Mariners Haven HOA. Proposed Rules and Regulations. January 1, 2011

Transcription

1 Mariners Haven HOA Proposed Rules and Regulations January 1, 2011 Preface The Board of Directors of the Mariners Haven Homeowners Association (HOA) have prepared these Rules and Regulations in accordance with Article III, Section 2 of the Mariners Haven Declaration of Protective Restrictions and Covenants. The purpose of the Mariners Haven Rules and Regulations are: Definitions: 1. To highlight and clarify the Mariners Havens Subdivision Protective Covenants. 2. To maintain a safe, healthy and enjoyable environment for the Mariners Haven Homeowners. 3. To promote a high standard of appearance throughout the subdivision so as to maintain Mariners Haven as a quality neighborhood and to preserve, protect, and enhance property values. 1. HOA or Association means Mariner s Haven Homeowners Association, Inc. 2. Common Area means any portion of the Common Property which is not designated by the Association for the exclusive use of any other individual. 3. Common Roads means the portion of the Common Property which has been developed for use to access the Lots and the Common Property. 4. Common Property means those areas of land shown on any recorded plat of the premises including, but not limited to, private access roads and common greens, not including any Lot unless the Association is the owner or any property dedicated to and accepted by a public authority or body which has assumed the obligation to maintain the same. 5. Covenants means `The Mariners Haven Declaration of Protective Restrictions and Covenants adopted on August 10 th, 1996 and amended on December 17, Lot means that portion of the Official Plat Map of the Mariners Haven Subdivision as Recorded by the Clerk and Recorder in the offices of Lincoln County, Libby, Montana. 7. Owner means the record owner of the fee simple title to any Recorded Lot. 8. Mariners means the Common Property and the Lots which comprise the Mariners Haven Subdivision as a whole. 9. Structure means any construction erected or placed upon a Lot including but not limited to parts of an addition/s to buildings, cisterns, walls, fences and other enclosures, television and other antennas, paths and driveways. 1

2 1. Administration A. Association Committees The administration of the HOA is made up of the Executive Committee, Environmental Review Board, Board of Management, Legal Committee, Engineering Committee, Financial Committee, and the Construction and Design Committee. Homeowners are urged to volunteer for committee work to ensure that our community is fairly represented. B. Annual Meeting (Article II Sections 1 and 2) Homeowners are urged to attend the Annual Association Meeting. Nominations are elected, budgets are approved and by laws adopted. Notice of the annual meeting will be published. If you are unable to attend, please cast your vote via proxy. C. Annual Assessments (Article V, Sections 1 5) Assessments levied by the HOA shall be used for the benefit of the members of the Community. 1. The Board shall have the authority to make annual assessments based upon a budget established by the Board. The Board shall also have the authority to determine the amount and timing of any special assessments. 2. The annual assessment will be due on the 1 st day of January of each year. 3. If the assessment is not received within 30 days after January 1, the assessment shall be delinquent and shall, together with interest (interest to be determined by the Board) thereon, become a continuing lien on the lot until the assessment is paid. 2. General Restrictions and Covenants (Article VII, Paragraphs 20 37) A. Rules and Regulations Enforcement The Executive Committee, Board of Management, Construction and Design Committee and/or the Legal Committee (legal counsel when applicable) receives and considers reports of violations of the Covenants and/or HOA Rules and Regulations. The reports may be received by phone or in writing. When a complaint is received, the Subject of the complaint is notified and given seven (7) days to respond to the complaint in writing, via or by telephone. The appropriate Board or Committee/s will review the complaint and the Subject s response. The Subject will be advised of any formal hearing regarding the complaint. The Board and/or Committees will determine if a violation of the Covenants and/or the HOA Rules and Regulations have been violated and will render an appropriate action. The action may include dismissal of the complaint, a warning, specific performance or a fine as outlined in the HOA bylaws. B. Owner Responsibilities Each homeowner shall be responsible for ensuring that the Owner s family, guests, tenants and occupants comply with all provisions of the Mariners Haven Subdivision Covenants and the HOA Rules and Regulations. In addition, any complaints the HOA may have against the Owner s family, guests, tenants or occupants, the HOA may take action against the Owner. Lot Restrictions A. Enjoyment Every homeowner has the right to enjoy their property. Obnoxious behavior, offensive activities and excessive noise adversely affects the use, value, occupation and enjoyment of the community and cannot be tolerated. B. Occupancy No home or RV shall be occupied for any other use other than residential purposes by the owner/s and/or their guests. 2

3 C. Commercial Businesses No commercial business shall be conducted within the Subdivision. In this regard the only home businesses that are permissible are those that: 1. Do not create additional vehicular or pedestrian traffic that interferes with the safety and quiet enjoyment of the community. 2. Do not display an outward indication or advertisement that a commercial business is being conducted therein. D. Maintenance of Lots All lots and structures, whether vacant or improved, occupied or unoccupied and any improvements to the lots and structures shall be maintained in a manner as to prevent their becoming unsightly including: 1. Owners shall control and prevent noxious weeds per Local, State and County regulations. 2. Owners shall maintain lawns and gardens. 3. Owners shall maintain the appearance of structures, including temporary structures used for storage. 4. No inoperable vehicles or derelict equipment shall be permitted. Vehicles/equipment are considered inoperable if incapacitated, have flat tires, are on jacks, are excessively noisy or smoky, or do not have current registration if required. E. Signs No signs shall be displayed except For Sale signs of customary and reasonable dimensions (approximately 18 X 24 ). Other signage may be displayed upon specific approval of the Operations Committee. F. Animals Household pets are allowed as long as the pets remain on the Owner s lot/s or under the Owner s control when in the common areas of the subdivision. 1. No livestock or pets kept for commercial purposes 2. Household pets shall not unreasonably interfere with the comfort, privacy, health or safety of neighbors or other owners within the development. 3. Owners will be responsible or any action of their, or their guest s, pets. 4. Pet waste shall be removed promptly from Common Areas and on a regular basis from Owner s lot. G. Garbage All household garbage shall be deposited within the receptacles provided by the Association. 1. All garbage shall be removed to association receptacles as soon as possible. 2. All garbage stored on the Owner s lot must be in covered containers to prevent access by animals. 3. Receptacles are provided for bagged household garbage only. Yard waste, construction waste, large boxes and furnishings/appliances must be taken to the County Waste Disposal Area on Airport Road. 4. Yard waste may be burned on designated burn days only. 5. Watering The water well system has limited capacity. The HOA may impose lawn watering when usage exceeds capacity. Common Area Usage A. Common Areas Common Areas are provided to Owners for access to or enjoyment of the community. 1. No trees, shrubs, or improvement shall be altered or removed from the Common Areas without expressed permission of the HOA. 2. No waste or refuse of any kind shall be disposed of or stored on the Common Areas without expressed permission of the HOA B. Roads Common sense and fire department regulations dictate that all roads and fire lanes must be kept clear for fire equipment. 3

4 1. Unless otherwise posted by the Association, the speed limit on all Common Roads shall be 5 miles per hour. C. Parking All parking or storage of vehicles and trailers as well as any other personal property shall be confined to an Owner s lot. Temporary (48 hours) parking on Common Roads is acceptable provided it does not obstruct or interfere with emergency, pedestrian or vehicle traffic along the right of way. D. Motorized Vehicles Use of motorized vehicles is limited to approved Common Roads. No off road usage is allowed in the subdivision. 1. Motorized vehicles should be used as a mode of transportation rather than a form of entertainment. Use of motorized vehicles must conform to State and Local Licensure (where applicable). 2. ATV s and other recreation vehicles must remain on Common Roads and observe posted speed limits. 3. Use of recreational vehicles by unlicensed operators shall be at the sole risk of the Owner/s of the vehicle. Each Owner shall be fully liable for the actions of an unlicensed driver whether that driver is a guest or resident. E. Firearms The discharge of firearms including BB Guns, Air Guns, Pistols, Rifles and Shotguns in the subdivision, marina or campground is strictly prohibited by Local, State and Federal Law. F. Fireworks The use of non approved (Local, State, Federal) fireworks in the community, campground or marina is strictly prohibited. Fireworks of any kind will be prohibited when fire danger is high. Construction (Article VI, Section 2, Paragraphs 1 19) A. Environmental Review Board No construction or site preparation work of any sort shall be commenced prior to review by the Construction/Design Committee and Environmental Review Board. Final approval will be made by the Board of Directors. The HOA Board shall have the authority to disapprove any proposed construction or improvement based upon the restrictions set forth in the CC&R s. Owners have the right to appeal the recommendations of the Construction/Design Committee and Environmental Review Board, but the decision of the HOA Board of Directors shall be final and binding. Neither the members of Construction/Design Committee and Environmental Review Board nor the Board of Directors shall be liable to any Owner in monetary damages or otherwise, due to the approval or disapproval of any plans and specifications. 1. New Construction / Alterations / Additions / Remodeling The approved Mariners Haven Construction Application must be submitted to the Construction/Design Committee with design drawings of proposed project to include approximate elevations, lot layout and proposed exterior finishing. No construction activities shall be permitted on Sunday or during night time hours [from thirty (30) minutes after sunset until thirty (30) minutes prior to sunrise] unless consented to in writing by the HOA. 2. Number of Structures Each Lot is restricted to one single family residence. Garages and storage sheds are allowed but must be approved by the Review Board prior to construction. 3. Construction Time Limit All construction and landscaping must be complete within one year from initial ground breaking. 4. Construction Responsibilities Owner is responsible for all damages to Common Road, neighboring property or other collateral damage that occurs as a result of construction. Owners are responsible for the conduct of contractors or vendors while on Community Property. Temporary construction 4

5 structures and/or port o potty s must be confined to Owner s lot. No construction materials may be stored on Common Ground/Roads 5. Septic Approval Septic permits from Lincoln County are required for all new construction and remodeling where applicable. Construction cannot proceed unless a Septic Permit has been issued by the Department of Environmental Health. 6. Setbacks Requirements No improvement of any kind, except boundary fences shall be constructed or placed within 10 feet of a Lot line. 7. Fences No fence shall extend beyond the property lines. All permanent fences or enclosures must be submitted to the HOA for approval. 3. Remedies The above Rules and Regulations are in addition to and not a substitute for other remedies the Association may elect to enforce. Whenever an Owner, guest or tenant violates any of the provisions set forth in the Declaration of Covenants, Conditions and Restrictions, Construction Guidelines, or Mariners Haven HOA Residential Rules, such violations shall be brought to the attention of the Property Manager, the Operations Committee and/or the Board of Directors. The Property Manager, where practical and as directed by the Board of Directors, shall mail a letter to the Owner involved, advising the Owner of the alleged violation and requesting that it be corrected within a specified time frame. In the event such violation is not corrected within the prescribed period of time, the Board of Directors may exercise one or more of the following remedies as set forth in the Declaration: 1. Self Help The Board may cure the violation by having such maintenance and work performed as is reasonably necessary and authorized by the Mariners Haven CC&R s. An additional written notice as required by such sections shall be sent to the Owner prior to work being performed. All costs of cure/correction will be assessed against the Owner. 2. Fine The Board may assess a separate fine against the Owner for each violation. Repeat violations can result in progressively higher fines to be determined by Board action. If a fine is not paid within 30 days, the fine will be doubled by Board action. If a fine is assessed and the Owner does not come into compliance and pay the fine, a lien will be filed. 3. Lien The Board may cause to be recorded in the Lincoln County Official Public Records a written notice of lien against the Owner s Lot for the violation and all amounts of money owed to the Association including assessments, late charges, cost of cure/correction, attorney s fees and fines. 4. Lawsuit The Board may cause a lawsuit to be filed against the Owner seeking damages, injunctive relief, civil penalties and/or fines, reasonable attorney s fees and court costs. Before the Board may exercise one of the foregoing remedies, it shall give to the Owner a written notice by certified mail, return receipt requested, that: 1. Describes the violation and states the amount of the proposed fine; 2. Allows the Owner a reasonable time, by a specified date, to cure the violation and avoid the fine; provided, this provision shall not apply if the Owner was given notice and a reasonable opportunity to cure a similar violation within the preceding 6 months; 3. States that not later than the 30th day after receipt of the notice of violation, the Owner may request a hearing before the Board to contest the fine; 5

6 4. Advises that the request for hearing must be in writing and delivered to the Property Manager, the Construction/Design Committee, Environmental Board and/or the Board of Directors. 5. States that attorney s fees and costs will be charged if the violation continues after the conclusion of the hearing or, if no hearing is requested, after the deadline for requesting a hearing. Upon receipt of a request for a hearing, the Board shall schedule the hearing within 30 days and give the Owner at least ten days advance written notice of the date, time, and place of the hearing. A certified mail letter that is returned to the Association due to the Owner s failure or refusal to claim the letter shall be deemed received by the Owner on the 10th day after the postmark date of the letter. The Board may, but need not, send a copy of all notices to an occupant of the Lot. The foregoing procedures do not apply to lawsuits seeking a temporary restraining order or temporary injunctive relief, nor do they apply to the collection of regularly scheduled assessments and late fees. Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy provided in the Declaration or by law or equity. Unless otherwise defined in this Enforcement Procedure, all terms shall have the same meaning as defined in the Declaration of Covenants, Conditions and Restrictions. 6