GENERAL RULES & REGULATIONS

Transcription

1 KINNEY VILLAGE HOMEOWNERS ASSOCIATION Policy Resolution Number P (Cancels & Replaces P ; adds Community Road, Parking Lot & Sidewalk Use, Exterior Lights & Altering Pool/Spa Controls) GENERAL RULES & REGULATIONS WHEREAS Article III, Section 1 of the By-Laws grants the general power to conduct the business and affairs of the Association to the Board of Directors, and WHEREAS Article II, Section 2.8 of the CC&Rs grants power to the Board of Directors to adopt, amend, repeal rules and regulations as it deems appropriate; LET IT BE RESOLVED THAT in order to ensure that the rights of all unit owners are protected, as well as community property and harmony, the following Rules & Regulations (listed alphabetically) shall be adhered to: 1. ANTENNA, SATELLITE DISHES & CABLE TV SERVICE This Rule applies to Direct Broadcast Satellites (DBS) less than 1 meter in diameter, multichannel multipoint distribution reception devices (wireless cable) and traditional television broadcast antennae (hereinafter referred to as "television reception devices.") governed by the Federal Communications Commission Over-the-Air Reception Devices Rule (46 C.F.R. Section ) promulgated under the Telecommunications Act of 1996, as amended (the Act ). These Rules do not apply to satellite dishes, antennas or other antennas that are not subject to the Act, as such are prohibited pursuant to Section 10.6 of the CC&Rs. A. With respect to placement, all television reception devices shall be installed in the least obtrusive manner possible. Specifically, the goal of these guidelines is to have as many television reception devices as possible obscured from view from adjacent property, streets or common areas. B. TRADITIONAL TELEVISION BROADCAST ANTENNA In placing the traditional television broadcast antenna on the home, the placement is required to be the least visible from the front and sides of the home as possible. C. DIRECT BROADCAST SATELLITE DISHES LESS THAN 1 METER IN DIAMETER 1. In placing the Direct Broadcast Satellite dish, the placement is required to be on the roof of the building in a location that is the least visible from the front and sides of the home as possible. Dishes cannot be installed where they penetrate the roof surface and/or coating. 2. Cables are required to be placed on the side of the townhome, connecting to the existing cable boxes and run directly up to the roof where the dish is installed in the shortest distance possible. The cables shall be painted to match the exterior surfaces where they are visible from the outside of the unit, within ten (10) days of the installation. Paint colors can be obtained from the Property Manager, or by visiting the website 3. Should the satellite dish be removed, for any reason, all cables shall be removed, and the exterior surface returned to its original condition; making repairs to any holes, and painting where necessary. 4. Cable TV service is available to homeowners at their own expense. Homeowners shall ensure that the cable company hides wires from view on building exteriors and those installers put all cables and Page 1 6 REVISED 04/14/2018

2 wires underground. The Owner shall be liable for any landscape or building damage to the Dwelling Unit and Common Area. 2. BIRDFEEDERS A. Bird feeders are not permitted in the Common Area. Any bird feeders placed in the Common Area shall be removed and disposed of without notice. B. If a bird feeder is utilized within the confines of the unit s property line, it shall be the type that does not permit seed to spill on the ground, such as hummingbird or finch feeders. Seed spill encourages ground feeding birds, snakes, packrats and other rodents that may attract javalina, bobcats, or other predator prey. 3. BULLETIN BOARDS (If Available) A. No notices shall be larger than a single 8.5 x 11-inch piece of paper. However, please minimize your notices to provide optimal use of the bulletin board. Postings are on a first come, first serve basis B. All postings will be removed once per month. 4. CLOTHES LINES A. Clotheslines are not permitted anywhere within the Association. Clothes, towels, rugs, etc. shall not hung outside to dry. No items shall be hung outside across the walls/ledges for any purpose. 5. EXTERIOR CHANGES AND THE ARCHITECTURAL CONTROL COMMITTEE A. No addition, alteration, or improvement within a unit, or on a lot, that would be visible from a neighboring property shall be made without the prior written approval of the Architectural Control Committee (ACC). Please refer to the Architectural Control Committee Policy, A , for information on the ACC, submittal requirements, and timelines. If there is no ACC, the Board of Directors will act as the ACC and shall be deemed to be the ACC for all proposed Architectural Improvements. B. An ACC Architectural Modification Request Form may be obtained from the Property Management Company, or by visiting the Associations website at C. No exterior changes of any kind including, but not limited to doors, door hardware, windows, porch lights, patios, and privacy walls are permitted without the prior written approval of the ACC. D. Prior to any permanent modifications to a property are initiated, the homeowner shall submit a written description and drawing to the ACC, as part of their submittal package. If the changes include new walls, demolition of existing walls, new footings, a new roof or new windows, there shall be an architectural drawing by a certified architect. 6. EXTERIOR UNIT LIGHTS (Common Area) A. Each Unit is installed with two exterior lights designed to light up the common area adjacent to the unit for safety reasons. One light is affixed above the kitchen window in the corner under the roofline; the other on the side above the mural and gas meter (the light closest to the unit, as there are two lights there). As per the Kinney Village CC&R s, each owner is responsible for maintaining and making any necessary repairs to these lights. In addition, each owner shall ensure that these two lights are turned on and working properly at all times from dusk to dawn. These lights, as originally installed, are connected to a timer located in the water heater storage area of each unit. Each owner needs to ensure that this timer is properly set to turn on the lights at least by dusk and to turn off anytime after dawn. Some unit owners have been approved to have a photocell installed to replace the timer. Owners can obtain Page 2 6 REVISED 04/14/2018

3 approval for the installation of the photocell by submitting the Architectural Modification Request Form. 7. FLAMMABLE MATERIALS A. Fire department regulations stipulate that explosive and flammable materials cannot be stored in residential units. These materials include paint thinner and gasoline. Accordingly, no explosive or flammable materials, including, without limitation, gasoline, paint thinner or similar types of flammable items shall be stored or kept on any Lots or elsewhere within the properties of the Association. 8. GARDEN HOSES A. Garden hoses shall be stored neatly, and out of site, within the Owner s patio, porch, courtyard or Dwelling Unit. Hose spools, reels, or hooks mounted on an exterior wall of a Dwelling Unit are not permitted. 9. LANDSCAPE MAINTENANCE A. The Association provides landscape maintenance including trimming, fertilizing, weed control, raking, blowing out debris, and irrigation maintenance in the Common Areas and front and side yard exterior areas. B. Homeowners shall not modify any irrigation system, adjust irrigation time clocks, or install their own irrigation system on areas where the Association performs maintenance. C. Homeowners shall not plan any vegetation in the common area without prior written approval of the ACC. All in ground plants shall be drought resistant and indigenous to the Sonoran Desert and comply with the approved plant list, maintained by the Grounds Committee or Property Management Company. D. No one shall remove any plants from the Common Area, without prior written approval of the ACC or Board of Directors. 10. LEASING/RENTING RULES A. Lease shall be defined as any occupancy of a residence by any person, other than the homeowner or the homeowner s immediate family members, whether or not any monetary consideration is exchanged. B. Please refer to the Rental Policy, P , for rules and regulations regarding leases. 11. NOISE AND DISTURBANCE A. Quiet shall be observed by all residents between 11:00 PM and 8:00 AM in all Common Areas. No radio, stereo, amplifiers, loudspeaker, or other broadcast unit of any kind shall be permitted to be heard outside of an owner s residence at any time. B. Excessive noise or disturbances in the Common Areas, or originating from inside of a unit should be reported to the Pima County Sheriff for enforcement action. 12. PARKING A. All vehicles shall be parked within designated parking spaces. This will permit emergency vehicles or fire trucks to have clear access. Resident vehicles shall be parked in assigned parking spaces; and guest vehicles may park in the unassigned parking spaces. B. Curbside parking is prohibited and vehicles parked as such are subject to towing, at the vehicle owner s expense. Page 3 6 REVISED 04/14/2018

4 C. No parking of any vehicle is permitted off the paved parking lot in the Common Area. Failure to comply shall subject the vehicle to towing, at the vehicle owner s expense. D. Inoperable vehicles are not permitted for storage within the Association s parking lots. An inoperable vehicle includes, but is not limited to, vehicles containing: one or more flat tires, expired registration, or stored vehicles that do not run or are not driven on a regular basis. The Board of Directors has the discretion to determine whether a vehicle is considered inoperable for purposes of this Rule. E. Recreational and Commercial Vehicles Parking and/or storage of recreational vehicles, commercial vehicles, motorhomes, campers, trailers, boats, and similar vehicles are prohibited on all portions of the Association s Property. (Per section of the CC&R s). 13. PETS A. No more than two (2) commonly accepted household pets are permitted in a unit. Pet owners shall abide by the provisions of the CC&Rs, Rules & Regulations and all local, county, and state animal laws. B. Animals shall be kept on a leash at all times when outside the Dwelling Unit and shall not create a nuisance in the community. A maximum six-foot leash is required. C. All animal waste shall be picked up immediately and disposed of properly. D. No resident shall permit their pets to urinate on the artificial grass surfaces. E. Refer to Resolution Policy P Pets Policy for further pet regulations. 14. POOL AND SPA A. Pool and Spa hours are 6:00 AM until 11:00 PM. Only during this time, may authorized owners and guests be permitting in the Pool/Spa Area. B. All persons shall shower before entering the Pool or Spa. C. Only appropriate swimming attire is permitted to be worn in the pool and spa. No Cut-offs shorts, T- shirts, jeans, or other street clothes are permitted at any time. Diapers shall never be worn in the pool or spa. D. All children under the age of fourteen (14) shall be accompanied by a responsible adult who can swim. E. Residents of Kinney Village have priority over guests if the pool becomes overcrowded. The number of guests per unit is limited to four (4) people. Larger groups require a reservation in writing to be made 10 days in advance, to include a $100 returnable deposit. Please contact the Property Manager at F. The use of toys or swim aids in the pool is restricted if they interfere with another s use of the pool. Be advised that personal items including, without limitation, toys, swim gear or clothing left at the pool will be disposed of and the Association shall not be liable or responsible for any personal items left at the pool. G. No running is permitted along the pool deck and no diving or dive-bombing in the pool as these activities are highly dangerous. H. Pets, bicycles, and skateboards are not permitted inside the fenced pool/spa area. I. All litter, including cigarette/cigar butts, shall be deposed of in the appropriate waste containers provided. J. Food shall not be consumed while in the pool or spa. Food is restricted to the table areas. K. No Glass containers, of any type, are permitted within the pool/spa fenced-in area. L. Pool safety equipment shall only be removed for emergency purposes only. Page 4 6 REVISED 04/14/2018

5 M. Both gates at the Pool/Spa area shall be kept closed and locked at all times. N. All guests shall be accompanied by an authorized resident or owner. Upon request by a board or pool committee member, pool users shall be required to identify themselves and their unit numbers. Unauthorized guests will be asked to leave and may be charged with trespassing. O. No person(s) shall alter any controls for the pool solar heating, pool or spa to include the filter systems and temperature settings, without authorization from the Board or Community Manager. P. Violation of any of the above pool and spa regulations may result in the suspension of pool privileges for the owner and/or authorized tenant(s). 15. ROADS, PARKING LOT & SIDEWALK USE A. All motor vehicles driven on any community road or parking lot area shall not exceed a maximum speed limit of 10 miles per hour. In addition, all motor vehicles shall be operated in a safe and prudent manner so as to not endanger any property or the life or person of any individual. Owners shall also be responsible for the operation of motor vehicles by their tenants and guests while being driven within the community. B. Vehicles with excessive fluid leaks shall not be permitted to be parked on the community lot. An owner shall be responsible for preventing and properly cleaning any excessive motor vehicle oil or other fluid leaks/spills onto the community parking lot, caused by their vehicles, and/or vehicles parked by their tenants and guests. These types of leaks cause permanent damage to the asphalt. C. Sidewalks are restricted to pedestrian use only to insure the safety and well-being of all residents. Bike riding, skate boarding, roller skating and the use of other similar types of mobility enhancement are strictly prohibited on sidewalks. Residents use of wheel chairs, walkers, and/or other medical appliances impacting mobility will not be restricted. 16. SECURITY DOORS A. All security doors shall be the same design and material as the original approved doors. Prior to installing a security door, written authorization shall be obtained from the Architectural Control Committee by completing an Architectural Modification Request Form which can be obtained from the Property Manager, or via the website at B. Screen doors are not permitted. 17. SEASONAL DECORATIONS A. Seasonal decorations shall not be placed more than thirty (30) days prior to a holiday and shall be removed within fifteen (15) days after a holiday. 18. SIGNS A. No signs shall be erected, placed, permitted or maintained on the Common Areas, any Lot or Dwelling Unit except for: 1. A sign, placed by the Association, depicting the unit number of the Dwelling Unit. 2. A single commercially produced For Sale, For Rent or For Lease sign and a sign rider placed in accordance to paragraph B. B. No billboard or advertising signs of any character shall be erected, placed or permitted on any Lot or common area in the course of selling a unit; however, a sign may be placed in the window of said unit. This also applies to properties listed for Rent. C. The size of a sign offering a property for sale, for rent or for lease shall be in conformance with the industry standard size sign, which shall not exceed eighteen by twenty-four inches, and the Page 5 6 REVISED 04/14/2018

6 industry standard size sign rider, which shall not exceed six by twenty-four inches. D. A notice advising of a unit For Sale or For Rent may also be posted on community bulletin boards, if available. Please see BULLETIN BOARDS. 19. STORAGE A. Storage of any personal items outside a homeowner s Dwelling Unit and storage closet, temporary or permanent, is prohibited. Storage includes, but is not limited to, strollers, sheds, boxes, shelves, ladders, tools, building materials, miscellaneous parts, appliances, furniture, trash, and toys. 20. TENANTS (Refer to Rental Policy P for Additional Rules) A. Homeowners shall be responsible for their tenants and tenants guests behavior, as well as, for fees, fines or attorneys fee that may be imposed or incurred due to their tenant s noncompliance with the CC&Rs, By-Laws, and Rules & Regulations. Refer to Rental Policy P for additional rules and responsibilities concerning tenants, rental units and guests. 21. TRASH DISPOSAL A. Trash shall be bagged and boxes broken down before depositing in dumpsters. B. The dumpster lid shall be kept closed at all times. C. If any dumpster is full, trash shall be placed in another dumpster. Trash shall not be placed on the ground adjacent to a dumpster, as it will not be collected. Trash shall not be stored outside any unit, to include the front porch or rear courtyard. D. No batteries, tires, oil, transmission fluid, hazardous waste, furniture, appliances or mattresses shall be placed in the dumpster. Only household trash is permitted. 22. WINDOW COVERINGS A. No aluminum foil, sheets, newspaper, window film, tablecloths, signs, or other materials not intended to be used as window coverings shall be used for window coverings that are visible from the exterior of the unit. Inappropriate window coverings, i.e. bright colors or off the wall designs, are prohibited. The Board of Directors has the authority to determine what constitutes inappropriate. These rules are hereby adopted under the provisions of the Declaration of Covenants, Conditions and Restrictions for Kinney Village, Article 2.8, and hereby cancel and replace rules adopted under Resolution P Recorded in Meetings of _4_0-r-_,- l /_'1...; _f_i?. :12Jd Q. '1b oare,ljo<j/4g- Oare: t'/ll{;fr' #' ---½41...,.,.. oare: ' 0ate: '-i ( l 4-/ U,<( Date: 'f /; Y It '6 P a g e 6 I 6 REVISED 04/14/2018