Rules_and_Regulations by xiuliliaofz

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									                                English Gardens Homeowners Association
                                         Rules and Regulations

 1                       1. Introduction to Rules and Regulations

 2   I. Introduction

 3   Consistent with the Declaration of Covenants, Conditions, and Restrictions of Woodfield
 4   Estates (CCR’s) and Chapter 64.38.020 (11) of the Revised Code of Washington, the English
 5   Gardens Homeowner’s Association (English Gardens) does hereby establish the following
 6   Rules and Regulations to become effective on December 1, 2007

 7
 8   II. Purpose

 9
10   The purpose of these Rules and Regulations (Rules) is to provide specificity to the CCR’s
11   and to establish a fine schedule for violation of the CCR’s and these Rules.

12
13   III. Fine Schedules

14
15   Specific fine schedules for the infraction of any Rule shall be contained within that specific
16   Rule.

17
18   IV. Attorney’s Fees and Collection Costs

19
20   Consistent with Article XI, Section 6.6 of the CCR’ s, English Gardens shall be entitled to
21   recover attorney fees and costs from the Owner for actions taken to collect such imposed
22   fines.

23
24   V. Rule Enforceability

25
26   If any portion of these Rules is determined to be legally unenforceable, it shall not negate the
27   enforceability of the remaining portions of these Rules.

28
29   VI. Amendments

30
31   These Rules may be amended from time to time through a majority vote of the English
32   Gardens Board of Directors and with sixty (60) days notice to the membership.
                                    English Gardens Homeowners Association
                                             Rules and Regulations

33
34      VII. Appeal

35
36      The opportunity to appeal the Board’s decision regarding the imposition of fines under these
37      Rules is available as detailed in Chapter 6 of these Rules.
38

39                                     2. Exterior Maintenance
40
41   I. Introduction

42   Article III, Sections 3.4 and 3.5 of the CCR’s establish the requirements that each individual Lot
43   owner maintain the exterior appearance of the structures and grounds on his/her Lot.

44   II. Obligation of Owner

45   Each owner shall maintain his/her Lot and any building or improvements located on the Lot to
46   standards appropriate for a first-class residential community.

47   III. First-Class Residential Community

48   The standard for a first-class residential community includes, but is not limited to:

49          A. All trees, hedges, shrubs, flowers and lawns shall be neatly maintained and cultivated.

50          B. All structures upon any Lot shall at all times be maintained in good condition and
51             repair, and be properly painted, stained or otherwise finished.

52          C. Slope banks upon any Lot shall be properly watered and maintained by the Owner
53             thereof.

54   IV. Rubbish and Trash

55          A. No Lot shall be used as a dump for trash or rubbish of any kind.

56          B. All garbage and other waste shall be kept in appropriate sanitary containers for proper
57             disposal and out of public view.

58          C. Yard raking, dirt and other material resulting from landscaping work shall not be
59             dumped onto streets or any Lots.

60   V. Infractions

61   Owners must maintain the Lot in a manner consistent with the CCR’s and this Rule. Following
62   identification by the Board of a violation, the Owner will be mailed a Notice of Violation. The
                                   English Gardens Homeowners Association
                                            Rules and Regulations

63   Owner must respond to the Notice of Violation within fourteen (14) days from the date of its
64   mailing. The owner may respond by curing the violation or by providing a written response
65   indicating how the owner intends to cure the violation within a reasonable time frame.

66   If no response is received by English Gardens within fourteen (14) days, fines may begin to
67   accrue as detailed in the Fine Schedule section herein.

68
69   VI. Fine Schedule

70
71   Failing to respond to the Notice of Violation within fourteen (14) days shall result in fines being
72   imposed at the daily rate of $25 commencing on the fifteenth (15) day following Notice and
73   concluding upon cure of the violation.

74   VII. Additional Remedies

75
76   If the Owner of any Lot fails to maintain the Lot, buildings, and other improvements to the
77   standards stated herein, the Association, after 30 day notice to an Owner and approval by two-
78   thirds vote of the Board, shall have the right, through its agents and employees, to enter upon the
79   Lot and to clean, repair, maintain, and restore the Lot and the exterior of the building and other
80   improvements. The costs of such exterior maintenance shall be added to and become part of the
81   assessments to which such Lot is subject.

82
83                                     3. Vehicles and Parking

84   I.   Introduction

85   Article III, Sections 3.6 of the CCR’s establishes the guidelines regarding the appropriate
86   parking of all vehicles within English Gardens.

87
88   II. General Vehicle Parking

89
90   No vehicle of any kind shall be stored on any Lot other than paved asphalt or concrete surface
91   approved by the Architectural Control Committee for such purpose.

92   III. Vehicle Repair

93   No repair shall be permitted on driveways or streets, which require the vehicle to be elevated in
94   order to effectuate repairs. No major auto repairs shall be permitted except within with an
95   enclosed garage which are kept closed. The only repairs permitted on the balance of the property
96   are casual repairs and maintenance activities such as tune-ups or oil changes.
                                     English Gardens Homeowners Association
                                              Rules and Regulations

 97   IV. Vehicle Parking (Disabled)

 98   No Owner of any residential Lot shall permit any vehicle owned by him/her or by any member
 99   of his/her family or by any acquaintance, and which is in a state of disrepair, to be abandoned or
100   to remain parked upon any street or upon any Lot within the property for a period in excess of 48
101   hours. A vehicle shall be deemed to be in a state of disrepair when its presence and/or
102   appearance offends the reasonable sensibilities of the occupants of the neighborhood or has had
103   engines, doors, trunk lids, hoods, fenders, tires, wheels, grills or any of them removed.

104   V. Recreational Vehicles
105

106   No recreation vehicle, including but not limited to boats, snowmobiles, motorcycles, campers,
107   motor homes and trailers—whether operable or not-of any kind shall be parked, stored,
108   maintained or constructed on any Lot or street in such a manner as to be visible from the street.

109   VI. Infractions

110   Failure to adhere to the guidelines in Sections II through V of this Chapter is an infraction of
111   these Rules and may result in the Owner incurring fines consistent with the Fine Schedule
112   contained herein.

113   VII. Fine Schedule

114   Fines for each infraction described in Section VI above shall be imposed at the following rates:

115          1. First Day of Offense – Written Warning*

116          2. Third Day of Offense through last day vehicle remains in violation - $25 per day

117          3. All Subsequent Offenses by Owner - $25 per day without written warning

118   *Written warning will be left on offending vehicle and mailed to the owner. Fines may
119   commence without further notice.

120   VIII. Additional Remedies

121   If any owner refuses or fails to remove a vehicle in violation of these Rules within 48 hours after
122   a request to do so, the Board may remove the vehicle at the Owner’s expense. Any cost or
123   expenses advanced by the Board for removal of the vehicle shall become a lien against the
124   Owner’s Lot enforceable as other liens herein.

125                                              4. Animals

126   I. Introduction
                                    English Gardens Homeowners Association
                                             Rules and Regulations

127   Article III, Section 3.7 of the CCR’s establishes the requirements associated with animal
128   ownership within English Gardens.

129   II. Permissible animals

130              a. Dogs, cats, and caged birds are the only animals that may be kept as pets on any
131                 Lot in English Gardens.

132              b. No Owner may keep more than two animals (dogs and/or cats) on any Lot in
133                 English Gardens.

134      III. Leashing

135      Consistent with the CCR’s and Pierce County ordinances, all dogs must be leashed while not
136      on the Owner’s property in English Gardens. It is the responsibility of each Owner to ensure
137      their dog does not run free within English Gardens. Unleashed dogs may be reported to the
138      Humane Society and their Owners may be subject to fines under Section VII below.

139      IV. Scooping

140      It is the responsibility of each English Gardens Owner to properly dispose of the fecal waste
141      produced by their dog.

142              a. While the dog is on the Owners property, the Owner must collect and dispose any
143                 fecal waste generated by the dog in a timely manner so that neither the aroma nor
144                 the appearance is offensive to other English Gardens residents.

145              b. While the dog is in English Gardens and off of the Owners property, the owner is
146                 responsible for the immediate clean up of their dog’s fecal droppings. To that
147                 end, while walking their dog, each owner will carry with them some type of
148                 device (plastic bags, Pooper-Scooper, shovel, etc.) for the cleaning up after their
149                 dog. Leaving the site of the dropping without collecting the fecal matter is a
150                 violation of this rule whether on another owner’s property, common area, or on an
151                 English Gardens sidewalk. Failure to comply with Subsection A or B of this
152                 Section is a violation of this rule and may result in the imposition of
153                 penalties/fines against the violating owner.

154      V. Prohibited Animals

155              A. Animals may not be kept, bred or raised for commercial purposes on any Lot in
156                 English Gardens.

157              B. Animals that are, or become an annoyance or nuisance to the neighborhood shall
158                 thereafter be removed from any Lot in English Gardens. Annoyances and
159                 nuisances shall include but are not limited to excessive barking, howling, digging
160                 and/or fighting.
                                English Gardens Homeowners Association
                                         Rules and Regulations

161          C. Any dog that has inflicted bites on a human or domestic animal, or chases or
162             approaches a person on the street, sidewalks or on public or private property in a
163             menacing fashion or with an apparent attitude of attack, must be removed
164             immediately from any residential Lot within English Gardens.

165          D. Any dog with a known propensity, tendency, or disposition to attack unprovoked,
166             to cause injury, or otherwise threaten safety of humans or domestic animals must
167             be removed immediately from any residential Lot within English Garden’s.
168

169   VI. Infractions

170
171   A. When a Permissible Animal, Leashing, Scooping or Prohibited Animal violation has been
172   reported to the Board, a Board member or its designee will investigate. If the violation is
173   verified, the violating owner will be notified and fines will be assessed according to Section
174   VII below. Reports by individual Owners or Board members will serve as adequate basis for
175   investigation.

176
177   B. At the Board’s discretion, legal action may proceed against the violating Owner at any
178   point, once a violation has been verified. Additional fines will continue to be assessed
179   throughout the legal action if the Owner continues to violate the rule.

180
181   VII. Fine Schedule

182
183   A. Fines for Permissible animal violations shall be imposed at the following rates:

184      1. First Day of Offense - Written Warning Only

185      2. Third Day through last day animal(s) remain on Lot - $50.00/day

186   B. Fines for Leashing or Scooping violations shall be imposed at the following rates:

187      1. First Offense – Written Warning Only

188      2. Second and all Subsequent Offenses

189              a) Leash Violation - $25 per offense

190              b) Scoop Violation - $50 per offense

191    C. Fine for prohibited animal violations shall be imposed at the following rates:

192      1. Animals kept, bred or raised for commercial purposes:
                                   English Gardens Homeowners Association
                                            Rules and Regulations

193                 a) First day – Written Warning

194                 b) Third day though last day animal(s) remain on Lot - $50.00/day

195          2. Animals that are an annoyance or nuisance to the neighborhood:

196                 a) First Day – Written Warning

197                 b) Third day through last day animal remains on Lot - $100.00/day

198                                    5. Architectural Control

199   I. Introduction

200          Article II, Section 2.3 of English Gardens CCRs establishes the requirements for
201   construction and modification to structures within English Gardens.

202   II. Site Improvements, Buildings and Structures

203          A. No site improvement, building or other structures shall be constructed or altered until
204             there has been filed with the Architectural Control Committee (ACC) plans and
205             specifications for the same and the ACC have approved in writing said plans and
206             specifications.

207          B. Such filed requests shall be presented in form satisfactory to the ACC and shall
208             contain two sets of pans and specifications showing the following:
209             1. The size and dimensions of the improvements;
210             2. The exterior design;
211             3. The exterior color scheme;
212             4. The exact location of the improvement of the Lot;
213             5. The location of any added driveways and parking areas;
214             6. The scheme for the drainage and grading (if effected);
215             7. The proposed landscaping and fencing (if applicable);

216   III. Architectural Control Categories

217           A. Paint/Stain — The color of exterior paint/stain of all structures must be harmonious
218   with the other homes in the subdivision. All homeowners who wish to change existing exterior
219   color, or repaint/restain their existing color, must submit color schemes to the Architectural
220   Committee for approval prior to work commencing.

221
222          B. Fencing — Plans that include a detailed description of the proposed fencing materials
223          and paint color must be submitted to the Architectural Control Committee for approval
224          prior to work commencing.
225
                                English Gardens Homeowners Association
                                         Rules and Regulations

226      C. Decks/Roofs - Construction plans and a description of deck/roofing materials must be
227         submitted to the Architectural Control Committee prior to work commencing.

228      D. Remodeling – Construction plans and a description of materials to be used must be
229         submitted to the Architectural Control Committee for approval prior to work
230         commencing on any outside remodeling project.

231      E. Miscellaneous Structures — Construction plans and a description of materials to be
232         used must be submitted to the Architectural Control Committee for approval prior to
233         work commencing on any structure to be built or placed on any lot in English
234         Gardens.

235   IV. Infractions
236          A. Paint/Stain — Failure by a homeowner to obtain written approval from the
237          Architectural Control Committee prior to the commencement of painting/staining
238          their home is an infraction of these rules and may result in the homeowner having to
239          repaint/restain their home with approved color schemes. Additionally, fines may be
240          assessed as described under Section V of this Chapter.

241
242          B. Fencing — Failure by homeowner to obtain written approval from the
243          Architectural Control Committee prior to constructing a fence is an infraction of these
244          rules and may result in the homeowner having to remove the fence in its entirety from
245          the property. Additionally, fines may be assessed as described under Section V of
246          this Chapter.

247
248          C. Decks/Roofs - Failure by a homeowner to obtain written approval from the
249          Architectural Control Committee prior to constructing or replacing decks/roofs is an
250          infraction of these rules and may result in the homeowner having to remove and/or
251          replace the deck/roof in its entirety. Additionally, fines may be assessed as described
252          under Section V of this Chapter.

253
254          D. Remodeling — Failure by a homeowner to obtain written approval from the
255          Architectural Control Committee prior to commencing work on any structure built or
256          placed on any lot in English Gardens is an infraction of these rules and may result in
257          the homeowner having to restore their home to the original condition. Additionally,
258          fines may under Section V of this Chapter.

259
260          E. Miscellaneous Structures — Failure by a homeowner to obtain written approval
261          from the Architectural Control Committee prior to commencing work on any
262          structure built or placed on any lot in English Gardens is an infraction of these rules
263          and may result in the homeowner having to remove such structure in their entirety.
264          Additionally fines may be assessed as described under Section V of this Chapter.
                                    English Gardens Homeowners Association
                                             Rules and Regulations

265      V. Fines

266              a. Nonrecurring Fine – A fine in the amount of $100 will be incurred by any
267                 homeowner who commits any of the five infractions listed under Section IV of
268                 this Chapter.

269              b. Daily Fine – Following notice of the infraction and the initial $100 fine, the
270                 homeowner will have thirty (30) days to remedy the infraction by repainting,
271                 restaining and/or removing the unapproved structure (s) as directed by the
272                 Architectural Control Committee.

273                  Beginning on the thirty-first (31st) day following the notice, fines will be incurred
274                  by the homeowner in the amount of $50 per day. This daily fine will continue
275                  until 1) the Architectural Control Committee receives a signed document by the
276                  homeowner stating the homeowner’s intent to repaint restain/remove the
277                  nonconforming color/structure, and 2) the work is completed. Legal action may
278                  commence against the homeowner once the thirty (30) days to remedy the
279                  infraction has expired.

280              c. Opportunity to be Heard – The opportunity to appeal the Architectural Control
281                 Committee/Board’s decision regarding the assessment of fines is available as
282                 detailed in Chapter 6 of these Rules and Regulations.

283      VI. Legal Fees

284              Legal fees incurred by the English Gardens Homeowner’s Association resulting from
285              the enforcement of the rules under this chapter may be assigned to the homeowner
286              who has committed the infraction.

287      VII.    Rule Enforceability

288              If any portion of this rule is determined to be legally unenforceable, it shall not negate
289              the enforceability of the remaining portions of the rule.

290

291                                   6. Opportunity to be Heard

292   I. Introduction

293   Any Owner determined by the Board to be in violation of these Rules and Regulations may
294   request a hearing to offer a defense to the imposition of fines. All hearing requests must be
295   received by the English Gardens Homeowner’s Association, 17404 Meridian E, PMB 104,
296   Puyallup WA 98375 no later than fourteen (14) calendar days following Owner notification of
297   the violation. Failure to request a hearing within this time frame shall be deemed as the Owner’s
298   waiver of this chapter of these Rules and Regulations.
                                    English Gardens Homeowners Association
                                             Rules and Regulations

299   II. Hearing Request Procedure
300   A. Within fourteen (14) calendar days following receipt of a complete written request by a
301   violating Owner, the Association President will assemble a three-member Review Board. The
302   Review Board will consist of not less than one (1) current Board member. To be complete, the
303   Owner’s written request must contain the following information:

304
305          1) Name and address of Owner,
306          2) Explanation of why the fine is unwarranted,
307          3) Three (3) copies of all documentation to be presented by the appealing Owner at the
308          hearing,

309          4) Names of attorney/witnesses that the violating Owner intends to bring.
310          5) Dated signature of Owner.

311   B. The hearing will take place at a time and place to be determined by the Review Board, but not
312   later than ten (10) calendar days following its formation. The appealing Owner will have up to
313   thirty (30) minutes to explain why he/she should not be fined. At the conclusion of the
314   presentation, the Review Board will close the hearing and discuss the merits of the explanation.

315   C. The Review Board will send written notice to the appealing Owner within seven (7) calendar
316   days stating the outcome of the hearing. If the Review Board finds in favor of the appealing
317   Owner, the homeowner will incur no fines. If the Review Board determines that the explanation
318   was inadequate to justify waiver of the fines, the fines will be assessed to the Owner and where
319   applicable, continue to accrue.

320   III. Fine Collection

321   All Owners’ fines will be billed by English Gardens at the end of each month. If the fines
322   remains unpaid 45 days past the billing date, all available collection methods will be used, up to
323   and including a lawsuit against the delinquent Owner. Interest and legal fees incurred while
324   pursuing collection of the same may also be charged to the violating homeowner.

325

								
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