HOMEOWNER'S/RESIDENT'S GUIDE TO THE COMMUNITY BEAUTIFICATION AND MAINTENANCE STANDARDS AT SHAKER MEADOWS This summary is not intended to be a complete statement of the rights and obligations of homeowners in Shaker Meadows. Each prospective owner must read in its entirety the Declaration of Covenants, By-laws, and Articles of Incorporation for a complete statement of these rights and obligations. This Declaration is available through the Shaker Meadows Homeowners Association upon request. WHAT IS THE HOMEOWNERS ASSOCIATION? The HOA (Homeowners Association) is a non-profit association incorporated under the laws of the State of Ohio. The HOA is the key to preserving your environment, protecting your investment and providing for your continuing enjoyment. WHAT ARE THE FUNCTIONS OF THE HOA? The HOA has three primary functions: 1. To provide the continuing and efficient maintenance of community property within the Shaker Meadows subdivision. 2. To enforce the covenants throughout Shaker Meadows. The most desirable communities do not just happen. They must have a guiding hand. In some cases, it has been a developer. In other instances, governing bodies have taken the initiative. Whether it is the siting of a building, location of a road or landscaping of a green space, each element must be carefully woven to create and maintain a community that will endure the test of time. 3. To establish and enforce maintenance standards at Shaker Meadows. Proper maintenance must be accomplished to assure a timeless community. WHAT ARE THE GUIDELINES FOR THE HOA OPERATION? The HOA operates in accordance with a Declaration of Covenants, Articles of Incorporation, and By-Laws. In addition, the Association has the authority to establish rules and regulations relating to the use, operation, and maintenance of the community. HOW DOES THE HOA OPERATE? The Board of Directors contracts for and supervises all services necessary to maintain the common facilities. HOW IS THE HOA FUNDED? The HOA is a non-profit organization. Its operation necessitates the expenditure of funds for which all members are assessed. Each member of the HOA pays the HOA his/her annual dues of the assessment determined by the Board of Directors, which is billed to each member annually. WHAT DO THESE ASSESSMENTS COVER? Funds from the HOA are used to provide services to preserve the natural beauty and quality that makes Shaker Meadows unique. These services include the maintenance of common areas, community entrance signs, along with the administrative costs of professional management services. In addition, funds are used to maintain a healthy replacement reserve fund for future maintenance projects. The HOA is not responsible for community security or the maintenance, repair or replacement of streets, street signs, curbing, sidewalks, street trees, or mailboxes. WHAT IF A HOMEOWNER IS DELINQUENT IN PAYING HIS ASSESSMENT? A notice of delinquency is sent to the members. Payment is secured by a property lien and foreclosure as provided by the Declaration. WHAT OBLIGATIONS AND CONTINUING RIGHTS DO HOMEOWNERS HAVE? In addition to the obligation to pay the assessment to the HOA, each homeowner must comply with the Community Beautification and Maintenance Standards (CBMS) when requesting the modification of their structure or grounds, and abide by the Maintenance Standards and all rules and regulations established by the HOA. Shaker Meadows homeowners, as members of the HOA, are encouraged to participate in the control and operation of the HOA through their participation and vote. DOES THE HOA PROVIDE INSURANCE COVERAGE? The HOA does not provide homeowners any type of insurance coverage. It is the responsibility of each homeowner to purchase desired insurance protection. The HOA purchases liability insurance to protect itself and all owners, members and residents against liability arising from incidents involving common property and HOA concerns. WHAT CONSUMER PROTECTION IS AFFORDED BY THE HOA? The HOA, through the implementation of the Community Beautification and Maintenance Standards (CBMS) affords consumer protection to homeowners by establishing and assuring a uniform plan for the development and maintenance of Shaker Meadows. However, the HOA does not control contractual arrangements between a homeowner and his/her contractor, because the CBMS do not control construction quality. MAY THE HOA BE DISSOLVED? A 75% approval of all members is required to dissolve the Shaker Meadows Homeowners Association. WHERE DO MEMBERS OBTAIN HOA INFORMATION? The management company (Towne Properties Asset Management Company) for the HOA office is located at 11340 Montgomery Road, Suite 202, Cincinnati, Ohio 45249. The phone number is (513) 489-4059. Any owner or prospective owner of a home in Shaker Meadows should obtain copies of the Declaration, Articles of Incorporation, By-laws, and the Community Beautification and Maintenance Standards by calling or writing the managing agent for the HOA office. There is a copy and administrative charge for these copies. INTRODUCTION TO THE OUTSIDE STRUCTURE COMMITTEE Your life-style at Shaker Meadows is the result of a unique concept in community planning. A framework of standards has been established to beautify and preserve the distinct character of your community. They provide you with a wide variety of options for improving and maintaining your property which will enhance the value of your home and Shaker Meadows as a whole. This booklet is intended to aid you in understanding the Shaker Meadows Homeowners Association (HOA) and the Community Beautification and Maintenance Standards enacted by the Board of the Association. The Community Beautification and Maintenance Standards, guide you in the continuing upkeep of your property. They apply equally to all areas of Shaker Meadows. Individual consideration is given to each proposal.
The basis for these standards has been established in the Shaker Meadows Declaration of Covenants and Restrictions. This document is binding upon all Shaker Meadows residents. The following standards are intended to be representative and not necessarily all inclusive, and may be amended by the Association from time to time. OBJECTIVES This guide is designed to serve you, the resident, and the OSC. The specific objectives of this booklet are: To provide a standard review system for the OSC, for all modification proposals. To establish your awareness and understanding of the OSC and the standards they have enacted. To explain required procedures and approvals when modifying any structure or property. To assist you in preparing an application, that will be in an acceptable form, to the OSC. To list, by way of example, but not limited to, Maintenance Standards applicable to all Shaker Meadows residents. THE OUTSIDE STRUCTURE COMMITTEE The Outside Structure Committee (OSC), consists of three members. The duty of the OSC is as follows: 1. To review and respond to all plans and specifications as submitted by builders prior to construction on any parcel in Shaker Meadows. ITEMS REQUIRING OSC APPROVAL Section 5 (Approval of Plans) of the Declaration specifically provides and requires that "No Building or Structure of any kind shall be constructed, erected, placed, moved onto or permitted to remain on any lot unless and until plans and specifications for any such building or structure have been submitted to and approved in writing by the Developer, or a duly authorized successor of Developer. HOW TO APPLY FOR A STRUCTURE Application forms are available for downloading on the Association website (WWW.shakermeadows.org), and upon request from the Property Management office, Towne Properties Asset Management Company. Submittals should be sent to Towne Properties Asset Management Company, c/o the Shaker Meadows OSC. Along with the form, additional descriptive information must be submitted as part of the proposal. Incomplete submittals will be returned, noting the additional information required before the proposal will again be reviewed. Required Information For Structure Application: 1. Site Plan: This is most easily prepared by submitting a copy of the plat plan, which is available through your builder, the county offices, and sometimes your lender. Proposed changes must be indicated, including dimensions and distances from adjacent property and houses. This must be submitted on a sheet no smaller than 8 1/2" x 11". 2. Exterior elevations affected by the proposal: Photographs and manufacturers' descriptions as well as freehand sketches are to be used to convey the characteristics of the proposed changes. The amount of detail is to be consistent with the complexity of the proposal. All elements which are affected by the change must be shown and accompanied by a written description. 3. Colors and Materials: Colors and materials of the proposal must be provided. OSC REVIEW PROCEDURES The OSC generally meets monthly and will consider those proposals which are received no later than three working days prior to the next scheduled meeting. If you fail to receive any response after three weeks, call the HOA management office to inquire about the status of your application. The OSC reviews each submittal through examination of the plan, discussion, and consideration presented on the application. By a majority vote, the OSC will approve, approve conditionally, defer for additional information, or disapprove the application. Should the request be disapproved, the applicant will be provided with a justification of the decision. Should an application be disapproved, the applicant may supply the HOA with a WRITTEN appeal within 30 days of the disapproval date. The Board of Directors will conduct a thorough review, with consideration of the applicant's justifications for desired approval, and come to a final decision by majority vote. All submittals and subsequent OSC decisions are kept on file in the HOA office. VIOLATIONS The Board of Directors responds to written complaints from HOA homeowners regarding violations of the covenants by issuing a warning letter and then followed by a second letter certifying default to the HOA Board of Directors. The Certificate of Default also begins the legal procedure by the Association's attorney, which may include filing suit against the homeowner to cure the default. Homeowner violations may occur in three major instances: If a submittal is approved by the OSC but not implemented in accordance with the approved application, the homeowner will be notified in writing of the violation. The homeowner must then correct the non-conformance or submit an amended application for another review. If a structure is made after disapproval by the OSC, the homeowner will be given notice of the infraction, at which time necessary corrections must be made or an amended application must be submitted. Legal action by the HOA may rightfully be instituted if the homeowner fails to comply with the covenants. If a structure is made without prior approval of OSC, the homeowner is notified of the violation and an application must be submitted for review and approval. Section 10 paragraph 3 provides that If Developer employs counsel to enforce any of the foregoing covenants or restrictions by reason of such breach, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots. Pursuant to the above quoted provision of the Declaration, the HOA is entitled to recover costs it incurs exercising any of its rights under the Declaration These costs include, but are not limited to, any court costs or attorney fees which are incurred by the HOA in the maintenance of legal proceedings against a HOA homeowner or other occupant in violation of the standards.
COMMUNITY BEAUTIFICATION AND MAINTENANCE STANDARDS The following Community Beautification and Maintenance Standards cover a broad range of considerations which will assist you, the homeowner, in developing alteration proposals which are consistent with the character and quality of Shaker Meadows. These standards are intended to allow the greatest possible freedom within the framework of community continuity. Applications are required for any Structure or Fence. The OSC provides individual attention to each submittal. An application which is complete with all pertinent information will greatly assist the Outside Structure Committee in reaching a timely decision. COUNTY PERMITS Please note that some items require Clermont County review and permits, for which the homeowner is responsible. County authorities must be contacted prior to beginning any work to determine the procedures and permits which may be necessary. If any inconsistency exists between the standards of our Covenants and the standards established by a governmental agency, or recorded restrictions, the most stringent provisions shall apply. In any case, County approval does not supersede the need for OSC approval and vice versa. The OSC is not responsible for property encroachments which may occur during installation. FENCING Fencing should be recognized as having several functions: separation of Property, or security. In achieving any of these a barrier is created which has both visual and physical impacts. Careful consideration must be given to the effects fencing will have. Gates must match fencing in design, material, height and color. Fencing which is finished on one side only must be constructed with the finished side facing outward. The addition of plant materials adjacent to privacy fencing is encouraged and should be included with all fencing in order to soften the visual impact. Chain link fencing is prohibited. Fences with continuous foundations are not permitted where utility or drainage easements are to be maintained. Front yard fencing is prohibited. Permits are required by the Clermont County Building and Zoning Department. SHEDS Well-designed and sited outbuildings can enhance individual property and the neighborhood by concealing many cluttering objects. To achieve this the outbuilding must be compatible with both the architecture of the house and the landscape. Sheds may not be located in front yards. Views from other properties must always be considered. Color must match the house. Landscaping and/or fencing may be required to lessen the visual impact of the outbuilding. Sheds may not exceed an 8 x 10 design on lots 1/3 acre or less, and may not exceed 10 x 12 on lots larger than 1/3 acre. Walls are not to exceed 8 ft. in height. *Permits are required from the Clermont County Building and Zoning Department. GARBAGE BLINDS Garbage blinds when properly placed and painted can enhance individual property and the neighborhood by concealing outside garbage containers. Color must match the house. Walls are not to exceed 5 ft. in height. Garbage blinds may not exceed a 4 x 5 design. Construction must be of wood or composite material. Latice construction is recommended PATIO/DECK BLINDS Patio/deck blinds when properly placed can provide privacy and enhance the value of the individual home and the community. Walls are not to exceed 8 ft. in height. Walls are not to be placed more than 4 ft. from existing patio or deck. Walls are to be of wood construction. Landscaping may be required to lessen the visual impact of the patio/deck blinds EXTERIOR PAINTING Repainting or staining to match original colors does not require prior approval. SWIMMING POOLS All swimming pools require security fencing which can have significant impact on the site and adjacent properties. The fencing and landscaping surrounding a pool must be applied for at the same time as the application for the swimming pool and approval will be based upon all items. Pools shall be located in rear yards only. Removal or disturbance of existing trees must be avoided or minimized. Pools more than one foot above ground are prohibited.
SIGNS No signs, billboards or advertisement of any kind shall be displayed on or about any lot to public view except for signs advertising the property for sale or rent. ANTENNAS AND CLOTHESLINE Antennas must be approved as to size and location. Overall height shall not exceed 5 feet above the peak of the roof. Clotheslines must be retractable or some other temporary type. No permanent fixtures are permitted. SATELLITE DISHES Any satellite dish that is to be installed must not exceed 30 inches in diameter. DOG RUNS/HOUSES The following are strictly prohibited: Pet exercise or confinement areas or structures. Any structure resembling a dog run. Dog houses are permitted and must be compatible with the design of the existing residence and shall be placed as close to the back of the yard as possible. A landscape plan to soften the visual impact should be submitted concurrent with the dog house application. MAILBOXES Mailboxes are the homeowners' responsibility to maintain and replace. PARKING TRUCKS AND OTHER VEHICLES House trailers, campers, boats, semi-trucks, and box trucks may be temporarily parked in a driveway a total of 2 weekends, 2 times per year, which is generally utilized for cleaning and maintenance of such vehicles. A weekend is considered 5:00 p.m. Friday through 7:00 a.m. Monday. No trucks, boats, trailers, campers, mobile homes, buses or non-passenger vans, cars (which are not operational or are unlicensed), box trucks, service trucks, or trailers shall be permitted to be parked upon any lot or in front of any lot. MAINTENANCE STANDARDS Certain maintenance standards have been established in order to promote the health, safety and welfare of Shaker Meadows residents. Conformance with these standards helps to preserve, beautify and maintain Shaker Meadows as a community of high quality. In addition, general maintenance standards have been developed to enhance the visual effect and economic values of individual properties and the surrounding community. 1. All community property, as well as activities carried on within community property, shall be subject to rules established by the HOA. 2. No part of any dwelling unit or residential parcel shall be used for purposes other than housing. A dwelling unit may be used in part as the owner's or resident's office or studio provided that the activities conducted therein do not interfere with the quiet enjoyment or comfort of any other owner or resident and do not increase the normal flow of motorized or pedestrian traffic into or out of the dwelling unit or property. 3. No parcel shall be split or subdivided. 4. Homes shall not be leased or rented 5. No animals may be raised, bred, accepted or permitted on any property except for dogs, cats and other standard household pets, with the provision that they are not kept, bred or maintained for commercial purposes. In consideration of your neighbors, please see that your pet does not create a nuisance. Dog nuisance complaints should be directed to Batavia Township Police. Also, when walking your pet, be sure it is kept on a leash and be equipped with appropriate means to clean up after them. NO PETS are to be allowed to run unattended. 6. No residential or community property or community street abutting upon the same shall be used for parking of any trailer*, truck*, boat or anything other than operative automobiles, motorcycles or scooters. Any of such vehicles may, however, be parked or stored in an enclosed garage. Vehicles being used for the purpose of construction, delivery or repair work on residential or community property may be permitted to park. No parked vehicle shall be used as a form of advertising. *The word "Trailer" includes coach, house trailer, mobile home, automobile trailer, camper or any other vehicle whether or not self-propelled, constructed or existing in such a manner as would permit the use and occupancy for human habitation, storage or conveyance of machinery, tools or equipment whether resting on wheels/ jacks/ tires or other foundation. The word "truck" includes every type of motor vehicle other than passenger cars and other than any van or pick up which is used as the sole automotive vehicle by a resident. 7. All exterior surfaces, roof, walls, doors, windows, recreational and play equipment, outbuildings, dog houses, decks and any other structure on the parcel shall be maintained in good and clean condition. 8. Firewood shall be kept neatly stacked at all times in an unobtrusive location. 9. Drainage swales shall not be altered except in an emergency situation. These swales are to be maintained in good condition or repair by each resident so that there will be no interference with the normal water flow.
10. Where particular conduct or performance is recommended, any material or substantial deviation from the recommendations shall be considered to be a violation of these standards and appropriate action may be taken. 11. In the event that any recorded documents of the association, benefiting the owners or residents or the property provide for more stringent standards and maintenance, the more restrictive standards shall apply. IF YOU HAVE ANY QUESTIONS, OR NEED ADDITIONAL INFORMATION REGARDING THESE STANDARDS, PLEASE CONTACT THE MANAGING AGENT FOR THE SHAKER MEADOWS HOMEOWNERS ASSOCIATION OFFICE LOCATED AT 11340 MONTGOMERY ROAD, SUITE 202, CINCINNATI, OHIO 45249, PHONE: (513) 489-4059. AMENDMENTS AND ADDITIONS TO THE COMMUNITY BEAUTIFICATION AND MAINTENANCE STANDARDS The standards listed herein may be amended. Any change or amendment may likely be additive and shall not revoke any approval previously granted. The Board of Directors will evaluate the Community Beautification and Maintenance Standards periodically to determine if amendments are necessary. As a homeowner, you should submit, in writing, any suggested changes to these standards for the Board of Directors consideration. The majority vote of the Shaker Meadows Homeowners Association Board of Directors will prevail. This Homeowner's/Resident's Guide is periodically reprinted to include those changes to the Design/Use and Maintenance Standards which have occurred since its last printing. If a particular design, use, situation or circumstance is not addressed in this Homeowner's/Resident's Guide you should construe such as providing that such design, use, situation or circumstance is prohibited. You are encouraged to contact the Shaker Meadows Homeowners Association management company, Towne Properties Asset Management Company, if you are in doubt or contemplating any change in the design or use of your lot.