STILLWATER GREENS HOMEOWNERS ASSOCIATION. Rules and Regulations

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1 STILLWATER GREENS HOMEOWNERS ASSOCIATION Rules and Regulations Introduction These Rules and Regulations, promulgated by the Board of Directors (the Board ) of Stillwater Greens Homeowners Association (the HOA ), are made under the authority of RCW and Article 4, Section of the Declaration of Covenants, Conditions and Restrictions of Stillwater Greens (the Declaration or CCRs ), recorded in King County under recording number These Rules and Regulations may clarify or supplement the rights and restrictions also found in the CCRs. These Rules and Regulations are not meant to cover all rights, responsibilities and restrictions for owners, residents and guests at Stillwater Greens, but are only one part of all the rights, responsibilities and restrictions as found in the Rules and Regulations, CCRs and Bylaws (hereinafter collectively the "governing documents"). Owners are also required to comply with any and all state, county and city law, rules and regulations. Article I Article II Article III Article IV Maintenance of Lots Rental of Lots Satellite Dishes/Antennas Fines Schedule/Right to Hearing Article I Maintenance of Lots Section 1.1 Building Subject to Board and/or ACC Approval. All buildings and structures to be constructed, erected, placed or altered within the owner s property, including repairs, replacements and alterations, must be approved by the Board or Architectural Control Committee pursuant to Article 5 of the CCRs. Section 1.2 Maintenance of Lots. Each owner, at his or her own cost, must promptly and continuously maintain, repair and restore his or her lot in a good, clean, attractive, safe and sanitary condition. The owner s lot includes the yard, landscaping, fences, the home and any other structure or improvements on the owner s lot. It shall be the responsibility of the Board to determine whether an owner is in compliance with this section. Section 1.3 No Unsightly Conditions. Pursuant to Section 6.21 of the CCRs, owners shall allow no unsightly conditions upon their lot. Unsightly conditions include, but are not limited to: hanging laundry exposed to public view; litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; undecorative gear, equipment, cans, bottles, ladders, trash barrels, and other such items. Page 1 of 9

2 Section 1.4 Yard, Lawn and Landscaping Maintenance. Yards, lawns and landscaping shall be maintained regularly in a neat, orderly manner reflecting healthy conditions for the style of landscaping in the community Grass shall be mowed to a height of no more than four inches (4 ) Grass and lawns shall be edged and trimmed to produce a clean edge against sidewalks or other landscaping Grass and lawns shall be fertilized as needed to maintain health Unsightly or large weeds must be removed Grass and lawns shall be watered appropriately unless a government-enforced restriction on water usage is in place Leaves and yard debris shall be removed from lawns, landscaped and paved areas within a reasonable time Landscaping shall be maintained to a healthy appearance Plants shall be maintained in a neat, orderly and healthy condition. Plants must be watered, pruned and fertilized as necessary Planting containers must fit the style of the neighborhood Trees must be trimmed to prevent overgrowth or obstruction of public sidewalks. Section 1.5 Homes, Fences and Other Structural Improvements. Homes, sheds, garages, fences and any other structure on an owner s lot should be repaired and maintained to maintain an attractive appearance consistent with the maintenance of homes in the community Paint and/or stain should be maintained and reapplied regularly Broken or loose boards should be replaced and painted or stained in a timely manner to match the rest of the structure. Section 1.6 Other Garbage, recycle, and yard waste bins shall be kept from public view, either within the owner s garage, abutting the rear of the house or the side of the house, within an approved enclosure. Garbage, recycle, and yard waste bins shall be kept from public view until no earlier than 24 hours before pick up and no later than 24 hours after pick up. Article II Rental of Lots Owners may rent their lots to tenants under the following conditions. Section 2.1 One Year Waiting Period. Pursuant to Section of the CCRs, Owners who wish to rent their lots must have owned the property for more than one (1) year. Page 2 of 9

3 Section 2.2 Owners Responsible for Tenants. Owners are responsible for all actions and inactions of tenants, residents and their guests. Any fines assessed to a lot due to violations of any section of the CCRs, Rules and Regulations or Bylaws are the responsibility of the Owner. Section 2.3 Lease All rental of lots within Stillwater Greens must be made by lease Owners may not rent their lots for a term less than thirty (30) days Owners must provide to tenants copies of the CCRs (and any Amendment thereto), Bylaws and Rules and Regulations at the beginning of the tenancy The lease agreement must incorporate the CCRs and any and all Rules and Regulations Each time a new tenant or tenants move into the property, owners must provide to the Board of Directors a fully executed Rental Property Information Form, providing the names, contact information, vehicle information and pet information for all residents under the tenancy. The Rental Property Information Form is available from the Board. The Rental Property Information Form shall be returned to Board (at the designated address on the Form) no later than seven (7) days following the tenants beginning of occupancy. Section 2.4 Tenant Screening. Owners must screen potential tenants through a reputable third-party screening company. Owners are not required to provide the results of tenant screening, but it must be available to the Board upon request. Screening must include criminal/sex offender background checks. Article III - Satellite Dishes/Antennas Section 3.1 Introduction. Section 6.14 of the CCRs prohibits fixing satellite dishes and antennas (collectively "dishes") to exterior walls or roofs or placing them anywhere on a lot. However, since recording of the CCRs federal laws were passed regarding dishes and the ability of and extent to control them by organizations including homeowners' associations. The Federal Communications Commission (FCC) has adopted regulations governing dishes and the extent over which an association can control their existence and placement. Contrary to CCRs Section 6.14, the Association cannot prohibit the existence of dishes due to the federal laws and FCC regulations. However, the regulations permit the Association to impose some control over size and placement of dishes. The Board adopted rules and regulations for Satellite Dishes/Antennas because (a) the federal laws and rules make Section 6.14 of the CCRs unenforceable, (b) it is extremely difficult to impossible to formally amend the CCRs to make them conform to the federal laws and rules, and (c) counsel for the HOA Page 3 of 9

4 recommended that the Board adopt rules and regulations to address this topic and it is proper to do so under all the surrounding circumstances of the HOA and this topic. These rules and regulations for Satellite Dishes/Antennas provide enforceable guidelines for owners as to size and placement or location of dishes, so owners are aware of how to handle the installation of dishes. The CCRs require that each owner maintain the exterior appearance of his/her property in a manner that upholds the quality of the neighborhood. The CCRs are to protect every owner's property value by ensuring a well-kept and desirous place in which to live, which includes esthetics involving after construction equipment added to a lot or a house. This principle relates and applies to dishes because their size and placement can and does affect the attractiveness of the community, and so also affect value and marketability of owners homes. The HOA does not intend to do anything which imposes unreasonable delay or expense to the installation of dishes, or to preclude or prevent reception of a quality signal for dishes. The Board believes these rules and regulations are a fair and reasonable balance between the right and need of Owners to receive quality signal or reception from dishes and the need to protect the esthetics/attractiveness of the community and quality of life for all owners. Under FCC regulations the HOA is not permitted to require prior submittal and approval before installation of a dish. However, owners are subject to and must comply with these rules and regulations, and if an owner does not, the HOA has the legal right to require owner's compliance. These rules, regulations and guidelines apply to all dishes and their associated components, including without limitation those placed on posts or other free standing support structures, which due to installation and use location are visible from the street. Section 3.2 Size restrictions. No antenna, satellite or microwave dish or other device for transmission or reception of television or radio signals (collectively "dish") over one (1) meter in diameter may be constructed, installed, erected, used or maintained on any lot, except to the extent that the Federal Communications Act and the Regulations adopted pursuant to such Act (collectively, the "FCC Rules") control the subject matter or are deemed to modify or supersede these provisions. Section 3.3 Preferred Placement of Dishes & Requirements Installation in the back on the home or in the backyard: It is preferred that dishes be installed in the back on the home or in the backyard of the lot. Dishes should not be visible from the street and may not be placed on posts or other free standing support structures (collectively "posting") unless such placement area or posting is uniquely necessary in order to obtain reception of quality signal, i.e., there is no other placement area or method of placement on owners' lot or home in the rear on the home or in the back yard area which will give a reception of quality signal. If a dish is installed in the front on the home or lot, owner must provide the HOA with a written opinion or statement from the dish vendor or installer that there is no other placement location that will Page 4 of 9

5 provide reception of quality signal and/or that placement elsewhere in accordance with these rules and regulations will cause additional expense or unreasonable delay in installation of the dish compared to vendor or installer's typical or usual placement or methodology of installing such dishes (based on how most home installations are performed by installer or vendor for a home and situation similar to owner's home). In the event owner shows a need to install the dish in the front on the home or in the front yard area of the lot based on a vendor or installer's written opinion, owner must take steps to reasonably screen the dish with landscaping shrubs or bushes subject to prior approval of such landscaping by the HOA and/or paint the dish a color that blends into the background of the home or lot colors, all provided that landscaping and/or painting will not interfere with reception or impose unreasonable costs on owner No placement on posts/support structures in front yard: If it is shown by owner to the HOA that placement of the dish needs to be in the front of the home based on the above provisions, dishes may not be placed on posts or other supports in the front yard area unless that is uniquely necessary in order to obtain reception of quality signal, i.e. placement on the front or a side of the home walls or roof will not give a reception of quality signal. If a dish is installed in the front area of the home or lot on a post or other free standing structure (and is visible from the street), Owner must provide the HOA with a written opinion or statement from the dish vendor or installer that there is no other placement location or method that will provide reception of quality signal and/or that placement elsewhere in accordance with these rules and regulations will cause additional expense or unreasonable delay in installation of the dish as compared to vendor or installer's typical or usual placement or methodology of such dishes (based on how most home installations are performed by installer or vendor for a home and situation similar to owner's home). The same screening and/or painting provisions apply to this subsection as set out in Section above Regardless of whether placement is in the front or back of a lot, if it is on a post or other free standing structure in the yard and visible from the street or to neighbors, the HOA may require it to be screened by shrubbery subject to prior approval of the shrubbery by the HOA and/or the dish to be painted a color that blends into the background of the home or lot colors, all provided that landscaping and/or painting will not interfere with reception or impose unreasonable costs on owner. Section 3.4 Retroactive Application. These Satellite/Antennas Rules and Regulations apply retroactively to and are enforceable as to all owners, including those with dishes pre-existing these rules and regulations. However, the Board will be sensitive to the circumstances and exercise reasonable measures regarding application of these rules and regulations to owners with dishes in place before its adoption. Section 3.4 Further Association Authority. The Board has the authority from time to time to adopt further rules and regulations governing antennas and satellite dishes it considers reasonably necessary, which are not in conflict with federal laws and rules pertaining to such devices. Page 5 of 9

6 Section 3.4 Severability or Policy Provisions. If any of these Satellite/Antennas Rules and Regulations conflict or are inconsistent with federal laws or rules and regulations adopted by agencies pursuant to such laws, the federal laws and rules will supersede and apply; provided, however, that the provisions herein that do not so conflict will continue to operate and apply to owners and the community. Article IV - Fines Schedule/Right to Hearing Section 4.1 Introduction. Pursuant to Section of the Association s CCRs and RCW (11), the following written rules and regulations are adopted in order to further and foster compliance by owners with the provisions and requirements of the governing documents of the Association. Washington statute RCW (11) provides that an association can levy reasonable fines in accordance with a previously established schedule adopted by the board of directors and furnished to the owners, for violations of the governing documents of the association. These rules are intended to provide additional incentive for compliance by owners who violate the requirements and provisions of the governing documents, not supplant or amend them, and in the event of an inconsistency or conflict between these rules and regulations and the governing documents of the Association, the governing documents provisions will supersede and apply. Section 4.2 Violations, Investigation and Fines Investigation/Notice of Violation. When a possible violation is reported to or otherwise becomes known to the Board, it will be investigated by the Board or its designated representative(s), and a determination made as to whether a violation has actually occurred. If a violation is found, written notice of the violation will be sent or delivered to the offending owner giving him/her a deadline date for compliance. The deadline given in such notice letters will be a reasonable time period within which to correct the violation and fully comply. In each case or matter, the Board will consider the nature of the violation, the circumstances of the owner and the property, and what it will take to correct the non-compliance in order to determine a reasonable time period deadline to give the owner to comply. If such notice warns that fines will be imposed if compliance does not occur by a certain date, the notice will also inform the owner of the right to request a hearing concerning the imposition of fines, pursuant to the provisions below in Section Rule - Legal Action. If the owner sent a notice of a violation does not timely comply and correct the violation, the Association may assess or levy fines against him/her and the lot according to the Schedule of Fines as set forth in Section 4.3 below. Additional fines may continue to be assessed while the legal action is in process, if the owner continues to violate the requirements of the governing documents. All attorneys' fees and costs shall be awarded to the prevailing party and recoverable from the losing party in any action, lawsuit or other proceeding involving the enforcement of the governing documents. Notwithstanding anything to the contrary herein, in the Board's discretion, legal action may be taken against the violating homeowner at any time after a compliance deadline is given to owner, and nothing in these Rules is intended to waive or Page 6 of 9

7 otherwise modify the Association's legal right(s) to take other enforcement measures in order to secure or achieve compliance Further Compliance Action by the Association. Notwithstanding anything to the contrary in these rules and regulations and the governing documents, the Association shall in all cases of a violation have the right to exercise the "self-help" provisions in Article 8.3 of the CC&Rs, which gives legal authority to the Association to enter upon an owner's property and to abate, correct and remove, at the expense of owner, anything that exists which constitutes or involves a CCRs violation. Additional fines and legal expenses will continue to accrue and be assessed against the violating owner while the violation is being corrected by the Association under the "self-help" provisions of the stated CCRs section 8.3. Section 4.3 Schedule of Fines If an owner violates any provision(s) of the governing documents and does not comply after reasonable notice and within the deadline given by the Association, fines may be imposed and accrue at the rate of Twenty Five Dollars ($25.00) per day until complete compliance occurs or is accomplished. Such fines may be assessed by the Association against any homeowner and his/her lot, starting immediately after the notice deadline period expires without the complete and total correction of the violation(s) by owner within that period. If the violation involves an intermittent offense or conduct, for example the failure to quiet and control a barking dog or periodic episodes of noise conduct which are disturbing other members from time to time, or other nuisance conduct, or disruptive actions or conduct of any kind which interfere with another owner or owners right and ability to reasonably and quietly enjoy their properties, the Association may levy fines on a per incident basis as follows: 1st offense = Warning to the owner and occupant 2nd offense = $ rd offense = $ th offense and each subsequent offense = $ per offense, for incidents or conduct occurring within a twelve month period of time. Section 4.4 Collection of Fines. The Association will bill the violating homeowner the applicable fines at such time and for such periods as the Association considers reasonable. All fines imposed by the Association upon an owner or owners which remain unpaid for thirty (30) days after being invoiced to owner shall automatically constitute a lien on the Lot and all its improvements, and may be handled and foreclosed upon in the same fashion as if it were a lien for unpaid assessments under the governing documents and the laws of the State of Washington. The Association may file a formal lien with the county in order to further protect its interests regarding the unpaid fine(s). The amount of the lien shall include interest, attorneys' fees, and all costs and expenses, incurred by the Association in the imposition and collection of such unpaid fine(s). Page 7 of 9

8 Section 4.5 Request for Hearing/Opportunity to be Heard. Any homeowner found by the Board to be in violation of governing documents provisions or requirements may request a hearing to offer a defense to, or to explain extenuating circumstances regarding, the imposition of fines Request for Hearing. The homeowner must complete a written Request for Hearing which shall be mailed or delivered to the Association. The appeal request must contain the following: a) Homeowner's name and address; b) Homeowner's reasons, basis and defense for the hearing; c) A copy of all supporting documentation; d) The name of any attending attorneys, witnesses or other collaborating guests; and e) The homeowner's signature and date of the Request for Hearing Hearing Procedure. The homeowner will be sent confirmation by the Association of its receipt of the Request for Hearing. The Board will appoint and assemble a minimum of three (3) (or more at the Board's discretion) current members of the Association and/or the Association's Board of Directors, or appoint and name a representative designated by the Board to act as a Review Board (the "Review Board") within seven (7) calendar days following receipt of a written Request for Hearing complying with the information requirements set forth above. No later than ten (10) calendar days following the formation of the Review Board, the Review Board shall mail or deliver notice to the appealing owner of a hearing date, which notice will provide the date, time, and location of the hearing, which is to be determined by the Review Board. The Review Board will permit the appealing homeowner up to thirty minutes to explain the circumstances of the matter and provide grounds as to why the fine should be waived, reduced or cancelled. At the conclusion of the presentation, the hearing will adjourn, and the Review Board will review the circumstances of the Request for Hearing as presented. Within seven (7) calendar days of the hearing, the Review Board will mail or deliver written notice to the homeowner of the Review Board's decision. If the Review Board finds in favor of the homeowner, it will advise the homeowner as to whether the violation and/or the fines originally imposed are reduced, modified, or waived. Any adjustment(s) shall reflect on the homeowner's account the following month. If the Review Board determines that the owner's explanation or defense presented at the hearing was inadequate or otherwise failed to justify a reduction, modification, or waiver of the violation and/or fines, the owner will be so notified, in which case the fines imposed will continue as owed to the Association until paid in full regardless of whether the violation has since been removed or corrected. In any event, if the Review Board finds against the homeowner, the fines will continue to accrue until full and adequate compliance occurs by homeowner. Page 8 of 9

9 ADOPTED BY THE BOARD OF DIRECTORS this 7 day of 0 cfohcr, Delaina Bochsler President, Stillwater Greens Homeowners Association Page 9 of 9