7/28/2014 The Villas at Woodson Bend Condominium Association, Inc. Rules and Regulations

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1 7/28/2014 The Villas at Woodson Bend Condominium Association, Inc. I. Personal Property Rules and Regulations A. All personal property, such as lawn furniture, grills and fire pits must be kept inside the patio, porch area or garage. Open flames and grills must be kept a safe distance from the exterior of the units. All open flames must be extinguished before leaving the area. B. Nothing may be permanently hung or displayed such as signs, awnings, canopies, antennas, shutters or any other devices or ornaments affixed to or placed upon exterior walls, doors, fences or roofs. Temporary awnings and canopies are allowed but must be removed during storms and when leaving the premises for a period of time. C. Satellite dish size and location must be pre-approved by the Homeowners Association (hereafter HOA ) Board of Directors. Current satellite dishes are grandfathered but all new alterations must be pre-approved by the Board of Directors. Unit owners are responsible for any leaks or damages that occur from the satellite installation. No trusses will be cut, drilled or altered for satellite installation. Unit owner is responsible if a leak occurs around satellite installation. Unit owners will be charged for cost of the repairs. All repairs will be coordinated by the Board of Directors and billed to the unit owner. No unit owner repairs will be accepted. II. Decorative Items A. No garden hose hangers are allowed. All hoses must be kept in a storage container next to an outside faucet or in the garage. B. Stepping stones are not allowed in the mowing area. C. Flower/plant pots are allowed only in the Limited Common Area. D. Wreaths/wall plaques are allowed only in the main entrance of the unit but cannot be permanently attached. Page 1

2 E. Windsocks/wind chimes are not allowed. F. Decorative flags/small garden flags are only allowed in the Limited Common Area. G. Ground/landscaping lighting is allowed only in the Limited Common Area. Torch lights need to be securely attached to the inside of the fence and a safe distance away from all structures. H. Christmas lights and decorations are permitted in the Limited Common Areas and/or on building exteriors provided the decorations do not damage Limited Common Area, building, gutters or siding. The decorations may not be displayed before Thanksgiving Day and must be removed no later than January 14 th of the following year. Other holiday decorations are permitted under the same guidelines and may not be displayed more than two weeks before or one week after the holiday. I. The American Flag may be flown or displayed at any time following normal flag protocol. The flag cannot be attached to a building and no in ground commercial style flag pole is allowed. The flag can be attached to the Limited Common Area structure (patio, fences etc.). III. Flowers/Landscape Plants A. Flowers-inside the patio area/planting area outside patio fence 1. Flowers may be planted inside patio fence (2 4 ). 2. Maintenance of the flowers in the 2 4 area outside the fenced area is the responsibility of the unit owner. Dead annuals are to be removed at the end of the season. Annuals which are not maintained during the growing season will be removed by the grounds keepers and the cost for removal will be billed to the unit owner. 3. No trellis shall be erected in the patio area. 4. Any changes made to the original landscape must be pre-approved by the Board of Directors in writing. B. Landscape plants outside the Patio 1. Any planting of new shrubs or trees outside the patio must be pre-approved by the HOA Board (including the 2 4 area). 2. Flowers are not permitted around any tree located in the Common Area. 3. Shrubs inside the 2 4 area and all plantings outside the 4 pre-planted area are the property of the Homeowners Association and cannot be relocated Page 2

3 without BOD permission. The Homeowners Association will maintain these plantings. 4. Unit owners are encouraged to use natural river gravel in lieu of mulch in the Limited Common and 2 4 area, but the gravel must be maintained by the unit owner. An HOA Board-approved retaining curb MUST be used to retain the gravel. River gravel must be used in any new construction. IV. Prohibited Items A. Nothing may be placed in the Common Area that is not pre-approved by the HOA Board. B. Nothing may be hung over any patio fence including swim suits, towels, rugs, grill covers or laundry. V. Exterior Alterations No alterations or additions may be made to the exterior of any building such as but not limited to fences, walls, patios, exterior finishes or decks without prior written approval of the HOA Board. A. Patio Gates may be installed and maintained at the unit owner s expense using only the HOA Board approved design and specifications. B. Storm Doors may be installed and maintained at the unit owner s expense using the Lowe s Full View Collection (or its equivalent) with clear full all-glass design and with a frame in either white or beige. See example. C. Fences The painting and repair of the fences, decks, railing and similar structures in the Limited Common area is the responsibility of the unit owner. The pre-approved paint colors determined by the HOA Board are to be used. Owners should consult the BOD for approved paint colors before painting these structures. D. Screening of Overhead Garage Door Openings All screens must be concealed from view when the garage door is closed. Please see the link below for a product that meets the intent of this section. The link is an aid for use by the homeowner, however, the product is not endorsed by the board of directors or management company. All screen enclosures must be approved by the board of directors and all such requests must be accompanied by product literature and catalog numbers. Page 3

4 VI. Windows and Window Coverings VII. Signs All window coverings whether draperies, blinds (vertical or horizontal) or valances must be white, off-white, light beige or light gray on the exterior side. Any window tinting must be pre-approved by the HOA Board. Nothing may be hung or displayed from inside the windows except professionally prepared For Sale and For Rent signs or security system decals which shall be limited in size and number. No real estate signs are permitted in any Common Area. VIII. Animals A. No more than two household domestic pets and none bred or maintained for commercial purposes may be kept in any one home. Pets shall be limited to dogs or cats. All pets must be kept inside except as stated in (B) below. B. All animals shall be maintained on a leash not more than eight (8) feet in length when outdoors. The animals shall be supervised by a responsible individual at all times. Such individuals shall be responsible for the IMMEDIATE CLEAN UP OF ALL PET LITTER. C. No pet shall be left unattended while tethered in the Common or Limited Common Area. D. No pet shall be allowed in the clubhouse, pool area and/or patio area. State Law E. No pet determined to have a violent or dangerous disposition shall be kept on the premises at any time. The determination of a violent or dangerous disposition is to be based on a reputable published list of violent or dangerous breeds, such as those published by the CDC (Center for Disease Control), insurance companies, etc. or based on known behavioral issues of the pet. F. Legal service animals shall not be prohibited under any interpretation of this section. G. Pet owners in violation of the Rules and Regulations will receive a letter of warning for the first violation. On-going violations will be resolved by the HOA Board. Page 4

5 IX. Parking/Vehicles A. Boats, trailers, motor homes, travel trailers and watercraft may be parked on owner s driveway only for no more than twenty-four (24) hours and must not block normal access of the other residents. An exception will be for an extension of time solely for maintenance purposes, and only with prior permission from the HOA Board. B. Other vehicles used for recreation (van conversions/rvs) which do not fit in the garage will be permitted to park in Limited Common Area (in front of garage) for twenty-four (24) hours to allow for loading, unloading or servicing. Such vehicles must not exceed twenty (20) feet in length and must not block normal access of other resident. C. Commercial moving vans and trucks are allowed in the area only when conducting contracted business or performing services. D. All parking by occupants of The Villas and their guests must be (a) within the garage, (b) in the Limited Common Area in front of the garage door or (c) in the parking spaces at the clubhouse area so as not to block any other resident s access to the garage or street. No vehicle may be parked in the clubhouse parking areas for more than forty-eight (48) consecutive hours. Vehicles parked there for more than forty-eight (48) hours are subject to being towed at the owner s expense. E. Inoperable vehicles (with flat tires, expired license tags, etc.) or vehicles that cannot be identified as belonging to a resident/unit owner which are parked in any Common or Limited Common Area for more than forty-eight (48) consecutive hours may be towed from the premises at the vehicle owner s expense. No repair work is permitted on vehicles in Limited Common or Common Areas except for short-term emergency work (flat tire, battery charge, etc.). F. No vehicle shall be parked in any manner blocking any street, driveway or the ingress/egress to any garage other than the owners. G. Parking in the turnaround area is not permitted if it causes traffic congestion. H. The speed limit within the community shall be posted at 25 miles per hour. Reckless operation, excessive speed, parking or driving on the lawn areas is prohibited. X. Golf Carts and other Motorized Vehicles Golf carts and other motorized vehicles are to remain on paved or graveled surfaces. Page 5

6 XI. Swimming Pool Rules The pool is for the exclusive use of the residents, unit owners, occupants and their guests. A. There is NO LIFEGUARD. All persons using the pool and pool facilities do so at their own risk. B. All children under the age of sixteen (16) must be accompanied by a responsible adult (State Law). No one can swim or be in the pool patio area alone (State Law). C. Residents/unit owners/ occupants and their guests must obey the posted rules. D. The following items are prohibited in the pool area: Animals or pets Glass or other breakable items Excessive noise, horseplay, splashing or radios without headphones Private pool parties (See use of Clubhouse/parties) Electrical devices E. All rafts and body floats should be used with caution and consideration of others in the pool. F. No toys smaller than a softball are allowed in the pool due to the filtration system. G. All personal property and trash are to be removed from the pool area when leaving the pool. H. Swimming is permitted only in garments sold as swim wear. Infants must also wear swim suits with swim diapers. I. Lounge chairs or tables may not be reserved and must be repositioned in an orderly fashion after use. J. The pool will be open daily during swimming season from 9:00 a.m. to 9:00 p.m. K. Wet swim wear is not permitted in the clubhouse lounge area. L. The gas grill and gas fire pit are to be operated by adult owners or residents only and cleaned up after use. M. The swimming pool may be closed at any time for maintenance, chemical imbalance or for cleaning. Page 6

7 XII. Clubhouse A. The clubhouse is for the private use of the unit owners, residents and their guests. It is available to long term tenants (6 months or more) and unit owners for parties or meetings. The clubhouse is a non-smoking area. The following policies apply: B. Reservations for private parties are granted on a first request basis. A contract and reservation can be obtained through the Property Management Co. or the Social Committee. The rates, deposit and enforcement of the contract will be at the discretion of the Property Management Co. and/or the Social Committee. The resident or owner reserving the facility must be present at all times. C. Children and teenage parties are prohibited without adult supervision. D. The resident or unit owner reserving the clubhouse will have exclusive use of the party room only. The guests may use the pool but the pool may not be reserved. All pool rules apply at all times. Damages to the clubhouse or equipment and any follow-up cleaning done by the HOA will be charged to the reserving resident or unit owner. Unpaid damages shall be deemed to be a lien against the unit owner s property. E. Trash is to be removed from the clubhouse and placed into the outside trash can. XIII. Trash Collection A. Trash collection regulations require that trash containers not be set out prior to 5:00 p.m. the day preceding collection and the containers must be picked up and put away by 9:00 p.m. the day of collection. The trash must be in plastic bags and put in trash containers with lids for disposal. B. Furniture and other large items which do not fit in trash bags are not to be put out for pick up OR placed inside the dumpster. Please take those items directly to the Waste Management Facility. C. If trash is taken to the dumpster, it MUST be placed INSIDE the dumpster or taken back to your unit to be removed on the next regular scheduled pick-up day. DO NOT LEAVE TRASH ON THE GROUND AROUND THE DUMPSTER OR ON TOP OF THE DUMPSTER. Violators will be fined. XIV. Ponds No fishing, swimming or boating is allowed in the ponds. Note: The ponds have a rubber membrane liner that serves to retain the water. Any rip or puncture of the liner could create a serious problem and be nearly impossible to find. Poisonous snakes have also been sighted in the ponds. Page 7

8 XV. Firearms and Fireworks A. Legal possession of a firearm is permitted. However, NO displaying or brandishing of any weapon is permitted and NO discharge of any weapon on The Villas property or near enough to the property to cause a risk to the property or persons therein is permitted. B. Fireworks are allowed on New Year s Eve and July 3 rd & 4 th with the following restrictions: *All fireworks must be done with adult supervision. *All fireworks must be conducted by a responsible person with adequate safety provisions including hand held extinguisher *In times of drought, at the direction of the HOA Board, no fireworks will be permitted. XVI. Solicitation and Garage Sales XVII. Insurance Solicitation by commercial enterprises is not authorized within the community. In a like manner and due to restricted parking availability, garage sales and tag sales are specifically prohibited unless approved by the HOA Board as a planned community activity. A. All owners/residents should maintain insurance for their unit and personal property in accordance to the Master Deed. Owners should have their insurance company read Mast Deed: ARTICLE VIII: Insurance, page 0528, Book 0014 to ensure sufficient coverage. B. Each unit owner is responsible for the maintenance and repair of interior walls of their unit, appliances, heating and air-conditioning system, fixtures, carpeting, etc. as per the governing documents. C. Each unit owner is also responsible for any damages to adjacent units directly attributable to mishaps originating in your unit. Ref: Master Deed Article II F. D. Nothing shall be done or kept in any unit in the Limited Common Elements or in the Common Elements which would increase the rate of insurance on the building or the contents thereof without the prior written consent of the HOA Board. E. Proof of insurance letter from owner s insurance company must be on file with the HOA Board. Page 8

9 XVIII. Utilities A. Residents are responsible for maintenance and payment of their utilities including but not limited to the following items: gas (propane), electric, cable/satellite television, telephone, water and sewage. B. New residents are responsible for calling to initiate services upon taking possession of their unit. XIX. Condominium Sales Any owner who sells his or her condominium is responsible for: A. Making certain the Homeowners Association Board is aware of ownership changes when the closing date is established. B. Making certain all condominium dues are current. C. Making certain new owners receive the Villas Master Deed, By-Laws and Condominium Rules and Regulations. The documents are on-line and must be supplied to prospective owners by the selling unit owner. Any documents supplied by the HOA Board or its Management Company will be subject to a handling fee. D. Informing a prospective purchaser that the seller is acting as his own agent and doesn t represent the Homeowners Association or the developer. XX. Fines for Non-conformance A. Complaints may be filed against residents or unit owners who may not be complying with the Association s Rules and Regulations. Complaints must be in writing and sent to the HOA Board or Management Company. It is imperative that the complaint contain the identity of the person or unit involved in the violation before the HOA Board or Management Company will proceed. Please specify the date and time of each incident and include pictures if available. The document must be signed by the person filing the complaint to be valid. If the Board determines a violation of the Rules and Regulations has occurred, the HOA Board will generate a warning letter mailed to the unit owner with a copy to the occupant, if not owner-occupied. If the violation is not corrected, an assessment or fine may be levied. A unit owner receiving a warning or violation notice may appeal to the HOA Board or Management Company in writing. B. Any resident who violates these rules shall be sent a warning notice. An assessment may be imposed against the unit owner s unit for each subsequent violation. Page 9

10 C. The HOA Board or Management Company, acting on behalf of the Board, will impose and collect assessments for all violations. D. In addition to setting fines, the HOA Board has the authority to take legal action to enforce the Rules and Regulations including recovery of expenses and attorney fees as per the governing documents. XXI. Amendments These policies and guidelines may be subject to change from time to time at the discretion and majority vote of the Homeowner s Board of Directors. NOTE TO THE OWNERS: It is the responsibility of each unit owner to communicate the HOA Rules and Regulations to their families, guests and tenants and to ensure they are followed. A copy of the Rules and Regulations is to be posted in all rental units. The owners are responsible for their tenants complying with the Rules and Regulations. The HOA Board or Management Company may charge a penalty for returned checks (insufficient funds) for HOA dues and assessments. All owners will be required to acknowledge receipt of the Rules and Regulations and to indicate an understanding of its contents by signing and returning the attached form to the HOA Board. The Master Deed is the final authority. The Rules & Regulations are subordinate to the Master Deed and Bylaws. Nothing in this document is intended to conflict with the contents of either. If a discrepancy arises, the Master Deed will prevail. DEFINITION OF COMMON ELEMENTS AND LIMITED COMMON ELEMENTS: MASTER DEED STATES: Page 0515 (E) Page 0521 Article IV (A) (E) Common Elements means all of the property, except the units, including without limitation the outside walls and roofs of the buildings, the foundations and structural members of the buildings and all columns, girders, beams, and supports, the land and improvements on the property (including the land under the units), all utility or other pipes and material located outside of the units except such as are part of the units, all central installations for the furnishing of utilities and other services to the units, all driveways, roadways, grass areas, and sidewalks, all recreational facilities available in whole or in part for use by the unit owners. Page 10

11 (A) The Limited Common Elements of the condominium project are areas which are reserved for use of unit owners of a certain unit to the exclusion of the unit owners and/or occupants of the other units. The limited common elements of the condominium project include any patios and decks adjacent to or associated with a particular unit and intended for use exclusively by occupant of that particular unit, and shall also include automobile parking spaces designated as being intended for the exclusive use of a unit. Page 11

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