[Transcribed by WBE. Spelling, capitalization and punctuation of the original document have been preserved.]
Pursuant to the authority granted in Articles VII and/or IX of the Declaration, the following rules, regulations, and restrictions shall apply to West Ridge Subdivision effective as of October 16, 2014 until such time as they are amended, modified, repealed, or limited by either the Board of Directors for West Ridge Owners Association, Inc. (The "Board").
The interpretation and enforcement of these Rules and Regulations are determined by the Board in its sole and exclusive discretion. Any violation of these Rules and Regulations shall subject the homeowner and his property to fines, penalties or other enforcement actions as determined by the Board.
COMMON AREA: Homeowners are not allowed to alter any common area easement or right of way located in the Community by landscaping or building any structure. Other prohibited activities include: the accumulation of debris of any kind, the establishment of a garden, and/or otherwise adding, removing or modifying any trees, shrubs or other plantings located in the areas referred to above. Provided, however, this section shall not restrict the requirement for upkeep of Common Areas bordering a water feature as stated herein below.
FIREWOOD: Firewood shall be kept neatly stacked only on the rear ground level of the homeowner's Lot. Firewood should be stacked in piles which do not exceed 6 feet in length and 4 foot in height and 2 foot in depth for both aesthetic and safety considerations and shall not be stacked-against the vinyl fence or the garage or the home. Other than a limited quantity of firewood intended for immediate use, firewood shall not be stacked on patios or decks.
GARAGE SALES: Residents may not participate in Individual sales, Only Community wide garage (yard) sales. Garage sale signs must be removed immediately after close of sale. Garage sales cannot be for more than 2 consecutive days. The Activities Committee will hold at least 2 community garage sales per year. All residents are welcome to be a part of it for a small advertising fee charged by the Activities Committee.
GARBAGE AND TRASH: No trash, rubbish, debris, junk, stored materials, wrecked or inoperative vehicles or similar unsightly items shall be allowed to remain on any Lot visible outside an approved enclosed structure. All trash should be placed in an appropriate container and placed at the curb on the pick up day. Containers must be kept out of view at all times, except when placed at curbside. Containers shall be placed curbside no earlier than the evening prior to regularly scheduled trash pick-up. Containers must be retrieved and placed out of view by midnight of the same day as regularly scheduled pickup. Coverage Standards set forth by the Board:
a) Placed in an enclosed garage.
b) Or outside screened with Board or ARC approved Screening.
HOLIDAY DECORATION/LIGHTS: Holiday Decorations/Lights do not require application to the Board or Architectural Review Committee prior to display; however no Holiday Decorations/Lights shall be displayed longer than 6 weeks nor shall any Holiday Decorations/Lights cause a disturbance in the Community.
HOT TUBS/JACUZZIS: Approved Hot Tubs or Jacuzzis shall be covered at all times when not in use and shall be properly maintained by the homeowner at all times. No installation shall take place without prior Board or ARC approval.
LAKE AND POND LANDSCAPING MAINTENANCE: All lake and pond landscaping maintenance will be taken care of by the West Ridge Community Landscaper. This area comprises a point vertical from waters edge to a vertical point twelve feet on the bank edge.
LAKES AND PONDS: Swimming, boating, use of personal floatation devises, or other active use of lakes, ponds, streams or other bodies of water within West Ridge is prohibited. Fishing from shore is not permitted. The Association shall not be responsible for loss, damage or injury to any person or property arising out of unauthorized use of bodies of water within or adjacent to West Ridge.
MAINTENANCE OF PROPERTY: The appearance of each and every home in West Ridge affects not only the overall look of the Community but the individual property values within it. Property ownership in West Ridge includes the responsibility for continued maintenance of all homes, approved structures and grounds, which are part of each homeowner's lot. This includes, but is not limited to:
a) Keeping the lot free and clear of all litter, trash, refuse, wastes, and construction components.
b) Mowing lawns on a regular basis;
c) Pruning trees and shrubs;
d) Keeping exterior lighting and mechanical facilities in working order;
e) Keeping lawn and garden areas alive;
f) Removing and replacing any dead plant material;
g) Keeping all land well maintained and free of trash weeds;
h) Keeping parking areas and driveways clean, oil drip free and in good repair;
i) Complying with all governmental requirements;
j) Repairing exterior damage to all homes, fences and appendant structures (enclosures)
NUISANCES: No activity deemed noxious or offensive by the Board shall be carried on upon any lot or within the Common Areas which may become an annoyance or nuisance to the Community. Such activities shall include, but shall not be limited to the following:
a) Burning; of trash, leaves, debris, or other materials.
b) Dumping; grass clippings, leaves, or other debris, petroleum products, Fertilizers, or other potentially hazardous toxic substances in any storm water drainage ditch, stream, pond, or lake, or elsewhere within the Community, except that fertilizers may be applied to landscaping lots provided care is taken to minimize runoff.
c) Excessive noise; Barking dogs or the use or discharge of any radio, loudspeaker, horn, whistle, bell, or other sound device so as to be audible to occupants of other homes (except alarm devices used exclusively for security purposes). Discharge of firearms, firecrackers, fireworks or other explosive devices.
d) Firearms/fireworks: Discharge of Firearms, firecrackers, fireworks or other explosive devices are not permitted without Board approval.
e) Illegal Activities: Any activity which violates local, state, or federal laws or regulations.
f) Unsanitary Activities: Any activities which tend to cause an unclean, unhealthy, or untidy condition to exist outside of a home, including, without limitation, accumulation of rubbish, trash, or garbage except between regular garbage pick-ups, and then only in approved containers.
g) Wildlife: Capturing, trapping, or killing of wildlife within the Community, except in circumstances posing an imminent threat to the safety of persons using the Community.
PARKING: All vehicles must be parked in driveways or garages. No parking is permitted overnight on any Community streets. Any vehicle parked within the roads or streets of the Community between the hours of 12:00 am and 6:00 am (resident or nonresident, sticker or no sticker) shall be subject to being removed by a towing service contracted by the HOA without further notice. Parking at the Pool Parking Lot is permitted with a West Ridge Parking Sticker between the hours of 12:00 am and 6:00 am. Any Vehicle parked without a sticker will be towed at the owner's expense.
PETS: No more than 2 household pets may be maintained by any homeowner (this limitation does not include fish, hamsters, etc.); and pets may not be kept for commercial purposes. A pet owner is responsible for removing any and all solid waste deposited by his/her pet upon any, private lot or any common area lot community wide.
SOLICITATION: No door-to-door solicitation is permitted including placing literature in the newspaper section of mailboxes, with the exception of the Board for distribution of Association information and newsletters.
TRAFFIC REGULATION: All traffic control signs, including but not limited to speed limits stop signs, directional signs and no parking sign will be enforced. All operators of golf carts must have a valid driver's license, obey all street signs and speed limits posted within the Community and operate the golf cart in a responsible manner.
VEHICLES, COMMERCIAL: Commercial Vehicles can be stored or parked in the driveway or garage of any lot within the Community. Commercial tractors of any kind or size are not permitted.
Nothing contained herein shall prevent emergency vehicles, construction vehicles, moving vehicles, repair vehicle, landscaping vehicles or delivery vehicles from temporarily parking in the Community during daylight hours as may be necessary to work or provide a service in the Community.
VEHICLES, INOPERABLE: Inoperable vehicles may only be parked inside an enclosed garage. An inoperable vehicle is defined as any vehicle unable to be driven legally on a public roadway, including uninsured vehicles or vehicles not properly licensed. No automobile, motorcycle or other similar cehicles shall be repaired or placed on blocks or stands, except in an enclosed garage.
VEHICLES, RECREATIONAL: No Recreational Vehicle shall be stored or parked outside upon any lot or portion of the Community. A Recreation Vehicle may be stored or parked in an enclosed garage only. In the event a homeowner needs to temporarily park a Recreational Vehicle on the homeowner's lot for cleaning or preparing to use the Recreational Vehicle, the homeowner MUST apply to the Board for temporary parking pass to last no more than 24 hours for any given occasion. For puposes of the Rules and Regulation, Recreational Vehicles shall include, but not limited to: boats, watercraft, trailer, campers, RV's, mobile homes, ATV's, motorcycles, motorized go-carts, mopeds or golf carts.
VIOLATIONS: The singular reasoning for the following violation outline is to maintain the environmentally of the West Ridge development. Each home is prized and an integral asset of your neighbors home and the character of the West Ridge neighborhood. To that end and to insure property value preservation. The following schedule is to inform homeowners the methods employed by the board to maintain development quality.
[Transcribed by WBE from the May, 2019 newsletter. Grammatical errors, capitalization and punctuation have been preserved.]
WHEREAS, the board of Directors of West Ridge Property Owners Association, Inc. is empowered to exercise for the Association, all powers, duties and authority vested in or delegated to the Association by the Declaration pusurant to Article VII of the Bylaws.
WHEREAS, there is a need to adopt a modification violation correction process and fine structure related to the site modification and approval process.
WHEREAS, it is the intent of this policy to be applicable to all property owners of the Association that are in violation of the site modification covenants. Its purpose is to bring all homeowners into compliance with the site modification guidelines and covenants of the Association, using all avenues available to the Board of Directors including legal means.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors of West Ridge will implement the site modification and architectural standards violation correction policy and fine structure below immediately upon notice to the property owners.
| STEP 1 | Initial Notice: Management will send out a "Friendly Reminder" written warning letter to homeowners in violation of the guidelines or covenants notifying them of a regulation breach, asking that the violation be corrected within seven (7) days from the date of the letter. |
| STEP 2 | 1st Violation Letter: If the architectural standards violation is not corrected within that time frame a violation letter will be mailed to the homeowner notifying them of the violation, asking that the violation be corrected within seven (7) days from the date of the letter or an initial irrevocable fine of fifty ($50.00) dollars will be placed on the account. |
| STEP 3 | 2nd Violation Letter With Fine Levied: After seven (7) days without remedy or contact from the homeowner to the management company in writing, a violation letter with notice of a fifty ($50.00) dollar fine irrevocable fine placed on the account will be mailed. |
| STEP 4 | 3rd Violation Letter Fines Levied Every Seven (7) Days: Upon subsequent lack of response the fifty dollar ($50.00) fine will the added to the account every seven (7) days. |
| STEP 5 | Claim of Lien: If payments of the imposed fines go unpaid and fines reach $600.00, the account will be forwarded to the association's attorney for the filing of a claim of lien against the property. The association shall be entitled to recover all costs of collection, including reasonable attorney's fees and court fees. |
Fines will continue to accrue until property owners contact management to notify them the violation has been corrected. In the absence of the violation correction or an appeal by the owner the previous fines stated will apply and continue.
In regard to violations of West Ridge CCR, Article IX (Use Restrictions) Section 8 (Animals), the announcement said "NUISANCE FINES CARRIES A $100.00 PENALTY!"
However, CCR Section 13 (Fines and Penalties) says in regard to the fine for violations "... not exceeding $50.00 per day ...", so the $100.00 penalty should only apply to repeat violations.
Presently (2019), the decision to levy a fine for a violation is made by the Board itself, not by our property management company. The Board reserves the authority to reduce a fine if there are extenuating circumstances.