CARMEL BAY HOMEOWNERS ASSOCIATION, INC. FINES & FEES REGULATION Approved April 29, 2018 by CBHOA Board

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1 CARMEL BAY HOMEOWNERS ASSOCIATION, INC. FINES & FEES REGULATION Approved April 29, 2018 by CBHOA Board 1. Purpose. This regulation ( Fines & Fees Regulation ) is developed, in accordance with By-Laws of Carmel Bay Homeowners Association, Inc., sections 2.08 and 8.05, dated 2011, to influence Homeowners into compliance with Carmel Bay Homeowners Association, Inc. s Declaration of Covenants, Conditions and Restrictions on Carmel Bay ( Covenants ), and the 2006 Design Review Board Guidelines Carmel Bay Subdivision ( DRB Guidelines ). For purposes of this Fines & Fees Regulation, references in Paragraph 11 are excerpted from Covenants and/or DRB Guidelines, and amendments thereto; in the event of any conflict between Covenants and/or DRB Guidelines and the Fines & Fees Regulation, the language in the Covenants and DRB Guidelines shall prevail. Excerpted language in Paragraph 11 is included herein only for reader s convenience. 2. Publication. This Fines & Fees Regulation shall be printed and mailed, within 15 days of adoption by Carmel Bay Homeowners Association, Inc. s Board of Directors ( CBHOA Board ), to each Homeowner of record at the address last provided by Homeowner to CBHOA Board, and available upon request from CBHOA Board Secretary. Further, this document shall be published at 3. Amendments. This document may be changed by the CBHOA When material changes are made, the revised document shall be mailed or ed to each Homeowner of record at least 30 days before the effective date of the changes, and published at 4. Causative Action. The CBHOA Board shall be caused to take action, including notification to the Homeowner and the assessment of fines and/or fees under this Fines & Fees Regulation, upon Homeowner s lack of compliance with Covenants or DRB Guidelines according to any of the following events: Visible from public street or common area or lake; Having created or creating fume or smell; Having permitted or permitting objectionable sound; Reported to CBHOA 5. Notification to Homeowner of Fines & Fees. In each case, it shall be the CBHOA Board s objective to resolve the lack of compliance in a manner that attempts to maintain the neighborliness of the residents, the orderly, aesthetic nature of the neighborhood, and its property values: Notification of lack of compliance by CBHOA Board to Homeowner shall be as follows: 5.a. A written notification ( Courtesy Letter ) mailed or ed, requesting correction within 30 days of mailing date of letter; Page 1 of 7

2 5.b. 5.c. 5.d. At least 30 days after Courtesy Letter, a second notification ( Second Notice ) mailed or ed, again requesting correction and informing Homeowner that fines and/or fees may be assessed; At least 30 days after Second Notice, a third notification ( Certified Letter ) mailed via U.S. Postal Service Registered or Certified Mail, with final request for correction and informing Homeowner of the date on which fines and/or fees will be assessed. On or soon after the date identified in Certified Letter, CBHOA Board shall send an invoice to Homeowner. In the event the lack of compliance is not corrected or cured, CBHOA Board shall send an invoice ( Final Invoice ) demanding payment of the entire amount of fines and/or fees. For purposes of illustration, non-compliance notification mailings would be similar to this example: April 23: May 1: June 1: July 1: Lack of compliance observed by or reported to CBHOA Courtesy Letter sent via mail or . Second Notice sent via mail or if lack of compliance continues. Certified Letter sent via USPS registered or certified mail; fines and/or fees shall be assessed no sooner than 30 days after mailing date of Certified Letter. The CBHOA Board Secretary shall send the notices, upon receiving instruction from the CBHOA Board, and provide a copy to CBHOA Board Treasurer. Determination by CBHOA Board of amount of fees and/or fines being or to be assessed shall be final. 6. Notification of Correction, Cure, or Return to Compliance. When Homeowner has corrected or cured the issue cited as being in lack of compliance, Homeowner shall inform CBHOA Board Secretary via or written letter that the matter has been fully resolved and is available for inspection by CBHOA Board representative or its delegate. Until such notification is provided by Homeowner, and received and acknowledged by CBHOA Board Secretary, the issue shall be considered open and non-compliant, and assessment of fines and/or fees, and collection thereof, will continue. Such acknowledgment will not be willfully withheld. 7. Collection. Homeowners are hereby notified that CBHOA Board is entitled and empowered to collect fines and/or fees via any commercially acceptable means, such as mailed invoices, obtainment of lawsuit and/or judgment in a jurisdictional court of law in Tuscaloosa County, Alabama, placement of recorded liens on Homeowner s property, garnishment of wage, and/or any remedy permitted by law. Any and all related costs of collection shall by Homeowner, including, but not limited to, any professional retainers, fees or commissions paid by CBHOA Board to third parties. All collection costs shall be invoiced to Homeowner after such time (usually, but not limited to, 30 days) when the cost becomes an incurred, impending or known expense of Page 2 of 7

3 CBHOA. Unless other arrangements made with third-party collector, all payments shall be made payable to Carmel Bay Homeowners Association, Inc., and mailed or delivered to the current Treasurer. 8. Conformance with Laws, Regulations and Ordinances. This Regulation is not intended to supersede or conflict with any local, county, municipal, state or U.S.-approved law, regulation or ordinance, except to the extent allowed by law. 9. Definitions. Except as and in addition to otherwise noted herein: DRB shall mean and refer to the Carmel Bay Homeowners Association, Inc. s Design Review CBHOA shall mean and refer to the Carmel Bay Homeowners Association, Inc. 10. Enforcement and Intent. It shall be the intent of this Fines & Fees Regulation and the CHBOA Board to impose and enforce only lawful rules and regulations. Invalidation of any of these provisions by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 11. Fines & Fees Assessment Amounts. Reference: Comment: Amount: Declaration of Covenants, Conditions and Restrictions on Carmel Bay Section 1: No lot shall be used for any purpose except residential purposes. Section 2: Only dwellings approved by DRB shall be erected, altered, placed, or permitted on any lot. No improvement may be constructed without the express written consent of the DRB. Also included: Sections 2a, 2b, 2c, and 2d. Up to Section 3: No residence constructed on any remaining lot in Carmel Bay may be constructed with less than 3,000 square feet of floor space, not counting porches, breezeways, carports, or garages. Section 4. No building may be located on any lot nearer to the front line than the minimum building setback line shown on the recorded plats of said subdivision. In addition, the DRB may require a greater setback on certain lots in Carmel Bay. Section 5. The location and dimensions for all clearing for and the actual location of the building and any other structures on each lot shall be subject to the prior written consent of DRB. Section 6. No healthy dogwood trees, except those on the building site itself, may be cut or destroyed without the prior written consent of the DRB. Intended to address clearing, clear-cutting, and landscaping. $100 per tree Page 3 of 7

4 Section 7. Any homesite, proposed to be altered from its natural state, shall be landscaped according to plans approved by the DRB. All shrubs, grass, and plantings of every kind shall be kept well maintained, property cultivated, and kept free of trash and other unsightly material. Section 8. No new antenna for transmission or reception of television signals or any other form of electromagnetic radiation shall be erected, used or maintained where visible from any adjoining lots, Lake Tuscaloosa, or the streets in the subdivision, unless approved by the DRB. Section 9. All exterior lighting shall be consistent with the character established in the subdivision and be limited to the minimum necessary for safety, identification, and decoration. Exterior lighting of buildings for security and/or decoration shall be limited to uplighting or downlighting, and the style and type of lighting shall be compatible with the building design and materials. No color lens or lamps are allowed. The DRB may require lot owners to provide street lighting at or near the driveway or mailbox of their respective lots in the subdivision and such lighting may be required by the Board to be illuminated by those lot owners during certain time periods and well maintained. Section 10. No drainage ditches, cuts, swales, streams, impoundments, ponds, or lakes; no mounds, knolls, dams, or hills; and no other physical improvements or elements of the landscape or terrain which control or determine the location or flow of surface water and drainage patterns may be created, destroyed, altered, or modified without the prior consent of the DRB, whether on private property or on common area. Section 11. No bird baths, frog ponds, flag poles, lawn sculpture, artificial plants, birdhouses, rock gardens or similar types of accessories and lawn furnishings are permitted on any lot without prior written approval of the DRB. Section 12. All basketball backboards and any other fixed and play structures are subject to approval by the DRB and shall be located at the side or rear of the building. Tree houses or platforms of a like kind or nature shall not be constructed unless approved by the DRB. Section 13. No signs whatsoever (including, but not limited to, commercial, political, and similar signs) may A diseased tree may/should be removed or treated; no CBHOA Board fine or fee applies. Lamp posts must be of the type and model specified in DRB Guidelines. Small signs announcing use of Page 4 of 7

5 be erected and maintained on the homesite, except such signs as may be required by law and such signs as may be approved by DRB. Section 14. The design of the mailbox stands or mailbox structures must be approved by DRB. Section 15. All fences and walls must be approved by the DRB. It is the intent of these covenants that fences and walls be conducive to the overall theme of the subdivision and that they be severely limited. Chain link, wood, or wire fences will not generally be allowed and must be approved in advance, in writing, by the DRB. Section 16. With the noted exception below, no lot shall be split, divided, or subdivided except to increase the size of adjoining lots, and when this occurs, the side lines shall be the extreme side lines of the combined lots. It is noted that Lots 35 and 36 of Carmel Bay shall be allowed to be subdivided from two (2) to three (3) lots to be designated as Lots 35, 35A and 36. Section 17. No structure of a temporary nature, trailer, tent, shack, barn, or other outbuilding shall be used on any lot at any time. Section 18. No noxious or offensive activity may be carried on upon any lot, nor may anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Section 19. No animals, livestock, or poultry of any kind may be raised, bred, or kept on any lot, except that dogs, cats, or other household pets may be kept, provided that they are not kept, bred, or maintained for any commercial purpose. Section 20. No lot may be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste may not be kept except in sanitary containers. All incinerators or other equipment for disposal of such material must be kept in clean and sanitary condition. home security systems, and for sale signs, are not the target of this provision. Mailbox must be of the type and model in DRB Guidelines, and must be installed. Homeowners are advised to contact local law enforcement when illegal activity occurs. Maintenance: Installation: Page 5 of 7

6 Section 21. No inoperable vehicle, boat, boat trailer, horse trailer, camper, motor home, motorcycle, or other similar recreational item shall be stored on any lot for a period in excess of 72 hours unless housed in a garage or unless adequately screened from public view in some other manner approved in advance, in writing, by the DRB. Section 22. No commercial vehicle or equipment shall be stored at any place on any lot within public view. Section 23. The common areas shall include the areas designated on the plat together with any other areas designated by the CBHOA. No portion of a subdivided lot shall be designated as a common area without the written approval of the owner of such lot. The initial common areas shall include all such areas designated on the plat, together with the ponds, the open spaces, the entrance, and the area in the southwest corner of the subdivision comprising the location of the boat launch, boat slips, and proposed gaming activities. Access to Lake Tuscaloosa from the lake frontage lots numbered 26 through 51 shall be by approval of the DRB and shall generally be established for each such lot by extending the lot lines to the water pool of Lake Tuscaloosa. Lots 1 through 25 and 52 through 59 shall not have Lake Tuscaloosa access except through the common area. Lot 31 shall have access to and exclusive use of the protruding point of land being the western boundary of the inlet or slough adjacent to and in front of Lots 31 through 34. All disputes regarding access to Lake Tuscaloosa and use of the areas between the lot lines and normal water pool of the Lake shall be resolved by the DRB which decision shall be final. Section 24. Each lot owner shall have the nonexclusive right to use all common areas (except boat slips) or rights of ingress and egress as may be established by the CBHOA, Inc., upon such terms and conditions as set forth. No lot owner shall cause or allow to be caused any damage or waste in such common areas. The boat slips in the common area on Lake Tuscaloosa shall be assigned to owners of offwater (i.e., interior) lots in the subdivision by the Homeowners Association. Such assignment shall be on a first-come, first-served basis. The rules, regulations, and fees for the boat slips shall be established by the Carmel Bay Homeowners Association. Other Areas of Non-Compliance Refers to damage to structure or landscaping; does not refer to loosened decking, loosened cleats, etc., based on normal wear and tear. $1,000 maximum Cost of commercial repair, clean-up, or maintenance. Page 6 of 7

7 Any other issue or matter of non-compliance not specifically addressed herein but included in DRB Guidelines or Covenants Trash receptacle viewable from street, other than days on which trash is collected by trash service Late payment of annual dues or assessment Discretion of CBHOA Board, by majority vote Trash receptacles obscurely placed near building are not the target of this provision; neither are occasional incidences due to owner s absence or oversight. Delinquency date to be listed on invoice. Marina boat slip rental fees for any portion of billing Due in July year (June May) Returned Check/Payment Fee $35 Discretion of CBHOA Board, by majority vote $5 per day $120 maximum $10 per month or any portion of month after delinquency date $180 per year -end- Page 7 of 7

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