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Compton Heights Homeowners Association Handbook

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Compton Heights Homeowners Association Handbook Powered By Docstoc
					   Compton Heights
 Homeowners Association
      Handbook
            Clifton, Virginia USA



          Professionally Managed by:
        Gates, Hudson & Associates, Inc
Sherri Long, Compton Heights Portfolio Manager
         3020 Hamaker Court, Suite 300
             Fairfax, VA 22030
                703-752-8300

                   July 2008
                             INTRODUCTION

The following handbook of policies         such laws conflict with any provision
and procedures has been approved           of this handbook.
by the Board of Directors of the
Compton      Heights    Homeowners         The Board of Directors (the “Board”)
Association (the “Association”). It        reserves the right to make policy
reflects present circumstances and is      changes at any time. Changes will
intended to aid you in understanding       be made to reflect amended policies,
and dealing with the day-to-day            covenants        and      procedures
situations which arise out of the          consistent with the need of the
ownership of a home in Compton             Association,     Lot  owners    and
Heights.                                   residents. As changes occur, you
                                           will receive the appropriate material
This handbook is a guide to the            to place in your handbook.
Association’s current policies and
covenants. It is not intended to           The Board is responsible for policy
create, nor should it be construed to      formation,     implementation    and
constitute a contract between the          interpretation. The administration of
Association and Lot owners or              activities of the Association rests
residents.       The policies and          with the management agent. If you
procedures apply to all owners and         have any questions, you should
residents without regard to race,          contact the management agent at
color, religion, national origin, age,     the address and telephone number
sex or citizenship. Applicable State       as follows:
or Federal law will prevail where

              Ms. Sherri Long, Compton Heights Portfolio Manager
                        Gates, Hudson & Associates, Inc
                         3020 Hamaker Court, Suite 300
                               Fairfax, VA 22030

             Phone:              (703) 752-8300
             Email:              slong@ghacm.com
             FAX:                (703) 876-9594

CONTENTS

      About the HOA
      Association Responsibilities
      Funding of the Services and Reserves of the Association
      Assessment Collection Procedures
      Rules and Regulations
      Architectural Applications
ABOUT THE HOMEOWNERS ASSOCIATION

The Association is a non-stock            the external appearance of Compton
corporation whose members are the         Heights through approval of house
owners of 118 single family detached      and Lot modifications, and by
residential Lots. In addition to the      reminding owners periodically of the
Lots, the Association includes a          need to maintain their property.
multi-purpose court, asphalt trails,
and deeded common areas.                  The guidelines for the administration
                                          of the Association are a set of written
The      Association      membership      instruments     (the    Articles      of
consists of all Lot owners (the           incorporation, the By-Laws, the
“Members”), and is governed by the        Declaration       of      Covenants,
Board of Directors.       The Board       Conditions       and      Restrictions
consists of not less than five (5)        (Declaration), and any resolutions
individuals elected by the Members.       adopted by the Board).             The
                                          Association was incorporated on
Committees are a crucial part of the      May 19, 1988, and the Declaration
administration of the activities of the   was recorded on August 18, 1988.
Association. The Architectural and        Declaration     amendments       were
Environmental Control Committee           recorded on July 10, 1996.
(AECC) is charged with regulating



ASSOCIATION RESPONSIBILITIES

The Association is responsible for        common areas and the Board of
providing a variety of services to the    Directors, and the establishment of
Lot owners and residents. Among           reserve funds for the repair and
these services are trash removal, the     replacement          of        capital
maintenance of the common area            improvements. The Association also
grounds and improvements, the             plays the very important role of
payment of expenses for common            architectural review and enforcement
area water and electricity, hazard        of the covenants of the community.
and liability insurance for the



FUNDING OF THE SERVICES AND RESERVES OF THE
ASSOCIATION

Each year the Board adopts an             five percent (5%) or an amount equal
annual budget to cover expenses of        to the Consumer Price Index,
the Association. The budget serves        whichever is greater, annually by the
as the basis for determining the          Board without a vote of the
Annual General Assessment that            members. The actual assessment
each Lot owner will pay during the        determined under the annual budget
subsequent year.      The Annual          may be less than the maximum
Assessment can be increased by            permitted.
ASSESSMENT COLLECTION PROCEDURES

An amount equal to one-half of the         owner a two part bill for use in
Annual Assessment is due on the            making your payment. Please follow
first day of January and the first day     the instruments included with the bill,
of July each year. On or about             and make directly to the Managing
December 15 and June 15 the                Agent’s main office, as follows:
Managing Agent will send each

                             Compton Heights HOA
                             P.O. Box 60008
                             Phoenix, AZ 85082-0008

If the Lot Owner does not receive a        court fees, attorney’s fees and other
bill for any reason, such as a             related expenses are assessed
problem with mail delivery, lost, etc.,    against the Owner.
the Lot owner is still responsible
for being aware that the                   Please read the enclosed resolution
assessment is due every six                (Exhibit A) pertaining to collection of
months and making a timely                 assessments, as these procedures
payment. Non receipt of a bill is          will be followed by the Board,
not a reason for late payment.             Management, and Association legal
                                           counsel.
If any assessment is not paid within
30 days after the due date, a Lot          Upon receiving a delinquent account,
owner shall be considered                  counsel will write a demand letter,
delinquent. The outstanding                typically giving the Owner up to 10
assessment shall bear interest from        days to pay or face further action.
the date of delinquency at a rate of       Included among the actions to be
twenty-one percent (21%) per               taken by the Association is filing a
annum and the owner shall be               lien on the Lot, obtaining judgment,
assessed a penalty of $20, in              garnishing salary or wages,
accordance with Article VI, Section        attaching assets and foreclosing on
8 of the Declaration.                      the Lot.

If the Owner is still delinquent sixty     No Owner in default in the payment
(60) days after the due date, the          of any assessment is allowed to vote
account is turned over to the              on Association matters. Moreover,
Association’s attorney for collection.     use of non-essential services and
All costs, including certified mail,       common areas may be denied.
RULES AND REGULATIONS

Rules and regulations in a               vans, wreckers, hearses, buses
homeowner association are needed         boats, boating equipment, travel
for the protection and benefit of the    trailers or camping equipment shall
Owners and residents. The rules          be regularly or habitually parked
established in the Declaration and       within the boundaries of the
By-Laws and subsequently                 Association. The Association shall
supplemented by the Board are not        not be required to provide a storage
intended to restrict the residents or    area for thee vehicles. No portion of
to prevent their enjoyment of the        a Lot, Parcel, Common Area or
common area. Rather, the rules           public street shall be used for the
have been established to increase        repair of automobiles.
everyone’s use and enjoyment of the
community (section references are to     No vehicles, including but not limited
those included in the Declaration).      to automobiles, trucks, motorized
                                         bicycles, motorcycles, mini-bikes,
RESIDENTIAL USE ONLY.                    go-karts, etc., shall be operated on
Article VII, Section 1 of the            or parked upon any common area of
Declaration provides that the            the Association.
property shall be used exclusively for
residential purposes, including          The dumping or disposal of oil,
recreational uses as provided in the     grease, or any other chemical or
documents. Consequently, no              residual substances or any
business use shall be permitted,         substance or particles from holding
other than as allowed in the             tanks of vehicles of any type is not
Declaration and subject to approval      permitted on the common area.
of the Board.
                                         All vehicles must be operational and
LEASES. If you lease your home,          must be in compliance with the
                                         Commonwealth of Virginia laws.
you are responsible for providing the
                                         Consent is given to all appropriate
lessee with a copy of the rules and
                                         law enforcement officers to enter
carefully explaining the need to
                                         upon the Association property and
abide by those rules. The Owner is
                                         enforce the applicable requirements
responsible for the actions of his or
                                         of the Code of Virginia as amended.
her lessee(s) and may be held
                                         Parking in designated fire lanes is
accountable by the Association for
                                         strictly prohibited.
violations of the rules and/or damage
to the common areas.
                                         PETS – ARTICLE VII,
VEHICLES AND VEHICLE                     SECTION 2. No livestock or other
MAINTENANCE – ARTICLE                    domestic or wild animal shall be kept
                                         or maintained on any Lot, except
VII, SECTION 4. No junk                  common household pets such as
vehicles, recreational vehicles,         dogs and cats which may be kept or
house trailers, or commercial            maintained, provided that they are
industrial vehicles, such as, but not    not kept, bred or maintained for
limited; to: moving vans; commercial     commercial purposed and do not
trucks, tractors, trailer, commercial
create a nuisance or annoyance to         outside for pickup earlier than the
surrounding Lots or the                   evening prior to pickup and must be
neighborhood and are in compliance        removed from the curb or front yard
with the applicable Fairfax County        no later than the evening of the
ordinances.                               pickup. Trash must be in covered
                                          containers or sealed bags and
Owners and all other persons who          placed at curbside or other
are owners and/or custodians of pets      designated areas for pickup. All
shall not allow such pets to run at       trash containers should be stored in
large on the common area of the           garages, rear yards, or behind
Association. A dog or cat shall be        fences at all times other than pickup
deemed to run at large when not           days.
restrained by a dependable leash
and controlled by a responsible           SIGNAGE – ARTICLE VII,
person as defined by county               SECTION 12. Real estate signs
Ordinance.
                                          must be square and not exceed 2’ x
                                          2’ in total area (excluding riders). No
All pets must have appropriate shots,
                                          more than 3 directional signs are
licenses and tags, as required by
                                          permitted within the boundaries of
County Ordinance. The Association
                                          the Association. Banners, aerial
has extended permission to the
                                          balloons, or any other form of
County Animal Warden to enforce all
                                          advertising is not permitted.
applicable portions of the County
Ordinance in regard to all animals
                                          Temporary contractor signs must
and pets within the common area.
                                          conform with the real estate
                                          provisions above. These signs may
Pet owners shall be responsible for
                                          be displayed for no more than 30
the immediate cleanup and proper
                                          days and must be removed within 72
disposal of pet wastes from their
                                          hours of work completion.
pets. Pet owners shall incur any and
all costs for repairing damage to
                                          No illuminated signs are permitted.
common area caused b their pets.

Pets shall not be chained or leashed      LANDSCAPING – ARTICLE VII,
on any common area nor shall they         SECTION 9.1. Front or side yard
become a nuisance to residents in         foundation plantings, including trees,
the Association. Actions which may        shrubs and flowers, within 12’ of the
constitute a nuisance include, but        base of the home are permitted as
are not limited to, barking, crying,      mulched beds. The front and side
scratching, being hygienically            yards must be maintained as at least
offensive or physically threatening. If   50% grass. The remainder of these
a noise problem exists with pets,         yards may be maintained as
please contact the Fairfax County         mulched planting beds. No rock
Animal Warden (703-830-3310).             gardens and other ground cover in
                                          lieu of grass are permitted. No
TRASH CONTAINERS –                        vegetable gardens are permitted in
                                          the front yard.
ARTICLE VII, SECTION 5.
Trash containers shall not be placed
ARCHITECTURAL APPLICATIONS

All residents benefit from the            must be approved in advance. No
planning and design that have been        modification to builder provided
an important part of the development      decks may be made without AECC
of the community. The purpose of          approval. Homeowners are required
design controls is to assure residents    to obtain all applicable County
that the standards of design quality      permits.
will be maintained which, in turn,
protects property values and              Advance approval for modifications
enhances the community’s overall          and improvements is required. Do
environment.                              not wait until the last moment to
                                          submit your request as the AECC
The authority for maintaining the         has up to sixty (6) days to act on an
quality of design in the community is     application.
in the Declaration with the creation of
an Architectural and Environmental        It is not unusual for the AECC to
Control Committee (AECC)                  receive a request for approval of a
consisting of three (3) or more           modification from a homeowner who
members appointed by the Board.           states that “the contractor is going to
                                          begin this weekend”. Plan ahead.
All exterior alterations require the      Submit the paperwork well in
approval of the AECC. No                  advance of the scheduled
improvements, alterations, repairs,       commencement of modification.
change of paint colors, excavations,
changes in grade or other work            The decision of the AECC will be
which in any way alters the exterior      sent by letter to the applicant’s
of any Lot or the improvements            address. Failure of the AECC to act
located thereon shall be made             upon any request submitted to it
without the prior approval of the         within sixty (60) days from the date it
AECC. No building, or other               is received by the Association’s
structure, fence wall or landscaping      management agent shall be deemed
in lieu thereof, shall be commended,      to have been approved as submitted
erected, maintained, improved,            unless the modification or
altered, made or done on such             improvement is a violation of the
property without the prior written        existing covenants and adopted
approval of the AECC. Once a plan         guidelines of the Association. The
is approved it must be followed or a      failure of the applicant to RECEIVE
modification must be approved by          written notification within the sixty
the AECC. All changes to existing         (60) day period does not in itself
improvement must be approved.             constitute automatic approval. The
                                          applicant should contact the
Each application is reviewed on an        management agent regarding the
individual basis. There are no            status of the request.
“automatic” approvals unless
provided for specifically in these        The submission of a complete
guidelines. For example, even             application is crucial to enable the
though the fence you wish to build is     AECC to provide you with a timely
the same as your neighbor’s, it still     response. The form to be used in
applying for approval is attached as         Generally, the following items should
“Architectural Application”.                 be a part of every application:

      DESIGN COMPATIBILITY. The proposed improvement must be
      compatible with the architectural characteristics of the applicant’s house,
      adjoining houses, and the neighborhood setting. Compatibility is defined
      as similarity in architectural style, quality of workmanship, similar use of
      materials, color and details.

      DRAWINGS AND PHOTOGRAPHS. A graphic description should be
      provided and may be in the form of manufacturer’s literature or
      photographs as well as freehand or mechanical drawings. The amount of
      detail should be consistent with the complexity of the proposal.
      Relationships of major architectural features such as existing and
      proposed roof lines, window sizes and alignment, building heights, roof
      slopes, exterior elevations for the proposed structure, plans or provisions
      for landscaping or grading, etc., should be shown as they affect the
      applicant’s house, and neighboring homes. In any case, the sketch or
      photograph should be accompanied by a written description.

      The AECC evaluates all submissions on the individual merits of each
      application. The characteristics of the house type and the individual site
      are taken into account when evaluating the particular design proposal.

      LOCATION AND IMPACT ON NEIGHBORS. The proposed
      alteration should relate favorably to the landscape, the existing structure
      and the neighborhood. In addition, the proposed alteration should not
      adversely impact surrounding neighbors. The primary concerns are
      access, view, sunlight, ventilation and drainage.

      The architectural control form requires the signature of adjacent Lot
      owners. Signing the form is your acknowledgment of the proposed
      alteration, but does not constitute your endorsement of such alteration.
      You are encouraged to directly contact the management Agent in writing
      with any concerns regarding such proposed alteration. The AECC
      reserves the right to require additional comments from affected Lot owners
      and to solicit input from same.

      SITE PLAN. A site plan is most easily prepared by submitting a copy of
      the house location plat. Proposed changes should be indicated, including
      dimensions and distances from adjacent property and houses. Site plans
      are not required for addition of storm doors or windows, or paint color
      changes.

      MATERIAL AND COLOR. Samples of the materials and colors to be
      used and an indication of the existing colors and materials should be
      provided. Where materials and/or colors are compatible but different from
      those of the existing structures, samples of color chips should be
      submitted fro clarity. Photographs of colors are not acceptable as
      samples.
      Color. Parts of the addition that are similar to the existing house
      such as roofs, siding and trim must be matching in color.

      Materials. Continuity is established by use of the same or
      compatible materials as were used in the original house. The
      options may be limited somewhat by the design and materials of
      the original house. For instance, horizontal siding on the original
      house should be reflected in an addition.

WORKMANSHIP. The quality of work should be equal to or better than
that of the community.

TIMING. Projects are to be completed within six (6) months from the
date of approval.
ARCHITECTURAL GUIDELINES – WHAT REQUIRES
APPROVAL?

Article VII, Section I of the               whether any changes should be
Declaration provides that each Lot          made.
shall consist of one detached single
family home, no higher than two and         Temporary structures, including but
one-half stories, and a garage for not      not limited to sheds, exterior
less than two cars. No additions or         antennas, window air conditioning
exterior changes may be made to             units, exterior clotheslines,
the home without the approval of the        incinerators, and any type of metal
AECC. The guidelines will be                fencing are prohibited under the
reviewed periodically to determine          Architectural Guidelines of the
                                            Association.

The following are regulated and subject to prior written approval by the
AECC unless expressly indicated approval is not required – listed in
alphabetical order:

      ALTERATIONS TO EXISTING STRUCTURES. Major alterations
      are generally considered to be those which substantially alter the existing
      structure either by subtraction and/or addition. Major alterations include,
      but are not limited to changes to existing decks and fences, the
      construction of driveways, garages, porches, greenhouses, chimneys,
      fireplaces, changes in stoops and walkways and other additions to a
      home, as well as removal of an existing fence or deck.

      The design of major alterations should be compatible in scale, materials
      and color with the applicant’s house and adjacent houses. The location of
      major alterations should not impair the views or amount of sunlight and
      natural ventilation adjacent properties. Pitched roofs must match the
      slope of the roof on the applicant’s house, and shingles should match
      existing shingles. New windows and doors should match the type used in
      the applicant’s house and should be located in a manner which will relate
      well to the location of exterior openings in the existing house.

      Changes in grade or other conditions which will affect drainage must be
      indicated on the application. The applicant will be solely responsible for
      any changes in grade and/or drainage. Any proposal which adversely
      affects drainage to adjacent properties will be denied.

      Applications for removal of existing improvements will be considered in
      conjunction with an inspection of what will remain visible to neighboring
      Owners following such removal.

      CHIMNEYS. Chimneys along an outside wall are restricted to the sides
      and rear of the house, and must be of masonry construction or enclosed in
siding to match the house. No exposed pipe shall be permitted through or
along the walls of a house.

DECKS AND PORCHES. Decks and porches shall be constructed of
pressure-treated wood, cedar or redwood. Decks and porches may be
stained or painted to match the trim of the house. Color stains require
prior approval of the AECC. Decks and porches are restricted to the rear
yard, and should not extend past the rear corners of the house into the
side yard. Lattice work must be incorporated as a part of the overall deck
design.

Decks shall maintain a setback from all property lines as required by
County regulation.

EXHAUST DUCTS AND ATTIC VENTILATORS. Attic ventilators
or other mechanical devices requiring roof penetration should be as small
in size as functionally possible and should match the color of the roof, the
chimney duct or be mill finished. Such devices should be located on the
back side of the roof and should not extend above the ridge line. These
items do not require AECC approval.

EXTERIOR DECORATIVE OBJECTS. Plastic exterior decorative
objects are not allowed. All others must relate favorably to the
landscaping, existing structure, and neighborhood. The number of
exterior decorative objects may not exceed three (3). Any object
exceeding thirty (30) inches in height and twenty four (24) inches in width
requires AECC approval. These guidelines, however, do not preclude
homeowners from lacing flower pots on stoops and driveways. Seasonal
and holiday decorations are permitted. Such decorations should be
removed within thirty (30) days after the holiday.

EXTERIOR LIGHTING. All exterior lighting includes landscape lights
and security lights, require AECC approval. Consideration of the effect on
neighboring lots is critical with the proposed placement of new lighting.
Electronic insect traps are prohibited.

EXTERIOR PAINTING. All color changes must be approved by the
AECC. Painting or staining a specific object to match its original color
need not be submitted. Only actual paint chip samples will be acceptable
with the application.

FENCES. Fences must follow the line of the property. No front yard
fencing is permitted and no side yard fencing will be permitted on the
street side of any corner Lot. Side yard fences may not be installed
further forward than the midway point of the house. Hedges or other
vegetation used in lieu of a fence also require AECC approval.
FIREWOOD. Firewood shall be kept neatly stacked and located within
the rear yard. Under no circumstances shall firewood be stored on the
common area. Piles larger than one (1) cord require approval.

FLAG POLES. Temporary flagpole staffs which do not exceed six (6)
feet in length and are attached at an incline to the front wall or column of
the house do not require AECC approval.

LANDSCAPING AND GROUNDS MAINTENANCE. Each Owner is
responsible for ensuring that his or her home’s lawn is mowed and
properly maintained. Care should be exercised in the planting and
maintenance of trees and shrubs to prevent the obstruction of sight lines
for vehicular traffic.

Prior written approval of landscaping is required if the following criteria are
met:
       1. More than 50 percent (50%) of the front or side yard is to be
            mulched planting beds.

       2. There is drainage impact on adjacent property.

Front or side yard foundation landscaping does not require prior approval
if it is located within twelve (12) feet of the base of the home and consists
of trees, shrubs and flowers, but not vegetables.

Landscape edging, in the form of railroad ties, garden timbers or other
materials used to construct a border or retaining wall, does not require
prior written approval if it is less than eighteen (18) inches in height and is
located within twelve (12) feet of the foundation.

Rear yard landscaping is subject to the criteria for front and side yards
unless the yard is enclosed by a six foot privacy fence or the adjacent
property is common area.

MAILBOXES. Mailboxes must be located in accordance with postal
regulations and maintained as originally installed by builder. If
replacement is necessary, mailboxes conforming to the original wooden
bulleter’s style may be installed. Only wooden newspaper boxes without
ornamentation are permitted.

PATIOS. Rear and side yard ground level patios do not require approval
by the AECC if the patio is contained within a yard enclosed by a six (6)
foot high fence. Any patio that is visible at eye level by neighbors must
have AECC approval. No patios are allowed in the front yard.

PERMANENT BARBECUE GRILLS. Permanent barbecue grills
should be placed in the rear of the house and as far as practical from the
adjacent property. Specific locations and designs are subject to prior
written approval by the AECC.
PLAY EQUIPMENT. All such equipment must be located in rear yards.
All equipment requires AECC approval unless it weighs less than 150
pounds and is not fixed to the ground. Basketball hoops may be located
in the front yard and must be approved if permanently fixed to the ground.

SATELLITE DISHES. Satellite dishes may be no larger than 39 inches
in diameter and may not be in the front yard. Reasonable measures to
screen the satellite dish from public view may be required.

STORAGE AREAS. Sheds are not allowed. Enclosed storage areas
may be added to homes under decks. These storage areas must be
designed to respect the “visual rights” and aesthetic interests of neighbors.
Enclosed storage areas must not be visible from the front of the house
and must not interfere with any drainage. Siding and roof shingles should
match the existing structure in color and design.

STORM DOORS AND WINDOWS. Front and side storm doors must
be full size view with clear, uncolored glass, and without ornamentation
such as, but not limited to, bars, scallops, scrolls and imitation gate
hinges. Rear storm doors are not required to meet these criteria if the
yard is enclosed by a six (6) foot high privacy fence and the doors are not
in view at eye level. A site plan is not needed for this type of request.

Storm and screen doors must match the trim of the house or the entry
door behind them. Storm and screen window frames must match the trim
of the house. No plastic covering will be permitted on the outside of doors
or windows.

TRELLISES/ARBORS/PRIVACY SCREENS. These items shall be
installed in conformance with the following criteria:

       1. Screening may not be installed as a free standing wall or as a
          fence.
       2. Lattice work must be installed with framing.
       3. Lattice work may be painted to match the trim of the house, or
          stained.

SWIMMING POOLS AND HOT TUBS. Permanently installed
swimming pools, hot tubs and/or spas require AECC approval. Above
ground pools are prohibited.


SUN CONTROL DEVICES. Awnings, trellises or other exterior sun
control devices shall not be permitted on the front or side of the house.
Such devices on the rear of the house must be approved by the AECC.
GENERAL MAINTENANCE

Property ownership includes the responsibility of the maintenance of all
structures and grounds which are a part of the property. This includes, but is not
limited to, items such as mowing grass, removal of trash, and structural
maintenance. Maintenance affects the visual character and economic values of
the property and neighborhood and, in some cases, safety. Residents are
responsible for maintaining the exterior of their homes and any other structures
on their Lots. Such maintenance includes, but is not limited to:

       1.   periodic painting of house trim and washing of siding
       2.   periodic cleaning and sealing of decks and porches
       3.   maintaining lawns so as to not be greater than 6” in height
       4.   regular weeding of planting beds and trimming of bushes
       5.   proper maintenance of window screens
       6.   proper maintenance of fences, ensuring fences are kept upright
       7.   proper maintenance of window mullions

In the event homeowners do not maintain the exterior of their homes, the
Association may make any necessary repairs and bill the homeowner.

No storage of bicycles, trash or trash cans, barbecue grills, snow shovels, tires,
work tools, boxes, building supplies, etc., in the front or unfenced side yards of
the property is permitted. Please refer to Article VII, Section 17 of the
Declaration for more information concerning the duty to maintain and the
Association’s authority with respect to enforcement.



ENFORCEMENT PROCEDURES

The following procedures will be taken by the AECC to enforce the rules and
regulations as set forth in these guidelines.

       1. All Owners and residents of the Association shall comply with all of the
          provisions of the Articles, By-Laws, Declaration and Rules and
          Regulations of the Association. Failure to comply with the
          aforementioned documents shall be grounds for an action to recover
          damages or for injunctive relief, for suspension of voting rights and the
          use of recreational facilities, for foreclosure of liens or any other legal
          or equitable relief deemed appropriate.

       2. In the event any rule or regulation of the Association is violated, the
          owner shall be notified of the violation by first class mail or by a hand-
          delivered notice, providing ten (10) days to cure the violation or other
          wise respond. The notice shall be delivered to the address shown on
          the management agent’s books. If the owner is a nonresident, a copy
          of the violation notice may also be sent to the tenant at the Lot
          address.
3. If the Owner fails to cure or respond within the allotted ten (10) day
   period, a second and final notice to cure will be sent by certified mail,
   return receipt requested, providing ten (10) days to cure or respond.

4. If the Owner fails to cure or respond within this second ten day period,
   the Owner will be sent a Notice of Hearing by certified mail return
   receipt requested.

5. At such hearing, held not less than fourteen (14) days following the
   Notice, the Board of Directors shall determine the extent of the
   violation and will determine the penalties to be imposed in accordance
   with the applicable law.

6. In any instance where the violation presents a health or safety hazard
   which involves damages to life or property, the Association may take
   immediate action through its authorized agents to correct the violation.
   Such action shall be at the Owners expense. Notification to the owner
   of the action taken and the costs incurred will be hand-delivered or by
   first class mail.

7. The Association, through its authorized officers, employees and
   agents, shall have the right to enter upon any Lot at all reasonable
   times for the purpose of ascertaining whether such Lot or the
   construction, erection, placement remodeling or alteration of any
   structure thereon is in compliance with the provisions of the guidelines.

8. An aggrieved party shall have the right to appeal any violation citation
   or AECC approval or denial. The request for appeal must be
   submitted in writing and received by the management agent within
   twenty (20) days of receipt of the violation notice. An appeal may be
   made if it appears that the following situations occurred:

       a. Proper procedures were not followed during the administration
          and review process.
       b. The AECC’s decision was arbitrary and had no rational basis.
       c. The AECC’s decision was contrary to the provision of the
          Declaration, By-Laws, Association rules and regulations, or
          state or local laws.

9. Following the appeal, any aggrieved party will be advised in writing of
   the AECC or Board’s decision, what measures are required for
   compliance, and consequences for failure to comply, as applicable.

				
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