The architect or other design professional selected by an Owner to design any Improvements to be constructed on a Lot must be approved by the Architectural Review Board (ARB), in its sole discretion. Approval by the ARB of an architect or other design professional is not meant as an endorsement of that architect’s or design professional’s ability and shall not be the basis for asserting any liability on the part of the ARB. Terre Sainte and the ARB will not be held responsible for an Owner’s design costs incurred due to the use of an unapproved Architect or design professional.
The Contractor selected by an Owner to construct Improvements on a Lot must be approved by the Architectural Review Board (ARB), in its sole discretion. Any approval by the ARB of a contractor is not meant as an endorsement of that contractor’s ability and shall not be the basis for any liability on the part of the ARB. The ARB may approve self-contracting by the Owner on a case by case basis. Owners shall comply with all other ARB guidelines.
The list of approved architects, other design professionals and contractors shall be maintained by the Terre Sainte Homeowners Association in the registered office of the Association and those lists shall be available for review by Owners during regular business hours of the Association.
Should an Owner desire to have a Building or other Improvements constructed on a Lot by a contractor who is not approved by the Architectural Review Board, or to have a Building or other Improvements to a Lot designed by an architect or other design professional who is not approved by the Architectural Review Board, the said Owner shall submit to the Architectural Review Board such information as may be requested by the Architectural Review Board which information may include, without limitation thereto, the following: (a) name and address; (b) a listing of other Buildings or similar types of Improvements constructed or designed, as the case may be, by the proposed contractor or design professional, together with photographs of such Buildings or similar types of Improvements; (c) a listing of references who may be called to discuss the quality, effectiveness, thoroughness and other aspects of services to be provided by the proposed contractor or design professional; (d) evidence of insurance; (e) evidence of ability to obtain payment and performance bonds, or other evidence of net worth and liquidity; (f) other evidence of ability, as to a contractor, to build a Building or other Improvements in a timely manner, in accordance with plans and specification; and (g) other evidence, as to an Architect or design professional, of ability to design and provide specifications for a Building or other Improvements which would be consistent with the requirements of this Declaration, the Architectural Guidelines and the Landscape Guidelines. No verbal approvals will be provided or accepted.
All construction or modification (except interior alterations not affecting the external structure or appearance of any Building) on any Lot or Commons must be approved in advance by both the Architectural Review Board and the Declarant. Modifications subject to review specifically include, but are not limited to, painting or other alteration of a Building (including doors, windows and trim); replacement of a roof or other parts of a building other than with duplicates of the original material; installation of antennae, satellite dishes or receivers, solar panels or other devices; construction of fountains, swimming pools, whirlpools or other pools; construction of privacy walls or other fences or gates; addition of awnings, flower boxes, shelves, statues, or other outdoor ornamentation; window coverings; any individual wells or septic tanks; and any material alteration of the landscaping or topography of Terre Sainte, including without limitation any removal or substantial pruning of trees or plants. The listing of a category does not imply that such construction is permitted; this Declaration may, for example, prohibit all antennae, satellite dishes or receivers, in which event, such a prohibition shall control.
To facilitate the review and approval process, the following flowchart and forms are available in the office of the Association during normal business hours. Click on the following links to download the forms:
1. Initial Meeting (Optional). A representative of the Terre Sainte Architectural Review Board is available to meet with the Owner and/or their Architect/Designer to review the Architectural Guidelines and expectations of the neighborhood and the ARB
2. Conceptual Design Submittal. At the onset of design, a conceptual design by an approved Architect/Designer and Form A shall be submitted (electronically) to the ARB for review and approval to alleviate any confusion of a party’s interpretation of the Architectural Guidelines. The ARB shall provide approval/comments of conceptual design submittal within 10 business days of receipt. Non-approved designs require re-submittal. Conceptual design submittal must include, but is not limited to, the following:
(a) Drawings or photographs that represent the selected style and general massing.
(b) Conceptual site plan indicating house, garage, accessory structure and driveway locations.
3. Preliminary Design Submittal. Before plans are finalized, a preliminary design and Form B shall be submitted (electronically) to the ARB for review and approval and the $450.00 nonrefundable architectural review fee shall be submitted. The ARB reserves the right to request additional drawings if the level of detail required to be depicted is not adequately indicated within the submitted documents. The ARB shall provide approval/comments of preliminary design submittal within 10 business days of receipt. Non-approved designs require re-submittal. Preliminary design submittal must include, but is not limited to, the following:
(a) Site/roof plan, at a minimum scale of 1/16”=1’-0”, indicating main and accessory building footprints and roof lines, setbacks, property lines, exterior equipment, driveway, sidewalk, fences and garden walls.
(b) Floor plans at a minimum scale of 1/8” = 1’-0”, showing room labels, overall dimensions, and square footages.
(c) Exterior elevations of all sides at a minimum scale of 1/8” = 1’-0”, indicating proposed materials and heights
4. Final Design Submittal. After review and receipt of the Architectural Review Board’s written approval of the Preliminary Design submittals, the final design and Form C shall be submitted (electronically) to the ARB for review and approval. The Architectural Review Board may require the submission of additional information as it deems necessary. The ARB shall provide approval/comments of final design submittal within 10 business days of receipt. Non-approved designs require re-submittal. Final design submittal must include, but is not limited to, the following.
(a) Site/roof plan, at a minimum scale of 1/8”=1’-0”, indicating water, electric and gas service and sewer location in addition to all items in the preliminary design submittal.
(b) Floor plans at a minimum of 1/4” = 1’-0” indicating all dimensions, labels, and square footages.
(c) Exterior elevations, at a minimum scale of 1/8”=1’-0”, indicating proposed materials, heights, and floor elevations.
(d) Typical sections and details indicating proposed materials, heights, and floor elevations. A section through the porch is required showing relationship of foundation/column/beam/eave, including section through guardrail, if applicable.
(e) Structural foundation/framing plans
(f) Electrical plans
(g) Landscape plan showing all hardscape, plant materials, plant beds, irrigation, drainage and lighting as required by the Landscape Guidelines. All plants must be labeled by size and species.
(h) All other drawings, details and specifications that are a part of the final construction documents.
(i) Photographs/product data sheets of items listed on Form C
(j) Construction timeline
5. Construction Application. Upon review and receipt of the Architectural Review Board’s written approval of the final design submittal, a construction application (Form D) and $1000 Construction Deposit shall be submitted to begin construction. The Architectural Review Board shall have the right to require the Owner to increase the amount of the Construction Deposit at any time such Construction Deposit has been depleted by prior violations during construction. The ARB shall approve self-contracting by the Owner on a case by case basis. Self-contracting Owners shall submit an additional $1500 non-refundable fee. If construction does not commence on any Work for which approval has been granted within six (6) months of final design approval, the approval shall expire and final design shall be re-submitted prior to commencing Work.
6. Design Change Application. Should the Owner or Contractor/Builder wish to make a change in the design originally approved by the ARB, Form E detailing such change and the $100.00 nonrefundable change review fee shall be submitted to the ARB for review and approval. The ARB shall provide approval/comments of design change submittal within 10 business days of receipt.
7. Final Inspection Application. All Work shall be completed within twentyfour (24) months of commencement or such other period as may be specified in the notice of approval, unless completion is delayed due to causes beyond the reasonable control of the Owner, such as an event of force majeure, hurricane, act of God, fire, explosion, extraordinary flood or similar occurrence (but not including reasonably foreseeable weather conditions). If all such Work is not Substantially Complete (a Certificate of Occupancy issued by the City of Lake Charles) within twenty-four (24) months, the Owner shall pay to the Association the sum of $100.00 per day for each day which improvements remain uncompleted until the date of Substantial Completion. Upon completion of the construction of the project and receipt of a Certificate of Occupancy from the City of Lake Charles, the Owner shall submit the final inspection application (Form F). An inspection of the project shall be made by a representative of the ARB within 10 business days of receipt. If no violations or damage occur (or if no deductions for such damage are made from the Construction Deposit by the Architectural Review Board or the Association), the Construction Deposit will be refunded in full to the Owner upon satisfactory completion of the project on the Lot in accordance with the approved design submittals. To the extent any of the Construction Deposit was spent for correction of any violations or damage, any balance will be refunded to the original submitter of the Construction Deposit after the satisfactory completion of the project
Applications shall be approved or denied based upon compliance with the factors identified in Section 7.2. The Architectural Guidelines and the Landscape Guidelines each provide many, but not all, factors to be considered by the Architectural Review Board in reviewing applications. Each Owner agrees and acknowledges that the Architectural Guidelines and the Landscape Guidelines are not a complete listing and that in reviewing applications the Architectural Review Board may consider such other factors as the Architectural Review Board may in its sole discretion deem appropriate. In addition to compliance with this Declaration, the Architectural Guidelines and the Landscape Guidelines, the additional factors to be considered by the Architectural Review Board in reviewing plans and specifications submitted to it shall be: (a) the quality of workmanship and material; (b) the architectural style or design; (c) the aesthetic appearance of the exterior of the Improvements; (d) conformity with good aesthetic design practices; (e) the quality and size of the proposed Improvements; (f) the good aesthetic use of materials, color and location in relation to surrounding structures and topography; (g) harmony of design with existing Buildings and other Improvements; (h) avoidance of duplication of or repetitive designs for Buildings and other Improvements, and (i) whether the design or design components are historically accurate.
The Architectural Review Board shall notify the applicant of its decision within the time limits established pursuant to the procedures adopted under Subpart B or C of this Section 7.2. If approval is given or deemed to be given, construction of the Improvements may begin. All construction must comply with the plans and specifications approved by the Architectural Review Board. The Architectural Review Board may impose conditions for the placement of dumpsters, pods, materials or equipment, including vehicles used during construction. Both Declarant and the Architectural Review Board reserve the right to inspect the Work being performed on any Lot and to require changes, accept with conditions or accept any Work that it deems not to be in compliance with the approved plans and specifications.
If any construction is begun which has not been approved or which deviates from the approved plans, the Architectural Review Board, Declarant, or the Association may bring an action for specific performance, declaratory judgment or injunction and shall be entitled to recover its actual attorney’s fees in bringing such action.
The Architectural Review Board or the Declarant shall have the right and power to grant variances from compliance with any provision of this Declaration or any provision in the Architectural Guidelines or in the Landscape Guidelines, including without limitation, payment of fees, the approval of different building typologies than, or variances from, the building typologies identified in the Architectural Guidelines, as well as requirements regarding height and use, placement/parking and encroachments, with respect to any Lot. Any building restrictions, including without limitation those addressing the face direction, location, setbacks or materials for Buildings or other Improvements, may be modified when, in the sole and absolute discretion of the Architectural Review Board, circumstances such as topography, natural obstructions, hardship, or aesthetic, economic or environmental considerations, warrant a variance. All variances must be evidenced in writing from the Architectural Review Board in order to have legal effect.
If a variance is granted, no violation of this Declaration, the Architectural Guidelines or the Landscape Guidelines, shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of any variance shall not operate to waive any of the terms and provisions of this Declaration for any purposes except as to the particular instance covered by the variance, and in no case shall the granting of a variance in one instance obligate the Architectural Review Board to grant a variance in another instance.
The Architectural Review Board may, subject to any applicable zoning, revise any part of the Architectural Guidelines and/or the Landscape Guidelines, and supplement both or either of the Architectural Guidelines and the Landscape Guidelines, from time to time for any of the following reasons:
1. To make changes which the Architectural Review Board believes will better accomplish the objectives set forth in this Declaration.
2. To adjust for market conditions so as to improve the value of all or some of the Lots;
3. To recognize changing land use conditions over time, both from within and outside Terre Sainte; or
4. To establish the plan for the development of additional immovable property annexed to, and included and incorporated within, Terre Sainte pursuant to a Supplement Declaration, which plan shall be implemented through the regulation of land use, architecture, environment and landscaping with said additional immovable property.
While Declarant owns at least three (3) Lots or holds any property within Terre Sainte for sale in the normal course of business, no change may be made to the Architectural Guidelines or to the Landscape Guidelines without the express written consent of Declarant. On request of the Architectural Review Board, the Association Board shall, without the consent of the Association Members, file any amendments to this Declaration at any time which add to, change or otherwise modify the Architectural Guidelines and/or the Landscape Guidelines. Modifications and changes to the Architectural Guidelines and/or the Landscape Guidelines shall not affect or bear on the construction of Buildings within Terre Sainte to the extent such Buildings have been constructed prior to the adoption of such modification or other amendment to the Architectural Guidelines or the Landscape Guidelines; but such modifications and changes shall be effective with respect to any alterations or other additions to Buildings constructed after the date of such amendments or modifications to the Architectural Guidelines and/or the Landscape Guidelines. Declarant and the Association, whenever filing Supplemental Declarations pursuant to Section 2.2, may and are expected to file supplements to the Architectural Guidelines and/or the Landscape Guidelines which will contain specific requirements for the property added to Terre Sainte pursuant to any such Supplemental Declaration, including without limitation thereto, in the filing party’s sole discretion, additional designations of Lot Types, additional Architectural Typologies authorized for each new Lot Type within the new phase, architectural characteristics and historical details for each such additional Architectural Typology, and such further requirements and restrictions with respect to construction on Lots as are contained in the Architectural Guidelines and/or the Landscape Guidelines as filed originally with this Declaration.
The Architectural Guidelines and the Landscape Guidelines, together with all changes to same adopted by the Architectural Review Board, shall be available for review in the registered office of the Association during normal business hours. Any Owner wishing to have a copy of the Architectural Guidelines and/or the Landscape Guidelines, together with all changes to same adopted by the Architectural Review Board, shall pay the cost of reproducing same to the Association which shall be calculated on the basis of $.50 per page; provided, however, there shall be no charge for the first copy of said Architectural Guidelines or the first copy of the Landscape Guidelines with respect to each Lot.