LOCH LLOYD HOMES ASSOCIATION RULES AND REGULATIONS

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1 LOCH LLOYD HOMES ASSOCIATION RULES AND REGULATIONS Updated May 21,

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3 Loch Lloyd Homes Association Rules & Regulations Contents 1.0 Introduction Design, Construction and Modifications Landscaping Lake Buffer Zone Utility Easement Residential Irrigation Animal Control Use of Streets Parking Garage Doors Basketball Goals Swimming Pools Club s Golf Course, Practice Facilities, Tennis Courts, Swimming Pool & Village Green Association s Amenities General Amenity Restriction Boats Marinas Lake Swimming and Beach Recreation Area Fishing Lake Shore Fireworks Firearms Nuisance, Complaints, and Concerns Enforcement Remedies Mailbox Replacement Policy Leasing Resolution Leasing Home Rental Application Zebra and Quagga Mussels and Other Invasive Species 22 Fee Schedule..23 3

4 1.0 Introduction: Pursuant to the powers granted to Loch Lloyd Homes Association, Inc. (the Association ) by the Association s Articles of Incorporation, the Declaration of Covenants, Conditions, and Restrictions ( CC&R s ) and the Association s Bylaws, the following rules and regulations have been adopted by resolution of the Association s Board of Directors and apply to all Association members. These rules and regulations supplement those in the CC&R s and the Association s Bylaws, and some of the rules are restatements from the CC&R s for emphasis. Exceptions to several of these rules may not be granted under any circumstances; and exceptions to others require documented justification by the resident and approval by the Association s Board of Directors. Homes Association Board of Directors has the right to levy fines and demand payment of fines for infractions. If necessary, the Homes Association Board of Directors will place a lien on the property, or may seek other remedies at law or equity. 2.0 Design, Construction and Modifications: The exteriors of all new property at Loch Lloyd are under the purview of the Design Review Committee (DRC). That is, property owners must obtain the DRC s prior written approval for home siting, elevations, roof, exterior construction material, colors, and designs, plus all landscaping, mailboxes, and any other feature on the property that will be visible from outside of the home itself. Changes made to home exteriors or existing landscaping must also receive prior to construction, documented Architectural Review Committee (ARC) approval. The Homes Association retains rights and privileges to fine homeowner for non-compliance in this regard. There are no exceptions permitted under this rule. 3.0 Landscaping: All landscaping at Loch Lloyd must blend with the natural beauty of the development in the judgment of the DRC or ARC. It is the development philosophy that the natural state of the forested areas be retained and if necessary in the judgment of the DRC or ARC, forests affected by building/construction or natural destruction, be replaced by the homeowner or builder. 3.1 Maximum Landscaping Height Within 12 of Curb: All landscaping, except trees, including but not limited to flowers, shrubs and ornamentation, placed within twelve feet of the curb shall be thirty inches (30 ) in height or less. The intent is to improve visibility and sight line for drivers in an effort to prevent traffic and pedestrian accidents. Decorative rocks and boulders are also permitted in either Sandstone Premium or Sandstone Weathered. 4.0 Lake Buffer Zone: A zone that extends 25 feet from the shoreline of the lake (50 feet where there is a nature trail) shall be maintained as a buffer zone. In some cases, the buffer zone extends into the property of homeowners. This zone shall be left in its natural state. However, if a homeowner desires to thin and/or trim trees, they need to submit a forestry plan to the ARC by a licensed forester or certified industry expert. The plan would need to specify which trees to be trimmed and/or removed and any new plantings. The plan needs to support the natural density of the area and encourage sunlight for native vegetation and shrubs. If the natural state fails to adequately continue the buffer zone in the judgment of the ARC, the property owner shall install such plantings as deemed necessary by the ARC to establish the buffer zone insuring a margin around the lake that prevents the appearance of private property intruding directly to the shoreline 4

5 and breaking the continuity of the buffer zone. Property owners are required to plant ground cover within the Buffer Zone where necessary to prevent soil erosion and silt flow into the lake. 5.0 Utility Easement: The Homes Association has a utility easement which runs 30 feet in either direction from the center line of the road into each lot. It is the homeowners responsibility to maintain this property. The Homes Association will be responsible for removal, planting and trimming of trees in this zone. 5.1 Markers, cones, flags, rocks and boulders- The use of cones, markers or flags are not permitted. The Homes Association will allow decorative rocks or boulder in either Sandstone Premium or Sandstone Weathered. The Homes Association will be responsible for installing snow stakes prior to each storm. The snow contractor will install and remove stakes before and after each storm. 6.0 Residential Irrigation: Irrigation of residential property with lake water is prohibited. 7.0 Animal Control: 7.1 The maximum number of dogs or cats that may be kept as household pets is two each at any residence. Members who may have household pets other than dogs or cats whose escape from the home could present a nuisance or a menace to others shall apply to the Board for approval of the pet before bringing it onto the premises. The Association is not concerned with approval of other household pets not likely to be outside the home, such as fish or (caged) birds. 7.2 Owners shall not permit dogs or cats to run loose. Pets must be constrained within the owner s property. (Association encourages the use of in-ground electrical systems that restrict the movements of outdoor pets). Away from the owner s property dogs must be on a leash, except in designated off-leash areas. (The Off Leash area is on the north side of the road (Loch Lloyd Parkway) that crosses the dam, all the way down to the golf course pond. The lake water is considered an Off Leash area.) Owners shall not permit dogs or cats uninvited onto any other homeowner s property, nor on any portion of Loch Lloyd Country Club property including the golf course. Any pet (dog) that exhibits aggressive behavior toward residents or other pets (dogs) will not be tolerated or permitted. Outside of the owner s property, the pets are permitted only on the Association s common areas. With the exception of pets in designated off-leash areas, off-leash pets are subject to being picked-up by the Association s Security or Maintenance officials and removed to the appropriate agency or pound. The owner shall be responsible for all costs associated with recovering the animal from such agency. 7.3 Owners shall not permit their dogs or cats to become a noise nuisance outside. Dogs left outside to bark, or cats to caterwaul can become a major annoyance in a very short period. This denies neighbors their right to peaceful enjoyment of their property and shall not be permitted. 5

6 7.4 Homeowners who walk their dogs are required to remove the feces placed there by their pet in order to maintain the ground in sanitary conditions for all residents. 8.0 Use of Streets: 8.1 Motorized vehicles using the private streets of Loch Lloyd are limited to those licensed for use on public roads and operated by licensed drivers with two exceptions: (1) golf carts operated by licensed drivers provided such carts that are not properly lighted are operated on streets only during daylight hours, and (2) equipment used to maintain common areas and the golf course operated by licensed drivers. 8.2 No vehicle shall travel at a speed greater than 25MPH on any street in the development except where the speed limit is 20MPH in designated areas such as those posted as children s play areas. 8.3 Adverse Camber Warning: Because the private streets in Loch Lloyd were engineered to accommodate natural terrain drainage, some curves are banked the wrong way in what is known as an adverse camber for driving into the turn. This amplifies the sling force on the car in the turn. As long as the car does not exceed the road and weather conditions speed limit, this has not proven to be a driving problem over a period of several years. Slow down at all curves, especially when the road is wet or icy. 8.4 All Residential Streets are reserved for residents and their guests. Non-residents are considered trespassing if they use the streets to drive or walk without the prior consent of a Loch Lloyd resident or Loch Lloyd security officer. Club Members who are not residents shall restrict their access to the club facilities areas only. 8.5 All motorized vehicles that belong to residents and are used on streets within the Village of Loch Lloyd must have a current security sticker issued by the HA affixed on the vehicle front windshield. Such vehicles include, but are not limited to, passenger cars, motorcycles and golf carts. Stickers are obtained by registering each vehicle and providing proof of liability insurance to Loch Lloyd security. It shall be the responsibility of the resident to obtain a new sticker for new vehicles. Failure to display a current security sticker is subject to fines as defined for parking violations. Previously issued stickers are not compliant and jeopardize our security efforts to keep track of non-residents entering Loch Lloyd. 8.6 Texting, ing, browsing the Internet or use of any handheld device while driving is not permitted within Loch Lloyd. Violations will be treated as a Moving Traffic Violation. 9.0 Parking: 6

7 9.1 Only those vehicles bearing Loch Lloyd registration (temporary or permanent) shall be permitted to park for more than 24 hours. Only those vehicles deemed by the Board to be operational and in use shall be registered. All vehicles must be properly licensed. 9.2 It is the basic policy of the Association that vehicles belonging to residents be parked inside the home s garage. However, when the resident owns more cars than the garage was constructed to house, the additional cars may be parked in the driveway. The only cars parked on the street should be for guests pursuant to parking regulations adopted by the Homes Association. This applies only to passenger cars and ¾ ton trucks or smaller passenger vehicles, including pickup trucks, which are not used for commercial purposes and do not bear a commercial sign. Trucks, trailers, commercial and recreational vehicles may not be parked or stored outside a garage or on any lot within the boundaries of the Loch Lloyd Homes Association. However, the Board is authorized at its discretion, to issue a waiver of not more than 48hours for recreational vehicles and boats upon request by the resident. 9.3 Overnight visitors must obtain a temporary parking pass from Security at the front gate. The pass must be displayed on the windshield so that it is visible from the outside of the vehicle through the front window, left side. 9.4 Vehicles too large to fit inside the garage must be stored off the development. 9.5 These parking rules apply to new residents ten days after purchasing a newly constructed home or an existing home. 9.6 Street parking: Guests may park on the same side of the street as the home being visited provided that doing so does not restrict two-car traffic flow in the street. This means that cars may not be parked on both sides of the street if doing so reduces the traffic lane to less than necessary for two cars to safely pass each other in opposite directions Garage Doors: Garage doors shall be kept closed except for entry and exit, and for short maintenance periods Basketball Goals: Basketball goals and their placement are to be sensitive to adjacent homes, the street and common areas and must be approved by the ARC. Basketball goals that are attached to the home will not be approved. Additional screening may be required. All basketball goals must have a clear backboard. All goals must be properly maintained. The association will only approve goals when two criteria are met in the judgment of the ARC: (1) The location of the backboard must be such that there will be very minimal potential for noise nuisance for neighbors; and (2) the backboard must not be visible from the street or golf course unless its design, color and partial screening by trees or other plantings are acceptable to DRC or ARC. 7

8 12.0 Swimming Pools: Swimming pools require ARC approval of plans prior to construction. Pools must be enclosed with fencing of wrought iron or other acceptable material to prevent small children entering the pool area. The fence must be at least four and one-half feet high and must have a gate latch that is at least four feet high. The gate must be self-closing and self-latching so that it cannot be left open or unlatched. During the off-season when the pool is not in use, it must be fitted with a cover, (cover should not exceed the height of the deck) of sufficient strength and sufficiently anchored to prevent anyone accidentally falling into the pool and drowning or becoming entangled in the cover itself. All mechanical, electrical and electronic equipment must be property enclosed and landscaped with evergreens to blend with the architecture and existing topography. Equipment associated with the pool operation shall be permanently enclosed with a 2- sided enclosure a minimum of 6 inches above the tallest equipment, matching the style of the home, and screed from view. Views must be screened from off site, from the rear, street, adjacent property, golf course, and lake with access to equipment from residence side of the equipment. All materials, colors, placement, size and design, including pool fencing, decking, and coping materials, must be submitted to the DRC/ARC for approval. Pools must be enclosed with fencing of wrought iron like, power coated aluminum, or other acceptable materials. The fence must be at least four and one-half feet high and access gate shall be self-closing, and self-latching, at least four feet high. Pools must comply with current Loch Lloyd HOA Design Rules & regulations and the current Village of Loch Lloyd Building Code Ordinance. The Village Building Inspector and Design Review Committee and/or Architectural Review committee must both provide final review and inspection for compliance Club s Golf Course, Practice Facilities, Tennis Courts, and Swimming Pool: These areas are private property for the exclusive use of members of the Loch Lloyd Country Club. They are not common areas for the use by residents of the development. The Club does not permit the golf course to be used for anything other than playing golf; strolling, walking, jogging, bicycle riding, etc. on the cart paths or anywhere else on the course is prohibited. Association members must respect all private properties of the Club. The Club does not permit the practice facilities to be used for anything other than practicing golf Association s Amenities: The amenities of the Association include the private streets, the lake, nature trails, picnic areas, playground areas, and other common areas. Use of the amenities is strictly limited to Association members and their guests in accordance with applicable rules and regulations of the Homes Association Motorized vehicles are not permitted on Nature Trails. 8

9 14.2 Bicycles must maintain a safe speed while on Nature Trails General Amenity Restriction: Use of any of the Association s trails, lakes, playgrounds or any ground on the development not owned by a private resident for purposes not covered herein is strictly prohibited unless approved in advance by the Board of Directors Boats: 15.1 Requests to Publish or Distribute Information: Requests made by any individual or group to distribute printed materials at the front gate on Loch Lloyd Parkway, will be considered on a case by case basis. Submissions must be made 14 days in advance to the Homes Association office Registration - All boats including non-motorized boats used or stored at Loch Lloyd Lake must be registered annually. Only Association members may register boats. Registration is non-transferable. Registration requires: Proof of Ownership. Minimum insurance coverage of at least $300,000 of general liability coverage is required for all motorized crafts, naming the Association as additional insured. If the individual carries an umbrella liability policy of $1,000,000 or more and name the Association as additional insured, the base policy amount can be reduced to $100, No temporary boat permits will be granted Maximum pontoon boat length permitted is 22 feet in length measured on the supporting pontoons and may not have enclosing sides taller than 36 inches. Pontoon canopies are permitted Boating privileges are reserved for Association members and member hosted guests only. A member must be present at all times when a guest is operating a boat. Members are responsible for all actions of their guests The right of way for boats will be in the following descending order; that is, from first priority to last: sailboats, kayaks, canoes, row boats, fishing boats with electric motors, gas powered boats Pontoon boats only may be powered by an engine rated not to exceed 25 horsepower. All other motorized watercrafts may not be powered by a gasoline engine rated over 10 horsepower. This does not apply to motors used to load/unload boats from trailers Powered boats are not permitted on any pond on the development Motorized boats may be operated on the lake 24 hours a day; however, between the hours of midnight and 6 a.m., electric motors only may be used. 9

10 16.9 Boats operating in darkness must display proper lighting as prescribed by Missouri State rules Boats must display the identification stickers provided by the Association and such stickers must be clearly visible on either side of the bow Operators of motorized boats must be 16 years of age or older and be in possession of a valid driver s license Each boat must carry a paddle or oar One life preserver is required for each occupant of any boat. Also, the boat must include at least one flotation throw cushion and a properly sized and rated fire extinguisher Members take full responsibility for the safe operation of boats. Boats must be of safe construction and must be in presentable appearance in the judgment of Board officials Extension cords must be kept out of the water and secured as such Members are required to utilize extension cords that meet the following criteria: 15 Amp Extension cord for the marine environment 14 Gauge Constructed with heavy-duty, marine grade materials Nickel Plated, corrosion-resistant pins Over-molded ends for durability and water resistance UL, cul certified Universal fit 5 year, quality assurance warranty Extension cords are available at the HOA office for the convenience of boat owners When not in use, boats must be docked at their assigned slip, a member s enclosed garage, or stored in racks The water features of the golf course include several small bodies of water which are Loch Lloyd Country Club property and are not part of the lake system. These water features are private property of the Country Club and may not be used for any purpose by Association members Zebra Mussels and Other Invasive Species 10

11 17.0 Marinas: All boats, watercraft, motors, trailers and any absorbent equipment, including but not limited to life jackets, bait buckets, fishing gear, water toys, noodles, tow ropes, anchor lines, ski equipment, scuba and sailboards, (hereafter referred to as Watercraft and Equipment) to be used at Loch Lloyd Lake must be treated, dry, quarantined and inspected by the Board inspector prior to being placed on the Lake Treatment shall mean: Heated power wash at a minimum of 140 degrees for at least 2 minutes Quarantine/Dry shall mean: Length of quarantine/drying time will be determined by weather conditions and time of year (minimum 14 days up to 30 days, as specified by Board inspector) Inspection shall be performed by an authorized Board inspector The cost of all treatment will be born by the owner All contractors performing repairs, maintenance, construction or delivery of watercraft or equipment used at Loch Lloyd Lake must be approved by the Board and, at the discretion of the Board shall: Affirm that any trailers, tools or equipment used in performing their services at the Lake are used only at the Lake and have not been used at any other body of water; or Complete the quarantine and inspection procedures defined herein All boats and the trailers used to remove them from the Lake for repair or maintenance at a location beyond the boundaries of the Village of Loch Lloyd must have an intact Loch Lloyd seal and must be inspected and approved by the Board inspector prior to being placed back on the Lake All owners of watercraft shall complete the Acknowledgement and Acceptance of Rules for Prevention of Zebra Mussels at Loch Lloyd prior to receiving their annual boat and dock permits Failure to comply with the provisions of this Regulation may result in an immediate and indefinite loss of all lake privileges and a fine of $5, or the amount of damages to the Lake, whichever is greater, at the sole discretion of the Board Marinas are for the Association members only, with the exception of contractual agreements reached when the lake was built. 11

12 17.2 Boat slips will be assigned only for registered boats and must be occupied within 6 months Boat slips are non-transferable Registered canoes, kayaks, and other non-motorized watercraft may be stored in the racks provided at the Highland Ridge (Beach) Marina Failure to properly register and maintain boats and storage areas may result in the boat owner being requested to remove their boat or the Association may remove it at the owner s expense All boat owners store their boats in the slips or racks at their own risk Fees for registration, slips and use of the boat rack can be found in the Fee Schedule at the end of this document. Fees are set by the Board of Directors Lake Swimming: 18.1 All persons using the lake for swimming do so at their own risk NO LIFE GUARDS ARE ON DUTY Fishing: 19.1 Trot lines or other unattended lines are not permitted No person shall have in use more than three fishing lines at once No person shall fish using a spear or a net The size and creel limits are established annually by the Homes Association Board and posted at marinas (these will be reviewed periodically in accordance with Missouri Department of Conservation guidelines) Fish may only be cleaned at the approved cleaning stations. Fish remains are to be placed back into the lake or removed from the area completely. Do not place fish or their remains in the trash receptacles. Fish cleaning stations must be left clean Guests must be accompanied by, or in contact with, a member at all times Fishing may be done only in the lake and the pond between Highland Ridge and Jamie Lynn Lane. Fishing on the golf course ponds is strictly prohibited. Please note that the pond between the dam of the main lake and the 15 th fairway of the golf course is part of the course and fishing is prohibited Employees fishing privileges are subject to annual review by the Board of Directors. 12

13 When employees of Five Star and the Homes Association are allowed to fish the following rules will apply: 1) All of the above rules/sections must be followed. 2) Fishing is allowed from 6:30A.M. to 8:30P.M. Monday through Friday for Five Star and HOA employees, their spouses, and their minor children. 3) No guests are allowed for employees. 4) No alcohol to be present for any employee. 5) No one is allowed on any of the boats unless the owner is present. 6) Fish cleaning stations must be left clean. 7) All trash must be placed in the trash cans. 8) A daily fishing pass must be issued by security for all employees and such pass must be prominently displayed at all times. 9) Violating any of these rules will cause the employee to forfeit any right to fish at the lake Lake Shore: The space between the boundary lines of private property and the shoreline is common land for the development and may not be used for any p purpose other than hiking or shoreline fishing Fireworks: The Homes Association prohibits the discharge of any fireworks within the Village limits at any time, except the Village 4 th of July display. This prohibition will be strictly enforced by security. Tickets will be issued to and the fireworks confiscated from any offenders. Children s sparklers and snakes used under adult supervision on the resident s property are permitted. They are not to be ignited on any street or in the common areas including the dam and marinas Firearms: The discharge of firearms is not permitted Nuisance, Complaints, and Concerns: All residents at Loch Lloyd have the right to the peaceful enjoyment of their property. All are enjoined to do their utmost to be good neighbors and not permit noise or other problems to become a nuisance Mowing - Mowing by contractors is restricted to 8:00 a.m. to 7:00 p.m. Monday through Friday, and 8:00 a.m. to 6:00 p.m. on weekends and federal holidays. Homeowners who mow their own lawns do not have these restrictions. Please be respectful of neighbors when mowing, and understanding that the neighbor doing the mowing may have a full schedule If a problem arises, please notify either security at or the Association at Issue/Complaint resolution forms are available from the Association. The Association will do its very best to help resolve complaints 13

14 amicably. Complaints against either the Developer or the Association should be in writing and addressed to the Association s Board of Directors, Country Club Drive, Enforcement Remedies: 24.1 Sanctions include warnings, fines, suspension or revocation of use privileges. Enforcement is not limited to these sanctions but may include other remedies at law or equity, including enforcement of liens. Also, the Covenants, Conditions, and Restrictions empower the Association, with proper advance notice, to enter private property to correct care and appearance violations charging costs to the homeowner. Each homeowner is responsible for keeping the appearance of their home, yard, and property in good condition The process leading up to an imposition of a sanction includes (i) a written complaint from a Security Guard, or other Association Board member, followed by (ii) written notice by the Homes Association to the resident offender detailing the nature of the alleged offense with the appropriate fines described for the offense. The notice will give the resident 5 days to correct the violation or fines will incur. If the resident desires to appeal, then the resident must notify the Association in writing within the 5 days. Such response stating whether or not the resident desires a formal hearing---with or without the assistance of counsel before the Board, then (iii) if there is no written response by the deadline set in the notice, the Board will proceed to impose the fine or other sanction, or (iv) the Board will decide the matter based on the information in the written response including whether or not to grant a hearing, and then (v) the Board will hold the hearing if such has been its decision, and/or finally (vi) the Board will declare the complaint valid and will impose the fine or other sanction, or will dismiss the complaint as not valid The Board may delegate to an advisory committee all its actions described in section 26.2 provided that such committee s findings and recommendations shall be forwarded to the Board for final action Fines- Fines not paid within 30 days are subject to the addition of late fees and interest. After 90 days unpaid fines may result in property liens and other legal remedies. The amount of fines may be found in the schedule at the end of this document. Offenses for which a fine may be levied include: Removal of trees over 4 inches in diameter without prior approval of the Architectural Review Committee (ARC). The Association may also require replacement of the tree Speeding, failure to stop at a stop sign and violation of other Missouri traffic laws Violation of animal control rules and regulations. 14

15 Construction, erection, or altercation of anything visible from the exterior of the property that does not conform to written ARC approved design plans Care and Appearance violations Littering or dumping in common areas. Additionally, no resident or agent, shall blow leaves from their property onto another resident s property, onto any Homes Association common area or onto any Golf Club or Developer owned property. Cleanup of all grass blown into the street is the responsibility of the resident or home owner Fines for other violations not listed above shall be at the discretion of the Board Mailbox Repair and Replacement Policy - (01/17/2012) 25.1 Ownership: Newly built homes receive a new mail box when the homeowner moves in. Residents own their mailboxes and are therefore responsible for all maintenance costs associated with them. Normal maintenance including: paint, hinge hardware, flag, box repair or replacement, frame repair or replacement is the responsibility of the owner Replacement mailboxes: The Homes Association maintains a small inventory of replacement mailboxes. The property manager can be contacted at for inquiries Repair: Mailboxes are the property of the homeowner. If a homeowner s mailbox and/or frame requires repairs, replacement, or fresh paint, the HOA manager has a list of preferred vendors who are aware of the job specifications. Should a homeowner choose a different vendor, the list of required repair specifications can be obtained from the property manager at Reimbursement: It is not the Homes Association s responsibility to manage any applicable reimbursement. The resident must obtain reimbursement from their insurance company or the individual responsible for the damage If there is no way to identify who caused the damage to a single mailbox, the owner is responsible for parts and labor to repair or replace the mailbox In the case of a damaged or replaced double mailbox, both residents who share the mailbox are responsible for parts and labor to repair or replace the mailbox. 15

16 For replacements, the HOA will collect payment directly or the resident may mail payment to: The Loch Lloyd Homes Association Country Club Drive, Loch Lloyd, MO Installation and cost: Labor estimates to install a replacement mailbox vary. For up to date pricing, preferred vendors should be contacted. The list of preferred vendors can be obtained from the property manager at Single mailbox replacement estimate: $450* Double mailbox replacement estimate: $600* *All prices are subject to change. Check with the HOA for current pricing. or Loch Lloyd Home Leasing Resolution: The Board of Directors hereby adopts the following Resolution on the rules for leasing any home in Loch Lloyd. The rules are as follows: 1) No residence or portion of residence located on a Lot may be leased or subleased for less than a three-month period or leased or subleased more than twice in any twelve month period. 2) Each lease shall be in writing. 3) The lease shall mandate compliance with the Declaration, the Bylaws and Rules and Regulations of the Association. 4) The owners shall be obligated to screen renters according to the industry standards of residential tenancies. 5) Owner agrees to fill out completely the Loch Lloyd Homes Association rental application form attached and agrees to all the conditions stated in Section E. 6) Owner agrees to submit a non-refundable application fee of $ ) Owner agrees to submit a $1, deposit which is refundable based upon provisions outlined in Section E #3. 8) Owner and Tenant agree to execute the rental application in Section F. 9) Owner agrees not to rent to Tenant until Section G has been agreed and executed by the Board of Directors and/or Directors Managing Agent. This Resolution is hereby agreed upon by the Loch Lloyd Board of Directors at the meeting on the 20 th day of August, This Resolution on the rules of leasing homes in Loch Lloyd will be effective October 1,

17 27.0 Loch Lloyd Home Rental Application Form LOCH LLOYD HOMES ASSOCIATION RENTAL APPLICATION FORM Name Date requests permission of the Loch Lloyd Homes Association Board of Directors to rent his home at This completed application must be submitted to the Property Manager by the Owner who contemplates renting his home at least 10 days before the prospective tenant is to assume occupancy. This application must also be accompanied by a fully executed copy of the proposed lease. The lease shall be for a minimum of three (3) months and a maximum of twelve (12). Proposed Lease dates from: to: The tenancy shall be limited to a single family and the number of residents shall be limited to the number of bedrooms in the unit plus one. The tenancy may commence only upon written notification by the Board of Directors or the Property Manager to the Owner that all the requirements listed herein have been satisfied. Rental of a Loch Lloyd home without the permission of the Homes Association Board of Directors will result in an automatic $2,500 special enforcement assessment. 17

18 A. Prospective Tenant Name Social Security No. Address City/State/Zip Telephone /Cell/Fax Occupation (if retired, previous occupation Spouse s Name Social Security No. Date of Birth Date of Birth Current Employer Address City/State/Zip Telephone Previous Employer Address City/State/Zip Telephone Names and ages of dependent children Names of persons other than dependents who will be residing on premises Number of automobiles (Limit to number of garage spaces) 18

19 B. Prospective Tenant s Previous Residences Address 1. City/State/Zip Length of residency at this address Landlord or Property Manager, if applicable Address City/State/Zip Telephone Address 2. City/State/Zip Length of residency at this address Landlord or Property Manager, if applicable Address City/State/Zip Telephone C. Prospective Tenant s Personal References (Two) Reference Name 1 Address City/State/Zip Telephone Reference Name 2 Address City/State/Zip Telephone D. Fees Due from Owner with Application: Application Fee: $ 250 (Non-refundable) Deposit: $1,500 Total Due: $ 1,750 (Payable to Loch Lloyd Homes Association) 19

20 E. Conditions 1. The Owner and Tenant have read and agree to comply with the Articles of Incorporation, Declarations of Restrictions, Protective Covenants, Bylaws and rules and practices of the Association applicable to all Owners. 2. The Owner agrees to be responsible for any violations by the Tenant or any residents of the unit of the aforementioned documents and rules. 3. The deposit made by the Owner with the Association is intended to ensure compliance with the commitments. The deposit will be forfeited by the Owner in the event the Board of Directors determines that the Tenant has violated any of the policies, provisions and rules reasonably imposed on it and the Owner by the Association. The Owner and Tenant agree that the Board is the final arbiter of whether the deposit or any portion thereof is to be returned or forfeited with no right of appeal. 4. The Owner further agrees to be responsible for all reasonable fees and expenses, including attorney s fees, incurred by the Board in enforcing compliance by the Owner and Tenant with the terms of the lease, as well as the governing documents and rules of Loch Lloyd. 5. The Owner and Tenant further agree that the Tenant is prohibited from operating a business from the leased premises. 6. The Owner further agrees the lease will not become effective until written permission is obtained from the Board of Directors. Application received Tenant consents to the following: Date Copy of proposed lease Credit check Background check F. Loch Lloyd Homes Association Review Owner Tenant By Date Date G. Manager s Approval (required before Tenant occupancy) Date 20

21 28.0 New Rules and Regulations Regarding Loch Lloyd s Lake, Effective 10/16/2013 Regarding Zebra Mussels and Other Invasive Species THE FOLLOWING PROCEDURES WERE ADOPTED BY THE HOMES ASSOCIATIONS BOARD OF DIRECTORS AT THE OCTOBER 16, 2013 BOARD MEETING AND ARE NOW PART OF THE RULES AND REGULATIONS All boats, watercraft, motors, trailers and any absorbent equipment, including but not limited to life jackets, bait buckets, fishing gear, water toys, noodles, tow ropes, anchor lines, ski equipment, scuba and sailboards, (hereafter referred to as Watercraft and Equipment) to be used at Loch Lloyd Lake must be treated, dry, quarantined and inspected by the Board inspector prior to being placed on the Lake. Treatment Heated power wash at a minimum of 140 degrees for at least 2 minutes. Quarantine/Dry Length of drying time determined by weather conditions and time of year (minimum 14 days up to 30 days, as specified by Board inspector). Inspection By authorized Board inspector. The cost of all treatment will be borne by the owner All contractors performing repairs, maintenance, construction or delivery of watercraft or equipment used at Loch Lloyd Lake must be approved by the Board and, at the discretion of the Board, a. Affirm that any trailers, tools or equipment used in performing their services at the Lake are used only at the Lake and have not been used at any other body of water; or b. Complete the quarantine and inspection procedures defined herein All boats and the trailers used to remove them from the Lake for repair or maintenance at a location beyond the boundaries of the Village of Loch Lloyd must have an intact Loch Lloyd seal and must be inspected and approved by the Board inspector prior to being placed back on the Lake On or before February 1, 2014, all Owners shall complete the required Acknowledgement and Acceptance of Rules for Prevention of Zebra Mussels at Loch Lloyd. All new Owners and Renters must complete the Acknowledgement prior to receiving vehicle security stickers and front gate entry fobs or cards All owners of watercraft shall complete the Acknowledgement and Acceptance of Rules for Prevention of Zebra Mussels at Loch Lloyd prior to receiving their annual boat and dock permits Failure to comply with the provisions of this Regulation may result in an immediate and indefinite loss of all lake privileges and a fine of $5, or the amount of damages to the Lake, whichever is greater, at the sole discretion of the Board. Whereas, Zebra Mussels are a very destructive and prolific invasive species; and, Whereas, Zebra Mussels have been migrating into the area; and, Whereas, numerous local bodies of water have become infested with Zebra Mussels; and, Whereas, it would potentially be catastrophic to the lake, the ecology, fisheries, use, enjoyment and property values of the Owners if Zebra Mussels were introduced into the lake; 21

22 Loch Lloyd Homes Association Rules and Regulations Fine and Fee Schedule Moving Traffic Violations Fines First Offense MPH $50 Second Offense Double MPH $100 Third Offense Double 2 nd Offense MPH $150 Each Additional Double 3 rd Offense 45+ MPH $250 Fines Double for failure to stop for security guard. Parking Fines First Offense Warning no fine Second Offense $25 Third Offense $50 Each additional $100 Animal Control Fines First Offense Warning no fine Second Offense $ Third Offense $ Each additional $200.00/subject to removal Public Nuisance/Aggressive Behavior Removal from property after warning DRC/ARC Infractions Fines Felling of Trees Construction w/o Approval Care and Appearance Fines First Notification Failure to respond Penalty Damaged Structure Fine $250 per tree plus replacement $500 per incident plus $50 per day until resolved Warning no fine $250 plus $10 per day until resolved $100 per day Unauthorized Dumping Fine $250 Boating Infractions Fines Owner/Guest/Engine infraction $25 Delinquent Permit fee $50 Delinquent Slip fee $800 (After 14 days boat is removed $10 per day storage fee added.) Fines for other violations not listed shall be at the discretion of the Board of Directors. Watercraft Fee Schedule Annual permit $100 Annual slips lease $450 Annual kayak/canoe storage $100 22

23 Annual trailer storage $225/$20 month Unauthorized boat launch/removal $5,000 Replacement Vehicle Stickers: First replacement sticker: No charge Additional replacement sticker $50 23