Rules and Regulations

Rule 1. Owner Occupied. No property shall be used except for residential purposes, and further that all units shall be owner occupied. No owner may cause or permit a unit to be rented or leased to third parties. This restriction shall not prohibit the use of the property to guests of the owner who reside during reasonable visitation periods (considered to be less than 30 days), nor shall it prohibit the owner from transferring ownership of the property subject to retaining a life estate. Notwithstanding the provisions of this Rule, any owner who uses a property as a rental property prior to September 18, 2006 may continue to do so until such time as the ownership of such unit changes in any way.
Rule 2. Architectural Control Committee Authority. For the purposes of deciding matters before the Architectural Control Committee, a quorum is considered to be 60%. The Committe‘s decisions on matters before it are final unless it chooses to refer a matter to the Board of Directors. In such cases, the Board of Directors decision is final. All other provisions of The Covenants, Conditions and Restrictions, Article IX, Section 1 shall remain in full force and effect.
Rule 3. Architectural Control Committee, Plantings. All new trees, shrubs and gardens which are not within an established garden or rocky area around a home require the prior approval of the Architectural Control Committee. Requests need to be submitted to a member of the committee in writing at least two weeks prior to planting of trees, shrubs or gardens. The request must include the type and location of the tree or shrub to be planted; if the request relates to a garden, it must describe the location and size of the garden planned. Replacements of existing shrubs do not require prior approval. Replacement of trees does require prior approval. No flower pots, planters, bird baths, structures, sculptures, statues, lawn ornaments of other items shall be placed in the grassy portion of the lawn. Support structures, concrete bases, tripods or any types of braces are also not permitted. These items are permitted in the established rocky areas or gardens, porches, patios or driveways. Dead shrubs and trees should be removed and/or replaced. Volunteer growth of plants, trees or shrubs not part of a landscaping plan is considered new planting for the purposes of approval required by this rule. This includes volunteer growth which began prior to enactment of this rule. The approval process described in Rule 2 shall be observed. All other provisions of The Declaration of Covenants, Conditions and Restrictions, Article IX, Section 1 shall remain in full force and effect.
Rule 4. Term of Office. The Board of Directors shall consist of five members. Each member's term shall be three years, and his or her terms shall expire such that no more than two Director's terms shall expire each year. Should a Director not be able to complete his or her term, a duly elected replacement Director shall complete the term. The Officers of the Organization shall be elected from among the Board of Directors by the Board of Directors. The Officers shall be President, Vice President, Secretary, Treasurer and Board Member at Large. Any Director may be removed from office without cause by vote of 66% of the membership at a validly convened meeting of the membership.
Rule 5. Annual Meeting Date. The annual meeting of the members shall be held in July in every year.
Rule 6. Method of Notifying Members of the Annual Meeting. Notice of all meetings of the members stating the time and place and objectives for which the meeting is called may be in writing or by email.
Rule 7. Elections. Election to the Board of Directors may be by a show of hands, voice vote or a secret written ballot. Any member may request a secret ballot and it shall be honored.
Rule 8. Timing of the presentation of the budget. The Board of Directors shall before or during the annual meeting present to the membership a proposed budget for the fiscal year beginning the following January 1, showing anticipated income and operating expenses, including reasonable reserves.
Rule 9. Fences. Fences are prohibited within the boundaries of the Association, excluding the fence along the southern boundary. Future additions to the existing fence which would extend along the western boundary of the association (west of and behind 678 Jenisa Drive) will be considered upon request.
Rule 10. Sprinkler System. Each unit must have an approved sprinkler system compatible with, connected to, and operated with the association's sprinkler system. The association shall be responsible for maintaining the irrigation system as originally installed at the time the residence was constructed. The association will maintain and service the lines, heads, and controllers as originally installed. If a homeowner wishes to alter the location of the lines or heads, due to changes in the landscaping, gardens, rock areas, walkways, or addition or removal of trees or shrubs or their root systems, or other changes to the landscaping, the cost thereof will be borne by the homeowners. All such alterations shall be approved by the Architectural Control Committee, and if so approved, the homeowenr is required to engage the irrigation contractor currently serving the association and shall bear the cost thereof.

Rule 11. Broadcasting Receptors. Television or radio antennae or satellite dishes may be erected or placed upon the exterior of a lot only with the prior consideration and approval of the Architectural Control Committee. If the Committee chooses to refer a matter to the Board of Directors, its decision is final.
Rule 12. Penalties. By virtue of the powers granted in the By-Laws, Article V, Section 2: If a member takes actions which have been disapproved by the Architectural Control Committee and/or the Board of Directors, or if a member violates any of the association's By-Laws, Declaration of Covenants, Conditions and Restrictions, or Rules, the Board may impose on said member an additional monthly fee up to the higher of $250 or the actual increased cost incurred by the association. The additional maintenance fee will continue until the Board acts to alter or suspend it.
Rule 13. Conflict. In the case of any conflict between the By-Laws or the Declaration of Covenants, Conditions and Restrictions, and any Rule, the Rule shall govern.
Rule 14. Owners are to inform any Board Member of their intent to sell their unit at the time it is offered for sale.
Rule 15. New Owners shall, within 30 days of their purchase of a unit, furnish the Secretary with the following information: Names of all owners; Address; Phone numbers; email addresses; Nature of owner's interest in the property (for example, Fee Owner, Contract for Deed Buyer; etc.); If there is more than one owner, the name of the owner who will cast votes when more than one attends a membership meeting.
Rule 16. Time Shares. Time Share form of ownership is prohibited.
Rule 17. Minor Changes to Declarations, By-Laws, and Articles of Incorporation. The Board reserves the right to make minor changes to the Governing Documents in order to comply with the requirements of recording officials or government officials and to clarify issues, and to correct typographical, spelling or grammatical errors. Changing the word "Townhouse" to "Unit" to more accurately describe the type of property in the association is an example of this.
Rule 18. Damage to personal property: The Association shall not be liable for any damage or loss, to or of, any personal property belonging to any homeowner, such as, but not limited to, seasonal decorations, lawn ornaments, or plantings, including any damages caused by any Association contractors.
Rule 19. Other authorized signors on checks. In the absence of the Treasurer, the board may designate a responsible person to be an authorized signor on the association’s checking account and to make payments in accordance with the association’s By-Laws and Rules. The Treasurer will arrange for that person to be covered by the association’s bond.

Rule 20. Emails from Directors. Emails from Directors regarding actions taken without a meeting are considered valid, and are deemed to satisfy By-Law requirements that stipulate such a record must be “ ... authorized in writing and signed by a majority of the directors.”