INTRODUCTION

      The Blackhawk Homeowners Association is charged with enforcing Section 5.16 of the Covenants, Conditions and Restrictions (CC&R’s) for Blackhawk, which regulate signs to “be displayed to the public view from any portion of the Blackhawk Development,” which includes residential lots with limited exceptions (Appendix 1).

      A major purpose of this policy is to establish uniform standards for real estate signs (Appendix 2). Though the Architectural Review Committee must approve such signs, the Committee has agreed that signs which meet these uniform standards may be erected without individual approval. If a real estate sign does not meet the standards of this policy, it is necessary to submit an application to the Committee.

      The Association and the Architectural Review Committee reserve the right, in its sole discretion, to amend this policy without prior notice.

RESPONSIBILITY

      It is the responsibility of the property owner to comply with the policy. It is not the sign that is the target of the enforcement but the non-compliant property owner. All required enforcement of signs will be directed first and foremost at the property owner and only secondarily against the owner of the sign (agent, construction company).

TYPE OF SIGNS

  1.    “Presented By” signs: Presentation signs are those signs temporarily but securely embedded in the ground within a subject property with the intention of designating the real estate sales broker presenting the subject property for sale or designating the home as “For Sale by Owner.”

In order for this sign to be installed, the property must be actively listed for sale. Presentation signs may be displayed only when and so long as the subject project is for sale and must be removed within five days of completed escrow or immediately upon withdrawal from active listing status.

  •    “Open House” signs: Only one freestanding A-Frame sign per legally subdivided lot is allowed to be placed on the lot during the Open House hours between 1 p.m. to 5 p.m. Saturday and/or Sunday or during designated brokers’ tour days. Such a sign may not be permanently located on the property and must be removed daily. No directional signs are allowed in the community.
  •    “Construction By” signs: No construction signs (new construction or remodeling) allowed in the community.

d.   Alarm company signs

e.   Any other signs must be submitted to the Architectural Review Committee for review. Contractor signs are not allowed in this community.

LOCATION

      All permitted signs should be placed within the individual private properties at least 5 feet from the curb. The curb is not the property line. While the property owner landscapes and maintains the portion of the Association common area at the front of the lot, the land belongs to the Association. The depth of this area varies between 5 to 10 feet.

a.   Presented By: One “For Sale” or “For Rent” presentation sign shall be allowed in the front portion of each legally subdivided lot within the subject property line and not to encroach on the Association property. No signs are allowed in the back or side yards facing the streets or the golf course.

Homes situated without frontage on a standard curbed roadway shall be allowed to place one presentation sign pursuant to the above restriction adjacent to the point at which the private driveway connects with the roadway.

b.   Open House. One “Open House” sign shall be allowed in the front portion of each legally subdivided lot within the subject property line and not to encroach on the Association property. No signs are allowed in the back or side yards facing the streets or the golf course.

Homes situated without frontage on a standard curbed roadway shall be allowed to place one A-Frame sign pursuant to the above restrictions adjacent to the point at which the private driveway connects with the roadway.

A-Frames are not allowed within the right-of-way of public roads adjacent to Blackhawk. This policy is in compliance with the sign ordinance of Contra Costa County.

      No separate, directional signs.

c.   Alarm Company: One sign is allowed in the front of a home.

MATERIALS

      Any customary durable material, i.e., wood, Masonite, plywood, etc., is acceptable. Legs and supporting structures of all signs must be painted in Blackhawk dark green PMS 3435 (color number may change, but color is to remain the dark green, consult professional). The background and posts, and backs of the “presented by” signs shall be painted in a low-sheen PMS green 3435 paint (color number may change, but color is to remain the dark green, consult professional). Copy and borders shall be painted in white enamel paint.

SIZE

a.   Presented By: The primary sign itself shall be approximately 36 inches in width and 11 and a quarter inches tall, not to exceed 40 inches in width and 13 inches in height.

Such signs shall be of standard construction featuring two wooden posts customarily standing 40″ above the ground but not to exceed 50″ and not to stand less than 30 inches above ground level.

Such posts must be embedded at least 20 inches in the ground. The posts will be approximately 3-4 inches square and may have 3/4 inch dado cut grooves and 45○ beveled tops. The posts shall be approximately 24 and a half inches apart from the center point of each post.

b.   Open House A-Frames: All freestanding A-Frame signs must be the customary “A-Frame” type, 3 feet wide and 2 feet tall, and not to exceed 6 square feet in surface area.  An A-Frame may not exceed 3 feet in height, including legs, and must comply with the color regulations cited below.

c.   “Construction By” Signs: Not allowed in the community.

d.   Alarm Company Signs: Alarm Company signs must be no larger than 8 inches by 12 inches and must be placed no farther out than 18 inches in the front of the main walls of the residence.

COLOR

      All permitted signs should be painted or silk-screened in only 2 colors. The colors shall be PMS dark green 3435 and white. The background color (more than 50% surface coverage) shall be the Blackhawk dark green PMS3435 (color number may change, but the color is to remain the Blackhawk dark green, consult professional). The lettering or logos shall be PMS white. Alarm company signs are exempt from the color requirement.

TYPEFACES

      Any tasteful customary typeface style or logo shall be allowed. Alarm company signs are exempt from this typeface requirement.

COPY

      Customary copy relating to homes open, for sale, or for lease, and only the name of the brokerage or “For Sale By Owner” may appear on the sign. Specific sale prices, rental rates, financing rates, or the like are specifically prohibited.  No advertisement or descriptive wording is permitted on residential property signage.

RIDERS

(attached to “Presented By” signs only)

Size: Riders of customary durable material may be attached under the primary sign in the customary size of 18 inches wide by 5 and a half inches deep for each rider. In any case, riders may not descend closer than 5 inches from ground level.

Number of Riders: The number of riders shall not exceed three but maybe fewer.

Copy: Riders are intended to display such information as the selling agent’s name, telephone number, website and/or e-mail, and the fact that the property may be sold. The use of specific price/financing information is expressly prohibited, as is any wording that can be perceived as advertising or slogans.

How to attach: Riders shall be attached by eyelet screws substantial enough to prevent detachment by wind or other means.

ENFORCEMENT

      The Blackhawk Homeowners Association or the designated representative will be responsible for enforcing this sign policy and handling all complaints. The privacy officers will pick up and remove any signs within the Association’s property in violation of this policy and store them for no more than 10 days. The signs will be discarded after 10 days.

      County Public Works will enforce the ordinance on public roadways. County ordinances prohibit the placement of signs in the right-of-way without a permit.  (The right-of-way is wider than the paved road.) Once a complaint is received, County Public Works is requested to remove the offending signs immediately.

      The branch of the realty company from which the realtor is affiliated and owners of properties with such illegal signs are disqualified from participating and publishing their houses on the Association’s weekly Open House list.

BROCHURE/FLYER HOLDER

Brochure holders can be installed on the real estate signs. See Appendix 3. These holders should:

      1.   Be painted either white or Blackhawk dark green, PMS 3435 (color number may change, but the color is to remain the Blackhawk dark green, consult professional).

      2.   Be approximately 10 inches by 12 inches, made to hold 8 1/2×11-inch fliers vertically.

      3.   Have a closing lid to keep wind and rain out and the fliers in.

      4.   Have a clear front to show if there are brochures in the box.

      5.   Be mounted on either front or side of a 4×4 post of the sign.

Appendix 1: Section 5.16 of Governing CC&R’s

Appendix 2: Diagram of Double-Faced A-Frame and “Presented By” Signs with rider boards

Appendix 3: Diagram of Sign Post Holder

Board Approved at the September 26, 2006, Meeting of the Board of Directors

APPENDIX 1

Section 5.16 of Governing CC&R’s

5.16    Signs. No sign of any kind shall be displayed to the public view from any portion of the Blackhawk Development except that this limitation shall not apply to:

  1.    Signs required by legal proceedings;
    1.    Signs which, by law, cannot be prohibited;
    2.    A single sign of customary and reasonable dimension and design, complying with the provisions of any applicable ordinance and the Rules and reasonably located on a Lot advertising a Lot for sale or rent;
    3.    A single identification sign which has been approved by the Architectural Review Committee located on a Lot identifying the number or address of the Lot and/or the names of the occupants;
    4.    Signs approved by the Association located at or near any entrance to the Blackhawk Development identifying the Blackhawk Development;
    5.     Signs required for traffic control and regulation of streets or open areas within the Blackhawk Development; and
    6.    Signs on the Common Area as approved by the Board for a purpose reasonably related to the affairs of the Association.

REALTOR SIGNS EXHIBIT A

“PRESENTED BY” SIGNS WITH RIDER BOARDS

SPECIFICATIONS

• Redwood face/background sandblasted ½” deep
• (2) 5′ 4×4 douglas fir posts with dado cut groove and 45″ beveled top
• Optional rider Boards -2 x 5½ x 18 KD redwood backgrounds sandblasted ½” deep
• All sandblasted areas, posts, returns, and backs latex standard PMS green 335
• All copy and borders white enamel dado ½” into posts to accept main face

REALTOR SIGNS EXHIBIT B

DOUBLE FACED A-FRAME

SPECIFICATIONS
Of edit A-Frame legs and top bars 1 x 2 pine
Faces 1/S”double-face Masonite 2 (2) butt hinge attachments at top Paint both faces Masonite enamel PMS Green 33
Legs and frame latex semi-gloss PMS Green 335
All copy and boarders white
(Signs to be Green with White Letters)