough framing.

ANCALA NORTH

Lot Number Maximum Ridgeline Elevation* Lot Number Maximum Ridgeline Elevation* 163 1,649

164 1,637

165 1,636

166 1,631

167 1,628

168 1,628

169 1,618

170 1,620

171 1,630

172 1,637

173 1,643

174 1,654

175 1,650

176 1,662

177 1,661

178 1,674

179 1,684

180 1,696

181 1,694

182 1,689

183 1,678

67

Ancala Homeowners Association

APPENDIX E CHANGES TO EXISTING RESIDENCE

ARCHITECTURAL APPLICATION AND INFORMATION

Revised 2019

ANCALA HOMEOWNERS ASSOCIATION ARCHITECTURAL CONTROL COMMITTEE APPLICATION FOR IMPROVEMENT

11806 E. Via Linda Scottsdale, AZ 85259 Phone: (480) 661-1066 ∙ Email: execdir@ancalahoa.org

Property Owner Name: ____________________________________________ Date: _____________________________ Lot #:______________ Address: ______________________________________ Phone Number: ___________________ Email Address: __________________________ Other Contact info: __________________________________________ Type of Improvement, Alteration or Change (check the item(s) that apply)

Exterior Painting (required for repaint of existing color or color change)

**The LRV for Ancala North, East and West is 40 and below and the LRV for Ancala is 60 and below. Please provide a 4’x4’ sample on the street side of your home and attach a sample of the paint swatch to the application.

Base Color and Manufacturer Number: _________________________________ Light Reflective Value: ______________

Trim Color and Manufacturer Number: _________________________________ Light Reflective Value: ______________

Landscaping

Structural Change to Building (add room, etc)

Other

Please describe here: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Type of Material to be used: __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Contractor Name & Phone # (if applicable): ______________________________________________________________ The following items are REQUIRED for all applications except exterior paint. Please check the box below indicating you have submitted these items with your request and submit your request by email to the Executive Director at execdir@ancalahoa.org or to the front guard gate located at 11806 E Via Linda Scottsdale, AZ 85259.

Plat/Site Plan (full scale) showing the final proposed location of change with measurements and dimensions

Detailed, full scale Blueprints, Architectural Plans and Drawings – paper copies and digital copy

Detailed full scale Drawing or Survey of house or lot showing the size and location of the proposed change outlined in red

Photos, brochures, clippings or other visuals

Color Scheme or color of material (identify proposed coloring and provide samples)

Fees and Deposits *(contact management for schedule at 480-661-1066)

Revised 2019

Lot # __________________ Name: __________________________________ Date: _______________________ PLEASE NOTE THE FOLLOWING PROVISIONS:

• INCOMPLETE SUBMITTALS WILL BE DENIED

• Construction must begin within one year of Application approval and must be completed within one year thereafter.

• Any damage to nearby common or private areas must be corrected within fifteen (15) days of completion of construction.

• The Property Owner is responsible for obtaining any applicable City or County Building Permits.

• Original drainage pattern must be maintained.

• Exterior paint regardless if color change or repainting existing color, requires an Application and approval of the Architectural Control Committee.

• All front and rear yard lot lines must be strictly adhered to.

• Contractors cannot stage work or store materials on the street. The property owner is responsible for any violation by the contractor. If a violation occurs, the Property Owner will incur a $250 per incident, per day fine which will be deducted from the security deposit and the work will be stopped until the deposit is restored to its full amount.

• Speed limits and traffic regulations will apply to all contractors who enter and travel within the Ancala community. If a contractor violates any speed or traffic regulations, the Property Owner will be responsible for the fine incurred, in accordance with the fine schedule published by the Ancala Homeowners Association.

• Construction work must be performed on the Lot between the hours of 6:00 AM to 6:00 PM. No work shall be done outside of these hours and no work shall be done on Sundays or Federal Government recognized legal holidays.

• No member of the Ancala Homeowners Association Architectural Control Committee, Board of Directors, or Managing Agent shall be responsible in any way for any defects in any plans and/or specifications submitted in accordance with the rules and regulations of the Committee, nor for any structural defects in any building or structure erected according to such plans and specifications.

• If not approved, this Application may be appealed to the ACC Committee for a final review and decision.

• The Property Owner agrees to comply with all applicable city and state laws, and to obtain all necessary permits. Approval by the Ancala Architectural Control Committee shall not be deemed a warranty or representation as to the quality of such construction, installation, addition, alteration, repair, change or other work, or that work conforms to any applicable building codes or other federal, state or local law, statute, ordinance, rule or regulation.

• Ancala Homeowners Association may require a fee and/or refundable security deposit upon submission of the application for your project. Contact the Executive Director to determine applicable fee and deposit amount required with the Application.

• Within 30 days of receipt of each Application, with full and complete descriptions, the ACC will review and attempt to render a decision or request additional information required to render a decision.

• The Property Owner’s signature on this Application means the Property Owner understands and agrees to all provisions noted.

• Any debris or trash that is on the street following work on an approved project must be removed by the property owner to the satisfaction of the HOA.

I have read the provisions of this Application and understand and agree to follow them and agree that all information provided in the description of the project is accurate.

Property Owner Signature___________________________________________________ Date_________________ Property Owner E-mail address and preferred contact number: _________________________________________

Revised 2019

Lot # __________________ Name: _____________________________________Date: _______________________

Fees and Deposits

Type of Project

Total amount

required with

submittal

Non-Refundable

Design Review

Fees

Refundable

Deposit

New construction $4,550 $3,000 $1,550

Remodel/Addition $1,250 $750 $500

Landscape/Hardscape* *includes fountains,

mailboxes, awnings, gazebos, pergolas and any other

hardscape structure or architectural change to the

exterior of the residence.

$700 $200 $500

Re-inspection fee for failed inspection $200 $200 $0

Variance Request $650 $650 $0

*Fees are not required for exterior painting, exterior door changes, satellite dishes or solar panels; however Architectural Control

Committee approval is still a requirement. Architectural changes made without committee approval may be required to be brought into

compliance and may be subject to fines.

“Office Use Only” Application Submission Date: _______________________ HOA Deposit Required (Y or N): ___________________ Received Date: _____________Check #___________ Executive Director Signature__________________________________________ Date: ________________________ Date sent to committee for review: ______________________

The Above Described Architectural Change Has Been ________ APPROVED_________ DISAPPROVED ___________ DEFERRED PENDING ADDITIONAL INFORMATION ACC INFORMATION REQUEST OR RECOMMENDATION: __________________________________________________________________________________________________ __________________________________________________________________________________________________ This decision is subject to the following conditions (if applicable): __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ Decision Date: _____________________ by Architectural Control Committee, Ancala HOA Date the decision letter was sent to Property Owner: ________________

“Office Use Only” The Above Described Architectural Change Has Been

Approved Disapproved ______Approved subject to the following condition(s):

Revised 2019

ANCALA HOMEOWNERS ASSOCIATION

APPLICATION FOR REPAINT OF EXISTING HOME

Phone: (480) 661-1066 • email: execdir@ancalahoa.org

Please submit form by email or to Main Entrance Guard House

Date: Owner Name: Lot #: Address: Phone: E-mail address: Painting Contractor: Phone: New Paint Color: Base: LRV: Trim: LRV:

Provide the paint color name and manufacturer number along with the light reflectance value (LRV) for each color above. The LRV for Ancala North, East, and West is 40 and below. The LRV for Ancala is 60 or below.

Provide a 4x4 foot sample on the street side of your home and attach a color swatch sample to application.

Provide a current photo of your home.

The undersigned Owner understands that the Painting Contractor cannot stage the work in the street.

Disclaimer: No member of the Ancala Homeowners Association Architectural Control Committee, Board of Directors or Managing Agent shall be responsible in any way for any defects in any plans and/or specifications submitted in accordance with the rules and regulations of the Architectural Control Committee. Homeowner Signature: Date:

72

Ancala Homeowners Association

APPENDIX F NEW HOME CONSTRUCTION

ARCHITECTURAL APPLICATION AND INFORMATION

(All forms must be completed and signed prior to the issuance of an Ancala Building Permit.)

73

NEW RESIDENCE PROCEDURES

AND INFORMATION

74

NEW HOME CONSTRUCTION APPLICATION

GENERAL INFORMATION

Formal written approval by the Ancala Homeowners Association Architectural Committee must be complete before any

improvements, disturbances or alterations are made to your property.

1. Applications must be received by 12:00 noon on the second or fourth Tuesday of each month to be

reviewed at the Committee’s next regular meeting.

2. Please submit two sets of 24” x 36” plans.

3. The Owner shall designate either himself, his Builder, Architect, Engineer or Agent as the coordinator

for the project. If applicant is other than Owner, this office must receive Agent Authorization form,

signed by the Owner, at the time of formal application.

4. Materials will not be accepted by the Committee until all required information and fees are submitted

and the application meets all requirements.

5. The Committee’s approval/permit is for a period of one year unless an extension is granted by the

Committee.

6. A fully executed Ancala Common Area Access and Site Aesthetics Agreement must be provided to

the Homeowners Association prior to the issuance of the Building Permit.

7. The decision of the Committee shall be final unless within fifteen (15) days from the date of the

Committee’s decision, the applicant appeals the decision.

8. A soil test is recommended in areas of expansive soil. Special design attention must be given to

foundations, landscape irrigation and final lot drainage where appropriate.

9. All site plans must have cut and fill calculations on the plan. If you are exporting dirt, remember that

there are no locations within Ancala for dumping.

10. Site cross-sections are required to be drawn to scale on the site plan being submitted.

11. One copy of the stamped approved plans must be kept on the site at all times.

12. The Ancala Homeowners Permit must be posted on site prior to starting any disturbance of the site.

13. Five (5) inspections are required: 1) DISTURBANCE FENCING; 2) GRADING; 3) RIDGELINE

HEIGHT AND FINISH FLOOR VERIFICATION; 4) FRAMING AND LATH; 5) FINAL.

Call (480) 661-1066. Inspections will be conducted within 72 hours of receipt of request (excluding

Holidays and Weekends).

75

14. Written Inspection approvals must be received before starting subsequent construction.

15. Fees and Security deposits will be required with the Application. Contact the Executive Director at

(480) 661-1066 for a current fee schedule.

16. All construction traffic must come in the gate closest to their project after consulting with Security at

the Front Gate.

17. We would also like to remind all builders that “pier and wall” type site walls are not allowed in

Ancala. Pier and wall type site walls are masonry walls with 8" pilasters with 4" masonry block built

between the pilasters. Any pier and wall site walls constructed without written approval must be

removed. All site walls in Ancala must be a minimum of 8" in width finished and painted on both

sides.

18. 18. Blocking of streets with construction materials, vehicles, or for underground connections is not

permitted without prior approval of the Architectural Control Committee.

19. Any activity outside of the lot property lines must be approved prior to the commencement of that

activity.

NOTE:

Submittal of the preliminary and final plans must contain a list of variances to the Ancala Architectural

Standards and Design Guidelines. Any specific Guideline to which a variance is being requested, (i.e.

wall height), must be brought to the attention of the Committee in the review process. Approval of the final

plans is contingent on the fact that the Committee has been advised of all the variances to its Guidelines.

Any variance, which comes in dispute prior to final acceptance of construction, is subject to review by the

Committee and if required by the Committee changes to the construction must be done at the Owners

expense.

76

New Home Construction

Design Plan Approval Process

The Design Plan Approval Process consist of (2) two stages, PRELIMINARY and FINAL Plan Design.

* For Specific information, please refer to the Ancala Architectural Standards and Design Guidelines.

Step 1: Preliminary Submittal – The Preliminary plan need not be elaborate, but must include completed

forms and the following information:

• Conceptual Site Plan

• Conceptual Grading & Drainage Plan Submit to: Ancala HOA

• Landscape Concept Plan (identify planting area) Attn: Executive Director

• Floor plans & Elevations 11806 E. Via Linda

• Calculation of Proposed Disturbance vs. Permitted Scottsdale, AZ 85259

• Design Review Fee (non-refundable) (480) 661-1066

Construction Deposit (refundable) execdir@ancalahoa.org

• Preliminary Design Meeting and/or Site Visit with Ancala Representative

Step 2: Final Submittal

• Site/Grading/Drainage Plan from a registered Civil Engineer

• Landscape Plan/Native Plant Inventory/Landscape Lighting

• Floor Plan/Elevations/Details

• Electrical Plan/Exterior Fixture Cuts

• Sections

• Specifications/Color Pallet and Materials Board (include house, patio, site walls & driveways)

• Construction Schedule

• Fully executed Ancala Common Area Access and Site Aesthetics Agreement

Step 3: Posting of Permits - Both Ancala & City of Scottsdale in a location visible from the street.

• Major corners of the residence must be staked and approved.

• Temporary fence inspection - The approval of the perimeter chain link fencing must be given.

Upon completion and approval of these requirements, grubbing & grading may be started.

IMPORTANT NOTICE:

You should not proceed beyond this point with your planning efforts until you receive written notice to

proceed with your Preliminary Plans. This is for your benefit and can result in substantial savings to you

in time and expense.

IMPORTANT NOTICE:

Application for Final Plan Review and formal written approval by the Ancala Homeowners Association

Architectural Control Committee must be complete before any improvements, disturbances or alterations

are made to your property. The Final Submittal items are the minimum requirements for submission.

77

Step 4: Site Visit after Grading

• Inspection will be done to verify that site preparation has been accomplished according to the

approved plan.

• Further construction will not be permitted until the final grading/site preparation inspection has

been completed and approved.

Step 5: Ridgeline Height and Finish Floor Inspection:

• When rough framing is complete an inspection by a registered surveyor hired by the

Owner/Builder must be made to verify finish floor and ridgeline heights have been installed

per the approved plans.

• A copy of the Engineers verification of the Building Pad Elevation and Ridgeline Height must

be presented to the Committee.

Step 6: Framing and Lath Inspection

• Prior to stucco application an inspection of the framing and lath must be done and approved to

determine that all detailing, windows and doors have been installed per the approved plans.

Step 7: Final Inspection

• After all work on the home has been completed and all landscaping has been installed per the

approved landscape plan. Any landscape lighting has been submitted, approved, and installed,

a final inspection can be scheduled.

NOTE:

Submittal of the preliminary and final plans must contain a list of variances to the Ancala Architectural

Standards and Design Guidelines. Any specific Guideline to which a variance is being requested, (i.e.

wall height), must be brought to the attention of the Committee in the review process. Approval of the final

plans is contingent on the fact that the Committee has been advised of all the variances to its Guidelines.

Any variance, which comes in dispute prior to final acceptance of construction, is subject to review by the

Committee and if required by the Committee changes to the construction must be done at the Owners

expense.

IMPORTANT NOTICE:

No exception to the predefined maximum ridgelines will be allowed. Any violation of this height will

result in the contractor being required to remove the existing framing and new framing installed at the

proper height, at the Contractors expense.

IMPORTANT NOTICE:

Any changes to the approved plans must be approved by the Ancala Homeowners Association prior to

their incorporation into the home.

78

NEW HOME CONSTRUCTION

APPLICATION FORMS

All forms must be completed and signed prior to the issuance of an Ancala Building Permit

79

APPLICATION

FOR NEW HOME CONSTRUCTION

Legal Description: Final Plat: _______________________ Lot: ___________________________

Project Address: _______________________________________________________________________

Square Footage: Livable: _________________________ Total: _________________________

Ridgeline Height Limit Allowed: ______________ Ridgeline Height Limit Submitted: ___________

Owner: ___________________________________________ Phone: _________________________

Mailing Address: ______________________________________________________________________

Email Address: _____________________________________

Builder: ___________________________________________ Phone: _________________________

Address: _____________________________________________________________________________

General Contractor’s License Number: _____________________________________________________

Architect/Designer: _________________________________ Phone: _________________________

Mailing Address: ___________________________________ Phone: _________________________

Landscape Architect/Designer: ________________________ Phone: _________________________

Mailing Address: ______________________________________________________________________

Any alterations, modifications, or omission to the approved application, which affects grading and drainage, design materials or colors MUST BE REVIEWED

AND APPROVED BY THE ANCALA HOMEOWNERS ASSOCIATION ARCHITECTURAL CONTROL COMMITTEE PRIOR TO COMMENCEMENT

OF THE ALTERATION, MODIFICATION OR DELETIONS.

Disclaimer: No member of the Ancala Homeowners Association Architectural Control Committee shall be responsible in any way for any defects in any plans

and/or specifications submitted in accordance with the rules and regulations of the Committee, nor for any structural defects in any building or structure erected

according to such plans and specifications.

________________________________________ _________________________________________

Owner’s Signature Applicant’s Signature

________________________________________ _________________________________________

Date Date

80

CONSTRUCTION DEPOSIT AGREEMENT

Remodels, Additions, Pools and All Other Construction

OWNER:

Name: ______________________________________________________________________________________

Address: _____________________________________________________________________________________

Lot Number: ___________________________ Phone: ______________________________________________

BUILDER:

Contact Name: _______________________________________________________________________________

Address: ____________________________________________________________________________________

Phone: ______________________________________________________________________________________

OWNER AGREEMENT:

All instructions, Property Appearance and Architectural Guidelines have been reviewed by the Owner and Builder. To

guarantee that these regulations are adhered to, each homeowner shall post a refundable deposit in accordance with the current

fee schedule at time of application.

The homeowner will have twenty four hours after notification of a violation to correct the condition. Should it become

necessary for either the Architectural Committee or the Association to remedy any violation of these regulations or to engage

Architects, Engineers, or Attorneys in the event of a dispute concerning an alleged violation, the costs of such remedy will be

charged against the deposit.

A balance equal to the refundable portion of the deposit shall be maintained at all times and will be refunded upon final

inspection of the property and approval by the Architectural Committee.

If you have any questions regarding the above information, please contact the Association office.

Deposit received:

Date: _________________________________

Check #: ______________________________

Amount: ______________________________

Signatures:

_______________________________________ _______________________________________

Lot Owner Date

_______________________________________ _______________________________________

Homeowner's Representative Date

81

LETTER OF INTENT TO LANDSCAPE

Date:

Ancala Homeowners Association

11806 E. Via Linda

Scottsdale, AZ 85259

Ancala Community Address: , Scottsdale, Arizona.

Lot#:

The undersigned owner(s) of the above property hereby acknowledge that the landscaping plan submitted

as a part of the formal application are an integral part of the overall approval process, and hereby agree to

complete the proposed landscaping within 60 days after completion of construction of the residence.

Additionally, the undersigned Owner's herein agree, in the event that said property is sold or transferred

prior to the installation of the approved landscaping, to notify the new owners of this obligation.

The property owners are hereby notified that it is the intent of the Ancala Homeowners Association to

strictly enforce this agreement and any failure to complete the approved landscaping within the agreed

time period will constitute a violation of the Declaration of Covenants, Conditions and Restrictions of the

Ancala Homeowners Association.

_______________________________________ ______________________________________

Property Owner Signature Date

________________________________________ ______________________________________

Property Owner Signature Date

82

AGENT AUTHORIZATION

Ancala Homeowners Association

Architectural Control Committee

11806 E. Via Linda

Scottsdale, AZ 85259

Dear Committee:

I (We) are the Owners of the following described property, which is subject to the Ancala Declaration of

Covenants, Conditions and Restrictions (CC&R’s) and Design Guidelines of which I (we) hereby

acknowledge receipt and understanding thereof.

Ancala Lot #: Address: ___________________________________, Scottsdale, Arizona

I (We) hereby appoint _________________________________________ as my Agent for all purposes

and matters reasonably related to the construction of _________________________________on the

above property.

I (We) inform and assure the Architectural Control Committee (the Committee) of the Ancala

Homeowners Association (HOA) that I (we) will comply with all applicable City of Scottsdale Building

Codes and requirements as a guide to sound construction, electrical and plumbing installation practices.

I (We) further assure the Committee that I (we) have consulted Architects and Engineers that I (we) deem

appropriate, and I (we) release the Committee of all liability for failure or deficiencies in the construction

which may be approved by the Committee.

I (We) agree that plans and specifications submitted as part of this application will not be amended

without approval from the Committee. The finished structure will be what is represented by such

approved plans and specifications.

Sincerely,

Owner Name (Print) Owner Signature

Owner Name (Print) Owners Signature

Date

83

NEW HOME CONSTRUCTION REQUIREMENTS AND APPLICATION

1. Provide site plan showing existing grades, all finish grades, and curb lines, etc. prepared by a registered Civil

Engineer. Disturbance fencing must be shown on sides, rear front of all areas of new construction.

2. Provide dimension lines from property to structure on all sides.

3. Provide a complete landscaping plan for the “Street Zone” and “Natural Areas” and "Private Zone" as described

in the guidelines indicating quantity, location and size for all proposed plant materials, and any landscape lighting proposed.

4. Floor Plans (minimum scale 3/16" = 1' - 0").

5. Elevations (minimum scale 3/16" = 1' - 0").

6. Electrical Plans (minimum scale 3/16" = 1' - 0").

7. Figure percentage of lot coverage (footprint of house divided by square footage of lot) ____%.

8. Driveway surface material and color . Submit sample.

9. Air conditioner/cooler location (show slab and screen wall on foundation plans and on elevations).

10. Solar placement and other mechanical equipment locations.

11. Window frame color .

12. Exterior Base color Brand . Submit sample.

Paint color LRV (light reflective value 40% maximum) Ancala N. E. & W. .

Paint color LRV (light reflective value 65% maximum) Ancala .

13. Trim color Brand . Submit sample.

Paint color LRV (light reflective value 40% maximum) Ancala N. E. & W. .

Paint color LRV (light reflective value 65% maximum) Ancala .

14. Flat and/or pitched roof .

Roof material and color . Submit color sample.

15. Fascia dimensions . Materials .

16. Support post and/or column sizes (all sides) .

17. Window detailing on all sides of new construction (recessed pop outs, or other).

18. Show retaining walls and/or fences and heights, on all elevations. Show grades from Site Plan on all elevations.

Date Owner or Owner’s Agent Signature

84

UPON COMPLETION OF THIS

APPLICATION, THE FOLLOWING FORMS

SHOULD BE PROVIDED TO YOUR

CONTRACTOR/BUILDER AND/OR

MANAGING AGENT

85

Re: Ancala Common Area Access and Site Aesthetics Agreement

Dear Builder:

The Ancala Homeowners Association has adopted the attached Common Area Access and Site Aesthetics

Agreement. Ancala Architectural Control Committee approval will require the lot owner to enter into this

Agreement before construction can commence on the home. The Ancala Homeowners Association is

requiring this agreement in order to make Ancala a residential community of the highest possible quality,

value, desirability, attractiveness and safety.

We would also like to remind all builders that “pier and wall” type site walls constructed in Ancala are not

allowed. Pier and wall type site walls are masonry walls with 8" pilasters with 4" masonry block built

between the pilasters. Any further pier and wall site walls will be removed. All site walls in Ancala must be

a minimum of 6" in width.

If you have any questions or comments, please feel free to call our Executive Director's office at 480-661-

1066.

Sincerely,

Ancala Homeowners Association

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ANCALA

COMMON AREA ACCESS

AND

SITE AESTHETICS AGREEMENT

This Common Area Access and Site Aesthetics Agreement (the “Agreement”) is made as of this

day of ________________, 20___ between the Ancala Homeowners Association (“the Association”) and

____________________________________________________________ (“Owner”).

WHEREAS, the Owner and/or the Owner’s Builder desires access to the Ancala Community (the

“Community”) for the purpose of performing approved construction on Plat ________________, Lot

Number _________ (the “Lot”);

WHEREAS, the Association has established regulations for the use of the common areas within the

Community and the conduct of certain other activities, pursuant to its powers under Article 2 and Article

10 of the Ancala Covenants, Conditions and Regulations (the “Covenants”), in order to provide for a

residential community of the highest possible quality, value, desirability, attractiveness and safety.

NOW, THEREFORE, for good and valuable consideration, receipt and sufficiency of which is

hereby acknowledged, the Association and Owner agree as follows:

1. Deposit: The Owner shall at all times during construction post and maintain a One Thousand

Five Hundred and Fifty Dollars ($1,550.00) Deposit Fund (the “Deposit Fund”) with the Association.

Prior to commencing construction on the Lot, Owner shall pay the sum of One Thousand Five

Hundred and Fifty Dollars ($1,550.00) by cash or check to the Association (the “Initial Deposit”).

When a fine is assessed against Builder or their Construction Workers (as defined herein) Owners

Deposit fund shall be reduced by the fine and that amount shall be forfeited to the Association.

Within ten (10) days following notice of any fine, Owner shall replenish the Initial Deposit to bring

the Deposit Fund to One Thousand Five Hundred and Fifty Dollars ($1,550.00) (the “Additional

Deposits”). If Owner fails to provide a required Additional Deposit within the ten (10) day period,

Builder and all Construction Workers shall be excluded from the Community until such Additional

Deposits are received. Owner shall be solely responsible for the payment of all fines assessed

pursuant to this Agreement. Any amount remaining in the Deposit Fund shall be returned to Owner

upon completion and approval of all work on the Lot.

2. Builder’s Responsibility: Builder shall be responsible for all activities within the Community

by Builder, any of Builder’s agents, employees or subcontractors, and any other person(s) paid, hired

or commissioned by Builder to provide construction and/or design services or to deliver any goods or

materials to the Lot (collectively, the “Construction Workers”). Builder shall not be held responsible

for the activities of the Lot Owner or guests or other invitees of the Lot Owner. Owner shall be solely

responsible for the payment of all fines assessed pursuant to this Agreement.

3. Construction Traffic: Construction traffic should enter and exit the gate closest to the project.

Please contact the Executive Director at 480-661-1066 to determine which gate is preferred.

4. Parking: Parking or Construction Workers’ vehicles should be limited to one side of the street

closest to the project. Builder agrees that if a safety hazard is identified by the Association due to

parking of construction vehicles on the site, the Builder shall have construction vehicles moved

immediately and provide Construction Workers with off-site parking and transportation if necessary.

Each violation of this provision shall result in a One Hundred Dollar ($100.00) fine. A second

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violation of this provision, by the same construction vehicle owner, shall result in the complete

exclusion of that vehicle from the Community.

5. Street Closures (complete or partial): Any activity that will partially or completely block any

street in Ancala must receive approval to do so, 48 hours prior to the actual occurrence. Failure to

obtain permission to block a street will result in a Two hundred fifty dollars ($250.00) fine per day

or portion thereof.

6. Construction Material Delivery and Storage: Construction Materials when initially delivered to

the site and subsequently stored for use on the site shall be unloaded and stored completely within the

boundaries of the site. No deliveries or storage shall be allowed to encroach on any street, common

area (including Golf Course Property) or adjacent lot. Violation of this provision shall result in a fine

of Two Hundred Fifty Dollars ($250.00) per day or portion of a day for each occurrence.

7. Traffic Violation: All Construction Workers shall strictly abide by all speed limit signs and

stop signs posted within the Community. Each violation will be subject to a fine each time a

Construction Worker is cited for exceeding the posted speed limits or failing to make a complete stop

at a stop sign. A second violation of this provision, by the same construction vehicle shall result in the

complete exclusion of that vehicle from the Community.

8. Dumpsters/Portable Toilets: Each site shall have one trash dumpster and one portable toilet per

Lot, both of which shall at all times be placed in the property of the Lot itself. The dumpster shall be

placed length wise, parallel to the street, in the 25 foot front yard setback of the Lot. The portable

toilet shall be placed between the dumpster and the home so as to minimize any view of the toilet

from the street. Violation of this provision shall result in a fine of Fifty Dollars ($50.00) per day.

9. Disposition of Trash: All Trash on the Lot shall promptly be deposited in a trash dumpster.

“Trash” shall include, without limitation, any and all construction debris on the Lot. In the event

Trash is left on the Lot and the Association elects to have such Trash removed, Builder shall pay a

fine of Seventy Dollars ($70.00) per hour spent on such removal.

10. Noise: No Construction Worker shall cause any Unnecessary Noise to emanate from the Lot.

This Unnecessary Noise, shall be any noise, other than that generated by the active construction,

including noise issued from radios, stereos or other musical devices, which is audible from an adjacent

lot or the Golf Course. Unnecessary Noise shall not include such noise as is reasonably necessary for

the construction of a home. A violation of this provision shall be subject to a One Hundred Dollar

($100.00) fine to the Construction Worker who causes an Unnecessary Noise violation notice to be

issued. A second violation of this provision, by the same Construction Worker, shall result in the

complete exclusion of that person from the Community.

11. Fire Extinguisher: Each site shall have one fire extinguisher, meeting City of Scottsdale

requirements, present on the site at all times that any construction activity is being conducted on the

premises. Violation of this provision shall result in a fine of One Hundred Dollars ($100.00) for

each occurrence.

12. Private Property: The Builder acknowledges the Ancala Golf Course, all adjacent lots and the

designated Natural Area Open Spaces of all lots in the Community are private property (“Private

Property”). No Construction Worker may make any unauthorized access on Private Property, and no

Construction Worker shall hit, throw, cast or otherwise deposit any objects, including but not limited

to Trash, onto Private Property. Builder shall be subject to a One Hundred Dollar ($100.00) fine

each time a Construction Worker trespasses onto Private Property or causes objects to be hit, thrown,

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cast or deposited onto Private Property. A second violation of this provision, by the same

Construction Worker, shall result in the complete exclusion of that person from the Community.

13. Ancala Sign Rules: The Builder acknowledges that it has read and agreed to all of the attached

Ancala sign rules.

14. Working Hours: The Builder acknowledges and agrees that all construction work must be

performed on the Lot between the hours of 6:00 AM to 6:00 PM Monday through Saturday. No

construction work shall be done outside of these hours, and no work shall be done on Sundays or legal

holidays.

15. Builder Contact: The Builder/Owner will provide a 24 hour emergency contact telephone

number.

16. Subcontractor/Vendor List: Builder/Owner will provide, and keep current, a list of all

subcontractors, vendors that work on the property. The list will include company or individual name,

and phone number. If others attempt admission the security officer will make one call to the 24 hour

emergency number and admit if instructed to do so or turn the party away if contact isn’t made.

17. Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties

hereto and their heirs, personal representatives, successors and assigns.

18. Attorney’s Fees: The prevailing party in any litigation hereunder shall be entitled to the

recovery of its reasonable attorney’s fees and costs from the other party.

______________________________________ ____________________________

Owner Signature Date

______________________________________ ____________________________

Builder or Agent Signature Date

Ancala Homeowners Association Acknowledgement:

Accepted this ____________ of ______________, 20____

_________________________________________

Print Name

_________________________________________

Signature

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CONTRACTORS/VENDORS

Enter and exit through gate closest to the project after consulting

with Security at the Main Gate.

All construction traffic must adhere to the Ancala Roadway and

Vehicular Traffic Policy including:

▪ Vehicles may not exceed the maximum speed limit of 25 MPH.

▪ Vehicles must come to a complete stop at all Stop Signs.

Do not place anything on Association owned streets:

▪ Building/Landscape materials

▪ Dumpsters

▪ Port-a lets

▪ Detached Trailers

All materials relating to your project must be located behind the

ribbon curb on the lot you are servicing, and cannot be placed in

Natural Area Open Space (NAOS) areas.

Failure to adhere to this guideline will result in the following:

1. Shut down of project

2. Monetary penalty to Property Owner

3. Option to disallow contractor/vendor entrance for future

projects

4. Assume full liability for any damages caused by anything

related to project placed on street

****Parking allowed on one side of street only****

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Ancala Homeowners Association

APPENDIX G SCHEDULE OF FEES, DEPOSITS AND FINES

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Appendix G SCHEDULE OF FEES & DEPOSITS

Effective September 1, 2019

Type of Project

Total amount

required with

submittal

Non-Refundable

Design Review

Fees

Refundable

Deposit

New construction $4,550 $3,000 $1,550 *

Remodel/Addition $1,250 $750 $500 **

Landscape/Hardscape* *includes fountains,

mailboxes, awnings, gazebos, pergolas and any other

hardscape structure or architectural change to the

exterior of the residence.

$700 $200 $500

Re-inspection fee for failed inspection $200 $200 $0

Variance Request $650 $650 $0

*NOTE: If included with original submittal, there will not be an additional charge.

**NOTE: Request for refund of deposit is required in writing within 60 days of final inspection.

FINE SCHEDULE FOR

CONTRACTORS/PROPERTY OWNERS

As mentioned in the Ancala Architectural Guidelines, the Property Owner is responsible for the conduct and

behavior of all agents, representatives, builders, contractors, and subcontractors while on their Lot and within the

Ancala HOA. The Builder or Contractor is responsible for all activities associated with the services they were hired to perform.

FINE DESCRIPTION & AMOUNT

Guidelines Fine Description Section Fine Amount Work Staging & Storage 7.3.1 $250 per day

Dumpster/Portable Toilet 7.3.1 $ 50 per day

Site Clean Up 7.3.2 $ 70 per hour

Property Owner Responsibility 7.4 $100 per incident

Private Property Access 7.81 $100 per occurrence

Dust & Noise Control 7.9.4 $100 per occurrence

Common Area/Site Aesthetics Fines

Parking Violation Item 4 $100 per violation

Street Closure Item 5 $250 per day

Trash Violations Item 9 $ 70 per hour Lack of Fire Extinguisher Item 11 $100 per occurrence

Street Staining (proposed) $100 per occurrence + Repair/Removal

Street Damage (proposed) $250 per incident + Repair

The Property Owner is also responsible for any violation by the Contractor and for the payment of all fines. If a violation of

any type occurs, the Property Owner will incur a $100 per incident fine (as indicated above) in addition to the particular fine

amount. This fine will be deducted from the security deposit and the work will be stopped until the deposit is restored to its

full amount.