Originally from James D. Wolfsberger Amended April 24, re: Bylaws, Rules & Regulations for Spring Valley Golf Estates

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Transcription:

Originally from James D. Wolfsberger Amended April 24, 2018 Homeowner Association Members: re: Bylaws, Rules & Regulations for Spring Valley Golf Estates The following is a summary of what I consider to be some of the more important "Bylaws, Rules, and Regulations", which may have a significant impact on each of us as members of the Homeowner's Association (HOA) for Spring Valley Golf Estates. This list has been developed to assist HOA members so that they may be made aware of the potential impact of the bylaws, rules and regulations. HOA Membership Section 1.28 Member: Each Owner, as set forth in Sections 1.30 and 4.1. Section 4.1 Membership: Members of the Association shall be every record Owner of a Lot subject to this Declaration. Membership shall terminate on transfer of a fee simple title by the Owner, but may not be separated from the ownership of a Lot. Improvements Section 1.23 Improvements: Any exterior construction, structure, fixture, or facilities existing or to be placed on a Lot constructed in the Common Interest Community, other than initial improvements, including but not limited to: buildings, outbuildings, swimming pools, tennis courts, patios, patio covers, awnings, solar collectors orianels, paintkg or other finish materials on any visible structure, additions, garages; carports, driveways,- fences, screening walls, retaining walls, stairs, decks, streets, drainage facilities including any change in slope, pitch or drainage pattern), exterior light fixtures,- polestbasketlyalstandstrampolines, or other recreational or spotting equipment, signs, satellite dishes, antennas, exterior tanks, and exterior air conditioning, cooling, heating and water softening equipment. Section 8.1 Written Approval of Plans Required: No improvements (other than Initial Improvements) shall be constructed, erected, placed, applied or installed upon any Lot unless plans and specifications therefor shall have been first submitted and approved in writing by the Architectural Review Committee Landscape Rules and Regulations Plantings (trees, bushes, and shrubbery) must be of a material that is suited to Colorado's climate. In ground sprinkler systems are required. Cottonwood trees are not allowed. Backyard fencing shall be made of a commonly used wood (cedar, redwood, or pressure-treated lumber) Plantings close to the street that may hinder the view of motorists are not allowed. Parking/Storage of Vehicles Section 9.3; J Occupancy and Use Restrictions Recreational or business vehicles, including but not limited to, trailers of any kind, campers (including camper shells and motor homes), buses, vans, boats or boat accessories, and trucks larger than 3/4 ton, etc. shall not be parked, placed, stored, or maintained anywhere within the Common Interest Community unless such parking, placement, storage or maintenance is within the garage area of any Lot, or is behind the fence on the Lot and the vehicle or equipment cannot be seen over such fence from ground level. Recreation Equipment

Section 9.3: W Occupancy and Use Restrictions Permanent recreational facilities, such as basketball goals, shall not be placed on any Lot closer than eighteen (18) feet from the front setback line. Temporary recreational facilities, such as basketball goals; inline skate/skateboard ramps, pikes; etc. shall be stored out of sight when not in use. Pets Section 9.3; F Occupancy and Use Restrictions Any pet causing or creating a nuisance or unreasonable disturbance or noise may be permanentlyrernti rn the Property upon three (3) days written notice following Notice and Hearing from-theroartl ofdirectors Assesstifetif C tatthol Common Expenses Section 7.1 Apportionment of Common Expenses Except as provided in Section 6.4 and Section 7.2, all Common Expenses shall be assessed against all Lots in accord with the Allocated Interests. The annual Common Expense Assessment against each Lot shall not exceed Three Hundred and no/100 Dollars ($300) per Lot per annum. RULES AND REGULATIONS FOR SPRING VALLEY GOLF ESTATES HOMEOWNERS ASSOCIATION, INC. These Rules and Regulations are officially adopted by the Board of Directors on this date pursuant to Section L35 and Section 8.2 of the Declaration of Covenants, Conditions and Restrictions for Spring Valley Golf Estates (SVGE), and shall be enforced by the Architectural Review Committee (ARC) and Board of Directors. These Rules and Regulations will remain in effect until the Board of Directors rescinds this document. These Rules and Regulations are in addition to those dated. July 26, 2001. Addendum to Section 9.3, sub-section G Unsightly conditions are defined herein, but are not limited to the following items or conditions: storage of building materials. debris of any kind, garbage, construction waste, weeds, damaged landscaping, dead grass, dead plants, dead trees, failing paint on any structure, appliances, animal waste, clothes lines_ The homeowner must maintain their fences such that they do not fall into a state of disrepair or become an eyesore. Christmas decorations shall be removed from the exterior of a home by February. 15. Temporary Structures: No temporary house trailer, tent, garage or outbuilding shall be placed or erected upon any Lot. No ancillary structures whether temporary or permanent are allowed anywhere in the front yard of any lot. Addendum to Section 9.3, sub-section R Utility sheds shall be no higher than 7 feet when measured at the shed's highest point from the top of the shed's pad. Pads shall be no higher than six inches above ground level. The slope of the shed's roof shall not exceed the slope of the roof of the home upon the property where the shed is located. The shed can only be constructed of wood and wood products. Siding must match the house's siding in its width, thickness and texture. Paint color shall be compatible to the house with body and trim color of the shed matching that of the house. Roofing shall be asphalt shingle that matches the house. A shed shall meet City of Longmont Building code setback requirements. The rules for construction of a utility shed also apply to a playhouse or dollhouse and any other structure that the ARC or Board of Directors deem to fall into this category. Structures that a homeowner wishes to build or install must be approved by the ARC before construction begins. Structures include but are not limited to play equipment. trampolines, and doghouses more than 30 inches tall. Greenhouses are prohibited.

Addendum to Section 9.3, sub-section J The definition of driveway: - A path for cars_ leading from a street or road to a garage, house. etc." This definition was taken from Webster's New World Dictionary. This can include an expanded driveway area that may - be approved by the ARC when constructed in a manner required for driveways and which meets the City of Longmont building code. This requires that grading, compaction. road base. and structural requirements of proper engineering practices. Asphalt or material other than concrete is not an acceptable driveway surface under any circumstances in SVGE. Vehicles may only be parked on a driveway, in the garage or on the street as defined in the 'Spring Valley Golf Estates Covenants, Rules and Regulations. - Vehicles may not be parked at any time on landscaping that includes, but is not limited to lawns, landscape rock_ pave stones, and ornamental landscaping. Storage of vehicles, trailers, boats, bicycles, mopeds, motorcycles and snowmobiles is allowed stored behind a homeowner's fence so that the fence prevents the storage of the object from being viewed from any street or ground level of any lot. Trailers cannot exceed 20 feet in length. Storage behind a fence is limited to one. The object could include: one car, one boat, or one trailer. If a trailer is used multiple items can be stored on the trailer if the trailer and its contents meet all other covenant rules. Regardless of what is stored it must be covered by a tarp that is neutral in color. Any storage of any object as described in Section 9.3, sub-section 1 must be done in a neat and clean manner. The storage area and object stored must be kept clean and free of debris. The object must not fall into a state of disrepair that includes but is not limited to flat tires, missing tires or wheels, broken windows, torn tarps, rust. Modification to fencing that would allow movement of the object from the back yard to the street must be approved by the ARC prior to the actual modification's commencement_ The definition of trailer includes, but is not limited to house trailer, camping trailer, boat trailer, recreational trailer, landscaping trailer, hauling trailer, vehicle trailer. See Longmont Municipal Code, Title 11. "Traffic" for information on parking ordinances. No parking of any vehicle of any kind shall continue on any street or driveway for more than 72 continuous hours. The vehicle must be stored in a garage or storage facility if compliance with this rule cannot be achieved. If a homeowner wishes to temporarily leave a vehicle parked for more than 72 continuous hours in their driveway or on the street the homeowner shall contact the HOA management office to obtain approval. Written approval or denial will be mailed to the homeowner. No requests for more than 14 calendar days will be approved. No parking of vehicles so that the vehicle is perpendicular to the street gutter and/or curb of any vehicle is allowed. This is also referred to as - head-in - parking. This type of parking could very easily occur in cul-de-sacs. Parallel parking. next to the curb, is the only type of parking allowed. If a vehicle is parked on the street it must be parked in the same direction as the flow of traffic for the side of the street where the vehicle is parked. Addendum of Section 9.3, sub-section T (1) All front, back and side yards on all Lots must be landscaped including a minimum of fifty percent (50%) sod in both the front and back yards, unless otherwise approved by the (ARC). (2) Trees, shrubs. vines, and plants that die shall be promptly removed from the Lot and replacement of equal quality or value plants shall be promptly installed. (3) An in ground sprinkler system is required in both the front and back yard.

(4) Plantings (e.g. trees, bushes, shrubs) must be of a variety that is suited to Colorado's climate. (a) Cottonwood trees are not allowed. (b) Plantings close to the street that may hinder the view of motorists are not allowed. (5) Flags and Flagpoles. The following HOA restrictions are placed on flags and flagpoles: (a) Any flag displayed may not exceed 3 by 5 in size. (b) Flags must be displayed consistent with the provisions of the Federal Flag Code, or any rule or custom pertaining to the proper display or use of the American flag. All flags must be made of fabric, in good, non-tattered and non-faded condition. (c) Temporary flagpoles inserted into the ground must not exceed eight feet in height. The flagpole may not remain in place for more than one week (seven days). (d) Flagpoles mounted to the home may not to exceed 6 in length. (e) Permanent, ground mounted flagpoles must not exceed sixteen feet in total height from the lot grade to the top of the mast. Any additional height may not be gained by the buildup of rocks, brick, soil or other materials around to the pole. (f) The placement of any landscaping surrounding the flagpole must not negatively affect lot drainage. The flagpole may not be placed inside utility easements. (g) Any permanent flagpole placed in the front yard or placed behind a fence, which is visible from the street, must be pre-approved by the Architectural Review Committee (ARC) prior to installation. (h) Any permanent flagpole must be setback at least a distance equal to the height of the flagpole. This distance is measured from the city sidewalk, on the homeowner s side, to the center of the mast. (6) Fences must be constructed of wood (e.g. cedar, redwood, or pressure treated lumber). (a) Back yard fencing must comply with the City of Longmont Building Code. It may not be higher than 6 feet if it is a privacy, split-rail or open-rail style fence. (b) Double fencing of any kind is prohibited anywhere in the community. (c) Fencing must be tapered to meet with common area fencing at their intersection.. (d) Side yard fencing may only extend back from either the wing fence or the front setback of the house, but not closer to the street than the front setback of the house. This rule does not apply to common area fences. (e) Wing fences and privacy fences may only be stained with a semi-transparent stain that is cedar, light brown, beige or light grey in color. (f) HOA owned fences, which are those along golf course, in common areas and along Pace Street may only be stained colors that have already been approved by the HOA. Addition of Section 9.3, sub-section X The driveway of a home should be kept clean, free of debris and in a state of good repair. Any stains on a driveway or sidewalk, which are visible from the sidewalk, must be cleaned so that the stains are no longer visible from the sidewalk in day light conditions. Any damage to the driveway should be repaired immediately. Damage could include, but is not limited to cracks, holes, sinking. Addition of Section 9.3, sub-section Y Recreational equipment shall not be higher than 10 feet. This includes the highest point of the recreation equipment and any accessories. Accessories include, but are not limited to such things as antennas, flags, signs, guide wires, anchors, framing, poles. (1) Recreation equipment includes, but is not limited to: portable basketball backboards,

gymnastic equipment skate board ramps, swing sets, trampolines, volleyball nets. Permanent basketball backboards, hoops and poles are prohibited. (2) At no time may supplemental equipment be added which exceeds the maximum height limitation of 10 feet. This also includes such things as protective or restraining equipment/siding required for the equipment. (3) A request must be submitted to the ARC for the construction or placement of recreational equipment in the back yard. A description, including the specifications of the recreation equipment must be provided with the request. (4) Portable recreation equipment that may be placed temporarily in the front yard, side yard, or the street must be removed and placed in the back yard or garage at the conclusion of each day. It may not be stored in any way that it is visible from the street or ground level of any lot. (5) "Portable recreation equipment may be left out during weekends year round. Weekends for this purpose are defined as, Friday at sunrise until Sunday at dusk. Recreational equipment may not be left out overnight Sunday through Thursday and must be properly stored by dusk on these days, by placing it in the back yard or garage in any way that it is not visible from the street or ground level of any lot. Portable recreational equipment must be put away when there is or a forecast of snow or high winds. The Board reserves the right to further restrict any items it feels are a safety issue, too large or an eyesore. The Board of Directors and Architectural Review Committee (ARC) do not waive any of their rights to disapprove an improvement or action that, in their opinion, violates the Covenants or these Rules and Regulations.