The Reserve at Emerald Estates Homeowners Association

Transcription

1 The Reserve at Emerald Estates Homeowners Association Handbook Of Rules & Information Date Adopted: January 15, 2016 Date Effective: April 1, 2016

2 Welcome Table of Contents Introduction Contact Information Section 1 Rules & Information A. Common Areas and Association Responsibilities B. Homeowners Responsibilities C. General Information D. Parking and Motor Vehicles E. Pools, Hot Tubs, Spas F. Pets G. Rubbish Removal H. Landscaping I. Yard Décor Section 2 Architectural Guidelines A. Awnings B. Railings C. Solar Panels & Skylights D. Satellite Dishes & Antennas E. Sunrooms & Porch Enclosures F. Mailboxes G. Patios, Decks, Pergolas & Pavilions H. Play Equipment & Basketball Hoops I. Fencing J. Outbuildings, Air Conditioning & Heat Pump Equipment Section 3 Policies, Procedures & Fees A. Annual HOA Fee, Lien Procedure, Collection Policy B. Complaint Procedure C. Enforcement Procedure D. Board Review Procedure E. Sale of a Home The Reserve at Emerald Estates Page 2 of 14

3 Welcome Welcome to The Reserve at Emerald Estates Homeowners Association. On behalf of the Association, we hope you enjoy your home. The objective of the Association is to maintain The Reserve development as an extremely pleasant place to live. In order to accomplish this, a set of rules and regulations have been established, which pertain strictly to living at The Reserve at Emerald Estates Homeowners Association. The rules and information contained in this handbook take into consideration the health, comfort and safety of all homeowners and are intended to supplement the Association s Declaration of Reservations, Covenants, Restrictions and Conditions. In the event of a conflict between the Rules and the Declaration or Restrictions, the Declaration or Restrictions shall govern. Preserving the clean, attractive appearance of the Association is a goal to be shared by all, as it will maintain and enrich the value of your home. We ask that you keep this document handy and refer to it as necessary. From time to time, we will add, delete, modify and revise these guidelines to keep this booklet updated with current information and procedures. If something arises that may not be covered, please do not hesitate to contact the management company, Grace Property Services, in writing. Additional information is also contained in the Reservations, Covenants, Restrictions and Conditions and in the Bylaws of The Reserve at Emerald Estates Homeowners Association that are recorded with Stark County. The developer, your homebuilder or the previous owner, should have given copies of these documents to you. Additional copies may be obtained at a cost from the management company or at the Stark County Recorder s Office. The Board of Directors The Reserve at Emerald Estates Homeowners Association Introduction The Reserve at Emerald Estates Homeowners Association (the Association) is a single family home development situated in Jackson Township. At the time of this writing, our Association is still under development and will eventually be comprised of 90 plus homes with current lot locations on Lutz Ave., Emerald Isle St., Champaign Ave., Ruby Ridge St., Fortuna Ave., Amethyst Dr., Montella Ave, and Sienna St. As a private homeowners association, we are governed by our own Declaration of Reservations, Covenants, Restrictions and Conditions (Restrictions). The Association elects a Board of Directors at the Association s annual meeting, which is held in October. Each homeowner is entitled to one vote per home in the election of the Board of Directors, and any other business that is transacted at the annual meeting. Voting rights may be exercised in person or by proxy. Proxies are mailed to each homeowner with the annual meeting announcement. Homeowners are encouraged to attend the annual meeting in person and to run for a position on the Board of Directors. The Board of Directors is responsible for the administration of the Homeowners Association and meets on a quarterly basis. The Board is also responsible for adopting and enforcing rules and regulations for the operation of the Association property. It is the responsibility of the Association to maintain the The Reserve at Emerald Estates Page 3 of 14

4 common areas, to provide electricity and irrigation to the entrance, and to provide general liability insurance for the Association. The Board on the behalf of the Association retains the services of a professional management company to handle the day-to-day business of the Association. The management company is responsible for the billing and collection of the annual homeowner s fees, obtaining bids for services rendered to the Association and monitoring these services. They also act in an advisory capacity to the Board of Directors. The Board requests and appreciates your cooperation in respecting that Board members are not employees, and should not be contacted directly on Association related matters outside of Board meetings. Board members are not individually responsible for resolving association matters, and can only decide on issues brought to their attention by the management company. All communications must be directed through the management company to assure that your concerns and questions are properly addressed and answered. Remember the Board members are your neighbors and volunteer their time to help maintain The Reserve at Emerald Estates Homeowners Association as a successful and desirable community. Your participation is always welcome. Contact Information Grace Property Services, LLC. - Management Company Coordinates The Reserve at Emerald Estates HOA common area maintenance, processes billing, collection and deposit of association assets, administers bank accounts and pays bills authorized by the Board of Directors. Office: Grace Property Services, LLC South Main St. Suite 201 North Canton, OH Phone: (234) Fax: (234) Emergency Phone: (330) Manager: Website: Jason Saal assitant@gracepropertyservicesllc.com The Reserve at Emerald Estates Page 4 of 14

5 Section 1 Rules & Information A. Common Area and Association Responsibilities Common area refers to the areas within the Association that are devoted to the common use of all the homeowners. The Association is reasonably responsible for the following: 1. Entrance area maintenance including the entrance monuments and signs, mulch beds, entranceway lighting, irrigation system, and green space. 2. Maintenance of the entrance area includes grass cutting, fertilization, plantings at the entrance, mulching, bed maintenance and pruning. The Association is responsible for the electricity needed for the entrance lighting and sprinkler system, and the water used by the sprinklers. Each homeowner is responsible for the following: B. Homeowners Responsibilities 1. Maintenance of driveways, walks and steps extending between the street and home. 2. Maintenance of water, gas, electric, sanitary and/or storm lines, pipes, wires, cables or systems serving the home. 3. Mowing and weed control of all lawn areas surrounding their home. 4. All portions of the home, including windows, doors, siding, roofs, decks and patios. 5. All heating, cooling, and ventilation equipment. 6. All plantings and landscaping around the home, including developer trees, if any. No improvement or change shall be made to the exterior of a home without the prior written consent of the Board of Directors. All Board approved improvements and changes become the responsibility of the homeowner and subsequent future owners. C. General Information 1. No activity shall be carried on in any home or any common area, which is offensive and will result in annoyance or nuisance to other homeowners. The Association holds owners responsible for the actions of their families, guests and residents. The Board will review each written complaint submitted to the management company. 2. Homeowners shall not modify, paint, improve or otherwise alter the exterior of their homes without prior written approval of the Board. The Reserve at Emerald Estates Page 5 of 14

6 3. No business shall be conducted, maintained or permitted to operate within The Reserve. A resident may use a portion of their home for an office, provided it does not become a nuisance to neighbors. 4. Political signs, garage sale, yard sale, home security and directional signs are prohibited from being placed in the right of way or common areas. 5. No temporary or permanent buildings, sheds or structures shall be erected or placed upon any parcel. Tents for events are allowed the day of the event and two days before and after for installation and removal. 6. The outside storage of property (including but not limited to tools, toys, lumber, wood debris, trash, junk, paper, bottles and cans) is prohibited. Reasonably necessary and temporary storage on a parcel of building materials only during the construction or remodeling of a home is allowed. 7. Clothing, sheets, blankets, laundry or any other article is prohibited from being hung out or exposed on the property. 8. There will be no discharge of guns, ammunition, or explosives including illegal fireworks within the Association. 9. Boating, swimming, fishing, wading and ice skating are not permitted on or in the retaining pond. Sledding around the pond is also prohibited. 10. Dumping refuse or any other form of pollution onto or into the retention pond or common areas is prohibited. D. Parking and Motor Vehicles 1. Recreational vehicles and boats may be parked in the driveways for a period that does not exceed seven (7) calendar days on two (2) separate occasions, for the purpose of cleaning, loading or unloading, within any one (1) calendar year. 2. Parking or driving of any vehicle on any sidewalk or grassy area is prohibited. 3. Vehicles on which current registration is not displayed are permitted in the garage only. 4. Vehicle repair and storage is permitted in the garage only. 5. Parking of commercial vehicles are permitted in the garage only. E. Pools, Hot Tubs, Spas 1. Pools, hot tubs and spas must have prior written approval from the Board of Directors before installation. 2. Only in-ground pools are permitted. The Reserve at Emerald Estates Page 6 of 14

7 3. Portable pools that do not exceed forty-eight (48) inches in diameter are permitted for temporary use by children. No other above ground pools are permitted. 4. Pools, hot tubs and spas are only permitted in the rear yard of a home, and at least ten (10) feet from the property line. 1. Only domestic pets are permitted. F. Pets 2. Only dogs that are of a non-vicious breed are permitted to be kept within the association. 3. Pets are not to be kept or maintained for commercial purposes or breeding. 4. External compound cages, kennels or hutches are not permitted. 5. Dogs are not permitted to be left outside barking, howling, and creating a nuisance. 6. Pets shall not be permitted beyond the owners lot unless accompanied by someone who can control the pet and unless carried or on a six foot leash. Please be respectful of your neighbor s property and lawns. 7. Pet owners are responsible for immediate clean up after their pets when on another lot or on the common elements of the association. G. Rubbish Removal 1. Trash containers must be protected from animals and are not permitted to remain in public view except one hour before sunset on the day before and the day of collection. 2. No oil, solvent or any other volatile or flammable materials may be poured or allowed to spill into storm sewers, garage drains, driveways or common elements. H. Landscaping 1. Landscaping and normal lawn care is required around all houses. Lawn must be mowed regularly and maintained with weed control during the growing season. No unsightly growth shall be permitted to grow or remain upon any lot. 2. Yards must be landscaped within one hundred eighty (180) days after the closing or after the home is occupied, whichever occurs earlier. Landscaping plans must be submitted and approved in writing by developer Architectural Review Board. A minimum of three trees, at least 1.5 trunk diameter, per lot are required in addition to any trees provided by the developer. Fruit bearing trees are not permitted in the front yard. 3. No change shall be made to the original graded position of each owner s lot. The Reserve at Emerald Estates Page 7 of 14

8 4. At a minimum, the original landscaping, as installed by the homebuilder or developer or the landscaping plan approved by the developer Architectural Review Board must be maintained at each home. Significant alterations must be approved by the Board of Directors. 5. Requests for the installation of site lighting including, but not limited to, landscape lights or low voltage decorative lighting shall be submitted in writing to the management company and approved by the Board of Directors. Solar lights are not permitted. Site lighting which interferes with the comfort, privacy or general welfare of lot owners is prohibited. I. Yard Décor These requirements are designed to maintain the curb appeal of the Association, not to reduce a homeowner s individuality. Visitors and prospective buyers judge the development as a whole and we want to be sure to make a pleasant and welcoming first impression. Homeowners are permitted to display decorative personal property items on their patios or decks or in backyard planting beds. 1. One (1) American flag displayed from a bracket attached to the trim of the garage door or front porch posts is permitted. Flagpole installation must be requested and approved in writing by the Board. 2. Decorative flags are limited to the backyard patio or deck and must not be larger than eight (8) square feet and not exceed more than three (3) flags. 3. Garden statuary and other yard artifacts may be displayed in the front planting bed so long as they are not larger than two (2) foot in height, and do not exceed more than three (3) items. An exemption is permitted for planters such as those made of ceramic, stone, or similar conventional design. 4. Seasonal decorations are permitted. Holiday decorations must be removed within four (4) weeks of the holiday. 5. One (1) home security system sign is permitted. Section 2 - Architectural Guidelines In order to maintain the architectural character of the Association, no significant additions or alterations of any kind are permitted to the exterior of homes including landscaping without the prior, written consent of the Board of Directors. Review of architectural change requests, submitted by a homeowner, will be in accordance with the following procedure and with the parameters listed below: The written request must be submitted to the management company. The management company will copy and distribute all written requests to the Board of Directors. The Board of Directors will notify the homeowner in writing, through the management company, of approval or denial of the request. The Reserve at Emerald Estates Page 8 of 14

9 Homeowners are responsible for any damage to a Common Element or a neighbor s property that occurs due to the installation process. A. Awnings 1. Only cloth awnings are permitted and should coordinate with the exterior color of the home. Stripes and solids are permitted, floral patterns are not. Awning material must be maintained. Faded or torn fabric must be replaced or removed. B. Railings 1. All deck and balcony railings shall be wood or other material as approved by the Board, and stained the same color as the deck or balcony or to match house exterior or trim color. 1. No solar panels are permitted. C. Solar Panels & Skylights 2. Skylights may be used on a back roof facing the rear of a lot. Installation of skylights after the home is built must be approved by the Board. 3. Other locations may be approved depending on the design and particulars of the home. D. Satellite Dishes & Antennas 1. Installation of any satellite dish and only antennas expressly permitted by the Federal Communications Commission over-the-air reception device (OTARD) rules are permitted within the Association. Satellite dishes are limited to one meter (approximately 39 inches) or less in diameter. No TV antennas or cell towers shall be erected or permitted on the roof or exterior wall of any home. 2. Satellite dishes must be located in the rear yard or on the rear of the home in such a manner so as not to be visible by a person standing on the street directly in front of the home. Other locations are permitted only if placement under these guidelines precludes reception of an acceptable quality signal. 3. Each owner shall maintain any satellite dish in a reasonable manner to avoid it becoming unsightly. 4. Each owner shall remove any satellite dish upon cessation of its use. 5. No wires for the transmission of electricity, audio and/or video communications are permitted above the surface of the ground on any home. The Reserve at Emerald Estates Page 9 of 14

10 E. Sunrooms & Porch Enclosures 1. A site plan of your home, showing the floor plan and dimensions to scale for the proposed addition of a sunroom or porch enclosure must be submitted to and approved by the Board in writing. 2. Types of materials to be used, including windows and doors, if any, must be listed. 3. The color and type of exterior, doors, and architectural details must also be listed. 4. Any additions must be integrated into the design of the home and blend together. F. Mailboxes 1. Phase I individual mailboxes and newspaper boxes are provided by the developer at a cost to the homeowner. 2. The Phase I mailboxes and newspaper boxes, once installed, are maintained and replaced by the homeowner and must be of a conforming style to maintain uniformity in the Association. Conforming mailboxes are manufactured by: Imperial Mailbox Systems - Millbrook, AL 36054, Ph Although they do not offer online direct orders, as of this writing, the nearest authorized dealers are: The Original Mailbox Co. Avon Lake - Bill Ruda The Mail Box Factory Cleveland - Bob Kritzberger Currently the only approved conforming mailbox catalog number is 331K House numbers must be placed on the individual mailboxes. 4. Phase II mailboxes are a central unit required by the U.S. Postal Service and provided by the developer. G. Patios, Decks, Pergolas & Pavilions 1. A site plan of your home, showing the floor plan and dimensions to scale for proposed patio or deck must be submitted to and approved by the Board in writing prior to beginning any construction. Patios and decks are not permitted in the front yard. 2. Types of materials to be used, including style, color, and other architectural details must be listed. 3. No portion of the patio or deck may be wider than the home. Decks must be painted and/or stained regularly to maintain a neat and attractive appearance. H. Play Equipment & Basketball Hoops 1. Play apparatus, trampolines, or structures must be located in the rear yard and not located within any side or rear setback lines. The Reserve at Emerald Estates Page 10 of 14

11 2. Structures must be wood, or if another material, approved by the Board. Wooden structures must coordinate with the exterior color of the home and maintained. 3. Basketball hoops, permanent or portable, must have a clear view backboard. 4. The post, if painted, should be in subdued colors so as to blend in with the surrounding as much as possible. 5. Any backboard or goal that becomes broken or damaged, must be repaired, replaced or removed. Any lighting for the goal must be directed away from any home or patio or deck areas. 6. No basketball hoops are permitted in the front of any lot or home. No goal may be attached to any home or garage. All basketball hoops must be located at least ten (10) feet back from any property line. 7. Installation of play apparatus, trampolines, or structures whose total exceed 500 square feet must be submitted to and approved by the Board. I. Fencing 1. Fences are permitted in the rear yards only. No fences are permitted from the house to the street. 2. On corner lots, fences may not be placed within the setback on the side street. 3. Invisible fencing for pets is encouraged. 4. Mesh-type and privacy fences are strictly prohibited in all instances. 5. A site plan showing the dimensions to scale and location for a proposed fence must be submitted to and approved by the Board in writing prior to beginning any construction. The proposal must include details of the fence design and should conform to the aesthetic of those fences previously approved in the Association. 6. Any fence approved must be erected not less than two (2) inches from the property line. 7. The Association reserves the right to restrict fencing in areas where its presence would adversely impact the aesthetics of the community. J. Outbuildings, Air Conditioning & Heat Pump Equipment 1. No detached garage is permitted without explicit written approval. 2. Pool pump buildings are permitted in the rear yard with prior written approval. 3. Pool pump structures must have shingles and an exterior that matches the home. 4. Air conditioning and heat pump equipment shall be located in side or rear yards. The Reserve at Emerald Estates Page 11 of 14

12 5. To the extent as reasonably possible, such equipment shall be screened from view with landscaping in a manner appropriate for each particular lot. Section 3 Policies, Procedures & Fees A. Annual HOA Fees, Lien Procedure & Collection Policy 1. All assessments, including maintenance fees, are due on the first (1st) day of the year and are considered late if not received by the thirty-first (31st) of March. 2. An administrative late charge of $25.00 per quarter shall be incurred for any late payment and on any unpaid balance of the assessment. (Subject to increase upon further notice.) 3. Any payments made shall be applied in the following order: a. Interest and/or administrative late fees owed to the Association b. Collection costs, attorney s fees incurred by the Association c. Principal amounts owned on the account for common expenses and assessments. 4. Any past due assessments may cause a lien and foreclosure to be filed against the Home/Lot. 5. Any costs, including attorneys fees, recording costs, title reports and/or court costs incurred by the Association in the collection of delinquent assessments shall be added to the amount owed by the delinquent Owner. 6. If any Owner (either by his or her conduct or by the conduct of any occupant) fails to perform any act that he/she is requested to perform by the Declaration, the Bylaws or the Rules, the Association may, but shall not be obligated to, undertake such performance or cure such violation and shall charge and collect from said Owner the entire cost and expense, including reasonable attorney fees, of such performing or cure incurred by the Association. Any such amount shall be deemed to be an additional assessment and shall be due and payable immediately following notification of such charge, and the Association may obtain a lien for said amount in the same manner and to the same extent as if it were a lien for common expenses. 7. If any Owner is delinquent in the payment of any fees for more than thirty (30) days, the Board may suspend the privileges of the Owner to vote. B. Complaint Procedure 1. Complaints against anyone violating the Restrictions, Bylaws or Rules must be made in writing to the management company and contain the name and address of the individual filing the complaint. Complaints submitted via are accepted. 2. The management company will contact the alleged violator after the receipt of each complaint and a reasonable effort will be made to gain the violator s agreement to cease the violation. The Reserve at Emerald Estates Page 12 of 14

13 3. Any dispute to the alleged complaint must be submitted to the management company in writing in order to be considered. 4. If reasonable efforts to gain compliance are unsuccessful, the violator will be subject to a sanction in accordance with the penalty provisions contained hereunder. C. Enforcement Procedure 1. The owner shall be responsible for any violation of the Declaration, Bylaws or Rules by the owner, guests, occupants, or tenants, of his/her home. 2. Notwithstanding anything contained in these Rules, the Board shall have the right to proceed, immediately or otherwise, with legal action for any violation of the Association s governing documents, as the Board, in its sole discretion may determine. The entire cost of effectuating a legal remedy to impose compliance, including court costs and attorney fees, shall be added to the account of the responsible owner. 3. All costs for extra cleaning and/or repairs stemming from any violation will also be added to the responsible owner s account. 4. In addition to any other action and in accordance with the procedure outlined in Section 5 below, actual damages and/or an enforcement assessment of up to but not exceeding $50.00 per occurrence, or if the violation is of an ongoing nature, per day, MAY be levied by the Board against an owner in violation. 5. Prior to the imposition of an enforcement assessment for a violation, the following procedure will be followed: a. Written notice(s) will be served upon the alleged responsible owner specifying: 1. A reasonable date by which the owner must cure the violation to avoid proposed charge or assessment; and 2. A description of the property damage or violation; and 3. The amount of the proposed charge and/or enforcement assessment; and 4. A statement that the owner has a right to, and the procedures to request, a hearing before the Board to contest the proposed charge and/or enforcement assessment. b. To request a hearing, the owner must mail or deliver a written Request for a Hearing notice which must be received by the Board not later than the tenth (10th) day after received the notice required by Item 5-a above. 1. If an owner timely requests a hearing, at least seven days prior to the hearing the Board shall provide the owner with a written notice that includes the date, time, and location of the hearing. If the owner fails to make a timely request for a hearing, the right to that hearing is waived, and the charge for damages and/or enforcement assessment will be immediately imposed; and The Reserve at Emerald Estates Page 13 of 14

14 2. At the hearing, the Board and alleged responsible owner will have the right to present any evidence. This hearing will be held in Executive Session and proof of hearing, evidence or written notice to the owner to abate action, and intent to impose an enforcement assessment shall become a part of the hearing minutes. The owner will then receive notice of the Board s decision and any enforcement assessment imposed within thirty (30) days of the hearing. 6. The Association may file a lien for an enforcement assessment and/or damage charges which remain unpaid for more than ten (10) days. D. Board Review Procedure 1. Any architectural requests from the home owners will be reviewed by the board. The board will review each request based on a review of the association s legal documents, this rules book, conformity of the request within the association and how the change will affect the views of the adjacent neighbors. The board, at their discretion, may contact neighboring home owners to gather their opinions about the proposed alteration. Should a request be deemed to be an unattractive view to a neighboring home, as decided by the board, the homeowner making the request may be required to provide some type of screening. This screening may be fencing, landscaping or other material as the board may deem appropriate for the nature of the request. Any additional screening will be at the requesting home owner s expense. E. Sale of a Home 2. For Sale signs are permitted, but cannot exceed ten (10) square feet in area. Open House signs are permitted limited to the day of the open house. 3. Any signs or advertising are allowed while the work is being performed. 4. There shall be no For Rent signs placed by anyone. 5. The seller is responsible for providing the buyer with the following: a. A copy of the Declaration of Reservations, Covenants, Restrictions and Conditions. b. A copy of the Bylaws. c. A copy of the Handbook of Rules and Information. 6. A $ charge, at the time of the printing of this rules book, is applied to the homeowner for all sales and refinances if information is requested by the lender, appraiser, real estate agent or title company including, but not limited to status of dues, resale certificate, lender questionnaire, refinance or related forms. The Reserve at Emerald Estates Page 14 of 14