HALLBROOK TOWNHOMES PHASE III ASSOCIATION GENERAL INFORMATION, GUIDELINES and RULES

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Emory Day
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1 HALLBROOK TOWNHOMES PHASE III ASSOCIATION GENERAL INFORMATION, GUIDELINES and RULES The following general information, guidelines and rules are intended to promote the enjoyment and safety of all residents/owners within their homes and in the association common areas. The goal of these rules is to safeguard the integrity of the look and feel of the Hallbrook community area and maintain the value of all homeowners properties. These guidelines and rules are in accordance with and in addition to the By-laws, Declarations, Restrictive Covenants, Conditions, and Restrictions. These guidelines and rules are not all inclusive and do not supersede the by-laws but are intended to give a concise listing of major responsibilities for each homeowner. A. STRUCTURE 1. The Association is self-managed and is served by a Board of Directors effective November 1, Hallbrook Townhome Phase III has five Board members, each of whom serve a 2 year term. The terms are staggered, with two members being elected one year and three the next. This allows for turnover but still maintains Board continuity. The Board meets throughout the year. In accordance with our Bylaws, the Board will convene at least one annual meeting of all the homeowners. The Board may call other homeowners meetings as needed to address homeowner issues. 2. If any homeowner has special needs, please contact a member of the Board. Any request for Association Board action can be given to any Board member who will pass it on to the Board President. If the action is of a serious or urgent matter a special Board meeting may be convened. 3. The Board may change these guidelines and rules from time to time. Any changes to Guidelines and Rules will be voted on by members at the annual Hallbrook Phase III All Homeowners Meeting. 4. A Design Review Committee is made up of volunteers appointed by the Board. Its role is to receive requests from homeowners for building or exterior alterations as described in Section D below, and to either approve or not approve those requests. If a request is not approved, the homeowner may appeal the decision to the Board. The purpose of the Design Review Committee is not to inhibit improvements to properties, but only to safeguard the integrity of the look and feel of the Hallbrook community in order to maintain the value of all homeowners properties. 5. An irrigation committee is made up of volunteers appointed by the Board. It s role is to receive requests from homeowners concerning irrigation system issues as described in Section F. below, and to determine if any irrigation repair expense is either the responsibility of the homeowner or the responsibility of the Association. If an expense is deemed to be the responsibility of the homeowner rather than the Association, the homeowner may appeal the decision to the Board. 6. Hallbrook Townhomes Phase III Association, along with the Hallbrook Phase I and Phase II Associations, is part of a larger Master Association called Hallbrook Page 1

2 B. DUES Townhome Owners Association. Refer to the By-laws and Declarations of the Master Association for detailed information. 1. Dues are $700 per quarter, effective with the 1st quarter of Dues may be changed by vote of all homeowners. 2. Your dues cover snow removal, grass cutting and trimming, lawn fertilizing, irrigation system, street repairs and maintenance, and other common area maintenance including the pond and the entrances to the development. 3. Dues are payable on a quarterly basis and are to be received by the 15th day of December, March, June, and September. Please be timely on dues payments. 4. If dues are not paid by the quarterly payment date a late fee of $ 50 is added. If dues are not paid by one month after the quarterly payment date, a total late fee of $100 is added. If dues are not paid by two months after the quarterly payment date, a total late fee of $150 is added. The mailing address for dues is: C. GENERAL RULES Hallbrook Townhomes Phase III Association P.O. Box 122 Waukee, IA Residents/Owners are personally responsible and liable for any damage to association property caused by any resident/owner or his/her guest(s). 2. Residents/Owners are to leave all common areas in an orderly condition. 3. Personal property shall not be left unattended in any common areas. 4. For the safety of all residents/owners, the speed limit through the complex is limited to twenty five (25) miles per hour. 5. All outdoor lights in the front yard of your home are on a photoelectric sensor that keeps them lit from dusk to dawn which is both attractive and a safety feature. The development does not have street lights and the light fixtures in the front yards provide the outdoor lighting which otherwise would be provided by street lights. Each homeowner has the responsibility for the replacement of light bulbs in the front yard light fixture. All bulbs at all times must be in working order using appropriate wattage. If you will be gone for an extended period of time, please make arrangements for bulbs to be replaced when they burn out. The cost of electricity for the front yard lights is on the homeowner s personal light bill. 6. The Board reserves the right to require any maintenance or repairs to the exterior of any individual properties. If there is need for repair a notice will be sent to the homeowner giving 30 days for the homeowner to make the specified repair. If the repair is not completed in 30 days, the homeowner will be assessed a fine of $25 per day until the repair is completed. If for reasons beyond the control of the homeowner, the repairs cannot be made within the 30 day timeframe, the homeowner must notify the Board and an extension may be granted. Page 2

3 7. Use of private dwellings for rental or leasing purposes is not permitted without prior board approval under the conditions set forth below. The members of the Association do not want the homes in Hallbrook to be used as rental units. No townhome lot and no portion of any living unit shall be leased or rented to any person except under the following conditions: a. All rentals must be approved by the board; b. The owner of the property must have lived in the home for a minimum of two years; c. If permission is granted to rent or lease, the rent/lease period will not exceed one year unless renewed by approval of the board; d. The homeowner is responsible for the maintenance and condition of the property which shall meet or exceed the standards established of the Association; e. The tenant must agree in writing to abide by all rules, by-laws, and regulations of the association prior to lease approval. 8. The frequency of use of the Association owned lawn irrigation system is to be controlled and determined by the Board. Homeowners may water more frequently using their own water and hoses. 9. Any damage to the sprinkler irrigation system by an individual homeowner shall be the responsibility of the homeowner. D. BUILDING EXTERIORS The detached townhomes of Hallbrook Phase III are part of a townhome community, so harmonious colors, materials, and design elements are important to overall appearance as well as to maintain and enhance property values. 1. Prior approval of alterations. All proposed alterations to the exterior of all homes must be approved by the Design Review Committee prior to start of the improvement. Homeowners MUST submit a plan and acquire approval for any changes, enhancements, or additions to the exterior of your dwelling, including but not limited to: paint, siding, windows, roofing, shutters, awnings or shades, decks, patios, planters, gardens, landscaping, and trees. Advance approval is required by the townhome association s covenants. Please allow at least two weeks for committee approval. If your plans follow these rules, obtaining board approval will likely be a simple matter. 2. Damage. Homeowner shall be responsible for repair of any damage to streets, drives, lawns or irrigation system that might occur as a result of the improvements. All such repairs shall bring the area back to the condition prior to start of the improvement. 3. Satellite Dishes. Satellite dishes are acceptable, however, per the covenants we prefer they be placed as far back on the side of the house as possible. Dishes placed on the side of the house must be screened by plantings so they are not visible from the street. The covenants state that dishes cannot exceed 18 inches in diameter; however, it specifically allows the parabolic shape, so the HDTV dishes which are slightly lager in width than 18 inches are acceptable. 4. Prior approval of the Design Review Committee is required for the following: a. Paint: If you are repainting your dwelling, your plan must select a color listed on the Association s list of approved paint colors which will be distributed from time to time. Other colors will not be approved. b. Decks: 1) Deck railings, posts, and balustrades must be either of cedar or other treated wood or wood-look composite materials, wrought-iron or wrought-ironlook aluminum. All must be painted or stained in natural wood colors or in Page 3

4 colors matching the colors of the dwelling. Metal components may also be black, white or a color harmonious with the dwelling. 2) Deck support and flooring must be either of cedar or other treated wood or wood-look composite materials, brick matching the dwelling s fascia or stone. Wood support post must be painted or stained in natural wood colors, or the surfaces may be painted to match the color of the home or trim of the rest of the dwelling. If a framed support, exterior may be of siding that matches the siding on the dwelling both in material land color, or brick matching brick fascia on the dwelling. c. Patios, planters, walls, and risers must be of concrete, stone, or brick with a neutral color scheme harmonious with the dwelling. d. Permanently affixed awnings, shades or shutters must be of a solid neutral color compatible and harmonious with the dwelling s paint colors. e. Planters, patios, trees, plantings, and other yard enhancements that interfere with the free-flow of mowers or interfere with irrigation will not be approved. If irrigation must be rerouted or redirected, the cost of such changes will be borne by the homeowner. Planting of grasses or plants that will spread or spread seeds into neighbors yards will not be approved. E. TREES and GARDENS 1. All trees, shrubs, and gardens are the responsibility of the homeowner and shall be kept healthy and pruned or removed/replaced. 2. A notice regarding dead trees or shrubbery not removed or replaced will be sent to the homeowner giving 30 days to remove or replace. If the removal or replacement is not completed in timeframe allowed, the homeowner will be assessed a fine of $25 per day until the repair is completed. If for reasons beyond the control of the homeowner, the trees or shrubbery cannot be removed within the 30 day timeframe, the homeowner must notify the Board and an extension may be granted. 3. Prior to digging for trees and shrubs, homeowner must call for location of any underground lines such as power, telephone, cable television, or irrigation. The homeowner is responsible for any service charge to locate lines. Homeowner will also be responsible for any damage to irrigation system as a result of plantings. 4. Prior to planting trees, you must get approval from the Design Review Committee for the tree planting plan and tree type and size. Any tree to be planted must be at least two inches in diameter. 5. Planting of Cottonwood trees will not be approved. Planting of Ash trees will not be approved. Planting of trees that produce fruit or that drop anything other than leaves (seed pods, fruit, etc.) will not be approved. 6. Vegetable gardens are allowed if they comply with all of the following: a. The area is to be kept small (3 ft. X 5 ft.) and neat; b. Planting area must be inside the border that surrounds existing bushes and plantings around a house (not in the front of the house) and not in a separate location out in the yard; c. The vegetable plants are to be surrounded by ornamental plants or flowers; d. If fencing is required, it is to be green fencing. e. Ties, not rags, need to be used to hold plants up. F. IRRIGATION SYSTEM The irrigation system is controlled by the Association. An Irrigation Committee volunteers to oversee the irrigation system for the Association and interact with the irrigation service Page 4

5 company. Should a homeowner have an issue relating to the irrigation system, such as a broken water head or maintenance issue, the following procedures need to be followed: 1. Contact the Irrigation Committee if you think you have an irrigation issue which is the responsibility of the Association. 2. The Irrigation Committee does a preliminary review, conveying to the homeowner if it is a homeowner issue for which the homeowner is responsible, an Association issue, or is unclear. 3. If it is a homeowner issue, the homeowner will contact the irrigation service company and the Irrigation Committee will confirm with the irrigation service company. If it is an Association issue or unclear, the Irrigation Committee will contact the irrigation service company but the homeowner needs to understand it could still end up being a homeowner issue. 4. The irrigation service company will examine the issue and determine action step(s). 5. If it is a homeowner issue, the irrigation service company will bill the bill homeowner directly. 6. If it is an Association issue, the irrigation service company will bill the Association. Homeowners are asked not to contact the irrigation service company without having the Irrigation Committee first review the matter. Also, all homeowners need to know that if they are modifying their landscaping they need to have the Irrigation Committee review the proposal to make sure the modifications do not affect the irrigation system. If the proposed landscaping changes do affect the irrigation system, the cost of any modification to the irrigation system is the homeowners responsibility. G. GARAGES and DRIVEWAYS 1. Garage doors shall be kept closed except during times of access to the garage or when the owner is present working on or around the yard or garage. 2. Homeowners are responsible for any repairs to driveways and to the walkways from driveway to house. The maintenance of the sidewalk adjacent to the street is the responsibility of the Association. 3. No temporary, semi-permanent, or permanent structures (according to Merriam- Webster dictionary defined as: something that is built by putting parts together and that usually stands on its own), containers, boxes, planters, etc. shall be installed, erected, built, or stored in driveways. Smaller pots with flowers that do not block garage access are permitted. H. PARKING RULES 1. Routine overnight parking of any vehicle whether belonging to a resident/owner or to a guest is not allowed on the street in front of your home or encroaching on sidewalks or common areas. Anticipated parking beyond five days must have specific approval of the Board of Directors. All vehicles parked in driveways must be in immediate operating condition. Any abandoned vehicle will be towed at the owner s expense without prior notice to the owner. 2. No boat, snowmobile, recreational vehicle, trailer, or other vehicle shall be stored in any driveway without approval of the Board. Page 5

6 I. SIGNS 1. Residents/Owners are not allowed to put up any signs on Association property except For Sale signs. 2. For Sale signs may be put out by owners selling their homes under the following conditions: a. Location: The sign must be centrally located on the lawn directly in front of the owner s house. Care should be taken inserting signs. If damage occurs to irrigation system, repairs are the responsibility of the homeowner. b. Size: The sign must be standard realty size or no bigger than six square feet. c. Quantity: No more than one sign per home that is for sale is allowed. Except during an open house, in which case an Open House sign may be put up for no more than the duration of the open house near either entrance to the development. 3. Realty signs must be removed within 2 (two) days after the closing. 4. Owners may not put realty signs at the Association entrances (Monroe Court or 152 nd Street) or any location other than specified above. The only exception to this is open house signs that are put up only for the duration of the open house. 5. Owners with their home for sale, or their Realtor, should contact the Association Treasurer several days prior to closing so that they can ensure certification of status of dues. Sellers, prior to closing, are responsible for transferring to the new owners all necessary documentation of the Hallbrook Phase III Rules and Regulations, Bylaws, Declaration, and Articles of Incorporation. J. PETS 1. No animals, livestock or poultry of any kind shall be raised, bred or kept on any individual lot except that an owner may have a total of two dogs or cats, provided a dog shall weigh less than 70 pounds at full growth, and further provided that the dog or cat shall not be kept, bred or maintained for any commercial purpose. 2. Those residents/owners with pets shall be responsible for caring for their pets in such a way as to comply with the City of Urbandale animal ordnances and to keep them from becoming a nuisance to other residents/owners. 3. Dogs shall be leashed at all times when they are outside their owner s home. Pets shall not be left unattended outside, even if the owner has an invisible fence. 4. Any person owning or keeping a pet shall be responsible for the prompt clean-up of any waste or excrement from such pet on common areas and individual homeowner lots. K. SNOW REMOVAL 1 Snow removal will occur only when accumulation exceeds one inch (as measured at the Johnston, Iowa weather station). Snow removal is done after a snow event. Subsequent removal of drifted snow, ice accumulation, etc. is the responsibility of the homeowner. Vehicles left in the streets and driveways during the winter will make it difficult to remove snow. Please keep vehicles off the streets and driveways during snows. Depending on where the vehicle is parked in the driveway, the snow removal contractor may elect to not remove the snow for that drive. In any case, the Association will not be responsible or liable for any damage to vehicles left in the driveways or streets during the plowing. Refer to parking rules. If any homeowner has special needs, contact a member of the Board. Page 6

7 2. Snow will be removed from the streets, the driveways, the walkways from the driveway to the house, and from the front steps. Snow will not be removed from the sidewalks adjacent to the streets. L. ENFORCEMENT 1. Notice of violation. The Board or its designee shall notify an owner in writing of a violation of these Guidelines and Rules. Notification should be made by registered mail and by . An owner may request review of the notice in writing within 14 days after its receipt. If a review is requested, the Board shall conduct the review and render a decision within 10 days. The notice of violation shall specify with reasonable particularity the nature and time of the violation. In case of continuing violations, the notice shall specify a reasonable time within which the violation must be corrected and the corrective action required. The notice shall also specify the enforcement measures which the Association has implemented, or in the case of continuing violations, the enforcement measures which the Association may implement if the violation is not corrected within the time frame provided. Each instance of violation shall constitute a separate violation, though a single notice may cover multiple violations. Notice is to be made by mailing it in the U.S. mail, addressed to the owner at the address shown in the records of the Association. Notice shall be deemed received by the owner upon actual receipt, or three days after mailing, whichever comes first. 2. Fines for violations. If an owner does not cure the violation after the time frame provided, a fine of $25 per day may be assessed. Should the violation continue or reoccur, the fine after sixty days will be $50 per day. 3. Injunctive relief. The members of the Association acknowledge and agree that any breach, attempted breach or repudiation by an owner or resident of any covenant set forth in these Guidelines and Rules would produce irreparable harm and injury to the Association, and it would be difficult, if not impossible, to compute the Association's actual damages resulting the violation. The members further acknowledge and agree that no adequate remedy exists at law to compensate the Association for the breach, attempted breach or repudiation by an owner or resident of the covenants set forth in these Guidelines and Rules. The members therefore consent to the equity jurisdiction of the courts of the State of Iowa, and acknowledge and agree that an immediate injunction is an appropriate and necessary remedy to prevent the breach, attempted breach or repudiation of these Guidelines and Rules. The members further agree that a bond shall not be required to secure any form of equitable or injunctive relief. 4. Attorney fees. In the event of any dispute arising out of or relating to these Guidelines and Rules, including but not limited to any lawsuit, the Association shall be entitled to recover from the owner or resident against whom the Association is having the dispute or lawsuit the Association s fees, costs, and expenses, inclu able attorneys fees. Page 7

WALNUT TRACE TOWNHOMES ASSOCIATION RULES AND REGULATIONS MAY 31, 2007

WALNUT TRACE TOWNHOMES ASSOCIATION RULES AND REGULATIONS MAY 31, 2007 The following rules and regulations intend to promote the enjoyment and safety of all residents/owners of the association. The Board