Raintree Homeowners Association, Inc. Rules and Regulations

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1 Raintree Homeowners Association, Inc. Rules and Regulations 2018 To all Residents of Raintree: Pursuant to Article VII Section 1a of the By-Laws and Colorado law, Raintree Homeowners Association, Inc. (HOA), through the Board of Directors of Raintree Homeowners Association, Inc., has adopted the following Rules and Regulations governing the use of Common Areas, exterior open space, and facilities as well as the conduct of residents and their guests. Failure to comply with these Rules and Regulations may result in the suspension of the resident s right to use the recreational facilities (Article VII, Section 1b of the Bylaws and Article II, Section 1b of the Declaration of Covenants, Conditions, and Restrictions). In addition, in accordance with the By-Laws (Article VII, Section 1a), the Board of Directors shall have the power to establish penalties for infractions of these Rules and Regulations which shall be assessed against the Homeowner of the residence in violation as detailed in these Rules and Regulations. Homeowners who are delinquent in their Homeowner's assessments and/or fines and penalties and their tenants or guests are subject to suspension of privileges to use the recreational facilities. Compliance with City and County of Denver and State of Colorado Ordinances: All Homeowners, tenants, and guests are expected to comply with the ordinances governing the City and County of Denver and the State of Colorado. Applicable ordinances may be found online at: Raintree Homeowners Association, Inc s website can be found at: hoaraintreedenver.wordpress.com

2 Procedure for Notice of Offense or Violation, Fines, and Hearing Process: Any violation of these Rules and Regulations shall result in a warning and/or fine assessment after Notice and the opportunity for a hearing according to the procedures stated in the Raintree Homeowners Association Governing Policy - Enforcement of Covenants and Rules Policy. Any legal fees incurred by the Raintree Homeowners Association, Inc. shall be added to the fine assessment. The graduated fine process shall be: 1. First Offense/Violation - A written notice is sent to the Homeowner of the residence. 2. Second or Continued Offense/Violation - A $100 fine shall be assessed against the Homeowner of the residence. 3. Third or Continued Offense/Violation - A $200 fine shall be assessed against the Homeowner of the residence. 4. Fourth or Subsequent Offense/Violation - A $500 fine shall be assessed against the Homeowner of the residence. 5. A Continuing Offense/Violation past a Fourth Fine - A $100 a day fine shall be assessed against the Homeowner of the residence. Notices of offenses or violations to the Rules and Regulations shall be sent to the Homeowner by the Managing Agent on behalf of the HOA Board. The Homeowner shall have an opportunity for a Hearing. Should the Homeowner desire a Hearing, this desire shall be communicated via (preferred) or by telephone to the Managing Agent within the time limits stated in the Raintree Homeowners Association Governing Policy - Enforcement of Covenants and Rules Policy. The Managing Agent shall schedule a hearing before a quorum of the HOA Board. Such Hearings shall be scheduled at the beginning of the next regularly scheduled HOA Board meeting following the date at which the Managing Agent receives the request for the Hearing. The Hearing shall be open to all persons. Now, therefore, effective October 17, 2016 the Board of Raintree Homeowners Association, Inc. hereby establishes the following Rules and Regulations of the Association. 2

3 1. General Regulations a. Respect and cooperation should be shown for one another so that everyone can enjoy Raintree. Nuisance activities which interfere with the quiet use and enjoyment of a residence, common area, and/or exterior open space are prohibited. b. City and State ordinances require each residence to have carbon monoxide detector(s), smoke detector(s), and a fire extinguisher. Homeowners are required to file a Residential Fire Safety Report with the HOA, through its Managing Agent, every 6 months. This report can be found on the Raintree website: c. Many items in these Rules and Regulations as well as in the attached Architectural Rules call for notifying the HOA Board through its Managing Agent. i. The process to notify the Managing Agent is to contact the Managing Agent in writing by (preferred), USPS mail, or fax. ii. Each request must include the Homeowner s name, unit number, contact information, and a short narrative of the request. iii. The Managing Agent is: HOA Simple Attn: Emily Bresina PO Box Denver CO (office) (fax) iv. The Managing Agent will follow up with the Homeowner. 2. Pets a. The Animal Ordinance of the City and County of Denver must be followed. No breed which is illegal within the City and County of Denver shall be kept in the complex. b. No livestock, poultry, or exotic animal shall be kept or bred in the complex. c. No pet shall be kept for commercial purposes. d. Pet owners must immediately clean up after their pet in a suitable manner (mutt mitts are provided on the property) and promptly dispose of waste in an HOA-provided dumpster. e. Homeowners shall be billed for the cost of sod replacement and landscaping damage caused by the Homeowner s or his/her tenant s or guest s pet. f. All pets to include dogs, cats, ferrets, iguanas, etc shall be leashed at all times when outside and shall not be allowed to roam unrestrained on the common areas or exterior open space. 3

4 g. Pets shall not be tethered outdoors or on the balconies while unattended so as to become a nuisance to others from barking or other such cause or to be a danger to the animals themselves. h. Any animal found to be vicious or excessively noisy may be in violation of various City ordinances and a disturbance of the peace charge may be filed against the owner of said animal. Residents are urged to call Animal Control ( ) or the Denver Police Department to report any complaints. i. Pets shall not be permitted in the swimming pool enclosure or any other fenced enclosure in the complex. 3. Motor Vehicles - Parking a. Fire Lanes - As required by the City and County of Denver, ticketing and/or towing and impoundment shall occur when any vehicle is parked partially or completely in a fire lane or within five (5) feet of a fire hydrant. b. Parking Areas within the complex are designed for motorcycles, automobiles, and light duty trucks only. Oversized vehicles which require more than one parking space in width or depth, trailers, heavy duty trucks, and recreational vehicles are not permitted to be parked within the complex. Oversized delivery or service vehicles, while making a delivery, pickup or service call, are permitted within the complex. c. Motorcycles - Until such time as dedicated motorcycle parking spaces are created, motorcycles are encouraged to use any unmarked spaces as long as access to walkways, garage spaces or doors, or other parking spaces is not impeded. d. Residence Assigned Parking - Each residence is assigned two (2) parking spaces. These spaces are the one (1) garage space associated with that residence and the one (1) space directly outside and behind the garage space. i. Homeowners, when leasing their residence to others, shall not separate the assigned parking and/or storage spaces from the residence (i.e. the tenant has full rights to the assigned parking and/or storage spaces). ii. The parking space in the garage is to be used solely for vehicle parking. A vehicle is defined as a properly licensed and operational car, truck, motorcycle, and/or trailer. In addition, the vehicle cannot be so large as to obstruct a pathway around the vehicle or impact the operation of the garage door. iii. No food of any kind (people or pet) shall be stored in the garage since this attracts rodents. e. Additional Resident Parking spaces are available in the drive areas. These additional resident parking spaces are the unmarked, lined spaces. i. These additional resident parking spaces are available on a first-come, first-served basis. 4

5 ii. Vehicles using an additional resident parking space must be in regular use and shall not remain parked without moving for more than five (5) consecutive days. iii. No resident and his or her regular house guest shall use more that one additional resident parking spaces on a consistent basis. This space is in addition to the residence s two assigned parking spaces. In the event that the resident and his or her regular house guest require additional parking spaces, the public streets that surround the property are available for parking. f. Visitor Parking spaces are available in the drive area. These Visitor parking spaces are marked as such. i. Visitor parking spaces are available on a first-come, first-served basis. ii. Vehicles using a visitor parking space must be in regular use and shall not be continuously parked in the complex for more than five (5) consecutive days. g. Mail Shed Parking spaces are available near each mail shed. These spaces shall only to be used for very short term parking while retrieving the resident s mail. 4. Motor Vehicles - Maintenance a. No automobile maintenance, mechanical, body, or engine work for commercial and/or business purposes shall be performed in the complex. b. Only work on a resident s personal vehicle is permitted under the following conditions: i. The work is performed in one of the two residence s assigned parking spaces (the garage stall or space directly behind the garage stall). ii. Only minor automotive maintenance that is completed within six (6) consecutive hours shall be permitted. Examples may include oil change, tire rotation, topping off of fluids, and battery or other defective part replacement. iii. Spray painting is specifically prohibited due to the close nature of the parking spaces. iv. Any waste which may represent an environmental or oversized hazard (tires, batteries, fluids, heavy or contaminated parts, etc.) must be removed from the property to be properly disposed of. The common dumpsters shall not be used for this purpose. v. The automotive maintenance shall not be a nuisance to others through loud or repetitive noises, occupying more than the residence s assigned parking spaces, scattering of parts, or spillage of fluids. 5

6 vi. The resident is responsible for cleaning up and repairing any damage to the garage floor or drive caused by the the repair work or any fluid spillage. 5. Motor Vehicles - Inoperative, Unused, Unregistered or Abandoned Vehicles a. All vehicles in the complex must have current, valid license plates and registration and be operable. b. Vehicles that have not moved under their own power for more than five (5) days, are inoperable, have unregistered, expired or missing plates, and/or have been abandoned shall not be permitted in the complex. c. Any such vehicle is subject to a fine and/or towing. 6. Motor Vehicles - Towing a. Signage is posted at each of the three main entrances to the complex as to the name and telephone number of the towing company that has been authorized by the HOA to handle any towing in the complex. b. Any vehicle which blocks a fire lane or fire hydrant is subject to towing. c. Any vehicle which partially or fully blocks a residence s assigned parking space is subject to towing. i. A resident is encouraged to call the non-emergency police number to initiate a towing request if a vehicle is blocking that residence s assigned parking spaces. ii. However, since time can be critical, the resident may call the HOA s designated towing company directly to initiate the towing of a vehicle that is blocking that residence s assigned parking spaces after the resident has made a reasonable effort to locate the vehicle s owner. d. Any vehicle that occupies more than one marked parking space is subject to towing. e. Any vehicle that is inoperative, unused or abandoned is subject to towing. f. Any vehicle that is blocking traffic is subject to towing. 7. Exterior Open Spaces a. Ball playing and other play in the open space needs to be balanced with other residents desire for quiet enjoyment of the property. i. Group play where the majority of participants are not residents of Raintree is prohibited. ii. Hard balls or other projectiles are prohibited. These items include baseballs, softballs, golf balls, tennis balls, footballs, soccer balls, basketballs, lacrosse balls, hard tipped yard darts, and pellet/paint/bb guns. iii. Soft-sided Nerf-style balls or other projectiles are permitted. These items include nerf balls, frisbees, corn hole/beanbag toys, and soft kickballs. 6

7 iv. Play needs to rotate around the green space so as to not wear out one specific area of turf. b. Recreational items, children s toys, bicycles, and other Personal items shall not be left unattended in the exterior open spaces. c. For safety concerns, children age ten (10) and under must be supervised by an older guardian or parent. d. Any repair or replacement to a system or landscape that is necessary due to damage that is caused either intentionally or accidentally by a resident, resident s child, or guest can be back billed to the Homeowner. Examples of damage can include sprinkler heads, sprinkler lines, tree limbs, flower beds, other landscaping, or pool equipment. e. The HOA maintains a pool and water is a shared expense for the entire HOA. As such, the use of inflatable pools or slip and slide style water toys is prohibited. 8. Pool Regulations a. The pool and pool area are solely for the exclusive use of residents and their guests. b. There is no lifeguard on duty. All residents and their guests using the pool do so at their own risk. c. For safety concerns, children age twelve (12) and under must be supervised by an older guardian or parent. d. Guests must be accompanied by a resident. Each residence is limited to two (2) guests at a time in the pool area. e. The pool is open for lap swims only between the hours of 7:00 AM until 9:00 AM daily. f. The pool is open for general use between the hours of 9:00 AM until 9:00 PM daily. g. Use of the pool outside of posted pool hours is strictly prohibited. h. Residents must have a personal ID and Raintree ID with them at all times while in the pool area. Residents without ID may be asked to leave the pool area. i. Homeowners are responsible for obtaining a key and Raintree ID from the Managing Agent. The first key and Raintree ID is complimentary. Replacement keys and Raintree IDs are available through the Managing Agent and are $25 for the pair. j. Pets are not permitted in the swimming pool or swimming pool enclosure. k. Glass containers and/or bottles are prohibited in the pool area. l. The pool gate shall not be propped open. It shall remain closed and locked at all times. m. The pool area cannot be reserved for private parties. n. BBQ grills or other cooking appliances are prohibited in the pool area. 7

8 o. It is everyone s responsibility to keep the pool area clean. Please use the trash can. p. Headphones are encouraged when listening to music. Radio or amplified music may be used so long as the volume is kept low so as to not disturb other pool patrons or nearby residents. q. Horseplay, drunkenness, yelling, screaming, running, diving, excessive splashing, or any other dangerous activity is prohibited. r. Smoking of any kind is prohibited in the pool area. s. Standard swimwear is required. Cut offs, tee shirts, and other street attire is prohibited. t. The safety equipment is for emergency use only. u. Child floatation devices can be used only when under direct adult supervision. v. Larger floatation devices may be used with discretion if the pool is relatively empty. If others are using the pool, larger floatation devices shall be removed so as to avoid monopolizing the pool. w. Remember, using the pool area is a privilege subject to the Rules and Regulations of the Raintree Homeowners Association. As such, any Association member (Homeowner) may ask anyone who is violating the rules to leave the pool area. 9. Trash a. All trash must be placed in the HOA-provided dumpsters. b. Trash shall not be left unattended anywhere on the property except within the HOA-provided dumpsters. This includes outside of a residence, within a garage, or on any common property outside of an HOA-provided dumpster. c. Trash shall mean any household waste, pet waste, abandoned possessions, discarded furniture, or discarded building materials. d. Any item that is too large to fit within the dumpster and still allow the lids to properly close must be removed from the property at the Homeowner s expense. 10. Tennis Court Regulations a. An amendment to the Declaration of Covenants, Conditions, and Restrictions was approved in June, 2014 to repurpose this space. b. Until the work is completed to repurpose this space, the area is closed and locked. No one is to use this space. 11. Architectural Rules a. Rules governing architectural items are discussed in a separate document titled Architectural Rules. This document, along with its supporting appendices, are part of these Rules and Regulations. b. Topics covered by the Architectural Rules include, but are not limited to: i. Common Areas ii. Exterior Paint and Exterior Surfaces including Balconies 8

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