Fines - Failure to adhere to these rules and regulations may result in fines, as specified in Section VII.

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1 Bell Harbor Homeowners Association Rules & Regulations Bashford Avenue Clear Lake, IA FAX bellharb@netins.net The Bell Harbor Homeowners Association (BHHA) strives to make our community safe and enjoyable for all of our homeowners and their guests. In order to assure everyone s enjoyment of private property and common grounds, minimal rules and regulations have been established and are applicable to both homeowners and their guests. County Jurisdiction - All Rules and Regulations are subject to Cerro Gordo County ordinances and codes, Iowa state statutes, and administrative rules. The Cerro Gordo County Sheriff and/or Iowa DNR can and may be notified in the event of specific infractions that fall within their jurisdiction. Fines - Failure to adhere to these rules and regulations may result in fines, as specified in Section VII. I. GENERAL A. Voting Rights - Members of the Bell Harbor Homeowners Association who are in good standing may vote at any Annual or Special Bell Harbor Homeowners Association meeting. In order to be in good standing, property BHHA and have all fees paid in full at the time of any such meeting. B. Assessments - Any major improvements to the common areas including, without limitation, Knoer Lodge and the lakefront will not be authorized by the board without approval of the members at an Annual or a Special meeting in accordance with the bylaws. Improvements authorized by a majority of the voting members at such meeting may be financed by the Bell Harbor Homeowners Association which may assess each property owner within the community a pro-rated share of the total expenditure through special assessments as equitably predetermined by the Bell Harbor Homeowners Association Board of Directors. Other financing options may be considered. C. Fires - Burning of garbage, leaves, and any other refuse or materials is prohibited. Outdoor recreational campfires are allowed provided they are contained in a fire pit of 36 inches in diameter or less and only clean wood or clean natural gas are burned. D. Pets E. Noise a. All pets shall be leashed and under the control of the owner whenever outside of the homeowner s property. Pet owners are responsible for waste clean-up. b. Prolonged or repeated noise and disruption by pets is not permitted. a. Outdoor noise levels and noises that can be heard outside of a building must be kept at or below a standard conversational voice level after 11 pm each evening. F. Guests - Homeowners are responsible for their guests behavior. Homeowners are liable for paying any fines assessed for their guests violations of any of these rules and regulations.

2 II. PROPERTY A. Property Maintenance - General exterior appearances of properties should be well maintained and consistent with other properties within Bell Harbor. Any deteriorating siding or external wall materials shall be replaced, and decks shall be well maintained. All painted surfaces should be maintained on a regular basis and/or free of chipped and faded paint. Signage - any signage (other than real estate for sale) on private or common property must be presented to the BHHA Manager for review by the Executive Board. This includes all signage in windows, doors and yards. Signage for special events and gatherings does not require BHHA approval so long as it is maintained for less than 24 hours. B. Use of Property - Only residential uses of homeowner private property are permitted within Bell Harbor community. All business or commercial uses are prohibited within Bell Harbor community without express written permission from the Association Board of Directors. C. Limitations of Ownership - Individuals and/or corporations are prohibited from owning or controlling more than five lots as originally platted within Bell Harbor community after September 1, 1993 unless express written permission is obtained from the Bell Harbor Homeowners Association Board of Directors. D. Property Modifications, Structures Refer to Bell Harbor Project Application for detailed steps and timelines. a. Any exterior alterations that alter the original footprint of individual living and storage structures must have written approval of the Association Board of Directors in accordance with regulations as required by Cerro Gordo County building regulations. b. Property owners are responsible for all required governmental building permits before any construction activity can proceed. Alterations will include, but are not limited to: exterior remodeling, construction and outdoor storage sheds. c. Structures must be placed inside the required minimum set back lines of any platted lot within the Bell Harbor community. Set backs are set as follows: 15 feet from the front property line, six feet from any side lot property line and six feet from the rear property lot line. These set backs are ABSOLUTE minimums and no exceptions will be granted by the Bell Harbor Homeowners Association Board of Directors. d. Cerro Gordo county zoning regulations are more stringent than these setbacks. Homeowners are responsible for obtaining required zoning variances from Cerro Gordo County. Applications to Cerro Gordo County for zoning permits, zoning modifications, variances or like approvals shall be accompanied by written approval obtained from the Bell Harbor Homeowners Association Board of Directors. E. Property Modifications, Landscaping - Refer to Bell Harbor Project Application for detailed steps and timelines. a. Any alterations to a homeowner s landscaping with an anticipated height of greater than two feet including, but not limited to fences, retaining walls, pergolas, and other such structures shall be approved by the BHHA Board of Directors. Any such structures must also comply with Cerro Gordo County codes and Clear Lake Sanitation District requirements. b. Plants: Any new plantings with an anticipated height of greater than four feet including, but not limited to flowers, native grasses, shrubs, hedges, etc. shall be approved by the BHHA Board of Directors before planting. Page 2 of 11

3 F. Lawns G. Storage c. Trees: Please refer to the tree policy which has been added as an amendment to this document. a. Homeowners shall keep their lawns mowed to a height of less than eight inches. The Association reserves the right to have individual properties mowed, assessing cost to the homeowner. Fines may be assessed in addition to mowing costs, as outlined in Section VII of this document. b. Bell Harbor Association offers pick-up of lawn refuse when placed at the street edge of a homeowner s property. Lawn refuse must be bagged, and tree branches/shrubbery must be cut into maximum 36 lengths and tied. As it is required by the compost center, all bags must be of the brown compostable type sold at most home and hardware stores. Please ensure bags and bundles aren t too heavy to lift. a. All outside materials on a homeowner s property shall be kept in an aesthetically pleasing manner. b. Timely disposal of waste/refuse/junk and/or debris is the responsibility of the individual homeowners. c. Vehicles, boats, boat and PWC lifts, trailers of any type, motor homes, mobile homes, travel trailers, or temporary construction materials/equipment shall not be located on Bell Harbor common property or on private homeowner property without express written permission from the Manager. i. Under special circumstances, outdoor storage of the above (c) may be permitted for up to 7 days with advance permission from the BHHA Manager. d. All vehicles located within Bell Harbor community must be legally licensed and operable at least one block or 100 feet forward, and one block or 100 feet in reverse. H. Tents Personal tents on private homeowner property and association common areas are prohibited without express written permission from the BHHA Manager, not to exceed 7 days. I. Fireworks Fireworks prohibited by the state of Iowa are prohibited in Bell Harbor. Legal but loud fireworks are prohibited after 11 pm, per Section I, Item E Noise. Violations may result in fines, as defined in Section VII of this document. K. Liability a. The Bell Harbor Homeowners Association takes no responsibility and will not be held liable for accidents, losses or thefts that happen within the Bell Harbor community, including streets, parking areas, Knoer Lodge, common areas, docks or lakefront area. L. Multiuser/Rental Properties a. Bell Harbor is a private, quiet community where neighbors know each other and a sense of community prevails. b. Regarding renting properties, we recognize members rights to rent/loan their property in accordance with the policies outlined 2002 Annual Meeting Manager s Report and Minutes. Fees and guidelines were established at the 2002 Annual Meeting. Multi-user fee increases were approved at the 2004 Annual Meeting and again at the 2005 Annual Meeting. i. Because renters/users could be in a position to detract from the welfare of the community as a whole, a fee structure is in place which discourages Page 3 of 11

4 renters/users and encourages people who choose to own their home in a development that fosters relationships with neighbors and community. ii. Therefore, be it resolved that the BHHA Board reaffirms the 2005 decision which: 1. Charges higher annual fees for those wishing to rent/loan their property 2. Expects homeowners to identify renter s names and dates and report those at least one week in advance to the Bell Harbor Manager. i. Any violation of the BHHA rules by a renter or user shall result in a $200 fine to the property owner. Each time that an incident occurs or is permitted to exist constitutes a separate violation. III. GARBAGE Additional restrictions and information may be POSTED at dumpsters and/or office. A. Trash: Only household garbage is allowed to be disposed of in Bell Harbor. All garbage shall be put in a tied plastic bag and placed in the dumpsters located directly behind the office building. No garbage shall be left outside of dumpsters and trash dumpsters will not be used for cardboard or other recyclables. B. Recycling: Bell Harbor residents and guests are urged to recycle in order to keep our waste management costs as low as possible. a. Designated recycling containers are provided for cardboard, plastic, glass, and cans. b. Contaminating the cardboard recycling with anything other than cardboard is prohibited - this includes styrofoam, plastic straps, and food waste. c. Large cardboard boxes MUST be broken down and flattened. C. Large items: Large items may not be disposed of in Bell Harbor. This includes anything that doesn t fit in a single standard trash bag. For disposal of large items: a. Opportunity Village accepts gently-used furniture, including couches. b. Members may take large items to the Landfill of North Iowa, located just east of Clear Lake. c. Members may work with the Bell Harbor Manager to request a special pickup by our trash service. The homeowner is responsible for the pickup and/or disposal fee. D. Unauthorized dumping will result in fines: a. Bell Harbor dumpsters are monitored by video surveillance. b. Non-association members shall not dump any refuse in Bell Harbor dumpsters and can be prosecuted under Iowa Statutes (3) for theft of services; trespassing; 716B.2 unlawful disposal of hazardous waste; abandoned/unattended refrigerator or 455B.363 litter. E. Yard Waste: See Section II, Item B. Page 4 of 11

5 IV. LAKEFRONT The management of the Bell Harbor s docks, swimming docks and swim platform is the responsibility of the Bell Harbor Homeowners Association. All lake access within the Bell Harbor boundaries are private and not to be used by anyone other than Bell Harbor homeowners and guests. There are no public accesses within Bell Harbor. The following rules and regulations apply to conduct at the common waterfront area of the Bell Harbor community, adjacent to and including Knoer Lodge and the association s privately constructed and maintained swimming beach, docks and swim platform: A. Swimming Areas are between the lakefront two designated docks, inside the buoy lines and continuing out to the water platform. Additionally, swimming is permitted off the other four access docks. B. Fishing is allowed on the four access docks and also lakefront docks #1, 2, 3 and 6. Fishing is prohibited in the swimming area and from the docks on either side of the swim area #4 and 5. a. Those fishing from dock areas will use caution, be respectful of boats on the docks and be aware of boat traffic. b. Fish cleaning is prohibited on common property. C. Docks are the private property of Bell Harbor. These are not public docks and should be treated accordingly. a. The association reserves the right to remove any and all boats found tied to the docks. b. Short term tie-ups for loading and unloading passengers for short visits (less than 4 hours) are permitted at the immediate ends of the docks. Boat owners who tie their boats to the docks are responsible for any damage the boat makes to the dock. c. Boats and personal watercraft are not permitted in the swimming area. d. Running on or diving from any dock is prohibited. D. Other a. Garbage or refuse should be placed in lakefront containers or removed from the area. Please remember to leave our lakefront in better condition than you found it. b. No glass containers are permitted at the lakefront. Page 5 of 11

6 V. DOCK SLIPS A. Requirements: Dock slips are for Bell Harbor residents only per our permit from the Iowa Department of Natural Resources. Any violation of this permit could result in Bell Harbor losing up to half its slips. Bell Harbor is currently permitted 108 slips under a grandfathered clause when new Iowa DNR dock rules were adopted in properties are without direct lake access. a. Bell Harbor Homeowner Association members whose property is off-shore will be guaranteed one slip for rental. Slips will be assigned with consideration for size and type of boat and lift, with safety for all boat owners taken into consideration. Homeowners choosing to not exercise their right to a slip may waive that right season by season. Slip spots waived by homeowners will be available to other homeowners for rental on a lottery basis. Dock slips will be assigned using the following criteria: size and type of boat and lift as well as the overall safety of the marina area. b. Bell Harbor Homeowners Association board reserves the right to limit the number of slips per property in the future if necessary. c. Electrical requirements: i. Cords from lifts to power outlets must be 12 gauge or heavier. 10 gauge cords are required for larger motors. Improper cords may be replaced by BHHA, with replacement costs assessed to the member. ii. iii. All extension cords should be secured to the lift with the female end facing downward and as far from the water as possible to prevent moisture from getting into the connection. Failure to follow this procedure will cause the breakers to trip on the docks resulting in a loss of power to the entire dock. Watertight Cord Covers must be used wherever two cords connect. More than one connection means you ll need more than one cover. iv. All lifts must have the owners name clearly written or displayed on the dock side of the lift. Page 6 of 11

7 VI. STREETS & VEHICULAR TRAFFIC A. Blocking Streets - For safety and liability reasons, homeowners are prohibited from blocking streets or impeding traffic flow in any way. Homeowners are responsible for making children and guests aware of safety issues and proper traffic flow. B. Golf Carts - The use of Golf carts is permitted within Bell Harbor, provided they meet ALL of the following: C. Parking a. Only persons 16 years and older or possessing a valid state driver s license are permitted to drive any vehicle within the Bell Harbor community, including golf carts. Those with valid state driver permits may also drive within the community provided they meet all state requirements for use of such a permit. b. A triangular slow moving vehicle sign must be displayed (on the rear) along with a bicycle safety flag when operated within Bell Harbor community. c. Unlighted vehicles shall be operated only from sunrise to sunset. d. Golf cart operators must follow all Iowa laws. e. Only ONE person is allowed to drive and/or sit in the driver s seat of a golf cart. Riding on laps is prohibited. f. All golf carts need to be registered with the Bell Harbor Manager on an annual basis. a. Parking of ANY type is not allowed on Bell Harbor community paved roadways b. Parking is only permitted on homeowner or designated Bell Harbor community parking areas. c. All trailers needing temporary parking, limited to 7 days or at the discretion of the Manager, shall only be parked in the grassy area located southeast of the Association office building directly beside the dumpster area. D. Motorized Vehicles a. Motorized vehicles of any kind shall only be operated on Bell Harbor community roadways and specified parking areas. b. All motorized vehicles of any type are prohibited in the 100 foot lakefront area owned by the association without prior written approval from the Bell Harbor Homeowners Association Board of Directors. Vehicles used for grounds maintenance or operated by contractors or employees of the association are exempt from this rule. E. Safety is a priority and the responsibility of all homeowners and their guests. All Bell Harbor signage will be heeded by homeowners, their children and their guests. Stop signs, speed limits, speed bumps and Slow signs are in place to save lives. Page 7 of 11

8 VII. ENFORCEMENT/PENALTIES Any homeowner who violates, disobeys, omits, neglects or refuses to comply with the Rules and Regulations, shall be fined as listed below, the fine to be attached to that homeowner s annual property fees if not paid at the time of the fine. Violations of the association rules with the failure by the homeowner and inability by the Association to resolve the issue will proceed legally. The Bell Harbor Homeowners Association may institute any proper action or proceedings in a court of law to rectify noncompliance. All legal fees incurred, as a result of prosecution will, upon conviction, become the sole responsibility of the non-compliant homeowner. A. Rule Enforcement Rules are enforced by the Bell Harbor Manager in this manner: a. Unless stated otherwise in this document, the 1 st violation of any of these rules and regulations will result in a written notice of warning, sent via certified mail, and include a corrective time frame and a copy of our Rules Enforcement Policy. b. 2 nd violation (or consecutive day) will result in a $100 fine. c. 3 rd violation (or consecutive day) will result in a $200 fine. d. 4 th violation (or consecutive day) will result in a $50 fine per day until violation is corrected or resolved. The Board has the right to approve an alternative penalty or course of action on a case by case basis. e. If fines are unpaid liens may be filed against the non-compliant homeowner s property, as outlined in the BHHA Bylaws. f. Each time that an incident occurs or is permitted to exist constitutes a separate violation. Page 8 of 11

9 The preceding Rules and Regulations were reviewed and presented to the membership during its annual meeting on this 27 th Day of June, Bell Harbor Homeowners Association By Kent Schlawin, PRESIDENT STATE OF IOWA, COUNTY OF CERRO GORDO NOTARIZED July, 2015 Page 9 of 11

10 Ammendment I Bell Harbor Homeowner s Association Tree Policy June 27, 2014 PROPERTY - Trees a. One of the greatest resources of Bell Harbor is its natural canopy of trees, which not only add to the beauty and park-like setting of our neighborhood, but also provide summer shade and improve air quality. b. Bell Harbor Homeowners Association will care for and maintain all trees which stand on common, association property. This includes trimming and/or removal of damaged, diseased or dead trees, following all other rules and regulations within this document. c. Homeowners will care for and maintain all trees which stand on homeowner property, including branches and limbs which may extend over another homeowner s property or the common areas of the association, including roadways. This includes trimming and/or removal of damaged, diseased or dead trees, following all other rules and regulations of this document. d. Damaged or dead branches/limbs of homeowner trees, which may be considered a safety hazard to those in the association spaces (common areas and roadways), must be maintained by the homeowner as quickly as possible. Failure to do so may result in the association maintaining the tree(s) at the expense of the homeowner. e. Tree topping (the practice of removing whole tops of trees or large branches from the tops of trees, leaving stubs or lateral branches that are too small to assume the role of a terminal leader) is not an acceptable form of trimming. Any tree that requires such an extensive level of trimming must be completely removed. f. Trees that are removed must be completely cut to the ground, and all stumps must be removed within six (6) months of the tree s removal. Failure to remove the stump within this time period may result in the association hiring a removal service at the expense of the homeowner. g. Bell Harbor Homeowners Association will replant a new tree for every tree removed on common property. If a replacement tree cannot be planted in the same vicinity as the removed tree, another suitable location will be chosen by the BHHA Board of Directors. h. Homeowners are highly encouraged to replant a tree for each removed tree on their property. If the new tree cannot be planted very near the site of the removed tree, the homeowner will propose a new location, seeking BHHA Board of Directors approval, per section II Property, F(a)* of this document, prior to planting. Homeowners may also choose to replant the tree on association common areas, based on approval by the BHHA Board of Directors. i. Based on guidance from the Iowa DNR Forestry Division, as of 2014, homeowners should select trees from the following list: Oaks Sugar Maples (hard) Honey Locust (thornless/seedless) White Pine Sycamore (London Plane River Birch Tree) Kentucky Coffee Tree Hackberry j. Following Iowa DNR Forestry Division recommendation, as of 2014, homeowners will not be allowed to plant the following trees within Bell Harbor: Basswood/Linen Silver or Norway Maple (soft) Ash Most Conifers and Spruces Elm Page 10 of 11

11 * In the Bell Harbor Rules and Regulations Document, Section II Property F(a) states: Any alterations to a homeowner s landscaping (with an anticipated height of greater than four feet) including, but not limited to fences, trees, shrubs, hedges, shall be approved by the BHHA Board of Directors before planting. Page 11 of 11