INFORMATION PACKET FOR SOMMERSET ASSOCIATION HOMEOWNERS PREPARED BY SOMMERSET BOARD OF DIRECTORS AND THE ARCHITECTURAL CONTROL COMMITTEE
TO: SOMMERSET HOMEOWNERS In 1999, the completion of the Sommerset Addition Development, Pierce Properties, Inc. was completed and turned over to the residents of Sommerset in accordance with the Bylaws and Articles of Incorporation. The Sommerset Association was established to maintain the covenants and common areas of Sommerset Addition. The entity was organized as a not-for-profit to be managed by a nine person Board of Directors. The first Board of Directors was elected at the first Annual Meeting of the Sommerset Association on May 20, 1999. Each year since, the Board of Directors has met monthly to carry forward with the management of the Association business on behalf of the membership. By purchasing a home in Sommerset Addition each homeowner becomes a member of the Association. All members are subject to comply with the Covenants and dues structures as set forth in the Declaration of Covenants, Conditions, and Restrictions. Each homeowner is entitled to one vote in the Association (one vote per residence). As the governing body of The Sommerset Association, the Board of Directors, among other duties and functions, is responsible for maintaining, preserving, and providing architectural control of the residence lots, common areas, and is responsible for promoting the health, safety, and welfare of the residents who reside here. Furthermore, in order to ensure that homeowners maintain compliance with the existing covenants and policies developed by the Board of Directors, the Architectural Control Committee was established. As provided in the Declaration and policies established by the Board of Directors, no building, fence, wall or other above ground structure is to be erected in Sommerset Addition until said plans have been submitted to the Architectural Control Committee. The ACC reviews and recommends such plans to the Board of Directors for their consideration and approval. To ensure the Covenants are enforced and complied with, the Board of Directors and the ACC have developed and approved written policies designed to apply the covenants in the management of Sommerset Association. These written policies and procedures protect property owners and assist the members to maintain, preserve and provide architectural control, thereby protecting and increasing the property values and quality of life of members now and in the future. If any member needs a copy of the Declaration, which details the covenants, they are available from the Secretary of the Board of Directors. The Board of Directors is in the process of establishing a new website and does intend to make the Declaration along with policies and procedures available at the new website. As owners and members of Sommerset Addition, we will continue to work together to maintain and improve our investment.
SOMMERSET BOARD OF DIRECTORS AND THE ARCHITECTURAL CONTROL COMMITTEE 1. Architectural Control: Pursuant to Article VI, page 8, all building or exterior additions specifications must be provided to the Architectural Control Committee (ACC) and subsequently to the Board of Directors prior to construction. The ACC shall review plans prior to their implementation for any exterior additions such as sheds, decks, fences, recreational equipment or other structures to be attached to the property by members. The Board of Directors have approved the following policies to assure the members comply with the Covenants: A. Lot-line Perimeter Fences: Pursuant to Article VII, Section I, page 10, certain fence restrictions exist in the Sommerset Addition. Fence construction must be preapproved by the Board of Directors before construction begins. Upon receiving the review and recommendations from the ACC, your Board of Directors will review your plans and make a decision to approve or deny. If your fence construction proposal is denied the ACC/Board of Directors will notify you of the reasons for denial and will give you the opportunity to modify your plans in compliance with the recommendations of the Architectural Control Committee pursuant to the Covenants. General fence construction requirements are as follows: The type of fence required as seen on other sites within the Sommerset Addition The fence must have a maximum height of five feet. The fence must be constructed within 3 of the lot line. The covenants restrict certain lots to specific fencing designs. The fence shall be of wood construction. The framing of the fence must be to the inside of the lot The fencing should be stained in a natural cedar or brown stain No wire mesh, chain link or similar fence is allowed on any Sommerset lot All approved fencing and decking must meet the following standards: i. Stained within one year after installation. ii. Maintained; restained when it becomes necessary due to weathering and sun fade. If not completed in a timely manner, the Sommerset Board of Directors will make that decision and the homeowner must comply. iii. If a fence or deck starts to deteriorate, those parts or the whole fence/deck must be repaired, replaced, or removed. The homeowner agrees with these standards when applying for a Sommerset permit. The permit shall state the above policy, which is to be signed and dated by the homeowner and The Sommerset Association.
When selling a house, the homeowner agrees to disclose the policy to the new potential owners prior to the sale. Therefore, new owners will also be subject to this policy upon purchase of the home. It is important prior to the purchase of construction materials to seek initial review of your plans by the ACC along with pre-approval by the Board of Directors. This will prevent non-compliance with the policies and will assure success in your efforts to improve your property. B. Privacy Fences, Enclosures and Enclosure Fencing: Enclosures shall include, but are not limited to, any construction or addition to the lot within the interiors of lot boundaries not governed by perimeter fencing. The enclosure policy may include, BUT IS NOT LIMITED TO: patios, decks, hot tubs, privacy fences, and all other construction not used as primary housing or for perimeter or outer lot fencing. Enclosure construction must be pre-approved by the Board of Directors before construction begins. Upon receiving the review and recommendations from the ACC, your Board of Directors will review your plans and make a decision to approve or deny. If your enclosure construction proposal is denied the ACC/Board of Directors will notify you of the reasons for denial and will give you the opportunity to modify your plans in compliance with the recommendations of the Architectural Control Committee pursuant to the Covenants. General enclosure construction requirements are as follows: Enclosure fences can only enclose actual construction or addition area. This policy is not meant to circumvent the perimeter fencing requirements. The enclosure fence must have a maximum height of 6 The enclosure fence must be constructed of cedar-stained wood or approved prefabrication materials Color of pre-fabricated decking or enclosure fencing must be approved by the ACC Decks or exterior additions must be constructed of like materials as the enclosure fence Patios and privacy areas must be constructed of concrete, patio block, pavers, or wood. The framing of any enclosure fence shall be to the interior of the lot. No wire mesh, chain link or similar fence is allowed on any Sommerset lot C. Mailboxes: Pursuant to Article V, Section 6, page 9, all mailboxes and posts shall be maintained and identical to the posts and black mailboxes provided to the member when the Sommerset Addition and Subdivisions were established. General mailbox requirements are as follows:
The mailboxes and posts shall remain as close to identical as possible to those delivered by the developer Cedar posts shall be maintained and/or replaced as identical as possible to those provided by developer The posts are not to be painted or altered in any way from the original Restaining of the posts may be necessary, but the posts must be restained in the same color tone as when delivered The metal portion of the box must also remain the black/red flag, combination box should it need replacement due to damage The horizontal portion of the post must contain the street number painted in white as originally delivered by the Sommerset developer. All mailboxes will remain in the same location on the property as determined in the development plan New mailboxes, if being considered for replacement on a homeowner's property, requires pre-approval by the ACC/ Board of Directors. It is important for the property owner to seek approval prior to any considered replacement, should it vary from the original mailbox/post. D. Tanks: Pursuant to Article VI, Section 10, page 12, No elevated tanks of any kind shall be erected on any part of the premises. Any tanks in connection with the use of the residence, including tanks for storage of fuel, must be buried or walled sufficiently to conceal them from the view of neighboring lots, roads, or streets. Any homeowner considering placement of tanks on any premises shall be required to submit the plans to the ACC/Board of Directors for review and initial approval. E. Trash: Pursuant to Article VII, Section 9, Page 11, no garbage or other waste shall be kept except in a covered sanitary container. F. Sheds: Pursuant to Article VI, page 8, no storage sheds of any type shall be erected, placed or permitted on any part of a member's property. G. Basketball Backboards and poles: Pursuant to Article VI, Page 8, such structures as basketball backboards and poles are covered in the covenants as "other structures" and must comply with the following policy requirements as established by the Board of Directors: Equipment shall be as follows - Commercial metal pole. The color of the pole must be white, black or silver. - Backboard must be a clear or smoked glass: no wood or metal backboards will be allowed.
- The pole, backboard, and location of the equipment must be approved by the ACC prior to placement on the property. Portable basketball backboards not affixed to the homeowner's property shall not be allowed in the Sommerset Addition. Any homeowner considering placement of basketball backboards and poles on any premises shall be required to submit the plans to the ACC/Board of Directors for review and initial approval. H. Antennae/Satellite Dishes: Pursuant to Article VII, Sections 14 and 15, the following policy shall apply: No free-standing antennae or any antennae attached to a roof shall be more than three feet high above the highest point of the roof, except the height of the chimney. As a result of evolving technologies the Board of Directors pre-approves the placement of small DSS or similar units with a maximum diameter of 24 inches and does not require pre-approval. Any homeowner considering antennae/satellite dishes on any premises other than as described above shall be required to submit the plans to the ACC/Board of Directors for review and initial approval. I. "Other structures" including, but not limited to, backyard play stations, clothes lines, and flag poles. Pursuant to Article VI, page 8, the Board of Directors and the ACC require submission and pre-approval of any such "other structures" and/or additions to the homeowner's property. Failure to seek review may result in a Board decision to require removal of said "other structure" and/or addition. Article VIII, Section 1, provides for the right of the Board of Directors and property owners as members to enforce all restrictions, conditions, covenants, reservations, liens, and charges imposed by the provisions of the covenants. 2. Annual Dues: Pursuant to Article V, Section 3, page 6, after January 1 of each year, the Board of Directors shall levy an annual assessment (fee) upon each voting member (owner of residence) of the Association. The notice of annual fee will be sent to each residence in February. Payment will be due by April 30th and start accruing late fees beginning May 1st. If the annual fee and interest has not been paid by Dec 31st, a lien will be filed and the total amount due will include all fees. The collected fees shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the properties and for the improvement and maintenance of the Common Area. Currently, the annual fee is set at $60 and may be increased at the discretion of the Board of Directors as needs do arise.
Special Assessments: Pursuant to Article V, Section 4, page 6, in addition to the annual fees, the Association (Board of Directors) may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or part, the cost of any construction, reconstruction, repair or replacement of a capital improvement on the Common Area, including fixtures and personal property related to the Common Area. However, this special assessment shall require the assent of two-thirds (2/3) of the votes of the voting members in person or by proxy at a meeting duly called for this purpose.