Property Owners Rules & Regulations
All owners and occupants of Lots shall abide by all rules and regulations for the common property adopted by the Association. The Association shall have the power to enforce compliance with said rules and regulations by all appropriate legal and equitable remedies, and any Owner determined by judicial action to have violated said rules and regulations should be liable to the Association for all damages and fines, including costs incurred in seeking and enforcing applicable legal remedies including reasonable attorney's fee.
Book 347, page 56 Declaration of Covenants, Conditions and Restrictions: Article IX Use Restrictions Section 1 Rules and Regulations. The Board of Directors shall have the power to formulate, publish, and enforce reasonable rules and regulations concerning the use and enjoyment of the front yard space of each lot and the Common Areas.
1. Temporary structures prohibited. No structure of a temporary character shall be used on any portion of the Properties at any time as a dwelling.
2. No above ground pools shall be built, placed or installed or used on any portion of the Properties at any time, this includes hot tubs or spas visible from the street.
3. Animals. No animal of any kind (including livestock, reptiles and poultry) shall be kept on any portion of the property or in any Dwelling except for dogs, cats and other household pets which are not used for breeding and commercial purposes. All owners are to keep their animals confined to their property and clean all solid waste from their animals immediately and to restrain animals on a leash. Limit of two (2) pets per town home and four (4) pets per detached home.
4. Boats and trailers. No motorboats, houseboat or other similar water-borne vehicles, travel trailer or camper vehicle, equipment vehicle nor construction trailer shall be maintained, stored or kept on any portion of the property except in enclosed garages. Nor shall any of the previous at any time be parked on any street within the Properties.
5. All lots must be maintained. Front and side yards shall be mowed at least twice monthly during the growing season and as needed during the other months.
6. All fences, walls, and hedges allowed on Lots shall be maintained at all times in a structurally sound and attractive manner and good state of repair and shall consist of materials approved by the Architectural Review Committee.
7. Yard sales, garage sales, and similar activities shall be conducted by following legal requirements and signage not to exceed 4 feet by 4 feet can be put up 2 days in advance and shall be removed by 5 PM on the day of the yard sale.
8. Nuisance and other matters, No trade materials or inventories (other than materials used for construction of dwelling or other approved structures or active improvements) shall be stored upon any portion of the Properties and no tractors, inoperable motor vehicles, landscape trailers, equipment trailers, storage trailers, construction materials or equipment, rubbish, trash, or unsightly materials of any kind shall not be stored , regularly placed or allowed to remain on any portion of the Properties unless adequately screened or contained as approved by the Architectural Review Committee except that trash, leaves , tree limbs materials used for trash or recycling pick-up and similar items may be kept or placed temporarily and only for such time as is reasonably necessary to enable the City or appropriate private entity to remove same and inoperable motor vehicles may be stored only if the same are kept entirely in an enclosed garage or other building which meets Architectural Committee approval.
9. Leases. Every lease or sublease between an Owner and a lessee for the lease of a portion of the Properties shall provide that the terms of the lease shall be subject in all respects to the provisions of the declaration, and any applicable Subdivision Declaration and that failure by the lessee to comply with the terms of such document shall be a default under the terms of the lease . Provided, however, if an Owner fails to include the said provision in any lease or sublease, it shall be conclusively deemed to be included and part of said lease or sublease notwithstanding such omission.
10. Duty to maintain. Subject to any applicable terms of the declaration, each Owner, as such Owner’s sole cost and expense shall maintain such Owner’s Lot, including all Improvements thereon, in a clean, safe and attractive condition at all times, including the following:
a) Prompt removal of all litter, trash, refuse, and wastes including animal waste
b) Lawn mowing and maintenance regularly, including subject to any Legal Requirements, any portions of a publicly dedicated street right of way adjacent to any boundary of such lot and not maintained by the Association or the City.
c) Tree and shrub pruning and removal of dead or diseased tree, shrubs, and other plant material.
d) Maintenance of flower and plant beds.
e) Maintenance of exterior lighting and mechanical facilities.
f) Maintenance of parking areas and driveways.
g) Complying with all legal requirements.
11. Common areas and areas maintained by the property owner's Association are for non-commercial use only and are not to be used as a storage area.
12. The pool parking lot is for pool and recreation area parking and temporary overflow parking, temporary defined as 48 hours.
13. All new driveways to detached houses must be concrete. This rule does not apply to houses that have asphalt driveways.
14. Any new roofs to a detached house must be asphalt shingles and are subject to approval by the Architectural Committee. Metal or Tin roofs are not permitted.
15. The Board after notice and an opportunity to be heard may impose reasonable fines or suspend privileges or services provided by the Association except rights of access to lots) for reasonable periods for violations of the declaration, bylaws, and rules of the Association.
Pool, Tennis & Playground Rules & Regulations
POOL, TENNIS COURTS, AND PLAYGROUND AREA ARE FOR HAWKINS RUN PROPERTY OWNERS AND THEIR GUEST ONLY.
You may be asked to identify your residence, and Any Non-Resident Of Hawkins Run Will Be Asked To Leave.
· Only TWO (2) guests per owner will be allowed at a time. Guests must be accompanied by an ADULT Hawkins Run Property Owner.
· DO NOT give your card to ANYONE to gain access. Misuse of key cards will result in loss of pool privileges.
· Lost or stolen cards should be reported immediately to the Board for deactivation.
· New residents requiring a pool key card will be given one FREE. If a key card has been lost or stolen the replacement fee is $40.00. The replacement fee is due when the new key card is issued, and the prior key card has been deactivated for security.
· NO LIFEGUARD will be on duty. Homeowners are advised to
swim at their OWN RISK.
· Children under the age of 14 ARE NOT PERMITED to use the pool without
being accompanied by an ADULT Hawkins Run Property Owner.
· NO swimming or loitering (including tennis courts) before
8:00AM or after 8:00PM.
· NO running, pushing, boisterous play, or profanity will be allowed in the pool, deck area, or tennis courts at any time.
· NO glass or sharp objects will be allowed in or around the
pool area or tennis courts.
· NO animals allowed in pool or tennis court areas. Pease note that if an animal is in the pool, the pool will need to be closed and drained, and you will be held liable.
· NO bicycles, skates, scooters, skate boards or anything with wheels will be allowed in the pool area, or on the tennis courts.
· NO adult should swim alone.
· NO grilling in the pool and tennis court area.
· NO smoking in the pool or tennis court area.
Townhouse Guidelines
To establish policies affecting the responsibilities of both the homeowners and Hawkins Run Townhouse Owners Association relevant to the maintenance of the townhomes and the overall appearance of the immediate neighborhoods.
Priorities
Maintenance priorities will be established with safety the primary consideration, followed by (in no specific order) economic fiduciary considerations and ease of maintenance.
Maintenance
The Hawkins Run Townhouse Association will be responsible for the following general exterior maintenance: paint, repair, replace and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks and other exterior improvements. Such improvements do not include any glass surfaces such as windows or storm doors. These are the responsibility of the homeowner with approval of Architectural Committee.
Association responsibilities relating to Hawkins Run are confined to maintenance, repairs and replacement resulting from normal aging and exposure. Repairs and replacements resulting from original construction defects, accidents, termites, fire, flood, water, wind and other natural disasters, civil disturbances, vandalism and any other loss covered under homeowners’ insurance, homeowner negligence and other similar acts shall be the responsibility of the homeowner. Negligence will include, but not be limited to, such things as carpet on decks, and improperly painted units by homeowners. A termite protection service is included in the maintenance dues.
Any and all maintenance which is the responsibility of the Association will be provided under the direction of the Hawkins Run Townhouse “Committee of Seven” with approval by the Association’s Property Owners Board of Directors after considering the specific circumstances and the most economical and appropriate method. The Committee will initially decide when a situation requires remedy and will be determined on ‘worst first’ basis. Repairs may be delayed for budgetary reasons.
The Association will not be responsible for interior damage resulting from exterior failure. Structural damage to wall, floors, roofs, etc., resulting from settling of the foundation is the responsibility of the homeowner, not the Association.
The homeowner, in no instance, will dictate the method of repair.
The Association, therefore, will be responsible for:
• Repairing roofs.
• Replacing roofs at a time determined by the Committee. This replacement to include any repair or replacement of sheathing and wood under the shingles. It is not the responsibility of the Association to replace structural supports under the roof which are causing a problem or any damage caused by attachments.
• Cleaning the gutters and downspouts as necessary as determined by the Committee.
• Repairing and replacing gutters and downspouts when necessary, as determined by the Committee.
• Repairing and replacing, as necessary, all siding and shutters and paint each unit on a regular schedule as determined by the Committee until the vinyl siding project has been completed on each of the seven buildings.
• Repairing and replacement of doors. Repairs underneath the frame such as dry rot will be the owners’ responsibility. Locks, doorknobs and any ornamental brass, etc., will be the responsibility of the homeowner. It should be noted that repairs or replacement to glass surfaces are not included in the above. Also not included are storm doors, storm windows and screens.
• Repairing, replacing and staining all decks, steps and railings. Any staining by homeowner must be approved by Committee of Seven. Painting decks is prohibited. Any damage caused to decks will be corrected by the Committee of Seven and will be the responsibility of the homeowner. Window boxes on brick surfaces are allowed, with prior approval; however, under no circumstances may they be affixed to the vinyl siding. Damages from window boxes or other such attachments to the building structure are not the responsibility of the Association, nor are damages caused to the deck the responsibility of the Association if carpet is laid on the deck floor.
• Maintaining exterior brick work, unless damage is caused by the homeowner attaching foreign objects to the brick work.
• Maintaining trees, shrubs, grass and walks to the extent determined by the Committee of Seven and the Board of Directors. This does not include private gardens planted by homeowners. In private gardens, nothing may be planted within two feet of the exterior walls.
• Repairing and replacing mailbox stands and mailboxes necessitated through normal use.
• Repairing and maintaining parking areas.
• Providing and maintaining security lights in common areas.
• Establishing guidelines for replacement of storm doors and vinyl windows (see attachments) under the authority of the Architectural Committee.
The Homeowner is responsible for:
• Repairing chimney leaks, problems with animals getting in the chimney, attic or other structural problems. The Association is responsible only for the siding on the chimney.
• Maintaining heating or air conditioning units or any feeder lines to them.
• Maintaining all glass surfaces.
• Maintaining all water and sewage lines serving individual units.
• Maintaining all electrical fixtures and lines within each unit, including the exterior lights and electrical outlets.
• Repairing any inside damage caused by outside leaks or structural failures above $350, at which time the homeowners’ insurance will pick up the remainder of the cost if the damage is caused by roof leaks.
• Removing ice and snow from individual steps and sidewalks. NO icemelt allowed.
• Maintaining the foundation and areas under the townhome.
• Repairing structural problems.
• Maintaining storm doors, screens and storm windows with replacements approved by the Architectural Committee.
• Maintaining window boxes or damage to the structure on which they are attached or on which they are placed. No window boxes may be attached to vinyl siding.
• Maintaining garden or flower beds installed by the townhome owner.
• Keeping the area around the townhome free of debris
• Keeping yard free of objects, including furniture, objects d’art and toys – anything that might impair lawn maintenance or be considered unacceptable by Committee or Board.
• Only flying yard flags (approximately 12x20 in front of townhomes with the exception being the US flag on holidays.
• Making sure firewood is stored at least 18 inches from all wooden structures, with no more than 1/2 cord stored at one time. Heavy plastic or metal covering must be under the wood to prevent insect problems and frequent insecticide spraying should be done. It is the responsibility of the homeowner to dispose of any wood that known to have termites or other insects. If firewood is the cause of any damage, the homeowner will be charged. It must not be stacked against or near any trees.
• Securing prior approval for any architectural changes or attachments from the Architectural Committee.
• Securing prior approval from the Committee of Seven before planting any trees or shrubs.
Landscaping Guidelines
• Planting of shrubs is permitted providing the mature height will not exceed five feet or extend above the bottom of adjacent windows. This must be approved by Committee. Planting of trees must be approved by Committee of Seven.
• Planting of flowers is permitted in all areas if they do not interfere with lawn maintenance. No artificial flowers are permitted in landscaping.
• Planting of ivy and other vines is not permitted. Any such plantings will be removed at homeowner’s expense.
• No doghouses, dog pens, electric fences or fences of any kind are allowed.
• All boats, trailers, campers and recreational vehicles must be stored off-site.
• Trash containers should be put out the day before pick-up and should be removed the same day after the pick-up.
Parking Policies
• No junk vehicles, commercial vehicles, trailers, trucks (other than non-commercial 1/2-ton pick-ups), campers, house trailers, boats, golf carts or the equivalents may be parked in the parking areas.
• Each unit is entitled to the use of not more than two parking spaces, both of which will be assigned by the Association by making the unit lot number on the curbstone of a parking space as near and convenient to the unit as reasonable possible. Extra vehicles should be parked in the pool parking area and not in the street. This is ONLY shortterm parking.
• Vehicles must be parked in appropriate parking spaces only and must not be parked in such a way that they interfere with the rights-of-way of other homeowners’ parking spaces.
· Any vehicle parked in a reserved space belonging to another unit will be subject to immediate removal by towing. All towing and storage expenses will be the responsibility of the owner of the vehicle.
• Do not block the area in front of the mailboxes.
Replacement of Storm Doors
Replacement doors requirements:
o Be wooden door frames with solid glass or a Larsen door
o Overlaps must be the color of the door
o Brass exterior handles (wood and Larsen door)
o Brass bottom kick plate (wood and Larsen door)
o Full view glass door without decoration, panes or lines in glass (wood and Larsen door)
o No less that 1-1/2 inch thick frame
o Door color should coordinate with the color of the townhome
There are often changes in names of products. There is a picture and standards on
file for comparison. As each door is replaced, please consult the Architectural Committee.
Residential Purpose. All Townhouses shall be used for residential purposes only. Commercial use is prohibited.
Nuisances. No noisy, hazardous, noxious offensive or illegal activity shall in any way interfere with the enjoyment of the neighborhood. This includes, but not limited to barking dogs, loud music or conversation.
Animals. No animals, reptiles, rodents, livestock or poultry shall be kept in Townhouses. Domestic dogs, cats, and caged birds are allowed. Pet breeding is not allowed. All dogs and cats must be carried or lead on leash. Free roaming is not allowed.
Lighting. Temporary lighting to decorate the exterior of homes is acceptable, provided it is not excessive or offensive.
Homeowners shall be liable for any damages caused by themselves, their pets, guests or contractors.
No fences, awnings, screens, sunshades or walls of any nature shall be erected by homeowner.
Windows should be covered with drapes, shutters or blinds with all windows having similar curb appearance. Paint, cardboard or similar materials are prohibited.
Homeowners are responsible for keeping their property in good and attractive condition, free of debris and clutter. Decorative objects, not limited to statues, figures, balls, rocks, driftwood, wheels, fountains, etc. are not permitted in front or sides of townhouses. No objects in front of townhome should exceed 18 inches in height. The appearance of home should not be cluttered or gaudy.
Inappropriate appearance shall be determined by the Committee and/or Board.