2. STORAGE ON THE PROPERTY:
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- Bertram Ferguson
- 6 years ago
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Transcription
1 Rules and Regulations of the Ashcroft Community Association 1. SINGLE FAMILY: All residences property shall be used for single family residential purposes only. All structures erected within the property shall be of new construction and no subsequent construction shall be built on any Lot previously developed with a Dwelling. No vehicle, outbuilding or other structure other than a Dwelling, as defined herein, shall be used as a residence, either temporarily or permanently, on any part of the property. 2. STORAGE ON THE PROPERTY: a) Commercial vehicles, tractors, mobile homes, recreational vehicles, trailers (either with or with out wheels), campers, camper trailers, boats and other watercraft, boat trailers and unlicensed or inoperable motor vehicles or vehicle equipment, including but not limited to snow plows, salt spreaders, etc., shall be parked and stored within the garage of the residence, except when the boat, trailer or vehicle equipment is being moved in or out within a seventy-two (72) hour time frame. Operable licensed motor vehicles, including motorcycles, shall not be parked on the lawn or on any other areas of outdoor open space, except on the Owner s respective driveway or driveway easement. As used herein, the term commercial vehicles does not include two (2) axle vehicles, which are not larger than passenger vans or pick-up trucks. b) All sheds will require landscaping surrounding the structure and must be constructed of wood or plastic material. No metal sheds will be allowed. A permit from the Village of Oswego and an association ARC form are required prior to construction of any storage unit. All outside storage units such as smaller plastic storage containers that are not considered a shed by the Village of Oswego shall be required to be screened and/or landscaped. 3. CONDITION OF PROPERTY: a) The homeowner shall keep their property free and clear of all rubbish, debris and all other unsightly materials or conditions; no waste shall be permitted thereon. All rubbish, trash, refuse/recycle containers or bags shall be kept indoors so as not to be seen from neighboring residences or streets, except on scheduled collection days. Lawn Bags or brush piles shall be kept indoors or out of view from the street until scheduled pick up. b) Rubbish, trash, lawn or bush clippings shall be regularly removed from the property and shall not be allowed to accumulate thereon. c) Grass shall be maintained at a height not to exceed eight (8) inches. d) Landscaping shall be maintained and not allowed to become overgrown to the point at which it blocks, partially or completely, public sidewalks, access to residence, or shared areas between fencing. e) All exterior painted surfaces shall be maintained and kept free of peeling paint and rotten wood. 4. ADVERTISING AND SIGNS: No advertising signs, billboards, objects of unsightly appearance or nuisances shall be erected, placed or to remain on the property. Not more than one For Sale, For Rent or Garage Sale sign of not more than three (3) square feet displayed by an Owner on his Lot.
2 5. NOXIOUS OR OFFENSIVE ACTIVITY: No noxious or offensive activity shall be conducted upon any of the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Without in any way limiting the effect of the foregoing, the following activities are specifically prohibited: a) The burning of refuse, leaves, or yard waste. b) To the extent permitted by law, the maintenance of exterior television or radio antennas, satellite dishes, poles, wires, rods or other devices in connection with the reception or transmission of any television, radio or other electrical signal shall not be visible from the street. Satellite dishes, which do not exceed 18 in diameter, may be installed in a concealed location as signal reception allows. Satellite dishes may not be installed in the front yard or attached to the front of the residence including the roof area. c) Window air condition units shall not be utilized unless required for documented medical reasons. d) Permanent clotheslines shall not be installed on the property. Temporary, removable clotheslines or clothes poles shall be permitted but must not be visible from the Street and taken down when not in use. Items shall not be left on clotheslines or poles overnight. e) Noxious or offensive activities shall not be carried on at any dwelling structure. Owners, his family, tenants, guests, and invitees shall refrain from any act or use of the dwelling, which would cause disorderly, unsightly or unkempt conditions, or which could cause embarrassment, discomfort, annoyance or nuisance to the occupants of any other dwelling unit. 6. FENCES: The erection or maintenance of chain link fencing or chain link dog run shall be expressly prohibited. The Owner at the Owner s expense shall maintain all allowable fences. A permit must be obtained from the Village of Oswego, and an association ARC form shall be filled out for the construction of any fence. 7. ABOVE GROUND POOLS: a) A permit is from the Village of Oswego and an association ARC form is required prior to construction of any permanent pool. b) Above ground pools will require screening and/or landscaping to the full height of the pool wall. 8. RULES AND REGULATIONS: The Board shall adopt such other rules and regulations from time to time governing the use and enjoyment of the Property, Common Area and Common Facilities. These rules shall be subject to approval by a 51% majority vote of the members of the association. In the event a rule or regulation needs to be changed or adopted in a timely manner, the Board of Directors of the Association may adopt such changes or additions in its sole discretion as deemed appropriate or necessary. These changes or additions may be overturned by a 51% majority of eligible voting members. This Rules and Regulations document shall supersede all use restrictions as printed in the Declaration. 9. HOLIDAY DECORATIONS AND LIGHTING: Winter holiday lighting shall not be illuminated and yard decorations shall not be displayed after January 10 th of the year following the winter holiday season. Winter holiday lighting or decorations which require the use of a ladder to be taken down, shall be taken down by March 1 st (weather permitting at Boards discretion) of the year following the winter holiday season. All other holiday decorations utilized throughout the year shall not be displayed more than ten (10) days following the holiday for which they are displayed.
3 10. SPORTS OR RECREATIONAL EQUIPMENT: No basketball hoops and backboards other than those mounted on freestanding poles or portable units shall be installed on a residence. Basketball hoops, hockey or soccer nets or any other types of sports or recreational equipment shall not block public access to sidewalks or streets. 11. PUBLIC HEALTH AND SAFETY: No actions shall be allowed that are deemed a public health or safety hazard, including but not limited to: a) All dogs must be contained by an approved fence, leash, tie out, or invisible fence. At no time shall a dog be left unattended in the front yard or anywhere it can reach a public sidewalk, regardless of containment method. b) Pets shall consist of dogs, cats, exotic birds or other small animals found in a common pet store. No livestock or poultry shall be kept or bred on the property. c) All pets must be immediately cleaned up after on, public, Park District (paved path), or Association owned property. Pet waste shall not be allowed to accumulate on an Owners property, to the point where it is a nuisance or hazard to the occupants or the public. d) No motorized vehicles including but not limited to all terrain vehicles (atvs), dirt bikes, snowmobiles, etc. shall be utilized on any public, Association or Park District (paved path) property. Vehicles that are not licensable shall not be operated on any public street or sidewalk. Exceptions from this would include slow moving (max speed less than 5mph), electric vehicles typically designed for small children. e) The discharge of firearms anywhere with in the Property is prohibited. The term firearms includes BB guns, pellet guns, and all other firearms of all types regardless of size. 12. PROPERTY IMPROVEMENTS: A permit must be obtained from the Village of Oswego for any improvement that requires one. All Village ordinances/building requirements will be enforced redundantly by the Board and are considered to be part of this document. An association ARC form shall be filled out and approved by the Association Board of Directors or their designee prior to the Village s approval of the permit. 13. ENFORCEMENT: Violations in part or whole of any rules and regulations shall be subject to following procedure: a) Homeowners are encouraged to contact the Village of Oswego Police Department regarding violations of Village Ordinances. b) Any complaint that alleges a violation of the Declaration or of these Rules and Regulations of the Association shall be made by phone, in writing, or to the Association Property Management Company. The homeowner making the complaint shall remain anonymous to the association membership, excluding the Board of Directors. All complaints shall contain at a minimum the following information: a. The name, address and phone number of the complaining witness. b. The specific details or description of the violation, including date, time, and location where the violation occurred. c. If required by the Board of Directors or the Property Management Company, a statement by the complaining witness that he/she will cooperate in the enforcement procedures and procedures and provide testimony at any proceedings which may be necessary. c) The complaint will be reviewed by the Property Management Company to determine if it is in violation of these Rules and Regulations or the Declaration. If not, the Property Management Company will communicate to the homeowner complaining the complaint is not valid.
4 d) If the complaint is found to be valid, the Property Management Company will send written notification of Violation to the Owner via The United States Postal Service. The Owner will have thirty (30) days from the time of notification to respond with evidence of correction, or an acceptable timeline of correction. e) Any homeowner charged with a violation is entitled to an opportunity for hearing. If the homeowner desires a hearing, the homeowner must proceed as follows: a. Within ten (10) business days after the Notice of Violation has been received, homeowner must submit to the Board of Directors care of the Property Management Company for the Association, a request in writing of a Board hearing concerning the violation. b. If a request is timely filed, a hearing on the Notice of Violation by the Board shall be scheduled within twenty one (21) business days after receipt of the request for a hearing, and the homeowner shall be notified in writing as to the time and place for such hearing. c. At any such hearing, the Board shall hear and consider arguments, evidence or statements regarding the alleged violation, including the opportunity to hear from the homeowners receiving the Notice of Violation, along with any witnesses on his or her behalf to defend the homeowner. All hearings shall proceed as scheduled unless a substitute date has been agreed to by the Board. Within ten (10) business days following a hearing and due consideration, the Board shall issue its determination regarding the alleged violation. A decision of the Board shall be final and binding on the homeowner and the Association. d. Payment of any assessments, charges, costs, or expenses made pursuant to the provisions contained herein shall not become due and owing until the Board has completed its determination. Notification of the Board s determination shall be made in writing. f) If no request for a hearing is made within ten (10) days, a hearing will be considered waived and the allegations admitted by default. Appropriate sanctions, if any, shall then be imposed at a meeting of the Board. The homeowner shall be notified of any such determination in writing. g) The following penalties/fines apply to violations of the Declaration or of these Rules and Regulations: a. A twenty-five dollar ($25) fine will be assessed if violation has not been corrected after the thirty (30) day period, or if violation is a second offense of the same rule and regulation. b. A fifty dollar ($50) fine will be assessed if violation has not been corrected after a sixty (60) day period has passed from the time of original notification, or if violation is a third offense of the same rule and regulation. c. A seventy-five dollar ($75) fine will be assessed if a violation has not been corrected, or previous fine has not been paid, after a ninety (90) day period from the time of original notification, or if violation is a fourth offense of the same rule and regulation. d. If a violation has not been corrected, or a previous fine has not been paid after one-hundred twenty (120) days from the time of original notification, or if the violation is a fifth or greater offense of the same rule and regulation the Board, at it s discretion, will seek legal action against the Owner. All legal fees incurred by the Association shall be at the violating Owner s expense, and be reimbursed to the Association.
5 14. Payment of Annual Assessments: Assessment amounts shall be determined by the Board of Directors to meet budgetary needs for the fiscal year and shall be due January 31 st each year. a) Any unpaid portion of the annual assessment past the due date will incur a late fee. A twenty five dollar ($25) late fee will be assessed for each month that the regular annual assessment is past due. b) Payment options may be arranged with the management company, at the Board of Directors discretion, for payment of assessments, late fees or incurred legal fees. This agreement shall be a contract for payment. A breach of the payment schedule shall void the agreement and the remaining balance shall be considered past due and subject to late fees and may be turned over to an attorney for collection. c) At the Board s discretion any account that is past due for 4 months, may be turned over to the attorney for collection. All legal fees incurred as a result of the collection process shall be the responsibility of the association member who is delinquent, and shall be reimbursed to the Association. 15. Rental of Property: a) Not more than 10% of the residences within the Association shall be rented to tenants at any one time. b) The homeowner is responsible for informing the Association Board of Directors via the management company of their new address. c) Tenants who are renting a property with in the Association shall fill out a resident information sheet to be placed on file with the management company. d) The homeowner shall sign a lease rider that the tenants will abide by the Association s covenants, rules and regulations. If this information is not received within thirty days of the move-in/move-out, the homeowner shall be subject to violations and fines.
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