SUMMER RIDGE HOMEOWNERS ASSOCIATION FOR DIVISIONS 1, 2, 3, 4, 5, 6, 7, PARK
Effective June 14, 1999
The following are the Rules and Regulations for Summer Ridge Divisions 1, 2, 3, 4, 5, Park, 6, & 7 adopted as of (Date), by the Board of Directors (The Board) of the Summer Ridge Homeowners’ Association (HOA) pursuant to the authority granted to the Board in Section 3.B.1. of the Declarations of Covenants, Conditions, and Restrictions (Declarations or CCRs) of Summer Ridge Division 1, dated May 10, 1984, Division 2, dated May 13, 1985, Division 3, dated October 21, 1986, Division 4, dated October 7, 1987, Division 5, dated June 30, 1987, Division Park, dated February 28, 1989, Division 6, dated September 14, 1989, Division 7, dated December 14, 1989, and Article 15 of the Bylaws of the Association, dated June 14, 1999.
We are living in close association with our fellow residents and common courtesy dictates that our actions not infringe on the rights of other residents. These Rules and Regulations are designed to ensure that each of us achieves the maximum enjoyment of our homes. Each member of Summer Ridge, whether Owner, tenant, or guest, must comply with the Declaration, Bylaws, and these Rules and Regulations to promote the harmony and cooperative purposes of the community. Each Owner is fully responsible for the compliance of their family members, guests, tenants, and other occupants of the Owner's Lot/building and the Common Areas while they are within the boundaries of Summer Ridge.
The Board has classified violations into three levels, with corresponding monetary fines for each level. In the attached publication of the Rules and Regulations, rules are followed with a level of 1”, "2”, or "3” to indicate the level of a violation of that rule. Any violation of clauses appearing in the Declaration or Bylaws are considered to be of level 1.
After following the due process outlined in Article 16of the Bylaws, if the Board determines that the Lot Owner or tenant is not in compliance with the Rules and Regulations, the following fee schedule will be enforced.
Level 1 (minor):
First offense $10 Second offense $25 Subsequent offense $50
Level 2 (medium):
First offense $25 Second offense $50 Subsequent offense $100
Level 3 (serious):
First offense $50 Second offense $100 Subsequent offense $200
With respect to continuing violations, each day on which a violation continues shall be considered a separate violation and as stated in Section 16.3.6. of the Bylaws is grounds for the filing of injunctive relief or damages.
Fines will be payable to the Summer Ridge Homeowners’ Association within 10 days of notification. A late fee of $25 per month will be assessed against the Lot Owner for late fine payments. Unpaid annual assessments, etc., shall accrue interest at 12% per annum.
As used in the Rules and Regulations, "Governing Documents” means the Declarations, the Articles, the Bylaws, and the Rules and Regulations of the Association adopted as provided in the Declarations and Bylaws, as these documents may be lawfully amended and/or adopted from time to time.
As used in these Rules, "renting” or "leasing” a Lot/building means the granting of a right to use or occupy a Lot/building for a specified term or indefinite term (with rent reserved on a periodic basis), in exchange for the payment of rent (that is, money, Property, or other goods or services of value); but does not mean and include joint ownership of a Lot/building by means of joint tenancy, tenancy-in-common, or other forms of co-ownership.
As used in these Rules and Regulations, "tenant” means and includes a tenant, lessee, renter, or other non-owner occupant of a Lot/building that is not occupied by its Owner.
As used in these Rules and Regulations, "Common Area(s)” and "Common Maintenance Area(s)” means those portions of the Property described in Section 2.E. of the Declarations. "Development” means that certain real Property, also sometimes referred to as the "Property” or "Properties”, commonly known and referred to as the Summer Ridge Divisions 1, 2, 3, 4, 5, Park, 6, & 7 subdivisions, and legally described in the Declarations.
As used in the Rules and Regulations, the "Architectural Control Committee” or "ACC” means the duly appointed or elected committee of the Board of Directors as outlined in Section 4 of the Declarations.
Other definitions may be found in Article II of the Bylaws of the Association.
ARTICLE 1- COMPLAINT PROCEDURE AND ENFORCEMENT
1.1 The Board of Directors has the authority to enforce the Rules and Regulations. Please notify the HOA or a Board member if there is a problem or complaint.
1.2 Owners are responsible for the conduct of all members of their family or household and for the conduct of their tenants and guests and each Owner and tenant is jointly and individually responsible for any damage done to Common Area or Property of other Owners by all members of their family or household, their tenants, and their guests. Both the Owner and the non-owner violator may be penalized for violations of the Rules and Regulations. Owners renting or leasing their Lot/building must provide their tenants with a copy of all Governing Documents.
1.3 Enforcement of the provisions of the Declarations, Bylaws, and Rules and Regulations shall be done in accordance with Article 16 of the Bylaws.
ARTICLE 2- PROPERTY USAGE AND ACTIVITIES
2.1 Nothing shall be done or kept in any Common Area which will increase the rate of insurance on the Common Area or other Lots or improvement without prior written consent of the Board. Nothing shall be done or kept in any Common Area which will result in the cancellation of insurance on any part of the Common Area, or which would be in violation of any laws. (Level 3)
2.2 Nothing shall be altered, stored on, constructed in, or removed from any Common Area or Common Maintenance Area except where stipulated in the Governing Documents or with written consent of the Board, and in either case approved by the ACC.(Level 2)
2.3 No trash, plant or grass clippings, or other debris of any kind shall be dumped, deposited or placed on any Common Area or Common Maintenance Area.(Level 2)
2.4 No structure shall be erected or placed on any Lot, nor shall the exterior of any structure be altered, until the construction plans and specifications have been approved by the ACC according to the provisions outlined in Section 4 of the Declarations.(Level 3)
2.5 Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finishing staining/painting, within eight months after the date of commencement of construction. Variances may be granted by the ACC upon showing of good cause.(Level 2)
2.6 No permanent structure or landscaping of any kind, including fences, walls, or shrubs, may be built or placed within any of the road rights-of-way and easements except as approved by the ACC.(Level 2)
2.7 Fences, walls, or shrubs are permitted to delineate the Lot lines of each Lot except as per CCR Section 4.B.8 and subject to the approval of the ACC, but may be removed as necessary to allow use of utility and other easements.(Level 2)
2.8 No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot. All fences are to meet the standards set by the ACC and must be approved prior to construction.(Level 2)
2.9 No structure of a temporary nature, trailer, basement, tent, shack, garage barn, or any outbuilding, shall be used on any Lot at any time as a residence, whether temporarily or permanently.(Level 3)
2.10 Wiring to accessory buildings of any type shall be underground.(Level 2)
2.11 No sign, billboard, or other advertising structure or device shall be displayed to the public view on any Lot except that one sign not to exceed six square feet in area may be placed on a Lot to offer the Property for sale or rent. Political or issue yard signs, not more than two feet square and of a temporary nature, will be allowed during campaign periods. The ACC may cause any sign placed on a Property in violation of this provision to be removed and destroyed.(Level 1)
2.12 No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets will be permitted on any Lot.(Level 2)
2.13 All animals or pets, when in a Common Area or road right-of-way, shall be maintained on an adequate leash or other means of physically controlling the animal, by a person capable of controlling the animal at all times.At no time will unattended animals be permitted on Common Areas, road rights-of-way or other parts of the Development. Owners must clean up immediately after their pet if it relieves itself on a Common Area or other Lot.(Level 2)
2.14 No animal or pet shall be allowed to become a nuisance to other Owners or tenants.(Level 2)
2.15 No Lot shall be used in whole or part for storage or anything which will cause the Lot to appear in an unclean, disorderly, or untidy condition, as determined by the Board or ACC.(Level 2)
2.16 Boats, trailers, recreational vehicles, vehicles that have been tarped or covered, and disabled vehicles of any kind whatsoever shall not be stored upon the Property unless within a built-in garage or screened from view from the street by a fence in conformity with the CCRs and approved by the ACC.(Level 3)
2.17 No noxious activity or thing shall be permitted on any Lot which may be or become a nuisance or unreasonably interfere with the use and enjoyment of any part of the Development.(Level 2)
2.18 No Lot shall be used for anything other than residential purposes except that home occupations may be allowed as permitted by the Section 4.C.1.A. of the Declarations and applicable ordinances, codes, laws, or regulations. The HOA requires that such occupations be invisible to the neighborhood; specifically, no advertising, no noticeable increase in noise, no noticeable increase in vehicular and/or pedestrian traffic, etc.Specifically exempted are infrequently held and informal events such as garage sales, lemonade stands, etc.(Level 3)
2.19 No dwelling shall be erected, altered, placed or permitted to remain on any Lot other than one detached single family dwelling not to exceed two stories in height plus basement.(Level 3)
2.20 No single structure shall be altered to provide residence for more than one family.(Level 3)
2.21 Major construction or remodeling activities shall be carried on only between 8 AM and 6 PM on weekdays and 9 AM and 6 PM on weekends and holidays, unless prior approval is obtained from the ACC.(Level 2)
2.22 No external landscaping change shall be mode on any Lot or Owner-maintained Common Area until the plans and specifications have been approved by the ACC according to the provisions outlined in Section 4 of the Declarations.Excluded is standard and recurring maintenance that does not alter the overall appearance of the Lot or Common Area, and emergency actions needed to protect life and property.(Level 2)
2.23 No driveway extensions or modifications, or landscaping changes that in the judgment of the ACC have the appearance of being intended for additional parking or storage, will be approved.(Level 2)
ARTICLE 3- MAINTENANCE OF EXTERIOR AND GROUNDS
3.1 Each Lot shall be maintained by the Owner thereof in a neat, clean, and sightly condition at all times and shall be kept free of accumulation of litter, junk, containers, equipment, building materials, broken or damaged furniture, and other debris. All structures upon a Lot shall be maintained in good condition and repair, and be properly painted, stained or otherwise finished in accordance with the ACC architectural standards.(Level 3)
3.2 All trees, lawns, gardens, and plants shall be maintained and cultivated in a neat, clean, and sightly manner.This includes but is not limited to proper mowing, edging, and weeding of lawns, appropriate pruning of trees, weeding of flower, garden, or other beds, and any other steps that may be deemed necessary at the sole discretion of the ACC.(Level 2)
3.3 All refuse shall be kept in sanitary containers concealed from view of any Lot, and the containers shall regularly be emptied with the contents disposed of off the Development. Properly confined trash for garbage pickup may be placed out for pickup on the day prior to pickup day. Containers should be placed out of sight by 9 AM on the day following pickup day.(Level 2)
3.4 No grass clippings, leaves, limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on any part of the development, except that a regularly tended compost device shall be allowed.(Level 2)
3.5 No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device, whether operable or not, shall be permitted in open view from any Lot, EXCEPT this shall not exclude temporary (less than 24 hours) parking of vehicles on the designated driveway areas adjacent to garages on the Lots. This paragraph is not meant to disallow long-term (more that 48 hours) parking or storage of vehicles on the Lots, but if stored, they shall have the approval of the ACC. Situations may arise that could require open storage of vehicles within the driveway of a Lot for a short term period. Such special situations shall be reviewed by the ACC and, if approved by the ACC, shall be excepted from this rule for the time period approved.(Level 2)
3.6 Any damage to the Common Area or Common Maintenance Area or the improvements thereof, including landscape plantings, fences, etc., by the Owners, other residents, tenants or guests shall be repaired by said Owner within one week or the ACC shall execute said repair and assess the Owner for the costs thereof.(Level 2)
3.7 External winter holiday decorations, including but not limited to lights, shall not be put up earlier than the day following the fourth Thursday of November prior to the holiday, and shall be taken down no later than the last day of January following the holiday, except with approval from the ACC.Other temporary external decorations, if related to a particular holiday or event, shall be taken down no later than a week following the holiday or event, except with approval from the ACC.In all cases, such decorations shall be put up and taken down in a reasonable time frame, as determined by the ACC.(Level 1)
3.8 No tree, bush, other landscaping feature, or structure on any Lot shall be placed or allowed to grow in such a manner as to block, hinder, or otherwise impede use of any Common Area or public land, including but not limited to streets and sidewalks.(Level 2)
3.9 No goods, vehicles, boats, trailers, recreational device, or other equipment shall be parked or stored, whether temporarily or permanently, in such a manner as to block, hinder, or otherwise impede use of any Common Area or public land, including but not limited to streets and sidewalks. Vehicles may not be parked on sidewalks, whether fully or partially.Excluded is the temporary placement of containers for garbage collection as described in section 3.3 of the Rules and Regulations.(Level 1)
ARTICLE 4- ARCHITECTURAL CONTROL
4.1 All buildings and improvements on a Lot shall be a permanent construction and no temporary structure, trailer, tent, garage, outbuilding or other similar device shall be placed on any Lot except with the permission of the ACC.(Level 3)
4.2 No building, fence, wall, or other exterior structure shall be commenced, erected, or maintained upon the development, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the ACC as to harmony of external design and location relative to surrounding structures and topography. This includes exterior painting of any kind.(Level 3)
4.3 In the event of a dispute between the ACC or Board and an Owner or tenant relating to an ACC or Board approval required by the Rules and Regulations, that approval will be assumed to be denied or disapproved until the dispute is resolved, and approval explicitly given by the ACC or Board.
4.4 When considering any ACC or Board approval required by the Governing Documents, the ACC or Board may require that the Owner furnish evidence that all necessary permits from the City or other appropriate entities have been obtained.