Parkside Homeowners' Association

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Transcription:

Parkside Homeowners' Association RULES & REGUlJIDONS 1. APPUCAIICN ANDAUIHCRIIY 1.1 Purpose. These rules and regulations ("Rules") have been established to ensure the maximum enjoyment of the neighborhood by all residents, protect the investment of the Homeowner and make the neighborhood, as a whole, a place where owners take pride in the propelty. 1.2 Authority. These Rules have been approved by the Board of Directors in accordance with the Washington State's Homeowners' Associations statute CRCW 64.38), the Association's Declaration, Articles and Bylaws and are subject to change with written notice to all owners and residents to their last known mailing address. 1.3 Conflicts. In the event that these Rules conflict with the Declaration, the Declaration shall control. 1.4 Publication. A copy of the Rules shall be provided to or sent to all owners at their last known mailing address. Owners are responsible to provide a copy to tenants. 1.5 Universal Application. All owners, tenants, guests and pets are subject to these Rules. It is the responsibility of the ownercs) to notify tenants and gnests of these rules, and the owner shall be held responsible by the Board of Directors for actions of the residents/guests in violation of these rules. 1.6 Inclusion of CCR 's. These Rules are intended to supplement the Association's Declaration of Conditions, Covenants and Restrictions. The contents of the Declaration of Conditions, Covenants and Restrictions are incorporated herein by reference.

2. GENERAL RULES ffieided) 3. AIIEARANACEAND CHAl\GES 3.1 Architectural Control. Homeowners shall prepare written plans and specifications for any proposed architectural change including roofing, siding, exterior painting, accessory structures, fences, landscaping screens, major landscaping projects including tree removal, walls, appurtenant recreational facilities or other exterior structures to be placed on or removed from the Property. These written plans and specifications shall be first submitted by the Owner to all adjacent Owners for their review. Subsequent to this review, the plans and specifications shall be submitted by the Owner to the Architectural Control Committee in duplicate for review. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identity of the Lot involved, comments from adjacent Owners and the following information about the proposed structure: (a) The location of the structure upon the lot; (b) The elevation of the structure with reference to the existing and finished Lot grade; (c) The general design; (d) The exterior finish materials and color, including roof, siding and fence materials; (e) The landscape plan including front and back yards; and (f) Other material which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the Committee in evaluating... ~ development proposals. Once the Architectural Control Committee has reviewed the plan, they will provide a written response to the submitting homeowner within three (3) weeks. For submission of more complicated projects, the Architectural Control Committee will contact the homeowner to give them an appropriate timeframe. Failure to obtain approval for one of the aforementioned projects constitutes a violation. Each week an unapproved project continues, or each week an approved project that does not conform to the approved plan constitutes a separate violation. Fines or other penalties may... ~ be imposed by the Board for such violations. If the submitting homeowner disagrees with the decision of the Architectural Control Committee, they can appeal to the Board in writing within 15 days. The Board will provide a written response within 15 days and it will be final. Any violations or fines will be held until the Board's final response.

3.2 Maintenance of Structures. Each Lot and Residence shall be maintained by the Owner in a neat, clean and sightly condition at all times. Excessive mildew on the exterior of houses, excessive moss or other accumulations on roofs, fences in disrepair, or any other condition deemed by the Board not to be in accordance with the Covenants, Conditions and Restrictions shall be considered to be a violation of these Rules and Regulations. Each week that a structure is not maintained shall constitute a separate violation. Fines or other penalties may be imposed by the Board for such violations. 4. CD\.1MJ"J AREAS (Reserved) 5.1 Landscape Maintenance. Landscaping shall be maintained in a neat, clean and sightly condition at all times and shall be kept free of accumulations of litter, junk, containers, equipment, building materials and other debris. No grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the Properties. Each week that Landscaping is not maintained shall constitute a separate violation. Fines or other penalties may be imposed by the Board for such violations. 5.2 Trash Containers. Homeowners must remove all garbage and trash containers from sight by the end of the day on each garbage collection day. All waste containers must be kept concealed in the garage or behind fences, out of sight from the street, yards and main floors of other residences. Each time that trash containers are not removed from sight by the end of garbage day shall constitute a separate violation. Fines or other penalties may be imposed by the Board for such violations. 5.3 Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or any other equipment or device shall be permitted in open view from any Lot or right-of-way. However, this provision shall not exclude temporary (less than 24 hours) parking or storage of Vehicles on the designated driveway areas adjacent to garages on the Lots. This rule is not meant to disallow permanent (more than 24 hours) parking or storage of Vehicles on the Lots, but if stored, Vehicles shall be adequately screened from the view of adjacent rights-of-way and Lots. Screening of such Vehicles must have the

approval of the Board. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a Vehicle may secure written permission from the Board for such guests to park the Vehicle upon the Lot owned by the Owner for a maximum period of one week. Such a privilege shall only exist, however,... after the written permission has been obtained from the Board. The exception allowing temporary parking of vehicles is intended to permit owners to load and prepare their recreational vehicles before, or to unload and secure their recreational vehicles after an outing with the vehicles, and it is not permissible for an owner to skirt this exception by moving the vehicle from place to place each day. Each day that the Committee deems that one of the aforementioned items is stored improperly shall constitute a separate violation. Fines or other penalties may be imposed by the Board for such violations. 5.4 Parking in Driveways. CCR section 9.1 and Rule 5.3 (above) both refer to..."storage" of "vehicles" (mostly referring to toys like boats, RV's, etc), and some confusion arose as to the potential applications of the "no-storage" rules to the usual parking of cars on driveways. The Board recognizes that owners are allowed to park their primary vehicles (street cars and/or trucks used for dayto-day personal transportation) on their aprons (the aggregate concrete areas connecting the garages to the public street), but there are some limitations. In order to clarity which parking uses are not considered to be "storing" a vehicle on a drive way apron, a distinction is hereby made between "permissible driveway parking" and "storage ofvehicles". In order for a car or truck to be qualified for "permissible driveway parking", and thus within the Owner's prerogative to be parked on the Owner's driveway apron, the vehicle must (i) be in good operating condition and repair, and (io have current license plates and tabs, and (iii) be in regular use by the owner(s). Regular use of a vehicles means that it is driven by the Owner(s) each week. For example, if a homeowner parks a car on his driveway, but that car is not driven at least once each week, then the outdoor parking of that car does not quality as "permissible driveway parking", but it is instead being improperly stored on the driveway and thus subject to imposition of penalty fines by the Board. Owners are reminded that City of Mill Creek ordinances require that vehicles parked on a driveway (at any time and for any purpose) must not extend over or across the sidewalks. 6. ENKRCEl\1ENT 6.1 Board's Authority. These Rules shall be adopted and enforced by the Board of Directors as provided for in the Articles of Incorporation and in the Declaration of the Association. Owners are responsible for compliance by their tenants.

6.2 Homeowners Complaints (a) Self Help First. If you are disturbed by the actions of other residents, you may wish to make a personal contact with the offending party to make them aware of the situation. Often a friendly reminder resolves the situation. If the grievance is not rectified after talking with the other party, you may submit a formal complaint to the Board of Directors for action. ~(b) Written Complaints. If you feel that one or more of the Association Rules have been violated, you may submit a complaint to the Board of Directors. Complaints may be written or emailed through the PHA website and must be dated, identify the specific rule or rules suspected of being violated and signed by the party submitting the complaint. (c) Board response. As soon as is practicable, the Board will consider the complaint and make a determination as to whether any rules have been violated and if any further action is necessary to stop the violation. The Board will endeavor to inform the complainant of the Board's decision. 6.3 Fines. Violations of these Rules may result in the imposition of a fine. (a) General Fine Schedule. Unless some more specific schedule of fines has been published to redress specific rules violations, fines may be imposed, at the sole discretion of the Board, as follows: First violation - wan1ing notice Second violation - $25.00 Third violation - $50.00 Fourth violation - $250.00 Fifth violation - to be determined by the Board of Directors. Directors may determine that each day during which the violation continues is a separate offense subject to a separate additional fine not to exceed Twenty dollars ($20) for each offense.

(b) OllllO&':11ity for Hearing. Before any fine or damage repair assessment is made against any unit, the Board of directors will notify the owner and residents of that unit in writing of the amount of the fine and/or damage repair and the reason for the assessment. The resident or owner of that unit shall have fifteen (15) days to request a hearing before the Board of directors to have the matter reviewed. This request shall be made in writing to the Board. If no request for hearing is made, the fine and or damage assessment will become effective against that lmit. 6.4 Notice of Violation. If the Board determines that a violation of a rule has occurred, the Board may, in its sole discretion and without limiting any other remedies available to the Board, send written notice of a violation to the offending party, and the owner of the lot which that person occupies if that person is not the owner, specifying the particular rules being violated and suggesting a specific remedy or course of action to be followed by the offending party for redressing or alleviating the situation. If the violation constitutes a recurring violation or a violation for which a general or specific fine schedule has been published, the notice shall also specify the fine being imposed on the offending party, subject to an enforcement hearing at the option of the offending party. 6.5 Enforcement Hearings~ If a hearing is requested pursuant to paragraph 6.3, the Board shall schedule a meeting with the homeowner within twenty (20) days of the receipt of the notice of request of hearing to review the matter. All parties shall have an opportunity to be heard at the hearing. Any party at the hearing may be represented by counsel. After all testimony has been given, the Board of Directors shall then determine, by a vote of the members, if a Rules violation has occurred and if a fine shall be issned. The majority of the Board members shall prevail. All parties shall be notified in writing of the decision. 6.6 Lien for charges. Fines and damage assessments imposed under these rules will give rise to lien right in the Association for collection of amounts due, and snch liens may been forced the same as general liens for delinquent assessments pursnant to Article 8 of the Declaration. 6.7 Alternative Remedies. Nothing in this section shall be construed as a prohibition of or a limitation on the right of the Board to pursue other means to enforce the

provision of the various Association documents, including but not limited to legal action for damages or injunctive relief. 7. GENERAL ffiovisions 7.1 Meanings. Words and phrases used in these Rules shall be given their ordinary meaning unless otherwise provided for herein. 7.2 Amendments. These Rules may be amended by the Board of directors in accordance with the Articles of Incorporation of the Homeowners' Association and the Declaration. Adopted on by the Board of Directors Bill Scllatz - President ~ Art Sandell- Vice President Peggy Ross - Secretary