The Townhomes at Birkdale Village Homeowners Association Rules & Regulations Handbook Adopted by the 2012 Board of Directors Effective Date: November 1, 2012
Board Contact and Information Sheet Please find below contact information for your 2012 Board of Directors and Community Manager. We ask that the Management Office be your initial point of contact for information, questions or concerns as the Board Members will change from year to year. 2012 Board of Directors Charles Longbottom, President Art Rouse, Vice President Brenda Carpenter, Secretary 2012 Management Company Henderson Properties 919 Norland Road Charlotte, NC 28205 Website Information: www.hendersonproperties.com: Select Association Management; Community List; The Greens at Birkdale; Sign In; Resource Center; Select Townhomes at Birkdale www.thegreensatbirkdale.com: Select Sign In; Resource Center; Select Townhomes at Birkdale If you have an Emergency Maintenance Request, please call 704-535-1122 immediately. Listen to the prompts. A direct phone number for an emergency technician will be provided. Please call the number that is provided and someone will be out to assist you as soon as possible. For community services, website administration, account inquiries, or to speak with your community manager for The Townhomes at Birkdale Village, please email to: hoa@hendersonproperties.com. 2
Rules and Regulations (Version November 1, 2012 The Townhomes at Birkdale Village is a planned developed community that is governed by recorded Covenants and Restrictions that permit the Board of Directors to create guidelines that further clarify the Covenants and Restrictions. These Rules and Regulations are adopted by the Board of Directors of the Association to further the public health, safety, welfare and enjoyment of The Townhomes at Birkdale Village by its residents. These Rules and Regulations are subject to change by the Board of Directors. These Rules and Regulations do not apply to or limit any power or authority of the Declarant under the Master Declaration of Covenants, Conditions and Restrictions of The Townhomes at Birkdale Village. Table of Contents 1. Architectural Approvals... 4 2. Home-Based Businesses... 4 3. Temporary / Permanent Conditions... 4 4. Animals / Pets... 4 5. Signs and Flags... 5 6. Noise / Nuisance... 5 7. Personal Landscape... 6 8. Unsightly or Unkempt Conditions... 6 9. Storage... 7 10. Temporary Storage Units... 7 11. Garbage / Recycle Containers... 7 12. Window Treatments... 7 13. Outdoor Furniture / Grills... 8 14. Holiday Decorations... 8 15. Garage / Yard Sales... 8 16. Parking / Vehicle Issues... 8 17. Commercial Vehicles... 9 18. Speed Limits... 9 19. Leases / Rentals (Tenants)... 10 20. Visitors / Guests...10 21. Play and Sports Equipment... 10 22. Swimming Pool Rules... 11 23. Playground Rules...11 24. Concerns / Complaints...11 25. Penalties...11 26. Receipt Acknowledgment...12 3
1. Architectural Approvals Removal, alterations or expansions of any kind must be referred to and approved by the Architectural Review Committee. The Architectural Review Form may be found under The Townhome section on The Greens website. No exterior antennas, earth stations, microwave dishes or solar panels are permitted without an ARC approval. Satellite dishes up to 19 inches in diameter are allowed, provided that the type and location of the dish is subject to prior approval of the ARC. No satellite dishes are to be on the ground or in any common area. 2. Home-Based Businesses A residential business must not impact the residential character of the neighborhood. In short, the business must be invisible. Home-based businesses are permitted provided the following criteria are met: It is not evident that home-based business is being conducted. The business use must be clearly incidental and secondary to the residential use of the home. The use shall not require any modification or alteration not customarily found in a home nor shall it be visible from a street or adjoining properties or detectable by sight, sound or smell from outside the Lot. There must be no window display, advertising, sign or other identification of the home occupation on the premises. The use will not materially increase vehicular or pedestrian traffic over that normally found in the neighborhood nor will any additional parking be needed or provided. The use shall not involve the storage of flammable, explosive or hazardous materials. The business must be lawful and adhere to any city or county restrictions 3. Temporary / Permanent Living Conditions No structure of a temporary nature shall be erected or allowed to remain on any Lot. No commercial vehicle, recreational vehicle, motor home, camper, camper truck, boat, trailer, inoperable vehicle or tent may be used as a living or dwelling area within the property. 4. Animals / Pets Other than normal household pets, no other animals including exotic animals, livestock or poultry of any kind, shall be raised, bred or kept on the property. Dogs, cats or other normal household pets may be kept in homes provided that such pets are not kept, bred or maintained for any commercial purpose. Pitbulls, American Staffordshire Terriers and Rottweilers are specifically prohibited. Homeowners must be respectful of Private Property and walk their pets on the Common Areas. (Private property is inside the perimeter of the sidewalks and alleys. The Association Board of Directors will review each occurrence reported.) Any damage by a pet to grass, plantings or any other property personal or common will be repaired and/or paid for by pet owner. 4
Homeowners must maintain control of their pets at all times. Pet waste is to be immediately collected by the Owner and disposed of in an approved waste receptacle. Dogs must be on a leash while outside the confines of the Owner s Lot. Dogs must never be left unattended on a leash or restrained by use of a tether outside the residence. Pets shall not be allowed to become a nuisance from excessive noise, odor or sanitary conditions. If a pet is deemed to be a nuisance to the community 3-1-1 may be called. The Association defines a nuisance dog as: Dog that continuously barks for fifteen minutes or more at any given time. Dog that bites. Dog running at large. Dog that damages Association and Private Property. 5. Signs and Flags Signs and flags are not allowed on the common areas. No signs or advertisements of any type shall be erected, placed or permitted on or above any residence or Lot with the following exceptions: A single House for Sale" or House for Rent sign which shall not exceed 2 x 3 in size may be placed at the front of the Homeowner s home inside the sidewalk or in the front window. A single security service sign not to exceed 1 x 1 in size may be placed at the front entrance of the residence. A single election sign not to exceed 2 x 3 in size is allowed 30 days prior and 10 days after an election at the front entrance of the residence. Residents may display one approved flag that includes the following: American Flag American Armed Forces Flag Other National or State Flag Family Crest College or Sports Team Flag (in season) Flag cannot exceed 3 x 5 and must be flown from a flag pole attached to a column of the front porch. Flag must be kept in good condition and not falling onto the shrubs. Small garden and seasonal flags are approved. 6. Noise / Nuisance No Homeowner or Tenant shall make or permit any disturbing noise to be created that will interfere with the rights, comfort or convenience of any other resident. Noises should not be heard off the property after the hour of 10:00 p.m. nor before the hour of 7:30 a.m. 5
Residents shall ensure that noise from vehicle/motor cycle engines, vehicle entertainment devices, tires and horns shall be kept below nuisance levels. Residents shall be responsible to ensure their guests are in compliance. The discharge of any firearm, fireworks, BB gun, pellet gun or any other noise-making or explosive device is prohibited at all times within the property. No offensive or illegal activity shall commence on any Lot, nor shall anything be done which may become an annoyance or nuisance to any other Resident. Nuisances shall include, but not be limited to, the storage of trash, rubbish, stored materials or other items which may make the Lot appear unclean or untidy, that emit foul odors, or that cause a noise that will or might disturb the peace and quiet of the occupants of surrounding Lots. Clotheslines are not permitted. Parents are responsible and financially liable for their children s actions. 7. Personal Landscape All exterior plantings and landscape changes, including removal, alterations or expansion of any kind to any Lot require the approval of the Landscape Committee/Board of Directors prior to planting or landscape improvements. These improvements must be maintained at Owner s expense. Any landscape changes installed prior to the Landscape Committee/Board of Directors approval will be subject to removal at Owner s expense. Shrubbery must be pruned to maintain proper size in relationship to adjacent plantings and intended function. Dead, damaged and diseased portions of existing trees must be pruned or removed. Overgrown branches must be trimmed away from roofs, exterior townhome walls, driveways, alleys and sidewalks. Any tree that becomes too large for the area in which it is planted will be subject to removal. All flower boxes and planting containers must have viable plantings or be stored out of site. All dead plantings must be removed and/or replaced. No vines of any type are permitted to grow on or around porch columns or siding. All planter beds must be kept free of weeds and dead plantings. Ground cover must be pine needles, pine bark nuggets, mulch or lava stones and refreshed annually. Weed barriers (plastic or landscape cloth) must be kept covered with an appropriate ground cover as stated herein. Prune groundcover plantings within planting beds to restrain growth onto adjacent property and sidewalks to insure appropriate appearance. No Owner or Tenant may alter any common property, including but not limited to original plantings. 8. Unsightly or Unkempt Conditions Driveways are to be clear of clutter and debris. Driveways are to be used for vehicle parking only and must be kept cleaned of all oil and other stains. 6
All porches, patios, driveways and yards of each Lot must be kept in a neat and orderly manner. Children s toys may not be stored on the front porch, patio, driveway or yard of any Lot. No Lot may be used for the storage of rubbish of any kind, including trash, various stored materials, wrecked or inoperable vehicles or other similar unsightly items outside of an enclosed structure. Hobbies or other activities, including working on motor vehicles, which might cause disorderedly, unsightly, or unkempt conditions, shall not be pursued outside of a dwelling s garage. All rubbish, trash, and garbage shall not be allowed to accumulate outside garbage and recycle containers provided by The Town of Huntersville. 9. Storage Storage of materials for Architectural Review Committee approved modification projects shall be discreetly placed and maintained in an orderly manner. Unused materials must be removed upon project completion. No other trade materials or inventories may be stored upon residential Lots. 10. Temporary Storage Units This section refers to storage units placed outside of a home or garage. Smaller units that are kept entirely inside (or in garages) are not subject to any restrictions. A single storage unit (POD) will be allowed for temporary use only and must be placed on driveway or street.. 11. Garbage / Recycle Containers Garbage and recycle containers must be placed at the alley after 5:00 p.m. the day before scheduled pickup. All containers must be off the alley, either in the garage, or stored against the rear wall/garage of the Townhome on the alley side no later than midnight on collection day. All trash shall be kept within a closed rollout container as provided by the Town of Huntersville. Cardboard boxes must be broken down and stacked at the alley on recycle collection days; and must be stored out of site until collection day. Yard waste, large bulky items (i.e. discarded appliances), and other debris that is not collected as regular waste cannot be placed at the alley. Please contact Town of Huntersville for pick up options. There shall be no dumping of any kind permitted on Common Areas. There shall be no dumping of trash, garbage, organic or inorganic waste or other unsightly materials on Homeowner s own property that can be seen or smelled from adjacent property or the street. 12. Window Treatments Window treatments such as blinds, draperies and shades shall be permitted and should be maintained in good condition visible from outside the Lot. Reflective material, newspaper and sheets are not permitted. 7
13. Outdoor Furniture / Grills No furniture intended for inside use shall be used, stored or kept on the exterior of any Lot. All furniture designed for outside use must be kept on porches, patios, decks or landscaped areas designed for the purpose of furniture usage. Propane gas tanks are not permitted to be used or stored on front porches. Propane gas tanks connected to gas grills are permitted to be stored on patios. Per Mecklenburg County Fire Marshal s Office, it is good practice that charcoal burners and other open-flame cooking devices shall not be operated within 10 feet of combustible construction. Excessive heat from grills may cause siding to melt. 14. Holiday Decorations Exterior holiday decorations shall not be installed more than 30 days before the celebrated holiday and shall be removed from the exterior of the home no later than 20 days following the celebrated holiday. 15. Garage/Yard Sales No Homeowner is allowed to have an individual garage/yard sale with the exception of a moving sale that must include prior notification to the Board of Directors. Moving sales must be held on Saturdays only. Homeowners will be advised of the yearly community yard sale held at the Park on the Greens. Individual Townhome yard sales will be allowed at this time. Items for yard/moving sales must be placed on the driveway, back yard and in garages only. Unsold items must be removed from these areas at close of yard sale no later than 1:00 p.m. 16. Parking / Vehicle Issues No large commercial vehicle, recreational vehicle, motor home, camper, camper truck, water craft, motor cycle, motorbike or other motorized vehicle, trailer, unlicensed vehicle, wrecked or inoperable vehicle may be parked on any part of the common area/sidewalks, including driveways, patios or any other part of the Lot unless fully enclosed within a garage. No vehicle in disrepair may be parked outside of the garage. No vehicle may be dismantled, rebuilt, repaired, or serviced outside of the garage. Parking must not obstruct driveways or sidewalks. The Town of Huntersville Ordinances require the following: parking in the direction of traffic flow, no parking within 15 feet from an intersection, no parking within 15 feet from a fire hydrant, no parking within 30 feet of a stop sign and require a minimum of 12 feet clearance for emergency vehicles. Driving through a Common Area is prohibited. Dirt bikes and all-terrain vehicles (ATV) are prohibited by NC state law from being ridden on any public roadway. No dirt bikes, ATVs or unlicensed vehicles shall be operated on Association property. Homeowners will be responsible for the removal of any oil stains in the street including those made by their guests and contractors. 8
17. Commercial Vehicles Due to exposure of more commercial vehicles being used in the work force Owners will be allowed one small commercial vehicle per residence since this class of vehicle is typically used for both non-commercial and commercial purposes. A small commercial vehicle will be defined based on the following criteria: Pick-up truck, van or SUV used for both personal and commercial purposes. Curb weight of 5,900 pounds or less. Work area/cargo bed no more than 7 feet long. The height of the work area/cargo does not exceed the height of the cab. A small commercial vehicle as described herein will be allowed based on the following criteria. Use may be determined by the presence of commercial signage, vehicle design, contents or any other reasonable criteria approved by the Board of Directors. Custom fit vehicle cover, taupe in color, to hide all commercial signage. Magnetic advertising signs must be removed from vehicle when parking on any Association property. Any vehicle, if the vehicle is required to be available at designated periods at a residence as a condition of the Resident s employment that includes police department, fire department and governmental departments and all of the following criteria are met: (1) the vehicle bears an official emblem or other visible designation of the emergency service provider and (2) parking of the vehicle can be accomplished without obstructing emergency access or interfering with reasonable needs of other Residents to use streets and driveways within the community. The regulations contained herein shall not be deemed to prohibit commercial and construction vehicles, in the ordinary course of business making deliveries or otherwise providing services to the Association or its members. A commercial vehicle as described herein will not be allowed within the Association property based on the following criteria: Visible lettering, advertising, graphics, wrappings or the like. Platforms, racks, storage units, or other equipment designed for carrying goods other than the personal effects of passengers. Visible tools, equipment, materials, ladders or the like used or intended for use in any business enterprise or for any commercial purposes. Any vehicle over 5,900 pounds curb weight. Any vehicle over 19 feet in length bumper to bumper. Any vehicle over 7 feet in width at its widest point not including mirrors. Dually Trucks Flat Bed Trucks Vehicles over 3/4 tons 18. Speed Limits The speed limit in a residential neighborhood is 25 MPH. 9
19. Leases / Rentals (Tenants) Homeowners who lease or rent their home are responsible for providing tenants with a copy of the Declaration of Covenants, Conditions and Restriction, Resolutions and Rules and Regulations of The Townhomes at Birkdale Village Homeowners Association no later than the commencement of lessee s or renter s occupancy and any lease or rental agreement must include the following notice: The terms of this (rental or lease) agreement are subject to the provisions of the Declaration of Covenants, Conditions and Restrictions, Resolutions and Rules and Regulations of The Townhomes at Birkdale Village Homeowners Association. Any failure by the (lessee or renter) to comply with the rules or terms of these documents shall be in default under the (lease or rental agreement). Homeowners must immediately provide in writing to the Association Management Company upon lease or rental of their home: Tenant s Name(s) Owner s New Address Certification by the Homeowner that the Tenant has been given a copy of the Declaration of Covenants, Conditions and Restrictions, Resolutions and Rules and Regulations and any other governing documents in effect at the time of lease. Homeowner must complete the Receipt Acknowledgment form provided at the end of these Rules and Regulations that they have provided a copy of the Declaration of Covenants, Conditions and Restrictions, Resolution and Rules and Regulations for The Townhomes at Birkdale Village. This form is available on The Townhomes section of The Greens at Birkdale Village website. Homeowners shall be responsible for assuring compliance by Tenants with the Governing Documents listed herein. Homeowners must understand that, should their Tenants violate rules or provisions, the Association usually has no direct legal recourse against the Tenant, but rather must pursue enforcement against the Homeowner. Tenants are entitled to use and enjoy all common areas and amenities during the time they occupy the home and abide by the Governing Documents listed herein, provided that all Association dues and assessments are current. Tenants may not serve on the Board of Directors or as Officers of the Association. 20. Visitors Homeowners are responsible to ensure that their visitors comply with the Governing Documents. Each Homeowner is liable to the Association for damage to property caused by the negligence or misconduct of the Homeowner or his family, visitors, tenants, tenant s visitors, agents, contractors and employees. 21. Play and Sports Equipment Due to safety issues swing sets, sliding boards, climbing structures, trampolines, free standing and wall mounted basketball goals are prohibited. Play equipment must be located in rear yards only, must be neat and orderly in appearance and finish, and stored out of sight when not in use. Play equipment will be located away from property lines adjacent to other houses..no play equipment or games shall obstruct traffic on the alleys. 10
22. Swimming Pool Rules Swimming pool rules are posted at The Greens Clubhouse/Pool entrance. Every household is responsible for ensuring that all family members and their guests understand and follow the rules set by The Greens Property Owners Association. 23. Playground Rules The playground is intended for children under the age of 12 with adult supervision at all times. 24. Concerns / Complaints Submit in writing to Henderson Properties, 919 Norland Road, Charlotte, NC 28205. Submit via email to Community Manager at hoa@hendersonproperties.com. 25. Penalties Violations of the Rules and Regulations shall be subject to warnings and/or fines as permitted in the Covenants, Conditions and Restrictions and By-Laws of The Townhomes at Birkdale Village Homeowners Association. 11
RECEIPT ACKNOWLEDGEMENT I do hereby acknowledge the receipt of these Rules and Regulations of The Townhomes at Birkdale Village Homeowners Association. Please sign and return this form to the Association s management company at the following address: The Townhomes at Birkdale Village Homeowners Association C/o Henderson Properties 919 Norland Road Charlotte, NC 28205 Homeowner Name(s): Property Address: Homeowner Signature: Homeowner Signature: Date: Date: 12