Rules and Regulations Mountain's Edge Master Association

Transcription

1 Rules and Regulations Mountain's Edge Master Association

2 COMMUNITY STANDARDS FOR COMMUNITY LIVING REVISED SEPTEMBER 2016 Notice Date: October 1, 2016 Effective Date: November 1, 2016

3 TABLE OF CONTENTS INTRODUCTION:... 5 ANIMALS:... 6 Breeding... 6 Concern... 6 Control... 6 Feeding wildlife... 6 Injury or damage... 6 Litter... 6 Nuisance... 6 Number of pets... 6 CONTRUCTION/MAINTENANCE HOURS:... 6 HOLIDAY DECORATIONS:... 6 DISTURBANCE... 6 LOCATIONS... 6 TIME... 6 NOISE CONTROL:... 6 Nuisance... 6 PROPERTY MAINTENANCE STANDARDS:... 7 Dwelling maintenance... 7 Equipment storage... 7 Landscape maintenance... 7 Landscape installation requirement... 7 RENTAL AND COMMERCIAL USE LIMITATIONS:... 7 Dwelling usage... 7 Lease restriction... 7 Lease term... 7 Renting rooms... 7 Time share... 7 SIGNAGE - SECURITY AND REALTY:... 7 Campaign signage... 7 Open House signage... 7 Realty signage... 8 Security signs... 8 SPORTS APPARATUS (INCLUDING BASKETBALL HOOPS):... 8 Maintenance... 8 Nuisance... 8 Storage... 8 Submittal... 8 TRASH REGULATIONS:... 8 Container... 8 Debris... 8 Trash pickup... 8 Trash Container Storage... 8 VEHICLE AND PARKING REGULATIONS:... 8 Common Vehicles... 8 Common element parking

4 Driving on common elements... 9 Garages... 9 Recreational Vehicle... 9 Vehicle repair... 9 GLOSSARY OF COMMONLY USED TERMS Association Board of Directors Bylaws CC&R s Commercial Vehicles Common Element Community Contractors DRC Design Guidelines Dwelling Governing Documents Guests, Invitees Improvement Invitees Lot Management Master Plan Member Neighborhood Owners Participating Builder Residents Resolution Rules and Regulations Sub-Association Tenants Unit

5 MASTER ASSOCIATION OFFICE 8090 Blue Diamond, Suite 240 Las Vegas, NV (702) Phone (702) Fax Gary McClain, Community Manager 4

6 INTRODUCTION: These have been established to serve as general Community guidelines for the (Association). They were designed and adopted to enhance property value and enjoyment of the Community without infringing upon the rights or common benefits of all Residents. Observing these standards is the responsibility of each Owner, Tenant, Contractor and Guest. A Glossary of Commonly Used Terms, which defines the capitalized terms used in these and other commonly used terms, can be found on pages of these. Copies of a Resident Concern Form and the Association Violation Enforcement Procedure are also included with these. These have been established as authorized by the CC&R s and may be amended by the Board of Directors from time to time. Upon purchase of a home within the Community, all Owners received copies of the CC&Rs and Bylaws, as well as the Bylaws and CC&Rs for their Sub-Association, if applicable. These are intended to supplement the CC&Rs. All Residents are encouraged to read these community standards and the CC&Rs carefully and ensure that they and their family members, Guests, Tenants and Contractors understand and abide by them.. All Members are fully responsible for the actions of their family, Guests, Tenants and Contractors. This document has been prepared for the use of Association Members. These are subject to the CC&Rs and other Governing Documents of the Association. In case of conflict between these and the CC&R s or other Governing Documents, the CC&Rs shall first prevail, followed in order by the Articles of Incorporation, the Bylaws, the Plat Maps and then the Design Guidelines. Please contact Management at with any questions. 5

7 ANIMALS: Breeding No animals of any kind shall be raised, bred, or kept for any commercial purpose on any Lot. Livestock, poultry, and farm animals are prohibited. Concern Residents who are disturbed by another Resident s pet are urged to contact their neighbor. If this effort does not resolve the issue, a written complaint should be filed with the Clark County Animal Control Department. Residents may also file a written complaint with the Association office about Animal Nuisance Concerns (reference page 9, Nuisance Concerns). Control All pets, including cats, must be kept within an enclosure, an enclosed yard, or on a leash held by an individual capable of controlling the animal at all times. Pets must be kept on a leash no longer than 6 feet. No animal shall be permitted to roam at large in the Common Elements. Feeding wildlife - Residents and Guests shall refrain from feeding mammalian wildlife & nuisance avian species. Injury or damage Owners are responsible and liable for any personal injury or property damage caused by their pets. Litter Any pet debris deposited on lawns, sidewalks, paths, or other Common Elements must be removed immediately by the owner of the animal. Residents are encouraged to carry litter bags when walking with pets. Residents are expected to maintain their yards free of accumulated pet debris and odors. Nuisance The Board can prohibit the keeping of any animal that constitutes, in the reasonable opinion of the Board, a nuisance to any Residents (reference page 9, Nuisance Concerns).. Number of pets No household may keep more than three ordinary pets, unless approved by the Board. CONSTRUCTION//MAINTENANCE HOURS: Construction/Maintenance on any Lot is limited to the hours of 7:00 AM to 6:00 PM, Monday through Friday, and 8:00 AM to 6:00 PM on Saturday. No construction activity is permitted on Sundays or Holidays. Participating Builders are subject to construction hours pursuant to Clark County Code, which is dawn to dusk seven days per week. HOLIDAY DECORATIONS: Disturbance - Residents should make an effort to ensure that lights, particularly blinking lights or very bright lights, do not disturb other Residents. Decorations must be maintained in good repair and safe working order. Locations - Holiday decorations may not be placed on any structure, tree or plant in any Common Element. Time: Holiday decorations should be displayed no more than thirty (30) days prior to the day of the holiday and removed within thirty (30) days after the holiday. NOISE CONTROL: Noise Nuisance The Board shall have the right to determine if any noise or activity producing noise constitutes a nuisance concern (reference page 9, Nuisance Concerns). Residents are asked to be considerate of surrounding Dwellings. No noise or other nuisance shall be permitted so as to be offensive or detrimental to any other Lot or the Common Elements. 6

8 PROPERTY MAINTENANCE STANDARDS: Dwelling maintenance No property shall be permitted to fall into disrepair. Each Owner is required to maintain their Dwelling in good condition and make any Lot Improvements, including but not limited to the exterior repair of residence, patios and other structures, decks, walkways, entry doors, driveways, garage doors, walls and wrought iron fencing and gates. This includes making repairs in a timely manner or replacing any damaged elements as necessary. Faded, chipped or peeling surfaces must be promptly repaired and/or repainted. Equipment storage All garden and maintenance equipment shall be stored out of sight of neighboring Lots and Dwellings when not in use. Landscape maintenance Landscaping must be kept neatly trimmed, properly cultivated, and weed-free. Trees and shrubs should be regularly pruned to avoid creating a maintenance nuisance and or nuisance concern (reference page 9, Nuisance Concerns. to surrounding Lots or Common Elements. Trees and shrubs shall be properly maintained to prevent impeding line of sight for traffic signs and vehicular traffic. They shall not impede passage on sidewalks or cause damage to sidewalks. Trees must not block residential addresses. Rockscape stones and rock mulch must be contained and maintained within planter beds and not allowed to encroach onto other Lots or Common Elements. No portion of landscape shall encroach into utility and postal easements. Landscape installation requirement Every Owner that buys a property that has not yet been landscaped must submit an architectural application to the DRC for the installation of landscaping. Such application must be submitted to the DRC within 360 days of the close escrow. Prior to installation of permanent landscape, consistent effort to control dust and weed nuisance is expected. RENTAL AND COMMERCIAL USE LIMITATIONS: SIGNAGE: Dwelling usage No Dwelling shall be used for any purpose other than single family residential occupancy. Professional and/or administrative occupations are allowed as an ancillary use of the Dwelling, provided there is no external evidence or traffic to the home. Child-care facilities are allowed, provided that the maximum aggregate number of children does not exceed 5 children, including the children that reside in the Dwelling and there is no external evidence of the facility (i.e. signage). Lease restriction All Tenants must comply with these, Design Guidelines, and CC&Rs of the Association. Owners are responsible for their Tenants and Guests, as well as providing them with copies of the Governing Documents. Lease term All leases shall be in writing and for a term of not less than thirty (30) consecutive days in duration for each Tenant. Renting rooms A Dwelling may only be rented or leased in its entirety. Subletting of individual rooms is prohibited. Time share No time-sharing of Dwellings is allowed. Campaign signage (or Political signage) - Professionally prepared campaign signage is limited to one (1) sign per official candidate or issue. Campaign signs may not exceed twenty four (24) inches by thirty six (36) inches, and should be removed within ten (10) days of the end of the campaign. Open House signage Open House signs are permitted only in the front yard of the open house. Signs may not be posted anywhere on the Common Element grounds, streets, medians, streetscapes or walls. Signs found on the Common Elements will be removed and disposed of. 7

9 Realty signage One (1) temporary realty sign advertising a home for sale or rent may be located on the front yard of the Lot. Security signs A maximum of one (1) security service sign is permitted at each ground level access point to the home. Security signs may not exceed 9 x 12 and window decals are permissible. SPORTS APPARATUS (INCLUDING BASKETBALL HOOPS): Maintenance Sports apparatus must be well maintained and in good repair. Nuisance Use of any sports apparatus shall not create a nuisance concern (reference page 9, Nuisance Concerns) for neighboring homes. Hours of use must be reasonable and confined to the hours between 8:00 AM and 10:00 PM. Storage When not in use portable sports apparatus must be stored out of sight of the street or neighboring homes. Submittal All permanent sports apparatus must be submitted to and approved by the DRC in advance of installation. Basketball hoops cannot be mounted onto the house or any other structure on the Lot. Please refer to the Design Guidelines for further information on this procedure. TRASH REGULATIONS: Container Trash containers must be covered and kept in a sanitary condition. Tied plastic trash bags may also be used if they are kept closed and contained. Debris Residents are responsible for picking up trash that is spilled, blown, or otherwise deposited onto the Common Elements or other Owners Lots. No trash or debris can be left in any area that is visible from neighboring Lots or Dwellings, Common Elements, or streets. Trash pickup Trash containers and trash bags may be placed by the curb for pickup 12 hours before pickup and must be removed from the curb no later than 12 hours after pickup. Trash container storage Trash containers for the collection of solid waste or recyclable materials must be stored in the rear or side yard of the unit, in front of or behind the side gate if such locations exist, not breaking the front plane of the residence. VEHICLE AND PARKING REGULATIONS: Commercial Vehicles Commercial Vehicles means every vehicle designed, maintained or used for the furtherance of commercial enterprise. No person shall park, store, or keep any disabled, unregistered, unlicensed, or large commercial-type vehicle (including, without limitation, dump trucks, cement mixers, oil or gas delivery trucks, and other similar vehicles) anywhere within the properties other than fully enclosed within the garage. Commercial Vehicle Specifics 1.) A commercial- type vehicle can be parked on a residential street for the reasonable purpose of prompt loading, unloading, delivery, maintenance/repair and or landscaping. 2.) No person shall park, store or keep anywhere with the Community any vehicles that have toxic or hazardous materials or are deemed a nuisance concern (reference page 9, Nuisance Concerns).. Exclusions to Commercial Vehicles: Excepting and excluding any vehicle that is a taxicab motor carrier as defined in Section of the Nevada Revised Statues (CC A) and any utility service, law enforcement and emergency service vehicles as defined in NRS (as amended 8

10 by AB 129 effective 10/1/09) are excluded from the definition of Commercial Vehicles and these provisions. The Board reserves the right to determine whether any vehicle or vehicular equipment is deemed to be a nuisance. Common Element parking Vehicles parked on the Common Elements may be towed at the Owner s expense. All vehicles, including bicycles and motorized scooters, shall be parked only in designated parking areas such as marked parking spaces and bicycle racks. Driving on Common Elements No motorcycles, dirt bikes, off-road vehicles, or other similar devices, may be operated on any of the Common Elements, including but not limited to the paseos, park areas and pathways. Garages Garages must be maintained for their intended purpose and cannot be converted to living or office space without the prior written approval of the DRC. Garage doors shall be kept closed for safety and security. Garage doors must be maintained. Recreational Vehicles No boat, camper, recreational vehicle, trailer, van, or motor home of any type may be stored or parked on any Lot other than in the garage, except temporarily for the purpose of loading and unloading. The following also applies to recreational vehicles: Wheels of these vehicles shall not be parked on the sidewalks or over the curb; May not be stored in parking lots, easements or other areas owned by the Association. Permanent storage on any Lot other than in the garage is subject to DRC review and approval - dependent upon the size of the Lot and the Recreational Vehicle - and must include full screening from the street. Vehicle repair Vehicle or other equipment repair or service must be confined to the garage. Leaks and/or stains from vehicles in the street and on driveways must be removed and cleaned. NUISANCE CONCERN: Nuisance Concerns Nuisance Concerns shall be reported to Management or the Board Of Directors in writing from a minimum of three (3) impacted households. 9

11 Glossary of Commonly Used Terms These terms are being provided to aid and assist Owners and Residents in understanding and interpreting the Governing Documents of the Association. The definitions are written in laymen s terms for the benefit of Owners and Residents and are not intended to be legal real estate definitions. Owners and Residents are urged to refer to the Governing Documents for the actual legal term definitions. Association, a Nevada nonprofit corporation established to conduct the business, maintenance and governance responsibilities for the Community as a whole. Board of Directors (Board) Elected by the Owners, this is the corporate head of the Association, responsible for all business, maintenance and governance operations. Bylaws - The Bylaws of the Association may be amended from time to time and establish the business procedures of the Board of Directors and the Association. CC&R s - The Master Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for the Community, as recorded with Clark County, Nevada, and as may be amended from time to time. This document addresses the rights and responsibilities of the Association and the Owners with respect to the Community. Commercial Vehicle of commercial enterprise. A Commercial Vehicle means every vehicle designed, maintained or used for the furtherance Common Element - All property within the boundaries of the Association which does not belong to an individual or individuals, or which does not belong to a Sub-Association, and which is available for use by all Residents of the Association. This includes items such as pathways, paseos, lighting fixtures, park benches, street signs, sidewalks, and parks, including structures built within those parks. Community Mountain s Edge, a common-interest planned community development. The standards of conduct, maintenance and other activity designed and adopted by the Board with the intention of establishing and clarifying the minimum expectations for maintaining property value and community harmony within the Community (also called Rules and Regulations ). Contractors - This term applies to all vendors and workers employed or contracted by the Association or the Residents to work in the Community. Contractors employed by the Association work only on Association Common Elements, cannot perform any work on individual homes or Lots and answer only to the Association Board or staff. DRC - Design Review Committee, created pursuant to CC&R Article IV, Section 4.2. This group developed and adopted the Design Guidelines for exterior Improvements to all homes and Lots within the Association. Their responsibility is to ensure adherence to those Guidelines by reviewing all Improvement plans prior to construction and inspecting said Improvement after completion. Design Guidelines - The architectural, design, and construction guidelines and review procedures applicable to all Lots and homes within the Association, originally adopted in June 2005, and as may be amended from time to time by the DRC. Dwelling - A single family home, located on a Lot designed and intended for use and occupancy as a residence by a single family, including any ancillary building such as a casita or guest house. Governing Documents - These are legally binding documents that control the Community. They consist of: The CC&R s, Articles of Incorporation, Bylaws, Plat Maps, Design Guidelines,, and Resolutions of the Association s Board of Directors. These Governing Documents apply to all Owners and Residents in the Community, as well as to their family members, Guests, Tenants and vendors. In case of conflict within the documents, the list above is printed in order of document hierarchy. Guests, Invitees - Each and all of the following: Tenants, Guests, vendors, agents, employees, suppliers, and Contractors (and family members, employees or agents of any of this list). Improvement - Any addition, change or modification to the outside of a Dwelling or on a Lot, regardless of whether it may be seen from the street or a neighboring property. 10

12 Invitees - See Guests Lot The real property, as defined in the Governing Documents which, together with the Dwelling, makes up a Unit within the Association. Unit is used as defined in Nevada Revised Statutes, Chapter 116, which governs common interest communities. Management - The person or persons appointed by the Board, and delegated with the authority to implement certain duties, powers or functions of the Association as provided by the CC&R s and Bylaws. Master Plan - The master land use plan for the Community as approved by Clark County, Nevada, and as may be amended from time to time. Member - Every Owner is a Member of the Association, with all the benefits, privileges, and responsibilities defined in the Governing Documents. Neighborhood - Any residential area within the Association, which may share benefit from Common Elements specific only to that Neighborhood and may also share expenses through assessments for the cost of maintenance of such primary or exclusive use areas. Owners - One or more persons, which may include the Participating Builders, who hold the record title to any Lot, but excluding in all cases any party holding an interest merely as security for the performance of an obligation (such as a bank holding a security interest in a Lot related to a mortgage on the Lot). Participating Builder (or Builder) - Any entity who purchases one or more parcels of land within the Community for further subdivision into Lots, development, and/or resale in the ordinary course of business. Residents - Any person who is physically residing in a Dwelling within the Community. Resolution Written and adopted decision of the Board of Directors regarding the business operations or governance of the Association. The Board adopts the Resolution at a duly noticed meeting and copies of the adopted Resolution are then mailed to all Owners. Rules and Regulations See. Sub-Association - A Neighborhood within the Community subject to secondary governing documents which control governance of private streets and Common Elements and is also subject to the Association and it s Governing Documents. Owners in Sub-Associations are subject to two sets of legal documents and pay two assessments. Tenants - One or more persons residing in a Dwelling within the Community by means of an executed lease between an Owner and the Tenant. Unit See Lot. 11