Upload
others
View
3
Download
0
Embed Size (px)
Citation preview
1
Welcome! Regardless if you are a new or an existing homeowner in Crown Estates Homeowners
Association, the information contained herein is designed to facilitate understanding of our
Bylaws and CC&Rs (Covenants, Conditions and Restrictions). The following is basically a simplified
version of those documents, designed for ready reference. For complete information contained
in the HOA’s legal documents, you can log onto our website at www.crownestateshoa.org or
contact our current President, Sam Bateman at 360-314-4030 or by personal email at
TABLE OF CONTENTS
1. General Information . . . . . pages 1-2
2. Homeowners Association Responsibilities . . . . . page 2
3. Environmental Issues . . . . . pages 2-3
4. Homeowner Responsibilities . . . . . page 3
5. Rubbish Removal . . . . . pages 3-4
6. Vehicles & Parking . . . . . page 4
7. Pets . . . . . page 5
8. Insurance . . . . . page 5
9. Sale of Home . . . . . page 5
10. Rental of Your Home . . . . . pages 5-6
11. Architectural Guidelines for Any Exterior Modifications . . . . . page 6
12. Annual Assessments, Fines, Lien Procedures and Collection Costs . . . . . page 7
13. Complaint Procedures . . . . . page 7
14. Rule Violations, Fines, Enforcement Procedures and Assessments . . . . . pages 7-10
15. Good Neighbor Policy . . . . . page 10
1. GENERAL INFORMATION
1. The Crown Estates Homeowners Association is located in the Fircrest Neighborhood in
Vancouver, WA, and is comprised of 28 units in two Phases. Phase I address locations are on NE
14th Circle, and Phase II address locations are on NE 12th Way and NE 13th Way which are private
streets and are structurally maintained by the Association.
2. As a private homeowners association, we are governed by our own Bylaws and CC&Rs. The
Bylaws govern the administration of the HOA. The CC&Rs are the rules and regulations that
homeowners must follow to care for their property and to assist in maintaining the quality of the
community.
3. We elect our own Board of Directors from our homeowner membership and the Board is
empowered to handle the day-to-day operations of the Association on behalf of our 28
homeowners as outlined in the Crown Estates HOA Bylaws and CC&Rs.
4. Annual Meetings are held in January. Quarterly Board meetings are held throughout the year.
Time, dates, and locations can be found on our website at www.crownestateshoa.org .
2
5. The Association does not have the responsibility of law enforcement within the Association.
The responsibility for dealing with any suspicious or criminal activity remains exclusively with the
Vancouver Police Department.
2. HOMEOWNER ASSOCIATION RESPONSIBILITIES
The Association’s goals are to protect and preserve the values of our community including the following:
1. Interpretation & enforcement of Bylaws and CC&Rs, and financial responsibilities of our HOA.
2. Liability insurance for the Association and Board of Directors.
3. Structural maintenance of sidewalks, private streets, and signage in Phase II.
4. Care and maintenance of perimeter trees and fencing in Phase II.
3. ENVIRONMENTAL ISSUES
1. The “Common Areas” consist of everything but the individually owned homes and their
property. Maintenance of these common areas is shared between the HOA and homeowners.
2. Littering, burning of wood, leaves, trash, grass, or any rubbish is prohibited.
3. Only propane or natural gas fire pits are allowed.
4. All damages to any common areas caused by an owner, occupant, pet or guest must be repaired
or replaced at the expense of the homeowner, who may then seek reimbursement from the
tenant or guest at their discretion.
5. Loud noises created by homeowners or guests, other than the use of equipment for home,
lawn, street or sidewalk maintenance, which distracts or disturbs others is prohibited. Residents
should refrain from any activity which creates a nuisance. Quiet time should be from 10pm-8am.
If someone is creating a nuisance, contact the Police and inform the President of our Association.
6. Each homeowner can report, by phone or in writing and mail, to the Association at 12614 NE
13th Way, Vancouver, WA 98684, the need for any repairs of common areas within the
Association’s property, which are the obligation of the Association to maintain.
7. Homeowners and tenants must not give work instructions to any Association-hired service
contractor or repair person unless designated by the Board to do so.
8. Signs or other advertising of any nature are prohibited upon any portion of the homeowner’s
property or any common area within the HOA except:
One professionally printed “FOR SALE” yard sign (maximum of six (6) square feet in size)
is permitted. (Homemade signs are prohibited). “FOR RENT” signs are not allowed.
The temporary placement of professionally printed political signs no greater than four (4)
square feet, which must be removed immediately after elections.
9. Oil or fluid leaks or spills on roadways, parking areas, or driveways should be cleaned
IMMEDIATELY by the resident so these do not wash into the streets and eventually into the
street’s water catch basins. Efforts should be made immediately to correct the mechanical
3
problem of any vehicle leaking oil or other surface staining fluids. Such repairs should be made
within the unit’s garage or off the property.
10. Homeowners and any tenants must not pour or allow to spill, any oil, solvent or other volatile
or flammable material into the storm sewers or common areas.
4. HOME OWNER RESPONSIBILITIES
Everything within the walls of an individually owned home are built and installed for the exclusive use of
the owner and is ‘home sweet home’. It is the owner/resident’s responsibility to maintain.
1. Homes shall be occupied and used for single-family purpose only as private dwellings for
owners, their families, tenants and guests, or as otherwise may be allowed by Washington State.
2. Exterior modifications in paint and/or construction to the home, garage, or fencing are
prohibited without obtaining prior, written approval from the Architectural Control Committee
(hereafter “ACC”).
3. The exterior of the home shall be maintained in a clean and painted condition. Any changes in
color or design schemes of homes must be approved by the ACC.
4. Lawn and shrubbery, especially in the front of home, must be watered often enough during the
spring and summer seasons to prevent browning and dying of the grass and shrubs, along with
disease and insect control.
5. Exterior lighting must be directed in such a manner as to not create an annoyance to other
residents.
6. No flag, except one American Flag, may be displayed on any one Lot, unless otherwise approved
by the ACC.
7. Holiday and seasonal-type yard statuary may be displayed on individual property; other
statuary must be approved by the ACC.
8. In consideration of one’s neighbors, patios and decks should not be used as mass storage areas,
except for normal patio and deck items such as outdoor furniture, planters and grills.
5. RUBBISH REMOVAL
Rubbish and garbage removal service and recycling is available at homeowner’s expense through “Waste
Management” which handles trash pickup for our area (and city). In all cases, follow the rules and
requirements provided by Waste Management.
1. Rubbish, garbage, and recycling items must be stored in solid trash containers as provided by
Waste Management.
2. Rubbish and/or trash containers may be placed on the curb for pick up on the evening before
collection.
3. Large items of rubbish that do not fit in the containers must not be placed outside for pickup
until the scheduled pick up date. Questions concerning the service or billing for removal of large
items such as furniture or appliances should be directed to Waste Management.
4
4. All trash containers must be returned to their proper storage area out of public view (either
behind fence or in garage) within 24 hours of pickup.
6. VEHICLES AND PARKING
1. No vehicle, other than emergency vehicles, are allowed to park on any street within our
Association, as all streets are marked “No Parking-Fire Lane” per our CC&Rs, Article V, Section
5.10 and Vancouver Municipal Code, Title 16, Section 503. Homeowner and guest vehicles are
not allowed to park on the street at any time.
We have been informed by the City’s Fire Marshall office they will not ticket delivery vehicles,
household moving vehicles, or clearly marked service/repair vehicles that are attended and can
be moved in a moment’s notice, and if there only for a very short period of time. Therefore, the
HOA will follow their guidelines without sanctions/fines for those vehicles.
Lawn maintenance vehicles are not allowed to park in the street according to the City’s Fire
Marshall Office. We realize the possible impact this could cause homeowners in obtaining needed
lawn service and therefore, the HOA will not enforce the prohibition against such vehicles parking
in the street when working on a homeowner’s yard or property. Every homeowner must accept
that responsibility, in the event the city does in fact ticket such a vehicle. The HOA will not be
held liable for any tickets or charges in such cases.
2. No vehicle of any type is allowed to park in any driveway if any part of that vehicle extends
onto or over the sidewalk. This is to meet City Code, Chapter 11.30, Section 11.30.030 and also
our CC&Rs, Article V, Section 5.10.
3. This includes the following vehicles which are prohibited from parking on any Lot or driveway:
Trucks. This would include any vehicle that is licensed as a truck, van, SUV, or pickup that
extends onto or over the sidewalk as described in item #2 above.
Boats, mobile and/or motorized homes. Except for the purpose of loading or unloading
or in preparation for a trip, a recreational vehicle may not be parked on the unit’s
driveway space.
Utility trailers may be temporarily allowed in driveways when loading and/or unloading.
4. Residents should use their garage as the primary parking space. If the resident has more than
two vehicles, the extra vehicles must be parked in the driveway space, in front of the garage door
and not on the street. Do not block sidewalks or mail box pedestals.
5. When entertaining guests for a specific function, the homeowner or tenant should advise
guests to not park on NE 12th Way, NE 13th Way or NE 14th Circle. Parking is allowed on NE 125th
Avenue for Phase I and on NE 127th Avenue for Phase II.
6. Vehicle repairs including oil changes are prohibited on roadways.
7. All vehicles with exhaust systems emitting noise levels over the legal decibel ratings, per
applicable Vancouver City and/or Washington State law, are prohibited.
5
7. PETS
1. Animals such as rabbits, livestock, fowl or reptiles of any kind shall not be raised, bred or kept
outside on any property. Dogs and cats are permitted outside of the house subject to the CC&Rs
as adopted by the Association, provided they are not kept, bred or maintained for any commercial
purpose and do not create a noise problem.
2. All pets are to be leashed when outside of a home unless inside a fenced and locked area.
3. Pet owners shall be held liable for all damages caused by their pets to any homeowners, or
common property, including, but not limited to shrubs, bushes, trees and grass.
4. Pet owners are responsible for immediately picking up after their pets on other property.
5. Any pet causing or creating a nuisance or unreasonable disturbance can be brought to the
attention of the Board for violation of Article V, Section 5.07 and 5.11 of our CC&Rs as well as to
the Vancouver Municipal Code Enforcement Agency.
8. INSURANCE
A master policy for insurance coverage is purchased by the Association to protect against specific liabilities
by and for the protection of the Association and its officers. It does not protect individual homeowners
from any perils, including medical issues and/or injuries even when doing volunteer work on projects or
maintenance within or for the Association.
1. Each homeowner/resident should obtain insurance at their own expense affording coverage
upon their home, personal property and for their personal liability. We recommend having your
personal insurance agent review our Bylaws and CC&Rs. If your insurance agent has questions
about the Association’s master policy, contact the Association’s insurance agency: Sharon Dwinell
Insurance Agency at 509-248-5606.
2. Only the Board of Directors may file loss claims against the master policy.
9. SALE OF A HOME
1. All homeowners must notify the Association in writing of any changes in ownership within thirty
(30) days of such change, providing the following: name, address and phone number of purchaser.
2. The seller is responsible for providing the following information to the buyer, all of which can
be found on our Association’s website at www.crownestateshoa.org :
Copy of CC&Rs and Bylaws
“Frequently Asked Questions About Homeowners Associations”
Copy of Budget
Minutes of last two year’s Annual meetings and last six month’s Board meetings
3. In addition, a copy of this handbook should be provided to the buyer by the homeowner.
10. RENTAL OF A HOME
1. No “For Rent” signs are permitted.
6
2. Renting or leasing a home for transient or hotel purposes (such as B&B), as defined as periods
of less than thirty days (30), or hotel, laundry and similar services, or roomers/borders, are
prohibited.
3. The homeowner must provide the Association with the full name of tenant, phone number and
email address of tenant before the tenant takes up residence.
4. The homeowner is responsible for making the tenant aware of the Bylaws and CC&Rs of the
Association.
5. The homeowner is responsible for tenant violations and assessments of the Bylaws or CC&Rs.
6. The lease/rental document must contain a clause making it subject to the covenants and
restrictions in the Association Bylaws and CC&Rs.
11. ARCHITECTURAL GUIDELINES FOR ANY EXTERIOR MODIFICATIONS
It is not necessary to check with the Architectural Control Committee for any interior work or when
repainting the exterior with the same colors, replacing roofing materials, windows, doors, gutters, or
fencing with the same quality, design, and/or color. However, in order to create exterior uniformity,
preserve the integrity, and establish common guidelines and standards for improvement projects with the
Association, the following rules have been enacted and apply to ALL requests for exterior modifications:
1. Any proposed exterior changes to any building on any Lot must first be submitted to the
Architectural Control Committee and must include the construction plans and specifications, plot
plan, and location of said change on the particular lot.
2. Plans must be submitted fifteen (15) days prior to the proposed construction start date.
3. The Architectural Control Committee shall respond to the request within fifteen (15) days of
receipt of homeowner’s request to either grant or deny the request.
4. Written approval must be obtained from the ACC prior to commencement of any project.
Failure to receive prior ACC approval may also result in a rule violation assessment to the
homeowner whether or not the request receives ACC approval.
5. Following written approval from the ACC, it will be the homeowner’s responsibility to secure
necessary building permits, to obtain approval from the City of Vancouver, and to insure
conformity to jurisdictional codes as well as the Association. A copy of the building permits must
be submitted to the ACC before the initiation of construction.
6. Once material for the exterior modification is placed on the homeowner’s property, the work
must begin and continue through completion within a reasonable period and in a reasonable
manner that will not detract from property appearance, or inconvenience neighbors and/or
service contractors or repair persons.
7. In the event damage occurs as a result of any modification, addition or change to the exterior
of the building or to any common area of the Association’s property, repairs must be made
immediately at the homeowner’s expense and to the satisfaction of the Board.
7
12. ANNUAL ASSESSMENTS, LIEN PROCEDURES AND COST OF COLLECTION
1. Collection Policy for Assessments:
Annual assessments are due January 1st and are considered delinquent as of March 31.
A late charge of 12 percent per annum shall be incurred for any late payment of the
annual assessment, along with any attorney fees and/or collection fees.
2. Any past due assessments and accrued interest may cause a lien and foreclosure to be filed
against the Homeowner.
3. Any cost, including attorney fees, recording costs, title reports and/or court costs incurred by
the Association in the collection will be assessed to the delinquent owner.
4. If any owner fails to perform any act that he/she is requested to perform by the Bylaws or the
CC&Rs, the Association may, but shall not be obligated to, correct such violation and shall charge
and collect from said homeowner the entire cost and expense, including reasonable attorney fees,
of such costs incurred by the Association. Any such amount shall be due and payable immediately
and the Association may obtain a lien for said amount in the same manner and to the same extent
as if it were a lien for annual assessments. For a list of fines and amounts, see item #14 below.
13. COMPLAINT PROCEDURE
1. Complaints against anyone violating the rules should be made to the President of the
Association in writing and must contain the signature of the individual filing the complaint. The
form for this may be downloaded at our website, www.crownestateshoa.org
2. The President or a Board Member will, in most instances, contact the alleged violator after
receipt of each complaint, and a reasonable effort will be made to gain the violator’s agreement
to cease the violation.
3. If reasonable efforts to gain compliance are unsuccessful, the homeowner will be subject to a
sanction and possible fines in accordance with the penalty provisions contained hereunder.
14. RULE VIOLATIONS. FINES, ENFORCEMENT PROCEDURES and ASSESSMENTS
The Board of Directors (Board) of Crown Estates has established and adopted the following Covenant
Enforcement Policies, Procedures and Fine Schedules that are designed to handle complaints regarding
violations of, and to otherwise encourage compliance with, the Crown Estates HOA Bylaws and CC&Rs.
The homeowner shall be responsible for any violation of the Bylaws or CC&Rs by the homeowner, guests,
or the occupants, including any tenants.
A rule violation, that by the determination of the Board affects the rights of others or their property, may
result in immediate legal action.
OWNERS ARE ENCOURAGED TO FIRST SOLVE PROBLEMS AMONG THEMSELVES WHENEVER POSSIBLE.
Complaints regarding violations or alleged violations of the Crown Estates Bylaws and CC&Rs may be
registered by a Crown Estates homeowner by delivery to the Board of a completed and signed Covenant
Complaint Form. A blank form is included in this Handbook and also posted on the web site at
www.crownestateshoa.org . (Legal considerations require this very formal procedure.)
8
At the discretion of the Board, minor violations may require nothing more than a courtesy phone call as a
reminder and asking for compliance without a fine imposed if immediately corrected. However, if this
does not correct the violation immediately and more formal notification is needed, then for the purposes
described herein, any and all letters to Owners shall be sent by certified mail, return receipt requested,
or be delivered in person by two members of the Board. Following delivery of such letters, these Board
members shall prepare a Statement of Record. This Statement shall include:
1) a copy of the letter(s) delivered, the delivery address and date and time of delivery
2) the name of the Board members and the name of the person that accepted the delivery
3) both Board members shall sign/date the Statement and this shall be kept by the HOA.
First Letter. Following receipt of a completed and signed Covenant Complaint Form, a member of the
Board shall then investigate within 1-5 days of the alleged violation. If the violation is found to exist, a
letter (the "First Letter") will be sent or delivered to the Owner outlining the violation and requesting
compliance with the Bylaws and CC&Rs within 10 days of receipt of the letter. After a follow-up review,
if the violation is corrected in response to the “First Letter” within 10 days of receipt, then no further
action shall be taken and, more specifically, no fine shall be levied against the Owner.
Second Letter. If the violation continues as determined by a follow-up review and is substantiated by the
Board, a second letter (the "Second Letter") will be sent or delivered to the Owner:
• outlining the violation,
• requesting immediate compliance with the Bylaws and CC&Rs, and
• advising that a Hearing shall occur before a quorum of the Board.
Hearing/Fines. The “Second Letter” must be received by the Owner at least 7-10 days and no more than
30 days before the Hearing. The Owner is entitled to an attorney at the Hearing at their own expense. At
the Hearing, if the Board finds the violation to exist or to have existed without compliance by the Owner
in response to either the “First Letter” or “Second Letter,” the Board may levy a fine in accordance with
the then applicable Fine Schedule. Following the Hearing, a written report of the proceedings and the
action taken by the Board including the levy of any necessary fine, shall be reported to the Owner in
writing.
A fine may be levied from the date the “First Letter” was received. Any unpaid fine and accrued interest
shall become a lien in favor of the Association and against title to the property of the Owner in question,
arising in the same manner as liens under the Crown Estates Bylaws and CC&Rs and applicable Washington
State law.
In the event of a continuing violation that results in the assessment of more than 30 days of fines, the
Board will further review the situation. The Board may, among other things, initiate legal proceedings to
enjoin any further violation, to collect any unpaid fines and interest, to collect attorney's fees and costs,
and to seek any other relief that may be appropriate. Fines may continue to be assessed and levied during
the pendency of such legal proceedings.
Payment of all attorney fees and costs incurred by Crown Estates in connection with the enforcement of
the Bylaws and CC&Rs against an Owner who is determined to have committed a violation of the Bylaws
9
or CC&Rs shall be the sole responsibility of the Owner. The attorney fees and costs will be billed and
collected in the same manner as assessments.
The Board reserves the right to amend these Covenant Enforcement Policies, Procedures and Fine
Schedules, which amendment(s) shall be effective upon notice to the Owners.
Fine Schedule
Fines for violations of the Bylaws and CC&Rs may be levied daily from the date the “First Letter” was
received.
1. Minor infractions, as determined by the Board, may include but are not limited to violations
such as:
“on street parking”
Waste Management containers left out and/or not placed behind fences or inside a
garage
lack of landscape watering and/or maintenance
abandoned vehicles or vehicles in a state of disrepair left in driveway
trash or rubbish allowed to collect and not disposed of properly
display of improper signs or flags
vehicles or items parked in driveway that extends onto or over the sidewalk
2. Fines for violations classified by the Board as “minor” shall be levied at the following rates:
a) $20 per day from the date the “First Letter” was received, provided the correction occurs
within 30 days.
b) After 30 days, $30 per day until the violation is corrected, with a maximum fine of $1,000,
plus interest at the rate of 12% per annum, for the same violation in any calendar year.
c) If the same violation by the same Owner has occurred before (i.e., as previously established
by the Board), the initial fine will be at a rate of $30 per day until the violation is corrected,
with a maximum fine of $1,000, plus interest at the rate of 12% per annum, for the same
violation in any calendar year.
3. Major infractions, as determined by the Board, may include but are not limited to violations
such as:
Changes to buildings or property that requires Architectural Control Committee approval
that was not obtained prior to start of said changes. This could include violations such as,
but not limited to:
o Fence changes in style, color, and/or construction types/materials/methods
o Additions or changes to home exteriors or building size, shape, sidewalks, etc.
o Unapproved roofing material
o Change in paint color or scheme of original development
o Unapproved or improperly installed solar panels or equipment that do not meet
any State, Federal or CC&R rules and/or regulations
10
Installation of non-approved antennas such as VHF, CB or Ham Radio
Any activity that is considered as obnoxious or a nuisance
A rule violation that, by the determination of the Board, affects the rights of others or
their property
4. Fines for violations classified by the Board as “major” shall be levied at the following rates:
a) $50 per day from the date the “First Letter” was received, provided the correction occurs
within 10 days.
b) After 10 days, $100 per day until the violation is corrected, with a maximum fine of $1,000,
plus interest at the rate of 12% per annum, for the same violation in any calendar year.
c) If the same violation by the same Owner has occurred before (i.e., as previously established
by the Board), the initial fine will be at a rate of $75 per day for the first 10 days, then
increasing to $100 per day until the violation is corrected, with a maximum fine of $1,000,
plus interest at the rate of 12% per annum, for the same violation in any calendar year.
5. Interest charges will accrue at the rate of 12% per annum on any and all fines unpaid from the
date of notice to the Owner and shall not be pro-rated for any portion of a month.
6. The Board reserves the right to waive fines, for good cause, at its discretion.
7. A procedural chart is included with this Handbook on the next page.
15. GOOD NEIGHBOR POLICY
The Association’s Bylaws and CC&Rs define the standard of living that homeowners expect from
our HOA environment. These documents are designed to protect the rights of each resident. The
Board has a fiduciary obligation to protect the property value and rights of all residents, and must
be scrupulous in enforcing all rules equally, showing no favoritism to any homeowner.
However, policy and procedure cannot replace courtesy and the need to communicate in a good
and neighborly way with each other. Before filing a complaint about a neighbor, take the time to
have a personal discussion. Neighbors talking with each other, in a non-threatening way, can
often achieve quicker results in a friendlier fashion.
Likewise, if the HOA contacts a home owner about an alleged violation, it is in the interest of all
parties concerned to reach a peaceful, quick resolution of the problem, to avoid monetary
penalties or, even worse, legal action. Our documents are our legal foundation.
Our community spirit and long-term success of the HOA lies within the hands of each resident.