PO Box 1416, Bettendorf, Iowa 52722 RULES AND INFORMATION GUIDE VISIT US @ www.phha1.org or www.pheasanthillshomeownersassociation.org Approved by the Board of Directors 7/17/13
INTRODUCTION This Guide is intended to provide current and prospective homeowners with information regarding the basic operation of our Association. It also attempts to clarify certain provisions of the Restrictive and Protective Covenants, an Amendment to the Covenants, the Articles of Incorporation and the Bylaws. These are the legal documents that govern the Association. This Guide is not a substitute for these documents and should not be viewed as such. However, there are certain areas within the legal documents where the language is not clear, or is subject to interpretation. In those instances, this Guide sets forth the Board s policies as they currently exist. This Guide should provide existing, new or prospective homeowners with useful information in a more clear and concise manner and format than is used in the legal documents. The Guide is not designed to address every situation that may arise, but it does address some of the more common situations, questions and complaints that come up from time to time. The Board of Directors is responsible for enforcing all rules and regulations. If you have questions concerning how to comply with any of the rules outlined herein, please contact Elite Property Management and/or the Board of Directors. 1
TABLE OF CONTENTS PAGE ORGANIZATION Organization 4 Board of Directors/Board Meetings 4 Property Managers and Maintenance Requests 4 Landlords 4 GENERAL INFORMATION FOR NEW HOMEOWNERS Covenants, Articles of Incorporation and By-Laws 5 Homeowner s Insurance Coverage 5 Monthly Dues 5 Swimming Pool 6 Email Addresses 6 Sale of Units 6 BUILDING AND ARCHITECTURAL Architectural Control 7 Routine Homeowner Maintenance 7 Roofing and Siding Replacement 7 Roofing and Siding Maintenance 7 Doors and Windows 7 Balconies/Decks 8 Privacy Fences 8 Skylights 8 Driveways 8 Sidewalks 8 Gutters 8 Light Fixtures 8 Sewers 9 Water Lines 9 GROUNDS Common Grounds 9 Common Grounds Maintenance 9 Snow Removal 9 Landscaping and Flower Beds 9 Flags and Banners 10 Signs For Sale, For Rent, Garage Sale, Political 10 Satellite dishes 10 2
Parking 10 Temporary basketball hoops 10 Garbage and Recycling 10 Moles, Wild Animals and Pests 11 Pets 11 RV Use on Common Ground 11 POOL RULES Pool Rules 12 3
ORGANIZATION Organization: The Pheasant Hills Homeowners Association (PHHA) is made up of 107 townhouses within 28 buildings located on Parkwild Drive, Prairie Lane and Red Wing Court. A sketch of the location of the buildings that belong to our Association can be found on our website at www.phha1.org, under the About Us tab. The Association s main purpose is to ensure quality maintenance of the buildings and grounds and to protect the large investment that each of us have in our homes. Board of Directors and Board Meetings: The PHHA is administered by a Board of Directors consisting of nine homeowner volunteers that are elected to three year terms on a staggered basis, with three seats up for election each year. The Board elects officers including a President, Vice President, Treasurer and Secretary. The current Board members and officers can be located on our website under the Contact Us tab. An election is held annually with ballots mailed to each homeowner after the November Board of Directors meeting. Ballots are counted at the Annual meeting on the 2 nd Saturday of December. Any member interested in serving as a director should contact any existing Board member. Monthly Board meetings are held at the Bettendorf Public Library and all meetings are open to the members. Property Managers and Maintenance Requests: The Association employs Elite Property Management (Jeff and Tamera Jacks) to handle the day to day operations of the Association. This includes collecting monthly dues payments, preparing financial reports, accepting maintenance requests for Board approval, overseeing the completion of maintenance or improvement work contracted by the Board, etc. All maintenance requests should be submitted in writing to Elite Property Management, either through email at elitepropertymanagement@live.com or by mail at PO Box 1416, Bettendorf, IA 52722. Maintenance requests will not be accepted from tenants; requests must come from the homeowner. For emergency situations only, you can call Jeff Jacks @ 309-721-9384 or Tamara Jacks @ 563-343-5663. Landlords: It is the responsibility of the homeowner to ensure that tenants are following all of the Rules of the Association. Please provide them with access to the website so they can keep up with the monthly minutes. Remember your tenant has no idea what the rules are or when repairs are scheduled to take place unless you make them aware. 4
GENERAL INFORMATION FOR NEW HOMEOWNERS Restrictive and Protective Covenants, Articles of Incorporation and By-Laws: The Restrictive and Protective Covenants, an Amendment to the Covenants, the Articles of Incorporation and the By-Laws are available on our website under the Covenants & Bylaws tab. These are the legal documents that contain the rules, regulations and operation of the Association. It is the responsibility of each owner to read and comply with the Restrictive and Protective Covenants governing the Association, so please take the time to read them before you purchase a property. Once you take title to any property within our Association, you become legally bound by the Covenants. The Board of Directors is responsible for enforcing member compliance. Many, but not all, of the areas covered within these legal documents are discussed within this Information Guide. Homeowners Insurance Coverage: All homeowners in the PHHA are required to have homeowners insurance coverage through Cincinnati Insurance Company, with the Pheasant Hills Homeowners Association named as a co-insured. You may use any agent you wish but it must be a Cincinnati policy (most homeowners use Arthur J Gallagher, formerly Trissel, Graham & Toole). In case of a disaster to multiple units or an entire building, this will allow us to start rebuilding immediately rather than deal with multiple insurance companies trying to determine responsibility. All owner occupied units should have an HO5 policy and all landlords should have a DP3 policy. It is important that you do NOT purchase a condo policy that insures only the inside walls and contents. You own the exterior of your building and must insure it with a normal homeowner s policy. Likewise, you must also ensure that the policy includes coverage for your garage. The Association does not maintain insurance coverage on any of the residential buildings. In addition, it is strongly recommended that your policy include coverage for sewer backup damage, as the homeowner would be responsible for this cost. Monthly Dues: Association dues are payable on the first day of each month and become delinquent if not paid by the last day of the month. Dues can be mailed to PHHA, PO Box 1416, Bettendorf, IA 52722. Dues can also be paid through an automatic ACH from your bank account to ours, although there is a modest setup fee charged to our account that you will need to reimburse us for. Please contact the Elmore office of Blackhawk Bank and Trust if you wish to get this set up. If you have questions about this process, contact Elite Property Management. The names of delinquent homeowners are published monthly in the financial statements emailed to the membership and posted to our website. Any amounts owed to the PHHA over and above one month s assessment will result in your pool key being deactivated until you are no longer in arrears. Homeowners with a balance due of greater than $500 will have a lien placed on their property and proceedings in small claims court will begin. 5
Swimming Pool: The PHHA pool is located at the corner of Parkwild Drive and Tanglefoot Lane. The use of the PHHA pool is a privilege, not a right. This is a family-oriented pool and inappropriate behavior and foul language will not be tolerated. The Board has adopted a zero tolerance policy and, at its sole discretion, can turn off key access to the pool for the remainder of the season for any offending homeowner. In the case of repeated unacceptable behavior, use of the pool by the offending homeowner will be withheld permanently. A list of rules that govern the use of the pool is included at the end of this Guide. To obtain a pool key fob, email Tamera Jacks at elitepropertymanagement@live.com. You will need to identify yourself and your property address. A $25 deposit is required to be sent to the PHHA at PO Box 1416, Bettendorf, IA 52722. The deposit is refundable upon return of the key to the same PO Box. Please request your key well in advance of when you intend to use it as it may take up to several days to send you the key. Do not expect same day or next day service. Only one key will be issued per household and only to homeowners. Keys will not be issued to tenants. Lost keys can be replaced upon receipt of another $25 deposit. The deposit on the lost key will be forfeited and that key will be permanently turned off. If your key is not working properly, a replacement key will be issued upon return of the non-working key fob. Email Addresses: New homeowners are encouraged to provide us with their personal email address and phone numbers. We send the monthly Board minutes and financial statements to the members by email only no hard copies are mailed. We also use the email list to send important information regarding scheduled maintenance and other news. And at times we may need to contact you by phone for emergencies or if we need an immediate response. Your email address and phone number will be used only for Association business. Sale of Units: It is the responsibility of each owner to convey a copy of Covenants, Articles of Incorporation and By-Laws to the listing Realtor at the time of listing the property for sale. Please also provide them with a copy of these rules. Owners who choose to Sell by Owner must also provide these documents to the buyer prior to closing. These documents are available on our website under the Covenants & Bylaws tab. 6
BUILDING AND ARCHITECTURAL Architectural Control: The Covenants require the Board to approve all architectural changes in order to prevent one member s changes from negatively affecting the value of another member s property. All such proposed architectural changes must be submitted in writing to the property manager for prior Board approval. This applies to all exterior changes or additions, i.e. doors, windows, hand railings, retaining walls, decks, balconies, light fixtures, etc. Please note that an individual board member cannot unilaterally approve a request for change. You are also welcome to present your request in person at a monthly board meeting. Please notify the association President so you can be placed on the agenda. If you plan to make significant changes, you will likely be asked to submit additional information such as brochures or sketches, and/or get the approval of your neighbors before the Board grants approval. Routine Homeowner Maintenance: Homeowners need to provide routine maintenance in a timely manner for any of the items for which they are responsible, as outlined below. These items include roofing repairs, exterior doors and windows, decks and balconies, privacy fences, sidewalks, gutter cleaning and lighting fixtures. If left unrepaired, these types of items can reflect poorly on the entire neighborhood and negatively impact the value of your neighbor s property. Therefore, if the Board of Directors determines that any of these items are in need of repair or replacement, the Board will contact the homeowner and request the repair or replacement be done in a reasonable timeframe. If the owner fails to respond to the Board s request, the Board will have the maintenance items performed and the owner will be assessed for the cost. In those situations where the responsibility is shared by neighboring members such as privacy fences, shared sidewalks, cleaning of shared gutters and replacement of lighting fixtures on an entire building, the Board will notify both homeowners. Roofing and Siding Replacement: The association shall replace roofs and siding only when necessary due to age. Roofing and Siding Maintenance: Maintenance of roofs and siding is the responsibility of the homeowners. The Association will contract for the inspection of the roofs and siding of all units on a regular basis, generally every 2 to 3 years. If the unit needs maintenance, the homeowner will be advised of the repairs that are deemed necessary. It will be the financial responsibility of the homeowner to have the repairs made, either out of pocket or by filing a claim on their homeowner s insurance. If the homeowner does not comply, the association will make the repairs and assess the owner. Doors and Windows: Maintenance and replacement of all doors and windows, including garage doors, are the responsibility of the homeowner, at their cost. Replacement of doors and windows requires 7
prior Board approval. The design and exterior color of all replacement doors and windows needs to be consistent with the other units in your building. Decks and Balconies: The maintenance and replacement of all decks and balconies is the responsibility of the homeowner, at their cost. Replacement of decks requires the prior Board approval, which is generally routine if there is no change in the size, shape, dimensions, color, etc. If changes are being proposed, the Board requests that you obtain the approval of your neighbors and provide us with an elevation sketch. Balconies, patios, decks and exterior stairways shall be used only for the purpose intended and shall not be used for hanging garments or other objects, or for the cleaning of rugs or other household items. No drying of laundry is permitted outside. Privacy Fences: Maintenance and replacement of privacy fences is the responsibility of the homeowner, at their cost. Skylights: With prior Board approval, homeowners may have skylights installed, at their cost. Thereafter, all maintenance and replacement costs for the skylights are the homeowner s responsibility. Driveways: The Association is responsible for the maintenance, repair and replacement of all driveways Sidewalks: Maintenance, repairs and replacement of the sidewalks, generally from the unit s front door to the front of the garage, is the responsibility of the homeowner or homeowner(s) in the case of shared sidewalks. Gutters: The Association is responsible for replacing gutters when needed. The homeowner is responsible for cleaning the gutters. This should be done at least annually in the fall, and more often depending on the number and height of trees around your unit, to ensure that the downspouts drain correctly. You can do the cleaning personally or hire your own contractor to do it. Or you can use the form at the end of the monthly Board minutes and the Association will schedule the job to be done by Mike Crampton for a very modest fee. Light Fixtures: Replacement of exterior light fixtures on all units is the responsibility of the homeowner, at the owner s cost. Any new light fixtures shall be comparable in size, design and finish to the existing fixtures. The decision of when to replace the fixtures will be the owner s 8
responsibility. Preferably, lighting fixtures for an entire building will be replaced at the same time to ensure uniformity. Sewers: The Association is responsible for the repair and maintenance of all sewer lines. Water lines: The homeowner is responsible for repair and replacement of water lines. This should rarely be needed. GROUNDS Common Grounds: All homeowners generally own the ground that extends a few feet beyond the exterior of their unit and garage, including the sidewalks from the front door to the front of the garage. The specific amount of personally owned ground differs for all buildings and the only way to know for sure is to have a survey done. All other grounds within the Association are considered common grounds. Common Grounds Maintenance: The Association is responsible for maintenance of the common grounds. This includes mowing, fertilizing, weed control, tree and shrub trimming and snow removal. This excludes any maintenance within the member s private patio areas as well as any flower beds, trees, shrubs, rock gardens, edging, etc. that have been added by the homeowner. Snow Removal: The Association contracts for snow removal only when over 1 ½ inches of snow has fallen. Homeowners are encouraged to purchase a shovel and have salt and sand on hand for lesser amounts or for drifting snow and ice melt. Our contract includes removal of snow from all sidewalks leading from the front door to the front of the garage. Following a snow event exceeding 1 ½ inches, please park your vehicles inside your garages if possible so the crews can plow effectively. Otherwise, the snow crews will work around any parked vehicles as best they can and the homeowner will be responsible for digging the vehicle out. Landscaping and Flower Beds: Members, at their own cost, may install flower beds, pots, flower boxes, urns, shepherd s hooks, plantings, etc. in their private patio areas and adjacent to their unit and garage. No planting or landscaping is allowed on the common grounds without the approval of the Board. All plantings and landscaping are expected to fit with the existing character of the neighborhood. It is strongly recommended that you get the approval of your neighbors prior to undertaking any significant landscaping project. 9
Flags and Banners: Flags, banners, wind chimes, hanging pots or other decorative hanging ornaments are allowed in the member s patio areas without prior approval of the Board. Signs For Sale, For Rent, Garage Sale, Political: For Sale and For Rent signs are allowed without Board approval. Open House and Garage Sale signs are permitted only on the day prior to and the day of the event. Political campaign signs are allowed, but not on common ground and only for a maximum of 30 days prior to an election. Signs must be removed the day after voting ends. Political signs should be positioned so that it is clear which homeowner is supporting the candidate or cause, preferably near the garage door of the homeowner. All signs shall be no larger than 5 square feet. Satellite Dishes: Satellite dishes are not allowed on common ground and cannot be attached to the roof or side of a building. Dishes should be placed either on a stand on the homeowners deck or on a pole as close to the members building as possible and should be as inconspicuous as possible. Please be considerate of your neighbors. Questions on placement of satellite dishes should be directed to Elite Property Management. Parking: Members are encouraged to park their vehicles only in the garage or the two spaces immediately in front of the garage. Street parking is also available. All other areas are common ground and no parking is allowed. This includes the turn around areas at the end of the driveways on Parkwild. The guest parking areas on Prairie Lane and Red Wing Court should only be used for temporary parking by guests. Only temporary parking of boats, trailers, motor homes and campers for loading and unloading is permitted on the driveways or in the street in front of the buildings. These vehicles should normally be parked in the garage or other storage arrangements should be made. Basketball hoops: Temporary basketball hoops are allowed. However, since many driveways in the Association are shared driveways, homeowners should be respectful of their neighbor s right to use the driveway and to park their vehicles on allowable parts of the driveway. Homeowners who set up temporary hoops are responsible for any and all damages caused to any vehicles or property. Garbage and Recycling: Trash carts and yard waste are picked up weekly on Thursday mornings. Additionally, recycling carts and bulky waste items (furniture, appliances, electronic waste, etc.) are 10
collected once a month. Be aware that, in the event of a holiday, pickup may be delayed by one day. Refer to the City s website for further information on trash, yard waste, bulky waste and recycling collection. Please place your carts curbside either the night before or the morning of your scheduled day. Trash and recycling carts must be stored in your garage or private patio area. No trash receptacles may be left in front of your garage door and you are expected to return your carts to your garage within 24 hours of the pickup. Moles, Wild Animals and Pests: The Covenants do not specifically address responsibility for controlling moles, birds, squirrels, bee hives and other wild animals or pests. Pets: The Covenants allow only one animal pet per household (fish and birds are exempted). However, the Board has chosen to only enforce this if there are nuisance or disturbance complaints. Pets shall be kept confined and, when outside the unit, shall be on a leash and shall not create a disturbance or nuisance. Residents are responsible for cleaning up after their own pets. RV Use on Common Ground: The operation of motorized vehicles such as snowmobiles, mini bikes, 4-wheelers, etc. is not permitted on the common grounds. 11
POOL RULES EMERGENCY NUMBER 911 THE POOL IS OPEN FROM 9:30 AM-9:30 PM. ANYONE IN THE POOL AFTER 9:30PM WILL HAVE THEIR PRIVILEGES REVOKED. NO LIFEGUARD IS ON DUTY NO ANIMALS ARE ALLOWED INSIDE THE POOL GATE NO SMOKING DISPOSE OF YOUR TRASH IN THE PROPER RECEPTACLE NO GLASS CONTAINERS ARE ALLOWED IN OR AROUND THE POOL NO DIVING SWIM DIAPERS ARE REQUIRED FOR ALL CHILDREN IN THE POOL THAT ARE NOT POTTY TRAINED NO RUNNING IN THE POOL AREA NO SKATE BOARDS OR BICYCLES ALLOWED INSIDE THE POOL GATE NO HORSEPLAY, LOUD MUSIC, SEXUAL BEHAVIOR, OR FOUL LANGUAGE WILL BE TOLERATED THE POOL IS NOT TO BE USED WHEN RAINING OR DURING SEVERE WEATHER PROPER ATTIRE IS REQUIRED; NO CUTOFFS OR SHORTS. THIS IS TO PROTECT THE FILTER SYSTEM PLEASE DO NOT HANG ON, REMOVE OR PLAY WITH THE ROPE PLEASE BE AWARE OF THE LOCATION OF THE EMERGENCY AND FIRST AID EQUIPMENT CHILDREN UNDER THE AGE OF 12 ARE NOT ALLOWED IN THE POOL OR POOL AREA UNSUPERVISED OUR GATE IS LOCKED FOR A PURPOSE, PLEASE DO NOT ADMIT SOMEONE WHO DOES NOT HAVE A KEY; DOING SO WILL JEOPARDIZE YOUR POOL PRIVILIGES. 12