HOMEOWNER REFERENCE GUIDE

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1 Westbank Estates Homeowners Association PO Box Tempe AZ (480) HOMEOWNER REFERENCE GUIDE 2009 Edition

2 Greetings fellow homeowner, My name is Chris Miller and I am the current President of our Homeowner s Association. Since its inception, your Board of Directors has always tried to walk the line between the need to enforce the rules while also allowing the freedom that should come with home ownership. While the Board has tried its best to allow as much freedom to the individual homeowner as possible, it is the enforcement of these rules that help maintain our property values and help keep Westbank Estates the safe family oriented community that each of us has purchased our home in. At the time you purchased your home in Westbank Estates, you should have received a copy of the Covenants, Conditions, and Restrictions (CC&R s), Design Guidelines and the Bylaws of the Association. These are the governing documents of Westbank Estates. If you have not already done so, it would be a good idea to familiarize yourself with these documents (even if you rent out your property). All Homeowners have legally agreed to abide by these documents when they purchased a home in Westbank Estates. If you do not have one or more of these documents, please contact Diana Rice with KMS (Kinney Management Services) at ext. 215 for a current copy. I understand that some of you may not have read through these documents before purchasing your home in Westbank Estates and many of you who have read them often forget some of the rules contained in them. Therefore, I am providing this annual information guide to you to be used as a quick reference to help re-familiarize you with your HOA and with some of the more commonly violated rules. It should be noted that this information guide is not to replace the governing documents mentioned above but is to only provide a quick reference to some of the more common violations. Please refer to your CC&R s, Design Guidelines, and Bylaws for more complete information. The Board welcomes comments and suggestions for any future guides. Thank you for your support, Chris Miller President, Westbank Estates HOA

3 WESTBANK ESTATES HOMEOWNER QUICK REFERENCE GUIDE RENTAL PROPERTIES All Tenants of rental homes must also abide by the same documents as all homeowners. If you rent out your home, you (the homeowner) are responsible for insuring that your tenants are familiar with these documents and that all of your tenants and their guests always follow the CC&R s and Design Guidelines. The owner of the home is ultimately legally responsible for making sure that the CC&R s and Design Guidelines are followed regardless of whether they live in the home or not. YOUR HOMEOWNERS ASSOCIATION BOARD OF DIRECTORS The Westbank Estates Board of Directors is comprised of six (6) members elected by the homeowners. The terms of the Directors are staggered so that only two (2) Directors are elected each year. The Directors choose officers at the first Board of Directors meeting following the annual election in June. The Board of Directors meets every other month to discuss community matters and to conduct the business of the Association. All homeowners are welcome and encouraged to attend these meetings. The meetings are held on the third Thursday of every other month at 7:30PM at the Coffee Cove, 538 S. Gilbert Rd. located just North of Warner Rd. on Gilbert Rd. Planned meetings for 2009 are: Jan 22 nd Mar 19 th May 21 st Jul 16 th Sep 17 th Nov 19 th All times, dates, and locations are subject to change. For questions, please contact KMS. ANNUAL MEETING OF THE HOMEOWNERS The Annual Meeting of the Homeowners is held every year. This year the meeting is planned for Saturday, May 30 th, 2009 at 5:00 PM. The meeting will be held in the community at the north park located between Oxford and Dublin. Directly following the annual meeting there will be a community Social Party & Event. Pizza, Bottled Water, Soft Drinks and Juice will be provided by the HOA along with Inflatable Bouncing equipment for the fun and entertainment for the children. This is a meeting of and for all homeowners and is not a Board of Directors meeting. Please plan to attend this event. The community garage sale will also be scheduled on this same day beginning at 6:00am. The sale will be advertised in the local newspaper once again this year. Plan to join in for a fun day, starting with the Community Garage Sale, moving on to the Annual Meeting of the Membership and followed by the Community Social Event and Party. All homeowners are free to run for any open position on the Board or volunteer for an appointment to the Architectural Control Committee (ACC) at any time. Being a member of the Board typically takes only an hour or so every other month and requires no experience. The ACC meets on an as needed basis depending on the number of submissions for review. Anyone interested in being a member of the Board of Directors or the ACC should contact KMS at ext.215.

4 ARCHITECTURAL CONTROL COMMITTEE The Architectural Control Committee (ACC) is appointed by the Board of Directors and consists of three (3) to five (5) volunteer homeowners. The responsibility of the ACC is to ensure that the harmonious, high quality image of Westbank Estates is implemented and maintained. Per Article VIII in the CC&R s, Architectural Review, any change, addition, or modification to a property or building exterior requires prior written approval of the ACC. To be safe, if you can see it from neighboring property, make sure you submit it to the ACC for approval. APPROVAL OF ARCHITECTURAL CHANGES Any change, addition, or modification to any property or to a building exterior, including changes in visible landscaping or a change in exterior color, requires the prior written approval of the Architectural Control Committee. Homeowners with proposed changes must contact Kinney Management Services to obtain the necessary architectural guidelines and submittal documentation prior to the beginning of any work. Your submittal will be returned to you either approved as submitted, approved with changes, denied, or denied with a request for more information within sixty (60) days of receipt of your request. Any permits or approvals required by the county, local, state, or federal government are the sole responsibility of the homeowner. Approval by the ACC does not replace the homeowner s requirement to obtain the appropriate permits and approvals. Homeowners may appeal the decisions of the ACC (in writing) to the Board of Directors for consideration, in which case, the decision of the Board shall prevail. PROPERTY MANAGEMENT COMPANY It is not reasonable to expect the Board members, who are 100% homeowner volunteers, to personally perform certain functions such as CC&R enforcement or levying fines against other homeowners. Therefore, as provided for in the Bylaws, the Board of Directors contracts with a professional management company to conduct the day to day business affairs of the Association based upon general guidance from the Board of Directors. The property Management Company is the focal point for all communications from all homeowners. This includes communications to the Board of Directors and to the Architectural Control Committee. Any phone calls or communications intended for the Board of Directors or Architectural Control Committee should be directed to the Management Company. Homeowners are also encouraged to call the Management Company to notify them regarding any maintenance or repairs that need to be done to the common areas or equipment including running water or leaks in the common areas. Our Property Management Company is: Kinney Management Services Property Manager: Diana Rice at ext. 215

5 PLEASE DRIVE RESPONSIBLY There are many children living in our community. The speed limit throughout our community is 25 MPH. The Gilbert Police periodically patrol our neighborhood for speeders and for drivers failing to come to a complete stop at the stop signs. For everyone s safety, please obey the law and make sure your guests do also. To report speeders or any other violations, you can call the Gilbert Police non-emergency phone number at PARKING The Gilbert Police also periodically patrol for parking violations. Any vehicle parked in the street must be parked with the right side wheels parallel and within 18 of the right side curb. Stopping, Standing, and Parking is prohibited on any sidewalk, within an intersection, within 15 of a fire hydrant, within 20 of a crosswalk, within 30 of a stop sign, and upon or in front of another person s driveway. On street parking is also not allowed for periods exceeding 48 hours. These violations can result in ticketing and/or removal of the vehicle at the owner s expense. Please remember to park your vehicles in your garage or in your driveway whenever possible to help keep our streets clear for emergency vehicles. Parking in any yard, off of the driveway, is also strictly prohibited. Parking for RVs, boats, trailers, inoperable cars, etc. must be done in such a way that no part of the vehicle is visible from the street or neighboring property. Temporary driveway or on street parking for such vehicles is allowed for normal packing, washing, maintenance, etc. Large trucks, box trucks/vans, construction vehicles/trailers, etc. are NOT allowed to be parked anywhere in Westbank Estates for any longer than is normally necessary for deliveries or approved construction work. TRASH AND RECYCLING The Town of Gilbert removes household trash every Friday (black container) and removes recyclable products every Tuesday (blue container). Your container should be placed on the street at the curb no earlier than 6PM the day prior to collection and should be removed no later than 6AM the day after collection. Uncontained trash and tree clippings are picked up during the second full week of the month. The items should be placed near the sidewalk (not blocking the sidewalk) during the weekend prior to the 2 nd full week of the month. For information on disposing large appliances or if you have any other Town of Gilbert Public Works related questions call Please remember, your trash and recycling containers must not be visible from the street or neighboring property except for during the stated times on collection days to permit collection.

6 GARAGE SALES By Gilbert Code, garage sales are limited to only three (3) per calendar year. Our HOA offers a very successful annual community garage sale sometime in the spring. Watch for more information in the mail or fliers. Individual garage sales, at other times of the year, are permitted but must strictly follow the rules and restrictions set forth by the Town of Gilbert. Please contact Code Compliance at for more information prior to planning your garage sale. SIGNS Each homeowner is allowed one (1) sign in their own yard offering the home For Sale. Multiple For Sale signs are not allowed as are ANY signs on HOA property which includes the common area along Cooper Road. Garage Sale signs can be placed according to the Town of Gilbert Code and must be removed immediately following the sale. For Rent, For Lease, For Let, etc. signs are Not Allowed at any time on any property in Westbank Estates. If you lease your property through an agency, please be sure that they are aware of this rule. CC&R VIOLATIONS KMS personnel routinely travel through our neighborhood at various times on various days of the week and note any visible CC&R violations. As a homeowner, you can also report CC&R violations by calling KMS. So, you just received a Violation Letter because your trash can was in view or your weeds were taking over your yard. What do you do now? Well, first of all, calm down. The first Violation Letter is typically more like a reminder that you have been noted breaking one of the rules in the CC&R s. If the violation was valid, simply correct it as soon as possible and that s it. If you feel that the violation was in error, simply call KMS for more information or a better explanation. If it is found that the violation was truly in error, it will be removed from your record. Our Property Manager has been instructed by the Board to not respond to any rude or abusive phone calls. If you fail to correct the violation, an additional letter will be sent reminding you that the issue must be corrected. A third letter warns that the issue will be turned over to our legal department if it is not resolved immediately. After the third letter goes unheeded, the issue is turned over to our legal department for resolution and the homeowner is responsible for paying all fees involved. If there is some reason why you cannot immediately correct an issue, please call KMS immediately and explain the situation. A solution can usually be worked out without the expense of taking the issue to court. A repeat similar violation within the same calendar year will result in starting at the previous level of violation letter. Also, some violations, such as unapproved construction, gross violations, or dangerous activity may warrant an immediate 3 rd letter which must be responded to immediately.

7 ASSOCIATION FINANCES A monthly financial summary package is available to every homeowner who attends the Board of Directors meetings. This summary can also be obtained by any homeowner who misses a meeting by contacting Kinney Management Services. The annual budget, approved by the Board, is also available to every homeowner at the beginning of each calendar year. The current assessment for calendar year 2009 is $38.00 per month. Assessments are due on the 1 st day of the month and are considered to be late if not paid by the 15 th of the month. There will be an additional $5.00 late charge (per month) for any balance left over thirty (30) days. Any collection costs and/or legal fees incurred by the Association in the collection of assessments will also be assessed against the delinquent lot. All assessments and any other fees must be current in order to cast any votes or to transfer ownership of any lot. All appeals regarding financial issues must be submitted in writing to the Board of Directors for consideration. PLEASE BE A RESPONSIBLE PET OWNER All dogs must be on a leash and in the owner s control at all times. Please keep your dog from excessive barking, as it is inconsiderate to your neighbors. Dog and cat feces in the common areas and playgrounds create a genuine health risk to all who use these areas. Please show some personal responsibility and some consideration for others by promptly cleaning up after your pets. SOME COMMON EMERGENCY AND COMMUNITY PHONE NUMBERS All emergencies Poison Control Gilbert Police (non-emergency) Gilbert Fire (non-emergency) Streetlight repair Town Code Compliance Town of Gilbert Utilities Town of Gilbert Public Works (Trash, Hazardous Wastes, Solid Waste Pick-Up, Water Leaks (not on HOA property), Street/Sidewalk Maintenance/Repair) Neighborhood Services (Miscellaneous community related information) Kinney Management Services Property Manager: Diana Rice at ext. 215

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