Brighton Forest Community Association, Inc.

Architectural Standards, Construction Specifications & Landscape Guidelines

Proposed Revision — June 2026 draft for community review · Supersedes February 2022 edition upon adoption

I. Letter of Introduction, Review & Approval Process

Pursuant to the Covenants, the purpose of this document is to provide the homeowners of Brighton Forest Community the specifications each homeowner must follow to maintain the physical appearance of their property, as well as identify the process for changes they wish to make.

The objective of this document is to maintain the overall appearance of the Community, whereby preserving the overall appeal of our homes and neighborhood, and increase the values of our homes, while allowing for Homeowner individuality.

Should a homeowner make an alteration without prior approval, the Board reserves the right to have the alteration modified by the homeowner to comply with the regulations or removed by the homeowner if such alteration is not permitted by these Guidelines.

A. Review & Approval Process Steps

1. Submit a current Brighton Forest Community Association Application for Architectural Review of Proposed Exterior Changes/Additions (Application). The Application is appended at the end of this document or may be obtained from the management company. The Application is not considered complete unless all supportive documentation is included with the Application. Please note that obtaining proper permits and adhering to current building codes are the responsibility of the homeowner as required by Town/City/County Ordinances. There are no fees associated with the Brighton Forest process.
2. Following is a list of the documentation (not inclusive) that may be required for your project in order for the Architectural Review Committee (ARC) to consider your application:
   1. Description of the change/addition
   2. Plot plan showing the location of the change/addition/proposed structure in relation to other structures and property lines
   3. Official plat or survey showing lot boundaries, the existing building, and the proposed structure
   4. Documentation that the project does not violate local ordinances
   5. Elevation drawing(s) including, as applicable, railings, steps, walkways, and all other pertinent information
   6. Alterations can not affect the flow of water for neighboring lots or common area
   7. Description of the materials to be used, including samples of paint or stain colors
   8. Description and placement drawings of landscape screening
3. Before any work is commenced, the resident must receive approval in writing from the acting ARC. Written approval will be delivered to the homeowner by the property management company. Residents commencing work before approval or in violation of standards do so at their own risk. Additional costs incurred as result of commencing work prior to approval are the responsibility of the homeowner. Failure to adhere to these standards is addressed through the enforcement process described in Section VI, which follows the notice, hearing, and fine procedures of N.C. Gen. Stat. § 47F-3-107.1.
4. The Approval Process is as follows:
   1. The completed Application and supporting documentation will be initially reviewed by the Community's management company for completeness. If an application is incomplete, the homeowner will be notified in writing within 10 business days of what is missing.
   2. Completed submittals will be forwarded to the ARC for review and inspection of the site. The ARC will notify the management company of their decision.
   3. The management company will inform the homeowner, via written correspondence (postal mail or e-mail), of the ARC's decision. A denial or conditional approval must be in writing and must (i) cite the specific section(s) of these Guidelines the application did not meet, (ii) explain how the project fell short of each cited section, and (iii) state what changes would make the project approvable.
   4. The ARC will issue its written decision, with the reasons required above, within 60 calendar days after the management company receives a complete application. (Under the recorded Declaration, an application not approved within 60 days is deemed denied; the ARC's obligation under these Guidelines is to issue an actual, reasoned decision within that period.)
   5. Repair or in-kind replacement of an existing, previously approved structure may be made to the structure's original approved specifications. Conformance to current specifications is required only for a rebuild that increases the structure's footprint or height or changes its use.
5. Homeowners must complete approved projects within 90 days of the start of work. A variance may be requested for weather or other delays beyond the homeowner's control. During construction, the debris and site-maintenance requirements of Step 6 apply.
6. Homeowners are required to maintain the property during construction. All debris must be collected and disposed. Following the completion of the project, all debris and misplaced items must be returned to their proper location within 2 weeks.

II. Appeals Process

III. Landscape/Hardscapes Architectural Standards

A. General Landscape Maintenance Requirements

Approval required

1. Structural changes — installation of a retaining wall or modification to an existing retaining wall, installation of a walkway
2. Change to the contour of the land
3. Changes adjacent to a property line in the front of the property
4. Changes that would place a structure or vegetation exceeding [6] feet in height within [15] feet of an adjoining lot line. Review under this criterion is not required where the adjoining owner consents to the change in writing.
5. Removal of any tree having a trunk diameter of 6 inches or more at a point 2 feet above the ground. Approval will be granted where the application includes a report from a licensed arborist or similar tree expert (a similar expert would be someone who holds an accredited degree or a recognized professional certificate in the applicable field) stating that the tree is dead, diseased, structurally hazardous, or otherwise warrants removal, with an explanation as to why the tree must be removed. Trees located within 10 feet of an approved building site will be approved for removal. Removal requests not supported by such a report may still be approved by the ARC, with the reasons documented in the written decision.
6. Homeowners can also submit a request to the Architectural Committee for the review of the removal of damaged trees. If the need for removal is apparent to the Architectural Committee, the Architectural Committee can, by a unanimous vote, approve the removal without an expert's report.

Guidelines

This includes the following:

1. Overall quality of the lawn
2. Edging along all sidewalks, driveways, and streets
3. Trimming along fence and house lines (front and back yards)
4. Screening bushes must be kept trimmed and neat (front and back yards). In naturalized areas, stray limbs and branches must still be kept trimmed.
5. Mulching (pine straw or hardwood is permitted) of all plant bed areas
6. Removal and disposal of all debris, including leaves in the front and back yards. Leaf removal from natural areas is not required.
7. Removal of weeds/growth on hardscapes (including patios, walkways, driveways, sidewalks, and curbs).

Bordering the street with any material (i.e. stone, solar lights, reflectors, or any other material) for either decorative or protective reasons is strictly prohibited. A variance may be approved where active construction is occurring on the street; the variance is valid for the construction period stated in the written approval, and bordering material must be removed within 14 days after construction on the street is complete. Approval is required.

B. Yard Art, Lamps, Landscape Lighting & Signs

Approval required

Yard art (benches, arches, stone walls, flagpoles, etc.), outdoor lighting, and water features require submission and written approval.

Guidelines — signs

Except during a project, all commercial advertising signs are strictly prohibited. Signs should be removed immediately upon completion of such services. The following items must be removed within 3 weeks following the event (unless otherwise noted). No signs may be placed on common property except as described in the applicable section below.

1. Holiday decorations
2. For sale or for rent signs
3. Garage sale signs (must be removed within 1 week)
4. Political signs. Consistent with N.C. Gen. Stat. § 47F-3-121, political signs may not be prohibited from 45 days before an election through 7 days after it, and at least one sign of up to 24 × 24 inches per political sign subject must be permitted. Signs must be removed within 7 days after the election. See "Flags" below for political flags.
5. Landscape or accent lighting specific for an observed calendar event
6. Celebratory signs
   1. Graduation signs or other school recognition/promotion signs should be removed by September 1st or two months after installation, whichever comes first.
   2. Birthday and other celebratory signs should be removed within a week of installation

Additional guidelines — signs in common areas

1. Any signs placed in common areas are the responsibility of the home owner
2. Any damage done to common areas is the responsibility of the home owner to repair even if done by a third party under employ of the home owner or representing the home owner (i.e. real estate agent)
3. A-frame type real estate signs for open houses are allowed in common areas for the day of the open house; signs that stake into the ground are not allowed
4. Commercial signs (excluding those allowed for open houses) are not allowed at any time
5. Celebratory signs (e.g. birthday signs) can be placed in common areas for up to 24 hours
6. The HOA is not responsible to return signs or for the condition of signs if they are removed from common areas

Additional guidelines — flags

1. Flags attached to holders on the house or wire frames in the yard are permitted
2. U.S. flags and personal flags (e.g. Collegiate or Professional sports teams) are permitted
3. Flags containing obscene images or profanity are not permitted
4. Political flags follow the same limitations as political signs and are permitted within the same allowable window as designated above
5. Freestanding flag poles taller than [20] feet require written approval; flags attached to house-mounted holders or wire frames do not
6. Any sign or flag not meeting the above requirements is prohibited

Note: N.C. Gen. Stat. § 47F-3-121 protects the display of United States and North Carolina flags up to 4' × 6' displayed in accordance with patriotic customs; these guidelines are read subject to that statute.

Additional guidelines — water features

Additional guidelines — lighting

1. Lighting as part of holiday decorations does not require prior approval.
2. Installation and operation of flood and security lights does not require prior approval.
3. Permanent outdoor light fixtures (e.g. lamp posts or wall sconces) do require prior approval.
4. String lights are permitted and do not require approval provided lights are placed between the rear lot lines of the house and are properly maintained.
5. All lighting and power sources (e.g. extension cords, wiring, etc.) must be up to Fuquay Varina Town Code.
6. Flood, security, and string lighting must be aimed or shielded so the light source does not shine directly across a lot line into a neighbor's window. Upon written complaint from an affected resident, the ARC will issue written notice identifying the specific fixture and the affected lot; the fixture must be re-aimed, shielded, or relocated within 30 days of that notice.

C. Patios, Arbors, Pergolas & Screens

Approval required

Installation of a new patio, arbor, or screens requires submission and written approval.

Guidelines (style, materials, height & location)

There are no predetermined styles for patios, arbors, or screens. However, the following criteria apply:

1. Patios may be constructed using concrete or pavers (stone or brick). Concrete slab patios must be of a smooth finish and framed design. If choosing a stamped concrete patio, the design and stain must be submitted with the application as described above.
2. Pergolas and screens must be constructed of pressure-treated or naturally rot-resistant lumber, or composite lumber of the type permitted for decks (vinyl/all-plastic products are prohibited), and finished in a natural wood tone or a color from the approved palette attached as Exhibit [A]. The height of a pergola shall not exceed 9 feet above the deck surface. Free-standing screens shall not exceed 5 feet in height. If a screen is part of a pergola, it may extend to the height of the arbor.
3. Patios located behind the house and meeting the material requirements above will be approved. A side-yard patio screened from the street by vegetation or fencing will also be approved; other locations may be approved on application. As a condition of approval, the ARC may require foundation plantings along a patio edge visible from the street; landscaping may not be required otherwise.

D. Vegetable Garden Plots

Approval required

No prior approval is required if the garden plot is wholly located in the rear portion of the lot and completely contained within the resident's yard. For any garden location other than described above, or if tree removal is required to provide space for the garden, garden plots require submission and written approval.

Guidelines

Garden plots may be no larger than 300 square feet. A border around the garden is strongly encouraged (garden timbers or similar material). To inhibit wild animals from eating vegetation, a fence may be installed as described in Section IV, Subsection E of this document to a maximum peak height of 5 feet. Following the growing season, plants must be removed, and the garden prepared for the non-growing season. All stakes and other structural additions must be removed and stored; storage indoors, in the rear yard, or otherwise out of view from the street satisfies this requirement.

E. Compost Piles

Approval required

None

Guidelines

Open compost piles are prohibited. Residents must use an enclosed compost container located in the rear of the house, out of view of the street. Compost containers must be located in the rear portion of the lot.

F. Fire Pits

Approval required

Installation of a permanent fire pit requires prior approval.

Guidelines

Fire pits must be located in the rear portion of the lot and at least a minimum of 8 feet from lot lines.

G. Items in Easement: Lawn Markers, Stakes, Landscaping, Rocks, Etc.

Approval required

Installation of any item in the easement requires architectural approval.

Guidelines

Prior to approval, homeowners must obtain written approval from the Town of Fuquay Varina Planning Department for any obstructions within the public right of way. Said written approval shall be included with the Architectural Control Committee application for review and approval. Markers shall be 4" × 4" wooden posts with less than one foot showing above ground, placed no closer than ten feet apart at a minimum distance of 2 feet from edge of pavement. Any markers shall be maintained in good condition.

IV. Structural Architectural Standards

A. Home Additions, Improvements & Storage Buildings

Approval required

Prefabricated structures are prohibited. The installation of a home addition, home improvement, or storage building and associated landscape requires submission and written approval.

Guidelines

The new or replacement structures must meet the following criteria:

1. All structural additions and improvements must comply with the Fuquay Varina Code of Ordinances.
2. All construction must be on the homeowners' property. The homeowner is responsible for ensuring all items are on their own property.
3. Common areas cannot be used in any construction project for any reason including, but not limited to, access to a homeowner's property, storing construction materials, or parking of construction vehicles.
4. Damage done to common areas will be the responsibility of the homeowner to fix to meet community expectations, regardless of the condition prior to the damage by the homeowner. The HOA reserves the right to have any damage to common areas fixed, without consent of the homeowner, and billed back to the homeowner, including any applicable fees that are incurred to collect or process those costs.
5. Siding material, trim, doors, windows, roof coverings, and exterior colors must match the existing house, using the same building materials (as items 7 and 8 already require).
6. Structure built/constructed on a permanent foundation. Piers are considered a permanent foundation and therefore allowed. If piers are used, screening should be used to hide all gaps between piers.
7. Building materials must be the same as those used on the house.
8. Accessories of the building, including siding, trim, doors, windows, and roof coverings, should match the house.
9. Storage buildings should not be any larger than 10' × 12' and must be at least 8 feet from any lot line. A location behind the house will be approved; a side-yard location will be approved with screening; other locations may be approved on application.
10. Foundation plants should be installed to cover gaps.
11. As a condition of approval, the ARC may require shrubs reaching at least 50% of the building height along side(s) visible from the street; screening may not be required otherwise.
12. Siding on storage buildings may run vertically or horizontally; however, all other features of the storage building must match the house.

Encroachment into any easement or buffer is strictly prohibited. Homeowners are required to match the house color and style on the addition being made to the house. Homeowners are required to complete the project within the period stated in Section I and to maintain the property during construction as outlined in Section I.

B. Mailboxes

Approval required

None

Guidelines

The design of all replacement or new mailboxes should match the style of the original neighborhood mailbox and post. The mailbox style is "Small Elite" and the post style is the Hampton system. Mailbox numbers must be italic and 3" standard mailbox style stickers.

C. Skylights, Attic Fans & Window Air Conditioners

Approval required

Skylights and attic fans that alter the exterior of the roof require submission and written approval. Window air conditioners are prohibited.

Guidelines

D. Decks

Approval required

Installation of a deck (including replacement), deck enclosure, and associated landscaping require submission and written approval.

Guidelines (style, materials, height & location)

There are no predetermined styles for decks. However, the following criteria apply:

1. All wooden decks shall be constructed with pressure treated wood or composite lumber and sealed with a natural wood-tone sealant or a stain from the approved palette (Exhibit [A]). Deck posts may be constructed with brick or pressure-treated wood.
2. The ARC may require skirting or foundation plantings only where the area under the deck exceeds 4 feet in height and is visible from the street. Decks must reach a height that requires no more than an 8-inch step-down from the entry into the house.
3. Residents must maintain the deck, including replacement of broken pieces. Maintenance requires removal of mold and re-application of stain. Upon deterioration of the deck it should be repaired or replaced.
4. Decks behind the house will be approved; a side location will be approved if screened from the street; other locations may be approved on application. View impacts are evaluated under the measurable standard in Section III.A, not as an unwritten criterion. Construction within buffer areas is prohibited.

E. Fences

Approval required

The installation of a fence (including replacement), change in fence color, and any associated landscaping requires submission and written approval.

Guidelines (style, materials, height & location)

While there are seven predetermined styles for fences, alternative styles will be considered so long as they are consistent with the following Guidelines. The styles and requirements are described below:

1. Fences must be a natural colored-treated wood, wrought iron, or black aluminum.
2. Chain link, PVC, vinyl, and painted fences are prohibited.
3. Measured from the turf to their peak height, fences must not exceed a height of 5 feet. Along a rear property line adjoining a parcel outside the community, a fence of up to [6] feet will be approved where the parcel is used for non-residential purposes or contains commercial, agricultural, or utility structures, or where other adverse conditions on the adjoining parcel are documented in the written approval.
4. Fences must be made of treated wood and sealed with a natural wood-tone sealant or a stain from the approved palette (Exhibit [A]).
5. Fences must be built on site using individual wood boards. Fences cannot be purchased in sections and installed.
6. 4x4 or 6x6 wooden posts should be set in concrete, and spaced 8' on center.
7. Braces/runners are a 2" × 4" × 8' long normally and are installed horizontally; 2 runners for 4' fences and 3 runners for 5' fences.
8. Braces/runners must face inward to the property.
9. Location of fence is to be as close to the inside of the property line as possible, without being on the property line.
10. Any fences, landscaping, or anything else placed within property easements must meet municipality restrictions and are usually subject to removal and replacement at homeowner's expense.
11. Fences should be built no closer to the street than the back corners of the house.
12. Fences built on lots such as corner lots where a large portion of the fence will face the street must have medium-to-large growing shrubs planted between the fence and the street.
13. Fence style must be uniform for the property.

Fences should be power washed to remove mold and resealed with an approved stain color. Residents are required to repair broken boards of the fence and correct leaning or falling sections of the fence. Upon deterioration of the fence it should be repaired or replaced.

Suggested fence styles are shown in Exhibit [B] (carried over from the February 2022 edition).

F. Play Structures (Swing Sets, Play Houses & Jungle Gyms)

Approval required

Children's play structures require submission and written approval.

Guidelines

No tree house or fort structures may be built in the Community under any circumstances. Those that have already been built with ARC approval have been grandfathered. Children's wooden play sets are permitted. Play structures must be constructed from natural materials. Slides and other play pieces must be earth-tone colors (such as brown, tan, or green) that blend with the surroundings.

A play structure installed in the rear of the house and at least 8 feet from the property lines satisfies the location requirement; no separate "out of view" standard applies.

G. Basketball Goals

Approval required

Basketball goals mounted on in-ground poles require submission and written approval. Portable basketball goals do not require approval.

Guidelines

Permanent and portable basketball goals are not permitted along the street right-of-way. Goals must be located on the rear 1/3 of the driveway unless you live in a cul-de-sac, in which case they can be in any part of your driveway. Upon deterioration of the basketball goal, it should be repaired or replaced. Installation of any basketball goal on the front of a garage or structure of the residence is strictly prohibited. Additional lighting on the goal is not permitted.

H. Clotheslines

Approval required

Outdoor clotheslines are prohibited. Using any structures such as fences or the like to dry clothing is prohibited.

I. Awnings

Approval required

Permanent (including retractable) awnings are prohibited.

J. Roofing

Approval required

Roofing materials that will alter the appearance from the shingles originally used by the builder require submission and written approval.

Guidelines

K. Driveways

Approval required

The repair or replacement of a driveway using a material other than concrete requires application and written approval.

Guidelines

Cracked or raised driveways and broken surfaces must be repaired within 90 days of written notice. Driveways may be replaced or repaired using concrete or driveway pavers. A concrete driveway may be replaced with the same style as its original and have framed edges. Driveway pavers may be used as an accent to a concrete driveway. Colors for driveway pavers must be of natural earth tones or natural stone. If the house has brick siding, facing driveway pavers must match the color of the bricks used on the house. Driveways may not be painted or stained.

L. Parking Pads

Approval required

The installation of a parking pad requires application and written approval.

Guidelines

M. Swimming Pools & Hot Tubs

Approval required

The installation of an in-ground pool or in-ground hot tub requires submission and written approval.

Guidelines

Only in-ground pools are permitted. All above ground pools are prohibited. Hot tubs are permitted. Above ground hot tubs are permitted so long as they are installed into a permanent structure that is attached to the residence. The pool, hot tub, or pumps must be screened from any street view and must be landscaped. The pool or hot tub must be installed a minimum of 8 feet from the property lines.

N. Solar Collectors

Approval required

The installation of a solar collector (of any kind) requires submission and written approval, decided under the standards below.

Guidelines

In no way shall these guidelines either waive more stringent City/Town/County requirements or deny City/State/County statutes affirming the rights of homeowners to install alternative energy within subdivision communities. These guidelines do not waive the necessity of any permits.

Tree removal is not permitted to increase solar exposure to the collectors.

V. General Standards

A. Community Parking

Approval required

Temporary extended stay parking at the pool parking lot requires approval from the Board of Directors. Extended parking in the pool lot, other than while using the pool, is prohibited on Memorial Day, July 4th and Labor Day weekends (Friday through Sunday inclusive).

Guidelines

Streets that service our Community are public streets and as such are subject to Town of Fuquay-Varina parking and use regulations.

Additional guidelines

1. Inoperable vehicles must be moved off the street or repaired.
2. Parking on the grass overnight is prohibited. Residents are strongly encouraged to fully utilize driveway parking. This practice increases the safety of all recreational activities on our streets during the night and day and keeps a well-cleared path in the event of an emergency.
3. Residents should not park in a manner that impedes fellow residents from backing out of their driveways.
4. Permanently parking commercially licensed vehicles, trucks, and tractors is prohibited in the pool lot, on common property, or within any right-of-way of any street in, or adjacent to, the Brighton Forest subdivision, as stated in the protective covenants. Approval may be granted for a stated period of up to [30] days, identified in the written approval.

The Board of Directors reserves the right to regulate the parking of all recreational vehicles including, but not limited to: campers, boats, trailers (of any kind). Recreational vehicles and boats are allowed to be parked in a residence's driveway one time within a seven-day period, for no more than 24 hours. Parking on common property is strictly prohibited.

Guest parking and parking for special events in the pool parking lot is managed by the Board of Directors. Submit your dates and expected length of time (hours/days) to the management company. You will be notified in writing if the proposed dates are available and approved.

B. Painting

Approval required

A change of color from the existing color of any part of the house (including doors, shutters, or trim) requires submission and written approval.

Guidelines

Repainting or re-staining with the existing color does not require approval. The approved color palette is attached as Exhibit [A]. Any color in the palette is permitted. A color outside the palette will be approved unless it is demonstrably inconsistent with the palette, and the written decision must identify the inconsistency. Fluorescent and neon finishes are prohibited.

C. Pet Houses

Approval required

Constructed pet houses require submission and written approval.

Guidelines

D. Antennas & Satellite Dishes

Approval required

Guidelines

In no way shall these guidelines waive more stringent City/Town/County requirements nor waive the necessity of any permits.

E. Trash & Recycling Receptacles

Approval required

None

Guidelines

Pursuant to the protective covenants, all trashcans and recycling containers must be stored in a manner that is not visible from the street directly in front of the entryway to the home. Storage of any trade materials or inventories on any lot is strictly prohibited.

VI. Enforcement, Hearings & Fines

VII. Application & Neighbor Notification

Applications are submitted to Brighton Forest Community Association, c/o the management company. Preferred submission is by e-mail to architectureadmin@hrw.net; applications may also be mailed to the management company's address listed on the current application form. The application must include the resident's name, lot number, property address, contact information, a description of the proposed change/addition (with plot plan, sketch or picture, paint chips, size, height, materials, and location as applicable), and estimated construction dates. The resident grants permission to the Architectural Committee to enter the property to consider the request and to inspect during installation and upon completion.

Projects which impact neighbors on both sides (i.e. new fence, front yard landscaping, etc.) require notification of both neighbors.

Projects must be completed within ninety (90) days of the start work date, subject to the variance process in Section I. Failure to adhere to these standards is addressed through the enforcement process in Section VI.

VIII. Exhibits

1. Exhibit [A] — Approved color palette (paint, stain, and finish colors). To be created and attached before adoption; palette-based standards in this document are effective only once the exhibit is attached.
2. Exhibit [B] — Suggested fence styles (photographs carried over from the February 2022 edition).
3. Exhibit [C] — Application for Architectural Review of Proposed Exterior Changes/Additions (current form).