Rules and Regulations - Community Association Services, Inc.
Transcription
Rules and Regulations - Community Association Services, Inc.
Julian Pond HANDBOOK of Rules and Regulations and Declaration of Covenants, Conditions and Restrictions for Single Family Homes and Townhomes Revised and Distributed April 2016 1 This guide has been created and is for the sole use of Single Family and Townhome Homeowners and renters in the Julian Pond housing development. This guide should be used as a reference for the rules and regulations that have been set forth in the Declarations of Covenants, Conditions and Restrictions and by the Julian Pond Homeowners Association. © Copyright 2010 Revised April 2016 Julian Pond Homeowners Association General Email: [email protected] Table of Contents Introduction ..................................................................................1 Purpose of the Rules and Regulations ..........................................1 Management Company .................................................................1 Social Media .................................................................................2 Owner Information (Single Family and Townhomes) .. 3 Board Committee Meetings ..........................................................5 Owner Dues ..................................................................................5 Owner Responsibility, Penalties and Fines...................................5 Violation Process and Hearings ....................................................6 Common Areas and Pond .............................................................6 Playground ....................................................................................7 Rentals, Tenants and/or Roommates ............................................8 Architectural Requests And Changes ........................ 11 Architectural Changes and Modifications ..................................13 Architectural Request Requirements ..........................................14 Awnings ......................................................................................15 Basketball Goals .........................................................................16 Decking.......................................................................................16 Dog Houses.................................................................................17 Driveway Additions and Painting...............................................17 Exterior Home Renovations .......................................................18 Fencing .......................................................................................18 Garage Doors ..............................................................................20 Gazebos ......................................................................................20 Outbuildings (or Storage Sheds) .................................................21 Roofs (Single-Family Homes) ....................................................22 1 General Rules and Regulations ................................... 23 Abandoned Vehicles .................................................................. 25 Aesthetics (General) ................................................................... 25 Boats, Hitches, Jet Skis/Ski Mobiles .......................................... 25 Campers, Trailers, Recreational Vehicles (RVs) ....................... 25 Commercial Vehicles, Trucks and Vans .................................... 25 Compost, Firewood and Rubbish ............................................... 26 Disturbances ............................................................................... 26 Fire Safety and Grills ................................................................. 26 Guns (BB, Pellet and Paint Ball) ................................................ 27 Landscaping and Grass .............................................................. 27 Mailboxes ................................................................................... 28 Nuisances ................................................................................... 28 Outdoor Sports / Games / Skateboards ...................................... 28 Parking and Traffic Regulations ................................................ 29 Pets ............................................................................................. 29 Pools (Inflatable and Above-Ground) ........................................ 30 Property Lines ............................................................................ 31 Satellite Dishes, Television and Radio Poles ............................. 31 Seasonal Decorations ................................................................. 31 Security Lights ........................................................................... 32 Signage, Statues, Flag Poles and Trellises ................................. 32 Trash Removal ........................................................................... 34 Unlicensed Vehicles ................................................................... 34 Window Treatments ................................................................... 34 Window Units (Air Conditioning and Fans) .............................. 34 Wrecked Vehicles ...................................................................... 34 2 Townhomes................................................................... 35 Maintenance of Townhomes.......................................................37 Insurance.....................................................................................39 Parking ........................................................................................40 Signs ...........................................................................................40 Declaration of Covenants, Conditions and Restrictions for Julian Pond ........................................ 41 Common Areas in Julian Pond .................................... 83 3 Introduction Pursuant to its authority under the Declaration of Covenants, Conditions, and Restrictions (DCCRs) for Julian Pond, the Board of Directors (“Board”) and Architectural Review Committee (“ARC”) of the Julian Pond Homeowners Association (“Association”) hereby issues the following Standards and Guidelines for interpretation of DCCRs for all homeowners (“Owners”) of Single Family and townhomes in the Julian Pond housing development. This guide is also referred to as the Handbook of Rules and Regulations. These Standards and Guidelines are supplemental to the existing DCCRs set forth and are on file with the City of Kernersville, NC. These rules and regulations are applicable to both Single Family and townhomes unless otherwise noted. Purpose of the Rules and Regulations The rules and regulations contain information regarding ownership, occupancy, membership rights in the Association, and other general guidelines provided to promote enjoyment of the Community by its residents. Additionally, this document provides guidelines to protect and enhance the value of homes within Julian Pond. The rules and regulations provide the framework of requirements to maintain continued aesthetic beauty of the neighborhood as a whole, and to organize a community in which people can live in harmony within the development. In the same way, because the quality of the townhome residents’ lifestyle depends so heavily upon group effort and cooperation, residents are expected to exercise restraint, moderation, tolerance and consideration in matters of personal conduct that may affect their neighbors. All rules and regulations listed here, and all other referenced documents, are binding upon every resident of Julian Pond without exception. Management Company Community Association Services (CAS) manages the Julian Pond development. Their duties include accounting services (collecting Association dues, mailing late notices, paying bills on behalf of the Association, collection of bids, etc.), assisting with violations in the development, handling Owner complaints and inquiries, managing agents hired by the Board to perform landscaping services, and other Common Area repair or maintenance. 1 CAS should be contacted in the event of any maintenance emergency (for townhomes only) or to answer any questions related to the Association or monthly homeowner dues. A 24-hour answering service is provided for absolute emergencies in the townhomes. Contact information for the Julian Pond property manager is listed below. Johnny Grindstaff, Community Manager 5915 Farrington Road, Suite 104 Chapel Hill, NC 27517 Tel: 919-403-1400 EXT. 1205 Fax: 919-403-1499 [email protected] www.casnc.com Social Media The Association participates in Social Media using Nextdoor.com and Facebook. These sites are used to communicate with our residents, which includes sharing community information, alerts, meetings, special events, etc. It is free and all residents (both Owners and Renters) are invited to join. 2 OWNER INFORMATION (SINGLE FAMILY AND TOWNHOMES) 3 In this section: Board Committee Meetings ......................................................... 5 Owner Dues.................................................................................. 5 Owner Responsibility, Penalties and Fines .................................. 5 Violation Process and Hearings ................................................... 6 Common Areas and Pond............................................................. 6 Playground ................................................................................... 7 Rentals, Tenants and/or Roommates ............................................ 8 4 Board Committee Meetings Please refer to the Bylaws of the Julian Pond Homeowners Association for detailed information regarding the election of Board Officers, formulation of committees, voting rights, etc. Per the Bylaws, a meeting must be held at least annually. After the first annual meeting, Board members must hold a regular meeting of directors no less than once every (3) three months. Owner Dues Monthly assessments for Association dues are due on the first day of the month. Please notify the Property Manager at CAS of any impending sales so that billing records can be updated accordingly. Dues are subject to change each year, as determined by the Board and/or the membership. Any change in the amount of assessments will be communicated at least sixty (60) days in advance of each assessment year. As noted with exceptions in the DCCRs, dues will not be increased more than ten percent (10%) over the prior year’s amount. Payments that are not received by the last day of the month will be assessed a late fee of $20.00. Accounts with past due balances will be assessed a $20.00 late fee each month until the account is paid in full. Should an account remain delinquent for two months and/or sixty (60) days, the Owner may be turned over to an Attorney for collections. Please note that when an account is with an Attorney for collections, the Owner will be responsible for all past due assessments, late fees, costs and reasonable attorneys’ fees. IMPORTANT! Owners please understand that your home CAN BE foreclosed upon by the Association as a result of delinquent fines. Owner Responsibility, Penalties and Fines It is the policy of the Association to protect the rights and privileges of Owners and to enforce the governing documents (DCCRs, Bylaws and Rules and Regulations) of Julian Pond. Pursuant to the authority vested in the Board of the Association by the North Carolina Statutes, the following policy has been established for penalties and fines: An Owner shall be responsible for the acts or omissions of his/her guests, lessees or invitees. 5 A fine not to exceed one hundred dollars ($100.00) per day may be imposed for the violation five days after the decision that a violation has occurred. Violation Process and Hearings Fines may be levied by action of the Board after notice and a hearing in accordance with the schedule below. 1st Complaint: Notice of Violation (letter) 2nd Complaint: 2nd Notice of Violation (letter) 3rd Complaint: Scheduled hearing before an Adjudicatory Panel appointed by the Board to determine if there is a violation and, if so, what fines will be assessed. Violation Notices Each violation notice shall specify the nature and date of the violation, or the date said violation was identified, and if applicable, state a “reasonable time” in which to comply with the rules and regulations. “Reasonable time” is determined by the severity of the violation (e.g., cutting grass vs. fixing a fence, etc.). Notice of Hearings If the violation is not corrected, the Owner shall be notified in writing and by certified mail of the Board’s intent to seek compliance. Such notice shall state the specific violation and the nature of the penalty, and a time and date of the fine violation hearing. The Owner shall be given notice of the charge, opportunity to be heard, and to present evidence and notice of the decision. The Owner may appeal the decision of an Adjudicatory Panel to the full Board by delivering written notice of appeal to the Board within fifteen (15) days after the date of the decision. The Board may affirm, vacate, or modify the prior decision of the Adjudicatory Panel. Common Areas and Pond Common Areas Common Areas are maintained and insured by the Association and are available for the enjoyment of Owners and their guests. The Association maintains, repairs and replaces, as necessary, all Common Areas and all improvements, utilities and facilities located thereon and therein. 6 This responsibility includes, without limitation, landscaping of Common Areas, fencing, streets, lighting, retaining walls, signage, sidewalks, and all amenity area features. NOTE: Sidewalks are maintained by the Association in cases where they have become hazardous and will be repaired when needed. The removal of snow is not covered under Association maintenance and is handled by the City of Kernersville. Bicycles, tricycles, skateboards and other wheeled vehicles and toys are prohibited from being left unattended in Common Areas, including lawns, landscaping, recreational areas, and deed-restricted open space. Pedestrians always have the right of way on walkways. Walkways shall not be used for storage of items. Willful damage to the Common Areas within the community is prohibited. The Association has the right to hold an Owner liable for his/her damage to Common Area property, as well as the Owner’s family, tenants, and/or guests. Furthermore, the Association reserves the right to obtain reimbursement for the cost of repair or replacement of any improvement maintained by the Association as a result of an act or omission of any Owner, the Owner’s family, guests and invitees Pond Swimming or the use of watercraft of any type is strictly prohibited in the pond located in the Common Area. In addition, the pond area is for the use of Julian Pond residents only. Fishing is permitted on a ‘catch and release’ basis during daylight hours only. The use of alcohol upon any portion of the Common Area is strictly prohibited. Playground The playground is maintained by the Association and is only open for children twelve (12) years of age and under. No teenagers are allowed, as the equipment is not designed for older children. Rules for the playground are as follows: 1. 2. 3. 4. 5. Use of the playground equipment is at your own risk. The play area is reserved for Julian Pond residents only. All youth under the age of twelve (12) years old must be accompanied by an adult. Children over the age of twelve (12) years old are not allowed in the playground area. No rough playing or yelling. 7 6. No guns of any type are allowed. This includes paintball, BB, or any gun that discharges a projectile. 7. No jumping off of equipment. 8. No glass or bottles are allowed in the play area. 9. No dogs are allowed in the play area for any reason. 10. Discard all trash in the appropriate trash receptacles. Rentals, Tenants and/or Roommates There are some homes in the Julian Pond development that have been purchased solely as rental property. In other cases, some Owners have purchased property, subsequently moved, and decided to rent the home. While renters and/or roommates are residents in the development, they are still required to adhere to the rules and regulations set forth in this guide. The Association will not necessarily know when a home is rented. However, when notified, tenants will be provided with a welcome packet, which contains pertinent information regarding the Julian Pond development, local phone numbers and city services, and a copy of this guide. Following are rules pertaining to rental tenants/roommates: Primarily, Owners are responsible for providing tenants and roommates with these rules and regulations and other governing documents of the Association upon occupancy or during lease signing. Tenants and roommates must abide by the same rules and regulations as Owners. Owners are responsible for any damages and/or violations caused by their tenants and roommates. Owners who rent or lease his or her lot to a tenant shall not be entitled to use and enjoy any Common facilities on the Common Area during the period the lot is occupied by such tenant. Owners may not lease their homes for periods less than sixty (60) days. No Owner shall lease or rent less than an entire lot and no more than one family shall live on any one lot. Upon the rental or lease of a home, Owners must immediately provide to the Association, in writing, the following information: o The tenant’s name. o The Owner’s current address. o A true and complete copy of the lease or rental agreement. 8 o o Certification by the Owner that the tenant has been given a copy of the DCCRs, these rules and regulations, the Bylaws, and any other governing documents at the time of lease or rental. That such tenant has been advised of any obligations they may have as a tenant. 9 This page intentionally left blank. 10 ARCHITECTURAL REQUESTS AND CHANGES 11 In this section: Architectural Changes and Modifications .................................. 13 Architectural Request Requirements .......................................... 14 Awnings ..................................................................................... 15 Basketball Goals......................................................................... 16 Decking ...................................................................................... 16 Dog Houses ................................................................................ 17 Driveway Additions and Painting .............................................. 17 Exterior Home Renovations ....................................................... 18 Fencing ....................................................................................... 18 Garage Doors ............................................................................. 20 Gazebos ...................................................................................... 20 Outbuildings (or Storage Sheds) ................................................ 21 Roofs (Single-Family Homes) ................................................... 22 12 Architectural Changes and Modifications Architectural changes and modifications are part of home ownership and general upkeep of maintaining a home. The Association is tasked with managing the aesthetics of the community and to ensure that changes remain within the guidelines set forth in the DCCRs and the rules and regulations. The ARC reviews Architectural Requests for approval of such additions and modifications and sets forth various restrictions on other matters relating to the overall appearance of property in Julian Pond. The following sections are intended to provide guidance to Owners regarding requirements for additions and modifications to property in Julian Pond and matters of particular concern to the ARC in considering applications. NOTE: These Standards and Guidelines are supplemental to the existing DCCRs, and are not inclusive of all items upon which the Julian Pond ARC may act. Compliance with the guidelines and requirements of this guide is mandatory, but does not constitute the sole basis for review of applications for approval under Article VII of the DCCRs, nor does it guarantee approval of any application. In reviewing each submission, the ARC may consider any factor it deems relevant. Decisions may be based on purely aesthetic considerations. Each Owner acknowledges that determinations as to such matters are purely subjective and opinions may vary as to the desirability and/or attractiveness of proposed additions and modifications. To this end, it is important to note that decisions are made on a case-by-case basis, and although a modification or addition may have been approved in one instance, there is no guarantee that it will be approved again. IMPORTANT! Unless otherwise specifically exempted by the DCCRs or this guide, all proposed modifications and additions to homes and lots within Julian Pond require application to, and prior approval of, the ARC before commencing with any project. NOTE: Modifications that have been made prior to this guide, but are no longer permitted, are grandfathered-in and are not affected by the rules pursuant to this guide. Residents are still required to maintain any modifications according to the guidelines in this handbook. 13 Architectural Request Requirements The following actions require specific prior approval by the ARC and will be approved or disapproved based on compliance with the DCCRs, these guidelines, and/or the aesthetic discretion of the Committee. Types of Construction Construction of any type of structure or improvement on any lot in Julian Pond (including, but not limited to, fences, in-ground pools, walls, decks and patios, awnings, brick facings, storage sheds, gazebos, and any other exterior remodeling or additions to an existing structure) must be approved first. Additionally, exterior changes such as painting of shutters, driveways, brick mailboxes and/or patios must also be approved prior to modification. Architectural Request Applications Architectural Request applications may be downloaded from the Julian Pond Nextdoor.com website. You must be a registered user to access this document. An Architectural Request application must include a plat plan and survey of the property in order to be considered by the ARC for all projects deemed necessary. Visit the Forsyth County GeoData Explorer website (http://maps.co.forsyth.nc.us/forsythjs/ ) to view/print a plat plan of your property Architectural Requests must contain the following information: Size and measurement of the structure Diagram of proposed construction (e.g., sheds, decks, etc.) Plat plan of the property and survey, especially for fences Roof design and material (shingle or tin) Wall material (sheds) Exterior finish (sheds) Location and height (sheds) Quantity (e.g., trees, shrubs, etc.) Utilities (may require a city permit) Estimated length of time to complete construction Failure to include the plat plan, survey and the application will be returned to the Owner as ‘incomplete’ and will have to be resubmitted with the required plat plan and survey in order to be reconsidered. No work should be started until an approval has been made 14 IMPORTANT! If your project is not approved and work has already commenced, you may be asked to remove it. Architectural Request applications are generally reviewed and a decision is made within 14 days. Building Materials Building materials and equipment shall not be stored where visible from the street for more than thirty (30) days without the permission of the Board. Utilities Any utility additions must be underground and adhere to county code for such utilities. Utility companies must be called to identify underground lines before construction begins to avoid the cutting of power, phone, and/or cable lines. Awnings Particular to cloth awnings, the following guidelines apply: Material Cloth awnings are permitted as long as it is constructed of professional cloth that matches the décor of the home. The cloth must be complimentary to the color of the house. Quantity No more than one awning is permitted on any lot. Location Cloth awnings must be located on the back of the home only. No awnings may be installed on the front or side of the home. Electric or manual cloth awnings may be installed. Cloth awnings must be no larger than 18 feet wide. Particular to metal awnings, the following guidelines apply: Material Metal awnings that are covered by shingles that match the home will only be allowed. Awnings that are painted are forbidden so as to avoid peeling paint. The awning must be supported by like-colored poles. 15 Quantity No more than one awning is permitted on any lot. Location Metal awnings must be located on the back of the home only. No awnings may be installed on the front or side of the home. Metal awnings must be no larger than 18 feet wide x 12 feet long. Basketball Goals Particular to basketball goals, the following guidelines apply: Material Basketball goals must be constructed from professional metal poles consisting of fiberglass and a Plexiglas backboard. Portable basketball goals are permitted provided that they are not placed in the street (including at the end of dead-ends or cul-de-sacs). Basketball goals must not be placed where play would occur in the street and are stored behind or on the side of the house or in the garage when not in use. Quantity No more than one basketball goal is permitted on any lot. Location Basketball goals must be located at least fifteen (15) feet from the road. Backboards may not be mounted or attached to the house. The goal must be oriented so that play occurs on your own property. Per Kernersville Ordinance Sec. 9-93, Interfering with traffic: No person shall walk, stop, sit, kneel, lie down or stand on any street as to interrupt or interfere with the passage of traffic. (Code 1980, § 7-1127) Decking Particular to decks, the following guidelines apply: Material Only wooden and white vinyl decks are allowed in the development. All decks must first be approved by the ARC prior to installation and an illustration of the deck must be submitted with the Architectural Request. 16 Size All wooden decks must be stained within 6 months (180 days) after installation with the exception of white vinyl decks. Decks must not be larger than 18 feet x 20 feet in both Single Family and townhomes. Dog Houses Particular to dog houses, the following guidelines apply: Size Dog houses may not exceed 4 feet wide by 5 feet deep x 4 feet high. Location Dog houses must be located in the rear of the yard. If a doghouse is located on a lot, the rear yard must be enclosed by an approved fence (see the guidelines in Section 7.07 of the DCCRs and refer to Fencing on page 18 of this guide for fencing requirements.) Dog houses will not be allowed unless there is a fence around the yard. No exceptions. Material Dog houses must be constructed of wood with a shingled roof. The shingle and wall color must match as closely as possible to the shingles on the home. Plastic igloo houses are allowed as long as they are reasonable in color and size. Quantity No more than two (2) dog houses are permitted on any lot. Driveway Additions and Painting Particular to driveway additions, the following guidelines apply: Material Driveway additions must be constructed of concrete only. Encroachment A two (2) foot minimum setback must be maintained from all property lines. Situations not permitting this setback will be reviewed on a case-bycase basis. 17 IMPORTANT! A permit from the town of Kernersville must be obtained before approval of driveway additions. Type The construction of circular, gravel, asphalt, or stamped concrete driveways is strictly prohibited. Painted Driveways Driveways may be painted, but not before an Architectural Request form has been submitted and approved from the ARC. If the driveway is painted, the Owner must maintain the aesthetics from chipping or peeling. If this occurs, the Owner will be fined until the issue is corrected. Exterior Home Renovations Particular to exterior home renovations, the following guidelines apply: Doors and Shutters Any change to house paint colors different from the color that is already on the house is prohibited. This would include shutter color changes and/or door color changes. If changes are desired to shutters or doors, both must be changed and an Architectural Request form must be submitted for prior approval from the ARC. Storm Doors Storm doors may be added to the home. Only full glass storm doors are allowed and must be complementary of the shutters and door color. Doors with any type of screen are strictly prohibited on the front of the home. Screen doors may be installed on the entry door from garages. Vinyl Siding Vinyl siding may not be replaced with another color different from what was originally on the home. Fencing NOTE: Photos of pre-approved fencing types may be downloaded from our Julian Pond Nextdoor.com website. You must be a registered user to download these photos. All fences must be approved by the ARC prior to installation. Fences must only consist of wood, aluminum/cast iron or white vinyl. Shorter fences are 18 strongly preferred (i.e., 4 feet or less). No fence over 6 feet tall will be approved. All fencing must be 6 inches from the surveyed line and cannot be butted against a neighbor’s fence. Owners who have erected fences that currently butt against a neighbor’s fence prior to August 2015 are exempt from this rule. Chain Link Fencing Chain link fencing is strictly prohibited. Wood Fencing Wooden fencing must be maintained by applying stain within 6 months (180 days) of installation. Only ‘clear’ or ‘clear natural cedar’ color stain will be permitted. An Architectural Request must be submitted to the ARC if a stain other than the abovementioned is desired. Owners who have installed a wooden fence prior to these rules and regulations dated March 2016, will have to maintain the fencing, which includes power washing and painting, in order to preserve the aesthetics of the community. Wooden pressure treated privacy panels are strictly prohibited. IMPORTANT! Fences that are warped, leaning, broken, unstained and/or posts unattached to fencing must be removed. Shadow Box Style Fencing Shadow-box style fencing is allowed with the following parameters: The fence must have boards with a maximum width of 5 inches and a minimum of 1inch of open space between the boards. The open space pertains to the distance between boards on the front row and back row of the fence (i.e., from a line of sight perpendicular to the fence, you must be able to see through the fence). Fences may be erected at the half-way point on the side of the house for those homes with small back yards. The ARC will evaluate each situation on a case-by-case basis. Fences may not be erected any closer to the street for any other purpose. No fencing may be erected on bermed areas of a lot. That is, no fence shall extend any higher on a berm than the ‘toe’ (base) of the berm. 19 Garage Doors NOTE: Photos of pre-approved garage doors may be downloaded from our Julian Pond Nextdoor.com website. You must be a registered user to download these photos. All garage doors must be approved by the ARC prior to installation. Color The color of the garage door must be white, the same color as the original color of the garage door. Material Garage doors can be replaced with aluminum doors that have single pane windows. Wooden garage doors are strictly prohibited. Garage Door Screens Garage door screens are permitted; however, an Architectural Request must be submitted and approved prior to installation. Screens should be complimentary to the color of the house (i.e., white, tan or black.) Gazebos Particular to gazebos, the following guidelines apply: Material Wooden gazebos may be installed. Only ‘clear or ‘clear natural cedar’ color stain will be permitted. An Architectural Request must be submitted to the ARC if a stain other than that abovementioned is desired. Quantity No more than one gazebo is permitted on any lot. Location Gazebos must be located on the rear of the home only. No gazebos are permitted on the front or side of the home. Gazebos must be no larger than 10 feet long x 10 feet wide x 9 feet high. 20 Outbuildings (or Storage Sheds) Particular to the construction of outbuildings (storage sheds), the following guidelines apply: Size No greater than 8 feet x 8 feet, unless approved by the ARC. Height Overall – no greater than 9 feet. Maximum eave height is 6 feet. Roof Design Single pitch (shed) roofs are not permitted. Roof Materials All outbuilding roofs must be constructed of shingles that match those on the home. Quantity Only two (2) outbuildings are permitted per lot. Wall Material Exterior walls must be constructed of either hardboard or vinyl siding to match the home. T-1 11 exterior plywood can be used (or other exterior siding with 6 – 8 feet on-center). Exterior grooves similar to T-111 plywood that is painted the same color as the house is allowed. No particleboard, plastic rubberized material (e.g., Rubbermaid buildings), standard plywood, cinder block, or metal material is permitted. Exterior Finish All outbuildings must be trimmed and painted, in their entirety, in the same quality materials and colors of the home. Utilities Any utility facilities (electric, water, sewer, etc.) providing service to an outbuilding must be underground and adhere to standard building code for such facilities. Inspections by a certified Electrician may be required. 21 Foundation A poured concrete foundation is preferred. Concrete blocks are acceptable if screened with lattice underpinning and/or landscaping (e.g., low-growing shrubbery). Location Outbuildings are to be placed in the rear yard of a lot and are subject to the following restrictions: If an outbuilding is to be placed in the rear of a lot, the rear property line must be at least three (3) times larger than the outbuilding dimensions. For example, an 8 foot x 8 foot outbuilding placed in the rear of a lot requires a minimum 24 foot rear property line. Outbuildings must be placed at least six (6) feet from any property boundary as provided by zoning regulations, and must contain sufficient clearance around all sides to permit appropriate maintenance. Outbuildings must be placed no less than 50 feet from the property line adjacent to the street side of a corner lot. Roofs (Single-Family Homes) Particular to the replacement of roofs on the single family homes, the following guidelines apply: Material Roofs may be replaced with shingles or tin. Color The color of the roof must be complimentary to the vinyl of the house. 22 GENERAL RULES AND REGULATIONS 23 In this section: Abandoned Vehicles .................................................................. 25 Aesthetics (General) ................................................................... 25 Boats, Hitches, Jet Skis/Ski Mobiles .......................................... 25 Campers, Trailers, Recreational Vehicles (RVs) ....................... 25 Commercial Vehicles, Trucks and Vans .................................... 25 Compost, Firewood and Rubbish ............................................... 26 Disturbances ............................................................................... 26 Fire Safety and Grills ................................................................. 26 Guns (BB, Pellet and Paint Ball) ................................................ 27 Landscaping and Grass .............................................................. 27 Mailboxes ................................................................................... 28 Nuisances ................................................................................... 28 Outdoor Sports / Games / Skateboards ...................................... 28 Parking and Traffic Regulations ................................................ 29 Pets ............................................................................................. 29 Pools (Inflatable and Above-Ground) ........................................ 30 Property Lines ............................................................................ 31 Satellite Dishes, Television and Radio Poles ............................. 31 Seasonal Decorations ................................................................. 31 Security Lights ........................................................................... 32 Signage, Statues, Flag Poles and Trellises ................................. 32 Trash Removal ........................................................................... 34 Unlicensed Vehicles ................................................................... 34 Window Treatments ................................................................... 34 Window Units (Air Conditioning and Fans) .............................. 34 Wrecked Vehicles ...................................................................... 34 24 Abandoned Vehicles See Unlicensed Vehicles on page 34. Aesthetics (General) Particular to general aesthetics, the following guidelines apply: Residents are not to obstruct or clutter driveways, front porches, entranceways, sides of the house, or any lawn areas with furniture, bicycles, firewood, grills, boxes, equipment, play equipment or any other objects. Residents are responsible for keeping such areas swept, cleaned and uncluttered. Play and exercise equipment may be utilized in the rear portion of a resident’s personal lot, but such equipment must not exceed six (6) feet in height. Boats, Hitches, Jet Skis/Ski Mobiles Particular to boats, hitches, ski mobiles, jet skis and snow mobiles, the following guidelines apply: Boats, hitches, ski mobiles, jet skis or snow mobiles are strictly prohibited and may not be parked on the street, in driveways, or on dead-end streets in the development. Campers, Trailers, Recreational Vehicles (RVs) Campers, trailers and recreational vehicles may be parked in the development for a period of five (5) days with no exceptions. After this time, they must leave the development. These vehicles include: Class A, B or C motorhomes Truck or popup campers Travel, teardrop, hybrid, fifth-wheel trailers Park Model, toterhome, truck conversion or toy haulers Commercial Vehicles, Trucks and Vans Commercial vehicles, trucks and vans used as a work vehicle may be parked in the development for a period of five (5) at any one time. These vehicles include: 25 Commercial trucks and vans Truck cabs Compost, Firewood and Rubbish Particular to compost piles, firewood and rubbish, the following guidelines apply: Compost piles shall be permitted unless the Board determines that such compost pile is unsanitary or offensive. Compost piles on corner lots must be located at the furthest possible point from the intersecting street and shall be screened from view. Firewood piles are strictly prohibited. Weeds, vegetation rubbish, debris, garbage or waste materials accumulated or dumped on any lot or Common Area is strictly prohibited. Disturbances Particular to disturbances and nuisances, the following guidelines apply: No resident shall engage or permit any offensive activity to occur that will interfere with the rights, comfort or convenience of others including loud parties. No resident shall permit any illegal or other offensive activity to be conducted on any portion of their property or on any Common Area within the Julian Pond development. Owners and their tenants/residents are responsible for the actions of their guests and any disturbances that they may cause. Fire Safety and Grills Particular to fire safety and grills, the following guidelines apply: Residents are urged to maintain at least one (1) fire extinguisher. Extreme care should be exercised when storing any potentially combustible materials such as paint thinner and cleaning products and propane gas. Storing grills (i.e., charcoal, electric and gas) on front porches when not in use is strictly prohibited. Grills must be stored either on the back porch or in the garage. 26 The use of fire pits or fireplaces is strictly prohibited on decks or porches. When grills are in use, they must be moved to an open area to avoid fire risk. Per the North Carolina Fire Code § 308.3, Openflame cooking devices: Charcoal burners and other open-flame cooking devices shall not be operated on combustible balconies or within 10 feet (3,048 mm) of combustible construction. Balconies made of wood and other natural products are defined as combustible construction. Vinyl siding and other flammable coverings also meet this criteria. All wall surfaces including wood overhangs and doors are covered by these regulations. Violations of these Fire Code regulations are punishable by the issuance of a minimum $100 dollar fine per occurrence. No grills of any kind are to be used near areas landscaped with flammable items such as pine needles or wood chips. Guns (BB, Pellet and Paint Ball) Particular to BB, pellet, paint ball guns or anything that fires a projectile, the following guidelines apply: To ensure the safety of residents and their family and personal property, the use of paintball guns, pellet guns, BB guns are strictly prohibited in the Common Areas. Per Kernersville Ordinance Sec. 11-7, Discharging firearms, toy firearms: (a) No person shall fire or discharge any gun, pistol, or other firearm within the town or on town-owned property nor shall any person discharge any blowgun, bow, dart thrower, sling, paint gun or toy gun which propels any kind of projectile upon being discharged, nor shall any person throw any object known as a shiruken, shoaken, or throwing star. Landscaping and Grass Particular to landscaping for Single Family homes only, the following guidelines apply: Grass must be mowed and maintained by Owners in the Single Family homes. This includes removing all grass clippings from the street and sidewalks. Removal of grass clippings eliminates them from going into the storm drains, which are for water run-off only, thus avoiding environmental problems. Section 7.09 of the DCCRs, state: 27 “Grass, hedges, shrubs, vines and mass planting of any type on any Lot or any portion of the Property shall be kept trimmed and shall at regular intervals be mowed, trimmed and cut so as to appear neat and attractive.” Overgrown grass is considered a nuisance in the Town of Kernersville. Section 10-1, Certain Enumerated Nuisances defines overgrown grass as: “Any growth or overgrowth of grass, weeds or other vegetation that is greater than one (1) foot on the average or any accumulation of dead weeds, grass, brush or undergrowth.” If a lawn is greater than 12 inches, the Town can order the Owner to mow it or can even mow the yard and bill the Owner for the cost to do so at their designated hourly rate. Landscaping such as shrubbery, trees, gardens, or brick landscaping projects must be maintained by the Owner. Berms located on individual lots may NOT be removed. Hoses are not to be openly stored on front porches or on front lawns. Cleaning or lawn implements are not to be visible from outside any Single Family or townhome. Mailboxes Particular to mailboxes, the following guidelines apply: Mailboxes and posts may not be replaced unless damage has occurred. When this occurs, the post may only be replaced with a similar wooden/vinyl post and mailbox or a plastic mailbox/post. Mailboxes may be stained or painted to match the color of the exterior of the home or shutters. To preserve aesthetics of the community, no brick-enclosed mailboxes are permitted in the development. Nuisances See Disturbances on page 26. Outdoor Sports / Games / Skateboards Particular to outdoor sports, games and skateboards, the following guidelines apply: 28 Unless sponsored by the Association, no organized sport or game shall be conducted on any Common Area. Legal guardians are responsible for children at play in Common Areas at all times. Basketball goals are prohibited in the Common Areas and should be moved to the side of the house. They are not to be left in the street. Skateboard ramps are prohibited in the Common Areas and, due to safety and traffic reasons, prohibited in the streets within the Julian Pond development. Parking and Traffic Regulations Particular to parking and traffic regulations, the following guidelines apply: Residents are to park vehicles in their driveway. If the driveway is filled to capacity with other vehicles belonging to the resident, any additional cars can be parked legally along the streets of the Julian Pond development along the flow of traffic. Cars parked against the flow of traffic will be ticketed by the Kernersville Police. Cars must not be parked in any manner that blocks doorways, walkways or roadways that would interfere with the use for ingress or egress in the event of an emergency such as a fire or medical emergency. Parking in any other areas of the Community not intended for parking, or not mentioned in these guidelines, is strictly prohibited. This includes sidewalks, yards (front, side and back) and porches. The Association has the right to tow, at the Owner’s expense, any vehicle that continues to be in violation of any Association guideline. The speed limit throughout the development is 25MPH. To ensure the continued safety of our children, residents are strongly encouraged to contact the Kernersville Police and report speeding in the development. Pets Particular to pets, the following guidelines apply: Generally, all pets must be kept under the Owner’s control at all times and in compliance with city/county leash laws on their property. 29 All dogs must be contained on the Owner’s lot or leashed when off of the Owner’s property. Forsyth County Code of Ordinances Section 6-13 states: (a) No dog shall be left unattended outdoors unless it is restrained and restricted to the Owner's property by a tether, rope, chain, fence or other device. Fencing, as required herein, shall be adequate in height, construction and placement to keep resident dogs within such fenced area and keep other dogs and children from accessing such fenced area. One or more secured gates to the lot shall be provided. Owners are responsible for cleaning up any mess that a pet creates in the Common Areas, as well as on any private property. This includes picking up any excrement and disposing of it in appropriate trash receptacles. Failure to do so will result in an imposed fine. Owners are responsible for their animal’s actions and are liable for any provable damages. The number of household pets generally considered to be outside pets, such as dogs, cats, etc., shall not exceed three (3) in number. Pets may not be kept or bred for any commercial purposes. All pets must be licensed, tagged, and immunized as required by Forsyth County law. Pets must have proper care and restraint so as not to be obnoxious or offensive on account of noise, odor or unsanitary conditions. Animals being a nuisance to their neighbors will not be tolerated. This includes issues with barking, digging or howling. Should an issue arise, please discuss it with the animal’s Owner first before calling Animal Control. If problems still persist, the Board has the authority to conduct a hearing for any Owner whose pet has had a complaint lodged against it for being a danger or unreasonable annoyance. Should the Board determine that the pet does constitute an unreasonable annoyance, or does endanger others; the Board may require that the pet be removed from the property. If not, a violation will be imposed on the Owner. After two violations, a hearing will be held and fines will be imposed (if applicable). Pools (Inflatable and Above-Ground) Particular to inflatable and above-ground pools, the following guidelines apply: 30 Any type of above-ground or in-ground pool is strictly prohibited. The only exception to the abovementioned rule is blow-up ‘kiddie pools.’ Such ‘kiddie pools’ must be located in the rear yard, not in the front yard or driveway, and must be deflated and removed when not in use. Property Lines Particular to property lines, the following guidelines apply: Road right-of-ways span 40 to 60 feet. Your property begins where the road right-of-way ends. The right-of-way/your property line is located approximately 8 to 11 feet behind the back of the curb. The strip of land between the right-of-way and the back curb is generally considered part of your yard that you maintain, but it is not part of your property. In addition, your lot has front, side, and rear yard restrictions that limit usage of these areas as specifically discussed in these guidelines and the DCCRs. NOTE: Refer to your plat plan and/or survey for your front, rear, and side setbacks. Satellite Dishes, Television and Radio Poles Particular to satellite dishes, television and radio poles, the following guidelines apply: The construction, installation, erection, or maintenance of any television or radio pole, antenna, aerial, and satellite dishes larger than three (3) feet, or towers on any lot in Julian Pond is strictly prohibited. Standard size satellite television dishes (such as Direct TV or Dish Network) will be allowed, but must be mounted on the house and in a position not visible from the road (unless approved by the ARC due to reception issues as detailed in the DCCRs). If a clear signal cannot be achieved by mounting on the house, then the dish can be mounted in the backyard. No satellite dish may be placed in the front yard. Seasonal Decorations Particular to seasonal decorations, the following guidelines apply: 31 External seasonal house decorations shall be removed within twenty (20) days of the holiday and shall not be put up more than thirty (30) days before the holiday. Christmas lighting is not permitted before Thanksgiving. Any ornamentation to be permanently affixed to an external door must have prior written approval from the Board. The Board has the right to require removal of any door ornamentation that it deems offensive or that detracts from the overall appearance of the Community. Security Lights Particular to security lights, the following guidelines apply: The installation of freestanding security lights in the front yard greater than 7 feet in height, and in the rear yard, greater than 10 feet in height is strictly prohibited. This regulation does not apply to Centex standard eave -mounted security lights or lights mounted on the home. Signage, Statues, Flag Poles and Trellises Particular to signage, statutes, flag poles and trellises, the following guidelines apply: Signs NOTE: No signs of any kind shall be permitted on the corner of the entrance to the Julian Pond development where the Julian Pond neighborhood sign is located. This includes yard sale, auction, for rent, or estate sale signs. The only exception to this rule is ‘Open House’ signs, which may be erected on Fridays and removed on the following Sunday. No sign may be erected at the front entrance throughout the week. Real Estate Signs: One temporary sign advertising the lot for sale, provided the sign has a maximum face area of 5 square feet on each side and, if freestanding, stands no more than 4 feet off the ground. Security Signs: One small security service sign provided the sign has a maximum face area of 2 feet. Security signs shall be located no further than 3 feet from the front or back of the home. A security sign can be posted in a plant bed or a sticker can be displayed in a window. Permit Signs: Permit signs that are required by legal proceedings or a governmental entity (such as a building permit) are allowed. 32 Political Signs: One political sign is allowed per home and only in the front yard provided the sign has a maximum face area of 5 square feet on each side and, if freestanding, stands no more than 4 feet off the ground. After the election, the sign must be removed within seven (7) days. Statues and Trellises Statues (and/or figurines–including figurine planters) or fountains which are visible from the road are strictly prohibited (unless approved by the ARC). Flagpoles Flagpoles located anywhere on the property are strictly prohibited. One flag up to 4 feet by 6 feet in size may be attached to a flagpole mounted on the house only. The flagpole may not exceed 4 inches in diameter and 60 inches in length. Only official flags of countries, states or universities and seasonal decorative flags may be displayed. Flags which display trademarks or advertising, battle flags and similar flags which, in the Board’s judgment are intended to, or tend to incite, antagonize, or make political statements (other than a statement of citizenship or country of origin of the residence of the dwelling) shall not be permitted. Flags shall be maintained in good condition and shall not be displayed if mildewed, tattered or faded beyond recognition. 33 Trash Removal Particular to trash removal, the following guidelines apply: Rollout containers for both trash and lawn rubbish shall be placed at the curb no sooner than dusk the evening before collection days and retrieved no later than midnight on collection days. Rollout bins are to be stored on the side of the house or in the garage, if possible. No trash or litter is to be deposited or stored on any Common area at any time. No trash or litter is to be deposited or stored on the resident’s premises where visible from any Common area. Unlicensed Vehicles Unlicensed vehicles of any kind are prohibited from parking on the street. The Kernersville Police will ticket and have these vehicles towed from the development. Window Treatments Particular to window treatments, the following guideline applies: Aluminum foil window covers, solid black window coverings or window film on the front of the home, bed sheets or newspapers of any kind or color are strictly prohibited. Window Units (Air Conditioning and Fans) Particular to air conditioning units and fans, the following guideline applies: Window air conditioning units or window fans are strictly prohibited and must not be left in a window on a permanent basis. Wrecked Vehicles Wrecked vehicles are prohibited from parking on the street. 34 TOWNHOMES 35 In this section: Maintenance of Townhomes ...................................................... 37 Insurance .................................................................................... 39 Parking ....................................................................................... 40 Signs ........................................................................................... 40 36 Maintenance of Townhomes The Association maintains the exterior of the townhomes. The Association shall provide the following exterior maintenance upon each townhome lot, subject to the assessment as follows: Roofs Paint Gutters and downspouts Exterior building surfaces (excluding entry doors and exterior glass) Trees Landscaping Grass Fencing (including additional fencing that may be added around patio areas.) The Owner must also maintain all landscaping contained within this fencing. Walkways (excluding cleaning) Driveways (excluding cleaning) The determination of the need, quality, extent and cost of all of the aforementioned repairs shall be made by the Association. The Association and its agents have the right, after reasonable notice to the occupant, to access any lot when necessary in order to make repairs or perform routine maintenance on items that they have the responsibility of maintaining. Interior Maintenance The Owner must maintain all interior glass windows. Draperies/ curtains, mini-blinds, venetian blinds, window shades and plantation shutters are permitted. Any color chosen must be complementary to the exterior color of the home. The interior color of draperies/ curtains can be of the Owner’s choice, but the lining must conform to the color requirements. Bed sheets, aluminum foil, window film, newspaper or other such materials may NOT be used as window coverings. Window cleaning (interior and exterior surfaces) is the responsibility of the Owner. Maintenance and repair of locks, windows and latches are the responsibility of the Owner. Window replacement is the responsibility of the Owner. The Owner is responsible for, and shall fully cover, any costs (including damage and waste removal) resulting from blockages in 37 any plumbing lines as a result of misuse or neglect, and shall reimburse the Association, on demand, for any expense they should incur. Should any adjacent Owner incur damage as a result of negligence by an Owner (or his/her tenant), that Owner will be held responsible for the cost of all repairs to the damaged unit. Owners are responsible for interior pest control. Exterior Maintenance No Owner has any right to alter Common property in the townhomes. No structural modification or alteration to any unit in the townhomes shall be performed without first obtaining the written consent of the Association. The Association has total authority to withhold consent on any modification if a majority of the Board deems (at their discretion) that such modification would in any way adversely affect the townhome or adjacent townhomes. No Owners shall cause any changes or improvements to be made on the exterior of the townhome (including painting or other decoration, the installation of electrical wiring, antennae or other objects that may protrude through the walls or the roof of any unit) or in any manner alter the appearance of the exterior portion of any building without the written consent of the Association prior to action. No Owner may remove or replace any trees or shrubs from the townhomes without the written consent of the Association prior to action. No Owner or tenant shall cause any object to be fixed to the Common property (including the planting of any plant material) or in any manner change the appearance of the Common property. The Association may approve storm doors in writing. A written Architectural Request must be submitted to the Association. Storm doors must be ‘full-view’ and the frame color must complement the exterior color of the townhome. Doors with any type of screen are strictly prohibited Owners are responsible for the maintenance of all exterior doors. Both doors of the duplex must be the same color and match the color of the shutters. If both residents in the duplex disagree on the color change, the color must stay the same. The Association may approve additional fencing to enclose a portion of a patio area. The fence may not extend further than 8 feet off the rear of the structure and must be the same style, height, and material as the privacy fence panels located between homes. 38 Owners are responsible for all repairs, replacement and clean-out of sewer lines and facilities located upon their lot from the cleanout to the home. Owners are responsible for the cleaning of walkways, patios, stoops, driveways, parking areas and porches located upon their lot, and all other areas owned by the Owner that are not maintained by the Association. Owners are responsible for the maintenance, repair, and replacement of all exterior light fixtures attached to their unit. Removal of any planting material from the Common Area by Owners is prohibited. Owners on their lots may plant annuals and other small planting materials in existing planting beds. Any such plant materials must be maintained by the Owner, must be promptly removed if dead, and may not be placed so as to interfere with any landscape materials provided by the Association. All plant materials must be kept pruned below gutters, away from the building, and off of fences provided by the Association. Owners are strongly encouraged to water new growth of grass upon their lots, as well as keep grass watered during the summer months. The Association thanks you in advance for your assistance in maintaining the attractiveness of your lawn. Planters on front porches are permitted provided they are unobtrusive in size, shape and color. Plantings in such containers should be appropriate and must be maintained by the Owner. Any dead materials must be promptly removed. No artificial plants may be used in the flower beds or yard. Awnings and window flower boxes are strictly prohibited. Owners are responsible for the maintenance, repair and replacement of the heating, air conditioning units, and all utilities that serve their townhomes. Insurance Particular to insurance coverage for the townhomes, the following guidelines apply: The Association maintains fire and extended coverage casualty insurance on the buildings and improvements located upon the Property, including the Common Areas and facilities, and personal property located upon such Common Areas. Townhomes themselves and any personal property in the units affected are NOT covered. 39 Residents ARE REQUIRED to maintain a personal property and liability policy for their home. Public liability policies are required in the amount of $300,000.00 (minimum) per occurrence. Insurance policies should list the Julian Pond Homeowners Association as additional insured. Parking Due to the limited and congested nature of parking in the townhomes, and to avoid obstructing city vehicles from freely maneuvering trash pickup and mail delivery, the following guidelines apply: All vehicles must be parked in the driveway and not on the street. Campers, trailers and recreational vehicles may be parked in the development for a period of five (5) days with no exceptions. After this time, they must leave the development (See Campers, Trailers, Recreational Vehicles (RVs) on page 25). Signs Particular to signage for the townhomes, the following guidelines apply: One sign of customary and reasonable dimensions advertising a townhome for sale or rent shall be limited to one per townhome and shall not be placed on any Common Area. No signs may be affixed (temporarily or permanently) to the exterior of any structure. 40 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR JULIAN POND 41 In this section: Article 1: Definitions ..................................................................... 45 Article 2: Submission and Term .................................................... 48 Article 3: Compliance with Management Documents .................................................................... 48 Article 4: Property Rights .............................................................. 49 Article 5: Common Area Easements and Rights of Way; Encumbrances ............................................................... 53 Article 6: Maintenance, Repair and Replacement................................................................. 54 Article 7: Use Restrictions ............................................................. 57 Article 8: Membership and Voting Rights ...................................... 60 Article 9: Covenants for Assessments ............................................ 62 Article 10: Insurance ....................................................................... 67 Article 11: Damages and Destruction ............................................. 69 Article 12: Eminent Domain ........................................................... 70 Article 13: Architectural Control .................................................... 70 Article 14: Mortgagee Protection.................................................... 71 Article 15: Annexation.................................................................... 73 Article 16: Indemnification of Officers and Directors........................................................................ 74 Article 17: Miscellaneous Provisions ............................................. 74 42 43 44 Article 1: Definitions 45 46 47 Article 2: Submission and Term Article 3: Compliance with Management Documents 48 Article 4: Property Rights 49 50 51 52 Article 5: Common Area Easements and Rights of Way; Encumbrances 53 Article 6: Maintenance, Repair and Replacement 54 55 56 Article 7: Use Restrictions 57 58 59 Article 8: Membership and Voting Rights 60 61 Article 9: Covenants For Assessments 62 63 64 65 66 Article 10: Insurance 67 68 Article 11: Damages and Destruction 69 Article 12: Eminent Domain Article 13: Architectural Control 70 Article 14: Mortgage Protection 71 72 Article 15: Annexation 73 Article 16: Indemnification of Officers and Directors Article 17: Miscellaneous Provisions 74 75 76 77 78 79 80 81 82 COMMON AREAS IN JULIAN POND 83 84 Areas in yellow represent common areas in the Julian Pond development. 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