Wild Horse at Woods Creek Rules & Regulations

Transcription

1 Please note: Revised language in Bold Italics Pages 1, 4, 5, (Rental Agreement), 8 (Fine Schedule) Good Citizenship 1. Quiet Hours (Declarations Sections 9.10 and 9.12) a) Between the hours of 10:00pm and 8:00am. b) No noxious, offensive, or illegal activities shall be carried on, in or upon any Home, nor shall anything be done which may be or become an annoyance or nuisance to other Homeowners, Tenants, or Guests. c) c. Homeowners shall exercise extreme care in the use of musical instruments, radios, televisions, and amplifiers that may disturb other Homeowners. 2. Yard Maintenance (Declarations Section 9.3) a. Back yard landscaping and planting beds (other than the front planting bed) must be kept well maintained, including mowing, weed removal, fertilization, and water (except in times of water rationing decreed by the local water utility). b. If a Homeowner requests to maintain his/her front planting bed, a white stake will be placed in the front planting bed by the landscaper. In this case, the same rules above apply to the front planting bed. c. Irrigation Systems are to be maintained by the Homeowner at the owner s expense. a. If the Landscaper finds that parts on the irrigation system need to be installed owners will be notified. b. Owners will be given 14 days to have the system fixed. If this does not happen the Board of Directors will hire a vendor at the owners expense to make the repairs. d. Homeowners are authorized and encouraged to install and maintain plants, shrubs, and trees in their limited common areas. a. Planting height must be reasonable and not obstructive to any other Homeowner s view. b. Plantings should not impact the structural integrity of the foundation, siding, sidewalks, driveways, or patios. c. Plantings should not create maintenance issues for the Wild Horse at Woods Creek Owners Association. d. Only original plantings in the front yard will be replaced if deemed necessary by the Board of Directors. 3. Fireworks a. Homeowners shall comply with all City of Monroe Ordinances. b. Unless otherwise allowed by City of Monroe Ordinances, fireworks must follow the same Quiet Hours as stated above (Good Citizenship #1a). Last Updated: 11_15_12 Page 1

2 4. Play Structures a) Homeowners shall not place or leave any play equipment in the streets, sidewalks, or front and side limited common areas. 5. Use of Home (Declarations Section 9.1) a) Homes are restricted to residential use only for ownership, rental, or lease and for social, recreational, or other reasonable activities. b) Homes may be used as a home office, but is limited to one non-resident employee. c) Homes cannot be regularly visited by customers or clients. 6. Hazardous Substances (Declarations Section 9.13) a) Homeowner shall not permit any hazardous substances to be generated, processed, stored, transported, handled, or disposed of in their home. Architectural Changes (Declarations Section 9.7) In addition to established Architectural Control guidelines, the following must be adhered to: 1. No structure shall be constructed in any Common or Limited Common Area unless the plans for the structure have been approved in writing by the Architectural Control Committee. a) This includes buildings, sheds, fences, walls, garages, play structures, decks/patios, or other exterior additions, changes, or alterations. b) Homeowners shall not install wiring for electrical, television antennae, telephone, air conditioning units, etc on the exterior of the building. This includes any wiring that causes any penetration to the exterior of any building, unless approved by the Architectural Control Committee. 2. Satellite Dishes may be installed if one of these guidelines is followed: a) Pole mounted. The Board of Directors recommends this as the best solution. b) Placed on patios, decks, or other Limited Common Area which is maintained by Homeowner via the governing documents. c) Attached to fascia Board if appropriate Liability Waiver is signed and on file with property manager. For a Liability Waiver contact the Board of Directors of the designated Property Management Firm. 3. All Architectural Control requests must be routed through the property management company for presentation to the Board of Directors or Architectural Control Committee. 1. All requests must be sent via United States Postal Service or via to the Property Manager (attn: ). 4. Failure to submit requests in advance may result in the Association having to require removal of changes, the cost of which must be paid by the Homeowner. 5. The Architectural Control Committee will submit recommendations to the Board of Directors monthly for approval. 6. In general, the Board of Directors or Architectural Control Committee shall respond to all requests within 30 days after submittal of request depending on the availability of the Board of Directors or Architectural Control Committee. Last Updated: 11_15_12 Page 2

3 Vehicles (Declarations Article 8) 1. No motor vehicles exceeding one ton, recreational vehicles, mobile homes, travel trailers, tent trailers, utility trailers, campers, boats, boat trailers, detached campers, camper shells, or other similar vehicles or equipment may be parked or repaired on any lot, common area, or street within (except within garage). a) This rule does not apply to cleaning, loading, and short term parking for up to 72 hours. Rules 2 through 5 (below) still apply. 2. No motor vehicles that are illegal to operate due to licensing or physical condition shall be parked or stored on any lot or in the street for more than 72 hours. Motor vehicles that are inoperable for reasons of mechanical failure shall not be parked or stored on any lot or street for more than 72 hours. 3. No motor vehicles may be parked on any surface not originally designated for parking by the builder/developer. Surfaces designated for parking include garages, driveways, and streets. 4. Vehicle parking shall not impair the use of sidewalks and handicap access ramps, nor access to driveways. Additionally, vehicles shall not obstruct access to another home. 5. Non-complying vehicles will be subject to possible towing and/or fines in accordance with City of Monroe ordinances. Animals (Declarations Section 9.9) 1. Homeowners may keep dogs, cats, and other indoor household pets, but the following must be adhered to: i. The maximum number of animals per home is two of each type. ii. Dangerous breed dogs are not permitted. The Board of Directors has deemed Pit Bulls, Rottweiler s, German Shepherds, Dobermans, Mastiffs, or Chows (or any mix consisting of 50% or more of any of these breeds) as dangerous. iii. Reptiles are not permitted to be kept as pets. iv. All animals shall be kept solely as domestic pets and must live inside the unit. v. No animals shall be kept in number and bred or maintained for commercial purposes. vi. When not restricted to the Homeowners unit or limited common area, pets within Wild Horse at Woods Creek shall be leashed and accompanied by a person responsible for cleaning up any animal waste. vii. No animal shall be allowed to make an unreasonable amount of noise or become a nuisance inside or outside the Homeowners unit or limited common area. viii. All animals must comply with City of Monroe ordinances regarding pets. This includes, but is not limited to, licensing and leash laws. ix. The Board of Directors has the authority to have an animal removed if it deems that the animal is a nuisance or safety hazard. Trash Yard Waste Containers (Declarations Section 9.11) 1. All waste and other waste materials must be kept in appropriate sanitary containers located in appropriate areas and concealed from view from the street. Last Updated: 11_15_12 Page 3

4 2. Containers may be put out within 24 hours of waste pickup and must be removed from the curb within 24 hours of garbage pickup. Holiday Displays & Exterior Appearance (Declarations Sections 9.4 and 9.8) 1. All holiday displays and decorations must be removed within one month of the end of the pertinent holiday. No displays or decorations may be installed earlier than six weeks before the pertinent holiday. a. December holiday decorations can be put up as early as Thanksgiving and must be removed no later than January 31st. 2. Any seasonal or year round exterior decorations, displays, or adornments that appear out of character with the general aesthetics and quality of the community are prohibited unless approved by the Board of Directors. 3. Homeowners shall not hang garments, rugs, etc from the exterior of their Home. 4. With the exception of political signs, no signs of any kind shall be displayed for public view from any Home, Limited Common Area, or Common Area without prior consent from the Board of Directors. (Declarations Section 9.8) a. Homeowners may erect For Sale signs as long as they are of reasonable size. 5. Windows coverings visible from the exterior of a Home must be neutral in color. 6. Fire pits are allowed 25 feet from any structure, but must adhere to all other City of Monroe ordinances as well. 7. During political campaigns, you may post up to 3 signs from 30 days before the election to 5 days after. Signs may not block streets or sidewalks or be posted in planting strips along the side of the road. No signs whatsoever may be posted in any Common Area or on mailboxes. Signs may not be posted in common areas unless approved by the Association Manager and/or the Board of Directors. The Association Manager may remove any sign that violates this rule or other rules of the local jurisdiction. Rental Property (Declarations Section 9.2) Amendment to Rental Property Provisions contained in Rules and Regulation (Declarations Section 9.2): The following provisions shall amend and replace Rental Property Rules 1 through 7 1. All leases and Rental Agreements must be in writing and shall have a minimum term of six (6) months. 2. Any Lease or Rental Agreement must provide that its terms shall be subject in all respects to the provisions of the Declaration, the Bylaws, and these Rules and Regulations of the Association and that any failure by the Tenant to comply with the terms of such documents, rules and regulations shall be a default under the Lease or Rental Agreement. The terms of the Declaration, Bylaws and Rules and Regulations shall be binding upon a Tenant or Owner regardless of whether they are included in the Lease or rental Agreement). Last Updated: 11_15_12 Page 4

5 3. The Board may require that an Owner desiring to rent its unit have the prospective Tenant screened by a professional screening service at the owner s expense and provide a copy of the report to the Board. 4. A copy of any lease or Rental Agreement shall be delivered to the Association before the Tenancy commences. 5. If any lessee or occupant of a unit violates or permits the violation by his guests and invitees of any provisions of section 9.2 of the Declaration or the Declaration, Bylaws, or Rules and Regulations of the Association, and the Board determines that such violations have been repeated and that a prior notice has been given, the Board may give notice to the lessee or occupant of the Unit and the Owner thereof to forthwith cease the violations. 6. If the violation is thereafter repeated, the Board shall have the authority, on behalf and at the expense of the Owner, to evict the tenant or occupant if the Owner fails to do so after Notice from the Board and the opportunity to be heard. 7. The Board has adopted a fine schedule for violations of section 9.2 of the Declaration and these rules, and may impose fines on the Owner for violations after notice from the Board and an opportunity to be heard. (Please see fine section) 8. Any fines imposed by the Board for violations of section 9.2 of the Declaration or violation of these Rules and Regulations shall be assessed against the Owner and the Owner s unit. 9. In the event of any eviction, then pursuant to section 9.2 of the Declaration, the Association shall have a lien against the Owner s Unit for any cost incurred in connection with such eviction, including reasonable attorney fees. 10. In the event an owner rents its unit in violation of the terms of section 9.2 of the Declaration or the rules and regulations set forth herein, then you and your tenants will be sent written notification of such violation(s) and the Association will proceed with the Actions described herein. 11. Once the number of Leased Units reaches Twenty Percent (20%) or 16 units, then an Owner who submits a written request for Leasing Approval shall go on a Waiting List maintained by the Board. Each Owner who has rented his/her Unit shall promptly give written notice to the Board of any lease termination and intent by the Owner to no longer least the Unit. The Owner in the next available position on the Waiting List shall be notified and provided an opportunity to lease his/her Unit in accordance with the terms and conditions of this Section. If that Owner fails to lease his/her Unit within 120 days as determined by the Board (or otherwise advises the Board of his/her waiver of a right to then seek to rent his/her Unit), then that Owner s name shall be placed at the bottom of the Waiting List, and the opportunity to lease shall then be offered to the next Owner on the Waiting List. 12. In the event of a lease termination, Owners who are currently leasing their Unit shall have one hundred and twenty (120) days within which to re-lease the Unit. In the event the Unit is not re-leased within the 120-day period, then that Owner s name shall be placed at the bottom of the Waiting List, and the opportunity to lease shall then be offered to the next Owner on the Waiting List. Last Updated: 11_15_12 Page 5

6 13. In the event of a sale of a Unit, any existing Leasing Approval shall be automatically revoked as of the end of any tenancy existing as of the date of sale. The new Owner shall not be permitted to re-lease the Unit without the prior written approval of the Board in accordance with this Section. 14. The Board shall have the right, in the exercise of discretion, to permit exceptions to the leasing limitations in connection with hardship cases. The Board may adopt Rules and Regulations in furtherance of the administration of this Section, which Rules and Regulations shall be effective upon publication to the Association and its members. 15. The rules contained herein are for the benefit of all Unit owners and the Association. Failure of a Unit owner to comply with the foregoing shall be grounds for an action Wild Horse at Woods Creek for damages or injunctive relief, including the recovery of attorney s fees and costs by the Association or the Board on behalf of the Association. Monthly Assessments This section is meant as a summary of The Collection Policy. For additional information please see that document, especially for rules pertaining to chronically late payments and accounts sent to collections. 1. Assessments are due by the 1st of each month and considered late if not paid by the 10 th of each month. 2. Assessments not paid when due shall be delinquent and assessed a late charge of $25 and interest at the rate of one percent per month on the outstanding balance. 3. Homeowners, whose assessments are more than 30 days late, will be sent a reminder letter including late fees and interest. 4. Homeowners, whose assessments are more than 60 days late, will be sent a second reminder letter including late fees and interest. 5. Assessments delinquent for 90 or more days will be turned over to an attorney for collection and the mortgagee of the Home will be notified of the delinquency. Fine Schedule for Violations 1. A first violation of the Rules and Regulations or Declarations will result in a written warning. a. Written warning will state a reasonable period of time for correcting the violation. b. If violation is not corrected within the time stated, the Board of Directors may elect to correct the violation and any costs incurred will be imposed on the Homeowner and added to the monthly assessments (for the first month following the correction). i. Payment of such costs will be enforced in the same manner as the collection of monthly assessments. 2. A second notice of the same violation will result in a $50 fine. 3. A third notice of the same violation will result in a $75 fine. 4. All subsequent notices increase $25 per notice until the violation is corrected. For example, the fine for notice number four will be $100 and number five will be $125. Last Updated: 11_15_12 Page 6

7 Enforcement 1. It is the responsibility of each Homeowner to know the terms and provisions of the Declarations, Bylaws, and Rules and Regulations. 2. Each Homeowner, Tenant, or Guest shall comply with the terms and provisions of the Declarations, Bylaws, and Rules and Regulations. 3. These Rules and Regulations are provided as a supplement to the terms and provisions of the Declarations and Bylaws and are not meant to relieve any Homeowner from the obligation to know the terms and provisions of the Declarations and Bylaws. a. Failure to comply shall be grounds for action to recover sums dues, damages, or injunctive relief. 4. All Homeowners shall also comply with all statutes, ordinances, and requirements of all municipal, state, and federal authorities. 5. Prior to taking any enforcement action (other than notices of violation), the Board of Directors will give the Homeowner involved an opportunity to be heard as follows: a. The Board of Directors will give the offending Homeowner written notice of a hearing before the Board. The notice shall include: i. Statement of the offense. ii. The proposed action and or fine. iii. The date, time, and place of the hearing. iv. Whether testimony of the Homeowner must be oral, written, or both. v. The date of the hearing will be at least five days after the notice is delivered. b. At the hearing, the offending Homeowner will have the right to give testimony as outlined in the notice, subject to reasonable rules and procedures established by the Board of Directors to assure a prompt and orderly resolution of the issue at hand. c. Evidence presented at the hearing will be considered in making the decision regarding enforcement action or fines. d. The offending Homeowner will be notified of the decision in the same manner in which notice of the meeting was given. 6. The Board of Directors may take any other legal action appropriate to remedy or penalize a violation of the Declarations, Bylaws, or Rules and Regulations. 7. In the enforcement of the Declarations, Bylaws, and Rules and Regulations the Board of Directors may delegate its function, including the determination of whether a violation has occurred, to an agent (including but not limited to a single or group of directors or the Property Manager). 8. Homeowners will be financially responsible for all damages caused by their tenants and guest, and for any fines imposed as the result of conduct on the part of their tenants or guest a. Any charges for damages or fines shall be imposed against the Home in which the party responsible rented or was visiting. b. Payment of such charges will be enforced in the same manner as the collection of monthly assessments. Last Updated: 11_15_12 Page 7

8 Fee/Fine Schedule 1. Assessment and Maintenance Fees a. Monthly Assessment Late Fee = $26.48 b. Returned Check Fee = $45.00 c. Resale Certificate Fee = $ Violation Fines a. 2nd Notice = $50.00 b. 3rd Notice = $75.00 c. All Subsequent Notices = increases of $25 per notice. 3. Rental Fines a. 1 st Notice= $ b. 2 nd Notice= $ (notice sent 10 days after 1 st notice if Owner is still renting) c. 3 rd and Final Notice= $ (notice sent 10 days after 2 nd notice if Owner is still renting, the Board of Directors will start the evictions process with the Associations hired Attorney s office. At this point any and all legal fees will be billed to the owners account). Last Updated: 11_15_12 Page 8