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EXHIBIT "D"
Initial Rules of the Association
 
COMMUNITY RULES AND REGULATIONS - COVENANT ENFORCEMENT POLICY
 
The Declarant, on behalf of the Brandon Meadows Homeowners Association ("Association") has adopted the following Rules for all Owners of Units in Brandon Meadows (the "community"). They are intended to help preserve a pleasant, inviting and friendly community.
 
I. INTRODUCTION
These Rules & Regulations supplement the Declaration of Covenants, Conditions and Restrictions for the community ("Declaration"), the Association's Bylaws, and state statutes. They are designed to promote safety, well-being and the quiet enjoyment of the community by all owners. Please familiarize yourself with these Rules & Regulations. Terms used in this document are defined in the Declaration. In the event any conflict exists between the terms of the Rules and Regulations and the Bylaws, Declaration or state statutes, the Bylaws, Declaration and state statutes shall prevail.
 
All homeowners, tenants, and guests are subject to the Rules & Regulations. It is the responsibility of each homeowner to notify tenants and guests of these Rules. Homeowners are accountable to the Board of Directors for the actions of their tenants, guests and pets in complying with these Rules. Costs incurred in the enforcement of these Rules & Regulations and the Declaration shall be the responsibility of and be bore by the homeowner. A Schedule of Fines is listed at the end of this document.
The Rules & Regulations may be amended from time to time at the discretion of the Board. Any changes to the Rules & Regulations shall be disseminated to all owners and residents for a review prior to enactment, after which the Rules & Regulations shall be finalized, adopted, enforceable and binding. Owners are encouraged to contact the Property Manager (contact information is at the end of this document) for clarification or to discuss any matter related to the Governing Documents.
 
OWNERS WHO LEASE THEIR HOMES MUST PROVIDE A COPY OF THE DECLARATION AND THESE RULES & REGULATIONS TO THEIR TENANTS.
 
II. MAINTENANCE AND CHANGES TO UNITS
The Property Improvement Committee ("PlC") must approve all changes to the exterior of any Unit, both the residence and its yard. The Board has also adopted rules that regulate the manner in which the exterior appearance of the Units are maintained, replaced and repaired, and new improvements are constructed and added to the property. See Articles Four and Five of the Covenants for details. A PIC application for approval of construction, maintenance, replacement or repairs to the exterior of a Unit or its yard is available upon request. Send completed Applications to the PIC in care of the Association Manager.
 
THE FOLLOWING REQUIRE PIC APPROVAL PRIOR TO INITIATING ANY ACTION BY AN OWNER TO CONSTRUCT, MAINTAIN, REPLACE OR REPAIR:
 
i.
Fencing
ii.
Shed
ii.
Exterior color
iv.
Deck
v.
Patio
vi.
Impervious path or surface
vii.
Hot tub or spa
viii.
Siding / Shutters
ix.
Change of paint color
x.
Dog run
xi.
Addition
xii.
Play structure
xiii.
Tree house
xiv.
Pool
xv.
Landscaping
xvi.
Wall
xvii.
Hedge
xviii.
Trellis, arbor or gazebo
xix.
Water feature
xx.
Satellite Dish
xxi.
Clearing, grading and filling
xxii.
Awning
xxiii.
Air conditioner
xxiv.
Other buildings
 
NO OWNER MAY PAINT THE EXTERIOR OF THE OWNER'S HOME, OR REPLACE ANY OF THE SIDING OR TRIM ON THE EXTERIOR OF THE HOME, WITHOUT THE APPROVAL OF THE PIC OR THE ASSOCIATION, UNLESS THE SAME COLOR AND SIDING AS ORIGINALLY USED IN CONSTRUCTION OF THE HOME ARE APPLIED.
 
III. RULES AND REGULATIONS OF GENERAL APPLICATION
In addition to the requirements of the Use Restrictions attached to the Declaration, which are also incorporated as additional rules herein, the following rules of general application are hereby promulgated and may be enforced by the Association, in its discretion:
  1. Business Activities. This is a residential community. You may conduct business activities inside your home ONLY if: (a) no one outside can tell there is a business operating inside the home, whether by sight, sound, smell or visitors, (b) the activity of the business conforms to all zoning requirements; (c) the business does not involve excessive visits to the home by clients, customers, suppliers or other business invitees; (d) the business does not involve door-to-door solicitation of other Owners; and (e) the business activity is consistent with the residential character of the community, and does not constitute a nuisance or a hazardous or offensive use of, or threaten the security or safety of other Owners. Any other business activity, including moving sales and garage sales, must be approved by the Association Manager and may require written approval of the Board. The Board has the sole discretion to decide whether any proposed business violates these rules.

  2. Cleanliness. Outside areas of homes and the common elements are to be free of debris, unsightly or abandoned vehicles, litter, refuse, discarded personal effects, construction materials not immediately being used, noxious materials, trash, plant or grass clippings, hazardous waste and any other item that detracts from a neat, orderly and attractive appearance of the community.

  3. Collection of Assessments and Fines. Assessments are due and payable when invoiced by the Association, by the date stated in the Association's notice of assessment. Payments not received by the Association or its Manager within 15 days of the date which they are due will incur a $25 late fee. Interest at the rate of 12% per annum may also be assessed on delinquent assessments. Owner accounts that are 90 days delinquent may be turned over to an attorney or other collection entity to initiate collection and lien enforcement proceedings at the Owner's expense. Owner accounts that are delinquent 120 days may be subject to foreclosure. All costs, including attorney's fees, incurred to collect delinquent assessments shall be assessed to the delinquent owner. Unpaid assessments, including late fees, interest, fines, and attorney's fees, constitute an automatic lien against the delinquent Owner's unit.
    (EFFECTIVE September 1, 2018 the board amended the late fee by resolution to $25 monthly for any account carrying a past due balance of 30 days or older.)
     
  4. Common Area Use. Common Areas, including parks and native growth protection areas, are for the use and enjoyment of all Owners. They are maintained by the Association. In consideration of neighbors, only quiet activities are allowed in the Common Areas after dark. You may not plant, prune or cut trees, shrubs or any other vegetation in the Common Areas. No personal items may be stored in the Common Areas. Open fires are not permitted. Pick up your trash; there is no trash service for the Common Areas, so everyone must pick up their trash, especially pet waste. No one may allow animals to roam off-leash; provided, however, the Tracts may be designated by the Board of the Association for use as off-leash dog areas so long as (i) the dog(s) are under voice command; (ii) the dog(s) are non-aggressive; and (iii) all solid waste is removed by the Owner utilizing the Tract for such purposes. If Tracts are designated by the Board for use as off-lease areas, such designation shall be made by adoption of a rule by the Board.

  5. Fences. You can only build standard fences approved by the PIC. (See the examples of fences available from the Association). You must apply to the PIC for permission to build or alter any fence. Please be a good neighbor by notifying your neighbors that you plan to build or alter a fence. An application must be filed with the PIC at least one month before you wish to begin building or alteration of any fence. Wood fences must be stained or finished with a clear sealer within 3 months.

  6. Holiday Decorations - Exterior Lighting. You must remove all outside holiday lights and decorations within 14 days after the date of the holiday.

  7. Landscaping. The way your yard looks affects your neighbors as well as your own property. You are responsible for watering and fertilizing your yard, including any yard within a fence on your property. You must weed planting beds visible to those outside your Unit regularly and you must keep the plantings in them trimmed and in good health. You must rake and clean leaves and storm debris within a reasonable time period. You may not store firewood, bicycles, toys, trash containers, equipment and other items in the front yard. Clean up pet waste promptly. No vegetables gardens are permitted in the front yard. Herbs and other edible landscaping is allowed, with the exception of those that appear unkempt (i.e. they must be maintained, be well groomed, and confined to a specific area) or are of an invasive nature (including but not limited to strawberries, mint, blackberries, etc.). Artificial foliage of any kind requires PIC approval and, if permitted, such maintenance must meet all the criteria above and, in addition, must not show wear over time including but not limited to tears, wrinkles, water puddling, weeds in or around the artificial vegetation. You must apply to the PIC for their approval before you expand planting beds, install new shrubs or trees in your yard, or build anything in your yard. (EFFECTIVE November 1, 2018 the board made the above amendments/additions to this rule as shown in italics) 

  8. Noise. Quiet hours are between 10:00 p.m. and 8:00 a.m. Sunday through Thursday, and between midnight and 8:00 a.m. Friday and Saturday. Residents should be considerate of the privacy of their neighbors by controlling noise levels of musical instruments, stereos, televisions, car stereos and loud conversation at all times.

  9. Nuisances. Offensive, noxious or illegal activities are prohibited. Such activities may be identified in a written warning given by the Board to an Owner. In the event that the Owner fails to remedy the condition deemed a nuisance by the Board within ten (10) days of the written notice (or fails to commence a cure of the condition, if the cure will reasonably require more than ten (10) days to complete), the continued nuisance may result in the imposition of a fine.

  10. Parking. Parking is prohibited on all streets (and sidewalks) within the community. Some of the streets within the community are private roads and are designated as fire lanes only to be clear for emergency access at all times. Private vehicles are to be parked in garages first with parking on driveways for guests and service contractor's vehicles. Inoperable or unlicensed vehicles are not allowed to be stored in view from the exterior of any home. Parking in the open parking spaces is reserved for guests only. Commercial-type trucks, campers, trailers, motor homes, or boats are prohibited from parking on any driveway or common parking space. Inoperative motor vehicles may be parked on a driveway or a common parking space for no more than 72 hours. Vehicles are not to be parked in such a manner that blocks mailboxes, other vehicles, pedestrians or sidewalks. Any vehicle in violation of the Rules and Regulations may be towed at the owner's risk and expense.

  11. Pets. Residents are responsible for repair or replacement of any property damage as a result of their own, their guest's, tenant's or pet's negligence. Pets are to be leashed and under direct owner's supervision at all times when outside, except in an Association designated off-lease area, if one is established. Owners are responsible for immediately removing pet waste from yards and common areas. Failure to do so may incur fines, in addition to being reported to the Local Jurisdiction's Animal Control. Poisonous or dangerous pets are strictly prohibited. Pet noise shall be controlled and shall not cause a disturbance to other residents. The Board may cause removal of a pet that unreasonably disturbs or is a hazard to other residents.

  12. Pollutants. No toxic substances or pollutants are to be released into the storm drains within the community (i.e. motor oil, antifreeze, paint, paint thinner, etc.).

  13. Protection of Landscaping. Bicycles, skateboards and motorized vehicles are prohibited in the landscaping, whether in the Common Areas or in the landscaping in the Units maintained as Areas of Common Responsibility. In the event that Owners, their families or their guests damage any landscaping located in the Common Areas or the Areas of Common Responsibility, the Owner may be assessed by the Board, in the manner provided for violations of rules, for the cost of any repair required.

  14. Rentals. A copy of all leases and rental agreements shall be provided to the Association prior to the beginning of a tenancy. Failure to do so may result in an Owner being fined per the Fine Schedule at the end of this document. Tenants who repeatedly do not comply with the Declaration, Bylaws or Rules & Regulations may be evicted by the Board after Notice and an Opportunity to be Heard is provided to the Owner. Tenants and Landlord must provide a signed written statement to the Association acknowledging: a. Tenant has received, reviewed and shall abide by all governing documents b. Owner is ultimately responsible to the Association for tenants actions.

  15. Satellite Dishes. Only one (1) satellite dish is allowed per single-family home. Satellite dishes must be installed as close to the ground as possible to avoid a structure impact to the neighbors. Units that abut major arterials or neighborhood collectors must install satellite dishes out of sight line from cars and pedestrians. Satellite dishes may be installed on fence posts, providing the satellite dish height does not exceed the fence height. Unit Owners understand that residential satellite dish installers are not typically licensed contractors. Installation of satellite dishes and cabling on the exterior buildings or roofs may cause leaks in building systems. Unit Owners are advised to monitor carefully installation of systems that could damage their home. All satellite dishes must be gray in color and free of advertising logos.

  16. Signs. Only one sign no more than 24"x24" advertising a home for sale or a yard sale may be posted in your yard. Signs must be hung from a white 4" x 4" mast-arm style post, which must be at least 4 feet from the ground to the top of the post. Broker information boxes maybe placed on the signpost. Owners are responsible for advising their real estate agent about the community's parking regulations during an open house. Home security signs less than one foot square and reasonably discreet as determined by the Board, or as approved by rule, regulation, or resolution of the Board, are permitted. No business signs may be posted in your yard or visible from the street (unless approved in advance by the PIC). During political campaigns, you may post up to 3 signs from 30 days before the election to 5 days after. Hand-painted signs, or plastic signs with hand written words or numbers, are not permitted. All other signs are prohibited. Signs may not block streets or sidewalks or be posted in planting strips along the side of the road. No signs whatsoever may be posted in any Common Area or on mailboxes. Signs may not be posted in common areas unless approved by the Association Manager. The Association Manager may remove any sign that violates this rule or other rules of the local jurisdiction.

  17. Windows and Porches. You may use tailored curtains, blinds, shutters or drapes as inside window coverings. No windows may be covered with foil, sheets, newspapers or other such material. Security bars may be attached to the INSIDE of windows only. No security bars are permitted on the outside of doors or windows.

  18. Notices. Any notice provided for in this Declaration shall be served personally, or shall be mailed by surface mail, or by private parcel delivery service companies, or alternatively may be delivered via electronic means including but not limited to email, social media posting, or HOA website posting. All such notices shall, for all purposes, be deemed delivered (a) upon personal delivery to the party or address specified above or (b) on the third day after mailing when mailed by first class mail, postage prepaid, and properly addressed, or (c) on the date they are posted or sent electronically. (EFFECTIVE September 1, 2018 the preceding rule was promulgated as authorized by CC&R 6.4)
 
IV. ENFORCEMENT OF COVENANTS AND RULES
  1. Voluntary Compliance. The primary way high community standards are preserved in the community is for everyone to voluntarily follow the Rules and be good neighbors. As a result, the Board should not have to take enforcement action often to restore compliance with the Rules and Covenants.

  2. Board Authority. Occasionally some Owners will fail to comply with the Rules and the Covenants, so something more is needed to bring them into compliance. This Enforcement Policy ("Policy") is meant to guide the Board in acting to restore an Owner's compliance with the Rules and Covenants through a process that is fair, efficient and effective. The Covenants give the Board broad authority and a variety of tools to use in preserving and advancing the community-wide standards through enforcement of the governing documents. The Board is authorized to create rules, regulations, procedures and penalties, and may use its discretion to determine the manner in which enforcement is to be achieved. The Board has a variety of means to assure that everyone follows the rules, including:
  • Imposing a fine;
  • Taking action to cure the violation and charging the Owner for the cost of the work;
  • Charging the Owner for all legal fees incurred by the Association;
  • Preventing a contractor, agent, or others from continuing work;
  • Requiring a Owner to pay the costs of removing the problem and restoring the condition of the property;
  • Imposing a specific assessment or charge to cover the costs of repair;
  • Filing a lien against the property; and/or
  • Filing a lawsuit to get a court order requiring compliance, as well as a judgment for all damages, attorney's fees and costs incurred
  1. Enforcement Procedures. The following procedures have been adopted by the Board to enforce the Covenants and Rules:
    1. Discretion of Board. This Policy is a guideline for the Board and the Owners, describing the typical way the Association Manager and the Board may maintain compliance with the Covenants and Rules. The Board retains discretion to determine whether it will enforce against any violation, whether and the extent to which the Association will spend money, issue notices, impose fines or conduct hearings to seek compliance.

    2. Identifying a Possible Violation. The community has primarily a complaint-based enforcement system. Possible violations may be identified by periodic inspections by the Association Manager or the Board, by an Owner's written complaint, or by other reasonably reliable means. The Association Manager and the Board have no obligation to perform inspections.

    3. Written Complaint. Owners are encouraged to take responsibility for the condition of the Association. Any Owner may bring a possible violation to the Board's attention through a written complaint, e-mailed, faxed or mailed to the Association Manager. The complaint must identify the property address or Owner, and must specifically describe the violation and date of the violation. Complaints may, but are not required to, be kept confidential.

    4. "Three Step" Approach and Fine Schedule. The Board may use a "three step" approach for handling violations, unless a violation constitutes a health or safety hazard in the Board's sole subjective determination. In that case, the Board may impose a fine within seven days after sending a notice, once Steps One and Two are completed.

      Step One: Written request to owner. After the first violation, the Association Manager will send or deliver a notice to the Owner at the property address, requesting voluntary restoration of compliance with the Covenant or Rule being violated.

      Step Two. Second written request and notice that Owner could be fined. If the violation is not corrected within 14 days of the first request, or a similar violation occurs again within a year, a second notice will be sent to the Owner advising that a fine of $150.00 may be imposed in fourteen days if the violation still continues.

      Step Three -- Fines. If the Owner fails to correct the violation identified in a second written notice within fourteen days, a $150.00 fine may be imposed. If the violation still continues after 30 days from the date the first fine was imposed, the Board may impose a daily fine of $25 per day until the violation is cured. An invoice showing the fines will be sent to the Owner, and shall state that this determination is final unless the Owner requests in writing an opportunity to be heard before the Board, within 10 days of the date that the invoice was issued. In addition to imposing a fine, if appropriate based upon the nature of the violation, the Association Manager may issue a Stop Work Order to any person engaged in an unauthorized activity. An unauthorized activity is any activity which requires the prior written approval of the Board or the Construction Committee, which has not received prior written approval. A Stop Work Order shall:

      1. Identify the property's address;
      2. Describe the unauthorized activity;
      3. Identify the specific prior approval requirement being violated;
      4. State that the unauthorized activity shall immediately cease, and describe any additional sanctions to be imposed;
      5. State that the delivery of the Stop Work Order serves as a determination that a violation has occurred;
      6. State that failure to comply immediately with the terms of the Stop Work Order will cause a $350.00 fine to be imposed and that for each week thereafter in which noncompliance with the Stop Work Order takes place, a separate $350.00 fine will be imposed.

        Fines not paid made within 10 days after the due date are subject to imposition of a $10 late fee per month. In addition, the Board may charge interest. Owners are responsible for payment of all collection costs and attorney's fees.

    5. Hearings/Appeals. If an Owner requests, in writing, an opportunity to be heard within the 10 days following issuance of an invoice imposing a fine, the Board of Directors or its designated committee shall conduct a hearing to determine whether the Owner should be fined for the alleged violation of the Declaration. The hearing shall be conducted in a manner consistent with the Bylaws. The Owner shall submit in writing or by electronic transmission, prior to the hearing, a written summary of the facts and the documents upon which the Owner will rely upon when making the Owner's presentation to the Board. The hearing may be continued for such time that may be needed for the Board or the committee to seek additional information relevant to its determination, and request other persons to attend and provide information. If the hearing is conducted by a committee of the Board, an Owner who is dissatisfied with the decision of the committee may appeal the committee's decision to the Board for a final determination of the matter.
V. GUIDELINES FOR MAINTENANCE OF SLOPES
 
The community has been designed and constructed according to local professional standards. Based on geotechnical exploration and analyses, grading recommendations, building and unit setbacks and drainage recommendations have been prepared to ensure the long-term stability of the site slopes. As such the concern of the individual Unit Owners should be directed toward maintaining slopes, drainage provisions and facilities so that they will perform as designed. The following general recommendations and simple precautions are presented to help properly maintain Unit home sites adjacent to hillsides.
 
The general public often regards the natural terrain as stable. This is an erroneous concept. Natural forces are constantly at work altering the landscape. Hills and mountains are worn down by mass wasting (erosion, land sliding, creeping soil, etc) and the valleys and lowlands collect these products. This, the natural process is toward leveling the terrain. Periodically (over millions of years), major land movements rebuild mountains and hills, and the process begins over again. In some areas, these processes are at a very slow geological rate, and in others they occur at a relatively rapid rate. Development procedures are directed toward slowing the processes.
 
The development of hillsides for residential use is carried out, insofar as possible to enhance the natural stability of the site, and to reduce the probability of instability resulting from grading necessary to provide home sites, streets, yards etc. This has been done by the Declarant and designers on the basis of geologic and soil engineering studies. However, in order to be successful, the slope, drainage, and set back provisions and facilities must be maintained by the Unit Owner. Unit Owners are accustomed to maintaining their Units. Maintenance of a hillside Unit home site must be considered on an even more serious base because neglect can result in serious consequences. In most cases, Unit and site maintenance can be provided along with normal care of the grounds and landscaping. Any costs of maintenance are associated with water. Uncontrolled water from a broken pipe or during wet weather causes most damage. The wet weather season is the principle time of slope problems in Washington because the rainfall is quite variable and may be heavy and/or prolonged. Therefore, drainage and erosion control are important aspects of Unit borne site stability, and the provisions built into the developed unit must not be altered without competent professional advice. Maintenance of the provisions must be carried out to assure their continued operation.
 
The following is a list rules of the Association, which should be followed by all Unit Owners with respect to their units to ensure the stability of the slopes is maintained.
 
1 Roof drains, gutters and downspouts should be checked to be sure they are clear. Clogged gutters and downspouts will allow water to collect against foundations and basement walls, which is undesirable.
 
1.1 Clear drainage ditches and check them frequently during the rainy season.
 
1.2 Check interceptor ditches at the top of slopes to be sure they are clear and that water will not overflow the slope, causing erosion.
 
1.3 Be sure all drain outlets and weep holes are open and clear of debris, vegetation and other material that could block them in a storm. If blockage is evident, it should be cleared_
 
1.4 Limit watering during rainy season when little irrigation is required. Over saturation of the ground can cause major subsurface damage.
 
1.5 Watch for water backup inside the house at sump drains and toilets, since this indicates drain or sewer blockage.
 
1.6 Watch for wet spots. These may be natural seeps or an indication of a broken water or sewer line. In either case, obtain competent advice regarding the problem and its correction.
 
1.7 Exercise ordinary precaution. This development was designed and constructed to meet standards, which should protect against most natural occurrences, provided they are properly maintained.
 
1.8 The units in this development have been graded to provide drainage away from slopes. Any additional backyard fill planned to be placed adjacent to slopes should be reviewed by a qualified geotechnical engineer.
 
2. The following is a list of points which may affect the slope stability and which Unit Owners should not do:
 
2.1 DON'T alter Unit grading. The manmade slopes in this development were designed to carry runoff to a place where they can be discharged without affecting slope stability.
 
2.2 DON'T block or alter ditches or drains. If several Units rely on the same facilities, it is a good idea to check on adjacent properties. Water backed up on adjacent property may eventually reach other properties. Water back up in surface drains will overflow and infiltrate slopes, which leads to instability.
 
2.3 DON'T permit ground water to collect or pond anywhere. Such water will either seep into the ground, causing unwanted saturation, or will overflow onto slopes and begin erosion. Once erosion is started, it is difficult to control and sever damage may result rather quickly.
 
2.4 DON'T direct water over slopes, even where this may seem a good way to prevent pending. This tends to cause erosion and slope instability. Dry wells are sometimes used to get rid of excess water when other means of disposing of water are not readily available. However, such facilities should be planned and located by a qualified geotechnical engineer.
 
2.5 DON'T let water pond against foundations, retaining walls and basement walls. These walls are built to withstand the ordinary moisture in the ground, where necessary, are accompanied by sub-drains to carry off excess subsurface water. However, excess surface water must be directed away from structures.
 
2.6 DON'T connect roof drains, gutters or downspouts to existing subsurface drains, which many not have been designed for that purpose. Instead, either the water in lined ditches or non-perforated pipes and conduct it to a storm drain, paved road or a suitable area of natural ground. Where such channel flow is directed onto natural ground, it must be converted to sheet flow unless a suitable natural channel exists.
 
2.7 DON'T place loose soil, debris or yard waste over or on slopes. Loose soil, debris and yard waste will become saturated and slide, and may cause additional damage in weakening the slope.
 
2.8 DON'T over-irrigate slopes or leave a hose or sprinkler running unattended on or near a slope. Ground cover and other vegetation will require moisture during the hot summer months, but during the wet season, irrigation can cause ground cover to pull loose, which not only destroys the cover, but also starts serious erosion.
 
2.9 DON'T try to compact earth in trenches by flooding with water. Not only is flooding the least efficient way of compacting fine grained soil; but this could saturate and reduce the bearing capacity of supporting soils.
 
2.10 DON'T change surface grade behind retaining walls or against building walls, as this would increase the later loading on the walls, which could result in damage to such walls. Disregard of these slope maintenance guidelines may result in a notice of violation and, if uncorrected, a fine.