RULES AND PROCEDURES OF THE
ARCHITECTURAL CONTROL COMMITTEE
Sector 2A at Snohomish Cascade Association
Purpose: This document is presented as a set of rules but its specific purpose is to clarify some of the rules or procedures listed in the Declaration of Covenants, Conditions, Restrictions and Easements(the “CC&Rs”), not to establish additional rules. Section 3.7 of the CC&Rs defines the nature of and procedures of the Architectural Control Committee (the “ACC”) and Section 6 gives the specific use covenants, conditions and restrictions. The rules contained herein are added or removed by Board action or majority vote of a quorum of members with voting rights. Should any portion of this document contradict the CC&Rs, the Articles of Incorporation, Snohomish County code or the Revised Code of Washington, this document is subordinate.
1. Parking. Section 6.6 of the CC&Rs state that an assortment of vehicles and equipment types, to include boats, trailers, RVs, and vehicles in general should be screened from view, further stating that vehicles might be parked in the driveway for periods not to exceed 72 hours. The section does not make clear whether boats and RVs are considered vehicles in this context nor does it say how frequently this 72 hour exception to the screening rule might be utilized. Section 6.5 on Commercial Uses prohibits parking of commercial vehicles. Special Notes: Section 11.6 of the CC&Rs “Interpretation” states that article or section headings in the CC&Rs are for reference purposes only and do not limit the scope of any CC&R. Thus the fact that Section 6.6 is titled “Vehicles” does not mean that the listed referenced items in that section are all considered vehicles; indeed, it is clear that vehicles are held to be a separate type item. It should also be noted that “Temporary storage” absolutely requires that there exists a primary storage location for any object that is being considered in “temporary storage” on a given lot or curb in front of a lot.
1.1. While it is preferred that driveway and curbside parking be reserved for temporary parking of guests, owners who prefer to not garage all vehicles may park their owned vehicles in their own driveway. Allowed vehicles are passenger cars, vans, SUVs, motorcycles, and non commercial trucks with capacity of one ton or less. Such vehicles must be in good repair and have good appearance.
1.2. It is understood that boats and other watercraft, trailers, campers, and RVs need to be loaded, unloaded, cleaned and serviced; all of which are most easily done when those items are parked in front of the house.
1.2.1. At no time shall any of the mentioned items be parked unscreened for a period of more than 72 hours unless a specific variance has been given by the ACC.
1.2.2. None of the mentioned items shall be parked unscreened for more than three days in any seven day period without a variance.
1.2.3. None of the mentioned items shall be parked unscreened for more than six days in any thirty day period without a variance.
1.2.4. For purposes of calculating the days an item is parked unscreened; if it is parked unscreened for more than six hours in a given twenty four hour period, it is considered parked unscreened for a day. This is cumulative and it doesn’t matter whether parking is in driveway, curbside, common area or a neighbor’s driveway. It does not matter that the item might move and return.
1.3. The term “screened” or “screened parking” means that items are either kept in the garage or behind a fence such that at least the lower six feet of the item is screened from the view from street or sidewalk at any angle. If more than 50% of the item shows above the fence or if the portion that can be seen is unattractive (appearance is offensive in the opinion of neighbors), the ACC or the Board of Directors will make a ruling on whether or not the item can stay.
1.4. Trucks are considered to be commercial if they have a company logo on the body. They are also considered commercial if they have a crane or some other such device although regular towing packages, a fifth wheel connection, or a winch do not necessarily made the vehicle commercial.
1.5. Especially in situations where a truck is determined to be commercial entirely because of the presence of a company logo. the ACC will typically grant a variance unless there are strong objections from neighbors in the immediate proximity or when the truck in unattractive.
1.6. There are a number of parking issues that are covered by State or County law. While these offenses degrade the appearance and character of the neighborhood, the ACC will report to the appropriate law enforcement agency rather than try to enforce rules where we don’t have the authority. This includes blocking a sidewalk, driveway or street, abandoning a vehicle, parking next to a fire hydrant, or curb parking within ten feet of a postal mail box.
2. Yard Maintenance Standards In Section 6.12 of the CC&Rs it states that required owner maintenance includes keeping the yard up to the standards of other yards in the neighborhood. A certain amount of individuality must be allowed but yards with little or no upkeep will decrease all neighborhood property values and in extreme cases contaminate other yards in close proximity with weed seeds and plant diseases.
2.1. Determination of what standard is for a given location is done using common sense. If the three lots in each direction from a given lot have significantly better maintained yards than the given lot, it isn’t meeting the standards.
2.1.1. Two substandard yards may be near each other. It isn’t enough to find one yard nearby that is also poorly maintained to argue the lot in question is up to standards.
2.1.2. Differences need to be significant. If a yard has 10 white clover heads in their lawn and the average in lots around them is 6 or 7 clover heads, the difference isn’t significant.
2.2. In comparing the level of yard maintenance, the criteria may include the following but other factors not listed may be included.
2.2.1. Lawns should be mowed regularly. The lawn height should be uniform and under four inches. There should be a minimum of seed heads. Typically, this means weekly mowing during the seasons when the grass is growing fastest.
2.2.2. Lawns should be edged regularly. Edging every second or third mowing is probably sufficient to keep a neat established edge.
2.2.3. Lawns should be fertilized and watered to maintain a moderately dark green to medium green color. If Silver Lake Water restricts watering or an owner limits watering for ecological concerns, the grass may be allowed to go dormant without the lot being considered sub-standard for that alone but areas that actually die should be over seeded to prevent takeover by weeds or the appearance of bare patches of dirt.
2.2.4. Lawns and areas with other plantings should be relatively weed free. Of particular concern are weeds that have been allowed to flower and go to seed or those considered noxious weeds.
2.2.5. Mulched areas should have a consistent color shade across the entire surface indicating that sufficient mulch was applied with the most recent application.
2.2.6. Dead or badly diseased plants should be removed.
2.2.7. Plantings should be of different heights and appropriately spaced to produce visual interest.
2.2.8. Debris such as fallen leaves should be regularly raked up and removed.
2.2.9. Retaining walls and ornamental items (like fountains or bird baths) should be in good repair and not gaudy (no pink flamingoes).
2.2.10.Yards should be a mix of lawn, planted area and hard surfaces, not all of one or the other. If well done, there can be exceptions but balance is generally the most pleasing.
3. Fines Section 6.2.9 of the CC&Rs allows imposition of “Non-Compliance Charges” of up to $500 per day by the Board. Such fines constitute an ongoing lien against the property until collected, even if the lien is not filed. Some situations would warrant such a high charge but the ACC needs to be able to quickly assess smaller fines in more routine situations and have those fines in proportion to the nature of the offense against the Association.
3.1. If the ACC informs an owner of a problem in yard maintenance and the owner either fails to respond, or responds with an inadequate plan of action, or fails to follow through with their promised course of action the ACC may impose a non compliance charge of $25 per day for 30 days, $50 per day for the next 30 days and $100 per day thereafter until the problem is corrected. The initial owner notification must be by registered or certified mail and the member must be given 5 days to respond. If, in the judgment of the ACC and/or the board, the owner is making acceptable progress, fines may be waived, even if the yard is not currently back up to neighborhood standards.
3.2. If, after being warned about a parking violation (an Association parking violation), an owner fails to correct the problem, the ACC may impose a non compliance charge of $25 per day for the first 30 days, $50 per day for the next 30 days and $100 per day thereafter until the problem is corrected.
4. Home Businesses Section 6.5 of the CC&Rs dealing with Commercial Uses says in part: No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any Lot without prior written approval from the Architectural Control Committee In deciding whether or not to provide written approval for a Commercial Use when the request is made, the only reason for denial would be a determination that the business activity would impact in a fashion not typical for a residential neighborhood. A few extra parked cars from time to time, an occasional party or meeting, or routine deliveries from FedEx or UPS are quite common in a residential neighborhood so wouldn’t be grounds to refuse permission.
4.1. This section does not apply to the many individuals having a home office which is not the principal place of business for their company, who use the office primarily for office work, don’t see customers on a regular basis and don’t receive or store significant equipment or inventory.
4.2. The Architectural Control Committee will not demand that a homeowner submit a request for a written approval simply because they’ve become aware of a home business. If some other homeowner complains about some aspect of the business or there is some aspect of the business that clearly disrupts the residential character of the neighborhood, the Committee will demand that the homeowner having the business request a proper approval. If the Committee does receive a request for approval for a business that has already been operating, the fact that the business has been running for some time will not be a consideration in the evaluation.
4.3. Any approval given by the Committee or the Board of Directors may be withdrawn if any conditions set in the approval are not met or if the business changes in a manner that introduces a new nuisance factor that compromises the residential character of the neighborhood.
4.4. Homeowners requesting approval for a home business should honestly address all the factors that might impact the neighborhood.
4.4.1. If any employees not residing in the neighborhood will come to the home to work, the request should state how many and how long they will be parking.
4.4.2. The request should state how many customers might visit, how long they might stay per visit and how many might visit at the same time. Infrequent meetings or parties with customers isn’t a concern but a business that frequently has large groups of customers might impact neighborhood traffic and parking.
4.4.3. Except for UPS, FedEx and similar carriers with small trucks, the request should include the expected frequency and duration of deliveries or pickups by large trucks.
4.4.4. The request should detail if there will be any special equipment, including business vehicles in view from the street.
4.4.5. The request should detail if there might be loud, repetitive or unusual sounds produced (noise pollution) by the business activity.
4.4.6. The request should mention if any odors or other air pollution might be produced by the business activity.
4.5. An approval given for a home business does not preclude the homeowner from complying with other CC&Rs or laws. For example, a business might need to be properly licensed by the state. Signs are prohibited by the CC&Rs and will not be allowed based on an approval being given for the home business. Storing hazardous chemicals is prohibited on Title and Deed documents as well as the CC&Rs.
4.6. If the Architectural Control Committee determines that a certain home business is not to be approved, either on discovering the business activity or after receiving a written request for an approval to conduct the business, the owner will be given at least 30 days to discontinue the business activity if it is already ongoing. The homeowner may appeal the decision to the Board of Directors and based on circumstances may be afforded more than 30 days to stop the business activity while the situation is being reviewed.
4.7. When the Architectural Control Committee does provide written approval for the homeowner to have a home business, it should be considered permission, not an endorsement of the business. The Association is not a partner with any home business and doesn’t want to incur any liability that might arise out of the approval. The business owner is solely responsible for consequences of the business activity and should be appropriately insured.
5. Damage to Common Area {Added by Board action on January 10, 2007} If structures, landscape plantings, or other common area property belonging to the homeowner’s association is damaged through the negligence of a homeowner or by the willful destructive act of any member of a homeowner’s household, a $100.00 fine will be imposed. Additionally, with a 2/3 majority vote, the Board of Directors may impose a special assessment against the member for the actual cost to the Association for repair or replacement of the damaged or destroyed property. Members may appeal to the Board of Directors for consideration of mitigating or extenuating circumstances. The judgment of the Board upon review of the appeal is final.
When imposing penalties under this rule, the Architectural Control Committee or the Board of Directors will consider a number of factors. If damage resulted from a specific act, was the act deliberate? If the act was deliberate, should the person have been able to anticipate the damage as a possible consequence? If the damage is due to negligence, was there some reasonable course of action the member could have taken to prevent or lessen the damage (if your healthy tree falls and breaks the common area fence in a windstorm, you aren’t negligent).
6. Obtaining Permission to Rent or Lease {Added by Board action on February 13, 2007 – including Appendix A, Acceptance of Responsibility Form}
Appendix A, Acceptance of Responsibility Form You may also email the board if you would prefer to receive the required form as a Microsoft Word document where you could type some of the entries in and then simply initial and sign manually. This form should be mailed or delivered to the registered office of the Association.
Current Reference: Section 6.3 of the Declaration (“CC&Rs”) Leasing Restrictions reads: “No lot or portion thereof may be leased or rented by any party without the prior written approval of the Board in accordance with Section 6.17 below”.
Purpose: Sector 2A at Snohomish Cascade (Gold Creek 2A) is a residential community consisting of single family homes where the expectation is that those actually living in the houses are the holders of fee simple title to those homes. The Board shall not give approval for a rental or lease when a home buyer intends to purchase a house strictly as a rental property. There are scenarios where members of the Association may be forced to leave the area (i.e. military deployment, medical issues etc.) where they intend to return in the near future and they might petition the Board for approval to rent or lease for a short term. If such approval is given, the Board must be assured that the greater obligation to protect values for other homeowners and mortgagees, maintain the character and desirability of the neighborhood and to sustain member and homeowner association access to competitive insurance rates is satisfied. Any homeowner who petitions for an approval to rent or lease the home they live in must agree to these terms and complete the application (Appendix A) before the Board considers giving permission. Absent any of the circumstances that would be deemed a “severe hardship”, all of the rules should be agreed to and enforced. Where the Board determines that implementation of all the rules would create a severe hardship, they may grant a variance or exception.
(a) All owners who desire to rent their homes must submit an application (Appendix A) to the Board of Directors, providing the terms of the proposed lease/rental agreement. The application must be a form approved by the Association. A fee of $100.00 will be charged to submit the application.
(b) Properly completed applications shall be received on a “first come, first served” basis by the Board. The names of the Owners so received will be entered on a list in consecutive order, (the Rental List). The ‘Rental List” shall consist of homeowners of currently rented or leased homes plus those approved who are within 60 days of renting or leasing their home.
(c) Owners that are eligible to seek a tenant shall be notified in writing by the Board.
(d) If consent is granted for a rental or lease by the Board, the Owner may then rent his or her home (there is a 60 day window, per (e) below while this permission remains in effect). Under no circumstances will the total number of members included on the ‘Rental List” who either have an existing rental/lease or permission to execute a rental/lease agreement in effect exceed four (4). Once the limit of four (4) is met, members who petition may request that their names be placed on the list to maintain their status on a waiting list of those wishing to rent or lease. An owner with an existing rental arrangement at the adoption of this Rental Procedure may maintain the rental arrangement, and it shall be counted towards the maximum of four (4) permitted hereunder. If the Owner fails to submit a properly completed application on a timely basis, or if consent is denied, then the Owner will be disqualified and the Owner’s name will be placed at the end of the Rental List. An Owner whose application to rent is disapproved shall be notified by the Board via first class mail and certified letter.
(e) Once leasing approval has been granted by the Board, the Homeowner shall have sixty (60) days within which to lease the home. In the event the home is not leased within the 60 day period, leasing authority shall be automatically revoked. Leasing of a home within sixty (60) days of granting of leasing approval shall be deemed to occur if the home is occupied by a tenant within the 60-day period, a signed lease agreement and a signed Acceptance of Responsibility document has be submitted to the Board.
(f) In all circumstances an Owner must be in ownership and residence in the proposed rental for at least three (3) years before he or she may qualify to be placed on the Rental List. An Owner may only rent their home for a period of two (2) years. At that time the Owner must either sell the home or maintain residence again for a period of three (3) years. An Owner of multiple homes shall not be permitted to rent other homes if he or she already rents one home.
(g) Any lease or rental agreement must be for a term of not less than one year or twelve months. No homeowner shall be permitted to lease their home for transient or hotel purposes. No subleases are permitted. Copies of all signed lease/rental agreements and the Acceptance of Responsibility shall be delivered to the Association’s Registered Office before tenancy commences.
(h) At the sole expense of the homeowner leasing their home and prior to the letting of the home, the Owner must provide the Board of Director with proof that a criminal background check on the prospective lessee has been performed by a reputable resource or screening service and that the information obtained has been deemed satisfactory
(i) The Association is authorized to impose an administrative charge of 50% of the annual assessment per year (The charge is due and payable on the date the rental or lease commences and the annual anniversary thereafter. The amount will be based on the assessment for the year that it became due.). Violations of this agreement or other Covenants, Conditions and Restrictions (CC&Rs) may result in additional fines, litigation or other appropriate enforcement relief against the owner. Nothing herein shall be construed to be in limitation of the Association’s remedies against the Owner. The election to impose an administrative charge under this Rental Procedure shall not preclude the Association from any other remedy under the law or under the CC&Rs. Administrative charges are payable on demand as an additional assessment.
(j) Prior to signing any lease or rental agreement, it shall be the responsibility of the Owner to deliver to the tenant copies of the latest versions of all Association governing documents, i.e. the Association’s Covenants, Conditions and Restrictions (CC&Rs), Bylaws and the Rules and Procedures of the Architectural Control Committee. The Owner and Tenant must also sign an Acceptance of Responsibility document and return said document to the Board of Directors at the commencement of the lease. This document outlines the following:
§ Landlords must provide a set of the latest versions of the governing documents to renters before they move in.
§ CC&Rs and rules must be a condition of all rental agreements.
§ Landlords are held accountable for renter infractions.
§ Renters must communicate requests to the HOA through the landlord.
§ Board may demand termination of a tenant with serious or chronic rule violations.
§ Landlords must provide a copy of each rental agreement to ensure compliance with the HOA’s Landlord’s Standards and for emergency contact purposes.
(k) Any provision set forth in this Rental Procedure, which is now, or in the future becomes, contrary to local, county, state, or federal laws shall be considered void and as if it were not set forth herein, but all other provisions of the Rental Procedure shall remain in full force and effect.
7. Materials to be permitted as roofing in addition to cedar shake and tiles. {Added by Board action on September 12, 2007} Section 6.2.2 of the CC&Rs dealing with building materials originally limited the options for roofing materials to either cedar shakes or tiles. By affirmative vote of greater than a 75% majority of association members an Amendment 4 to the CC&Rs was approved and recorded on August 27, 2007. This amendment changed the sentence in Section 6.2.2 that gives approved roofing materials so that it now reads, “Roofing materials must be cedar shingle, shake, tile, or certain specific brands of fiberglass architectural shingles as the Board may from time to time designate by rule as being appropriate” In addition to cedar shingle or shake and concrete tile, the following materials are approved as roofing materials.
7.1. CertainTeed Presidential TL {approved by Board action, September 12, 2007}
7.2. From manufacturer GAF, products ‘Grand Sequoia’ and ‘Grand Canyon’. {approved by Board action, July 3, 2012}
7.3. From manufacturer CertainTeed, product Presidential (2 ply, as opposed to TL which is 3 ply) {approved by Board action, August 24, 2012, posted in minutes of August meeting}
7.4. From manufacturer, PABCO, ‘Paramount Advantage’ in any of the colors listed here; antique black, pewter gray, oakwood, weathered wood, cedarwood and driftwood. {approved by Board action, March 3, 2014, posted in minutes of March 2014 meeting}
7.5. From manufacturer GAF (limited approval), the product ‘Lifetime Timberline Natural Shadow’ approved for sheds, pool covers and other outbuildings but not primary house structure. {approved by Board action, August 5, 2014, posted in minutes of August 2014 meeting}
7.6. From manufacturer Owens Corning, the product 'Woodcrest'.
Appendage #1 (includes sections 8-14 Approved by Board action May 5, 2009)
Purpose: This document is presented as a set of rules but its specific purpose is to clarify some of the rules or procedures listed in the Declaration of Covenants, Conditions, Restrictions and Easements(the “CC&Rs”), not to establish additional rules. Section 3.7 of the CC&Rs defines the nature of and procedures of the Architectural Control Committee (the “ACC”) and Section 6 gives the specific use covenants, conditions and restrictions. The rules contained herein are added or removed by Board action or majority vote of a quorum of members with voting rights. Should any portion of this document contradict the CC&Rs, the Articles of Incorporation, Snohomish County code or the Revised Code of Washington, this document is subordinate. This document appends the current Rules and Procedures of the ACC document that has paragraphs 1 through 7.1. The ACC has developed the following Rules and Procedures because it has come to their attention that Article 6 and its Sections of our CC&Rs need some minor clarification so that Homeowners, the ACC and the Homeowners Association (HOA) Board can have the same interpretation when reading them. The reason for the clarifications is that over time things such as technology and building materials change to the point that they raise questions as to whether or not they should be allowed.
8. Holiday Decorations. Section 6.12 of the CC&Rs state that it is the Owners responsibility for all maintenance, upkeep, and repair of individual Lots and homes and that Owners shall maintain their Lots and home is good repair and in clean, slightly, and sanitary condition at all times. That the Owner is obligated to keep their Lot and home in that condition in a manner comparable to that on the other Lots in Gold Creek 2A. So that our neighborhood presents itself in such a manner as to not be unsightly and therefore cause it or portions of it to appear run-down the following apply:
8.1. All holiday (Christmas, Easter, Halloween, etc.) decorations are to be removed from the Lot’s structures (home, sheds, etc.) and yard no later than 30 days after the holiday.
8.2 An Owner can display a seasonal flag and one other appropriate flag such as a college flag, etc.
8.3 All decorations and flags must be in good taste and maintained in good repair.
9. Obstruction Free Sidewalks. Section 6.12 of the CC&Rs state that it is the Owners responsibility for all maintenance, upkeep, and repair of individual Lots and homes and that Owners shall maintain their Lots and home is good repair and in clean, slightly, and sanitary condition at all times. That the Owner is obligated to keep their Lot and home in that condition in a manner comparable to that on the other Lots in Gold Creek 2A. Sidewalks that have obstructions can cause accidents, possible injury to pedestrians and prevents individuals with disabilities that use mobile devices and/or other medical devices such as crutches from being able to use the sidewalk. So that our neighborhood presents itself in such a manner as to not be unsightly but gives the appearance of a clean, safe and ease of travel for those with disabilities, the following apply:
9.1. Owners are to ensure that their sidewalk located in front of their home adjacent to the street is properly maintained and always kept free from obstructions to allow for safe pedestrian traffic.
9.2. Obstructions include but not limited to items such as; mobile basketball hoops, vehicles, etc.
9.3. The exception is during garbage collection days when the Owner is instructed to put their containers on the sidewalk for pickup. Owners may place the containers on the sidewalk the evening before the day of pickup and must remove them the evening of the day after the pickup. Refer to Section 6.7 for additional information concerning Garbage.
10. Attached Items/Fixtures to the Lot’s Structures. Section 6.2 of the CC&Rs state that no exterior addition to or change or alternation therein be made until after the details and written plans and specifications are submitted to and approved in writing by the ACC. This clarification is needed to provide details about what is meant by an Attached Item/Fixture whether or not it is in the mind of the Owner a permanent or temporary attachment. It is also supported by Section 6.12 that states Lots be maintained in a manner comparable to that on the other Lots in Gold Creek 2A.
10.1. Any item/fixture to be physically attached to a Lot’s structure (home, sheds, etc.) must have prior approval from the ACC. A request for attaching the proposed item/fixture must be submitted to the ACC and clearly state what is the item/fixture, its use and how it will be attached.
10.2. This applies to items/fixtures that are of permanent (to be left attached even when the Homeowner is going to sell their home and/or until the item needs to be replaced due to maintenance) and temporary (items/fixtures that the Homeowner wants attached but plans to remove them in the future) in nature.
10.3. Examples (not an exclusive list) of this type of items/fixtures are a basketball hoop, TV dish antennas, awnings, patio covers, etc.
11. Fence Colors. Section 6.2.3 of the CC&Rs state that all fences, open and solid are to meet the standards set by the ACC and must be approved by the ACC prior to construction. Section 6.12 of the CC&Rs state that Owners will maintain Lots and homes in a clean and attractive appearance comparable to that of other Lots in Gold Creek 2A. Therefore, to prevent unsightly multicolor fences being able to be viewed from the street the following applies:
11.1. When repairing an existing fence or installing a new fence portion on the Lot where there is and existing adjoining fence, the color of the repaired or new portion will match the existing adjoining fence color if the existing adjoining fence is painted or stained.
11.2. The one exception to this rule is if the new portion is visible from the street and is adjoined to the house (example is a wood gate), the color of the new portion can be either the same as the existing adjoining fence color or the color of the house or the color of the house’s trim.
11.3. Regardless, for new fence portions the Owner must submit a request to the ACC for approval of the fence type and color prior to installation.
11.4. If the existing adjoining fence is one that is not painted nor stained, then the new portion to be installed does not have to be painted nor stained because over time the new portion will weather and take on the color of the existing adjoining fence thus blending in.
12. TV Dish Antennas. Section 6.11 of the CC&Rs is very clear on the placement of antennas and service facilities. This clarification will prevent unsightly antennas being installed in violation of Section 6.11 when they could have been installed in a location not visible from the street in front of said Lot. Also, it clarifies the TV dish antenna in that technology has caused a changed the size of TV dish antennas. In the first years of satellite TV antennas, they were so huge that they couldn’t be mounted on the roof or side of a house. Those type antennas are almost obsolete now in that they are not being manufactured for the typical home installation. To clarify this Section the following applies:
12.1. The new type small dish TV antenna can only be installed on the roof or any other part of the structure that can be seen from the street if that is the only location that will allow for adequate reception.
12.2. When a Owner is going to install or have installed a TV dish antenna, the installer has to document and submit to the ACC that the only place the antenna can be placed to have adequate reception is in a place that violates Section 6.11 and must be submitted to the ACC for approval prior to the installation of the antenna.
13. RV, Trailer and Boat Storage and Covers. Section 6.6 of the CC&Rs state that no storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from the street or from any Lot. See Section 6.6 for further information and exceptions. This clarifying rule helps to keep the neighborhood looking clean and attractive and in a manner comparable to that on the other Lots in Gold Creek 2A in accordance with Section 6.12. It will prevent unsightly covers such as the blue tarp and other colors from detracting the neighborhood thus causing a possible loss of property value or loss of property sale due to appearance. To clarify this Section, the following applies mainly to RVs, trailers and boats but does not exclude the other items listed in Section 6.6:
13.1. A written plan is required to be submitted for prior approval from the ACC for any Owner planning to store/park any of the items listed in Section 6.6 such as RVs, trailers, and boats. The plan must include all property modifications to accommodate the storage/parking of the item including but not limited to; new pavement, new fence, new gate, new gate in existing fence, and the addition of any structural elements to protect or screen the item.
13.2. If Owner plans to cover the RV, trailer, boat or other item, when it is visible above a 6 ft fence, from the street, or from an adjoining Lot, the color of the cover is to be compatible with the house color meaning the same as the house color or some earth tone color that doesn’t clash with the color of the house. Cover colors such as vinyl blue tarps are not allowed.
14. The United States Flag. There are many books, pamphlets and other references concerning the display of the U.S. Flag. Below is a website that is very concise and easy to read for understanding the proper display protocol of the U.S. Flag. Also, the Gold Creek 2A website has the latest PDF document that can be downloaded titled: CRS Report for Congress – The United States Flag: Federal Law Relating to Display and Associated Questions updated July 5, 2007. The governing federal law for displaying the U.S. Flag is United States Code (U.S.C.) Title 4. The website for additional information is: http://www.law.cornell.edu/uscode/uscode04/usc_sup_01_4_10_1.html
ARCHITECTURAL CONTROL COMMITTEE
Sector 2A at Snohomish Cascade Association
Purpose: This document is presented as a set of rules but its specific purpose is to clarify some of the rules or procedures listed in the Declaration of Covenants, Conditions, Restrictions and Easements(the “CC&Rs”), not to establish additional rules. Section 3.7 of the CC&Rs defines the nature of and procedures of the Architectural Control Committee (the “ACC”) and Section 6 gives the specific use covenants, conditions and restrictions. The rules contained herein are added or removed by Board action or majority vote of a quorum of members with voting rights. Should any portion of this document contradict the CC&Rs, the Articles of Incorporation, Snohomish County code or the Revised Code of Washington, this document is subordinate.
1. Parking. Section 6.6 of the CC&Rs state that an assortment of vehicles and equipment types, to include boats, trailers, RVs, and vehicles in general should be screened from view, further stating that vehicles might be parked in the driveway for periods not to exceed 72 hours. The section does not make clear whether boats and RVs are considered vehicles in this context nor does it say how frequently this 72 hour exception to the screening rule might be utilized. Section 6.5 on Commercial Uses prohibits parking of commercial vehicles. Special Notes: Section 11.6 of the CC&Rs “Interpretation” states that article or section headings in the CC&Rs are for reference purposes only and do not limit the scope of any CC&R. Thus the fact that Section 6.6 is titled “Vehicles” does not mean that the listed referenced items in that section are all considered vehicles; indeed, it is clear that vehicles are held to be a separate type item. It should also be noted that “Temporary storage” absolutely requires that there exists a primary storage location for any object that is being considered in “temporary storage” on a given lot or curb in front of a lot.
1.1. While it is preferred that driveway and curbside parking be reserved for temporary parking of guests, owners who prefer to not garage all vehicles may park their owned vehicles in their own driveway. Allowed vehicles are passenger cars, vans, SUVs, motorcycles, and non commercial trucks with capacity of one ton or less. Such vehicles must be in good repair and have good appearance.
1.2. It is understood that boats and other watercraft, trailers, campers, and RVs need to be loaded, unloaded, cleaned and serviced; all of which are most easily done when those items are parked in front of the house.
1.2.1. At no time shall any of the mentioned items be parked unscreened for a period of more than 72 hours unless a specific variance has been given by the ACC.
1.2.2. None of the mentioned items shall be parked unscreened for more than three days in any seven day period without a variance.
1.2.3. None of the mentioned items shall be parked unscreened for more than six days in any thirty day period without a variance.
1.2.4. For purposes of calculating the days an item is parked unscreened; if it is parked unscreened for more than six hours in a given twenty four hour period, it is considered parked unscreened for a day. This is cumulative and it doesn’t matter whether parking is in driveway, curbside, common area or a neighbor’s driveway. It does not matter that the item might move and return.
1.3. The term “screened” or “screened parking” means that items are either kept in the garage or behind a fence such that at least the lower six feet of the item is screened from the view from street or sidewalk at any angle. If more than 50% of the item shows above the fence or if the portion that can be seen is unattractive (appearance is offensive in the opinion of neighbors), the ACC or the Board of Directors will make a ruling on whether or not the item can stay.
1.4. Trucks are considered to be commercial if they have a company logo on the body. They are also considered commercial if they have a crane or some other such device although regular towing packages, a fifth wheel connection, or a winch do not necessarily made the vehicle commercial.
1.5. Especially in situations where a truck is determined to be commercial entirely because of the presence of a company logo. the ACC will typically grant a variance unless there are strong objections from neighbors in the immediate proximity or when the truck in unattractive.
1.6. There are a number of parking issues that are covered by State or County law. While these offenses degrade the appearance and character of the neighborhood, the ACC will report to the appropriate law enforcement agency rather than try to enforce rules where we don’t have the authority. This includes blocking a sidewalk, driveway or street, abandoning a vehicle, parking next to a fire hydrant, or curb parking within ten feet of a postal mail box.
2. Yard Maintenance Standards In Section 6.12 of the CC&Rs it states that required owner maintenance includes keeping the yard up to the standards of other yards in the neighborhood. A certain amount of individuality must be allowed but yards with little or no upkeep will decrease all neighborhood property values and in extreme cases contaminate other yards in close proximity with weed seeds and plant diseases.
2.1. Determination of what standard is for a given location is done using common sense. If the three lots in each direction from a given lot have significantly better maintained yards than the given lot, it isn’t meeting the standards.
2.1.1. Two substandard yards may be near each other. It isn’t enough to find one yard nearby that is also poorly maintained to argue the lot in question is up to standards.
2.1.2. Differences need to be significant. If a yard has 10 white clover heads in their lawn and the average in lots around them is 6 or 7 clover heads, the difference isn’t significant.
2.2. In comparing the level of yard maintenance, the criteria may include the following but other factors not listed may be included.
2.2.1. Lawns should be mowed regularly. The lawn height should be uniform and under four inches. There should be a minimum of seed heads. Typically, this means weekly mowing during the seasons when the grass is growing fastest.
2.2.2. Lawns should be edged regularly. Edging every second or third mowing is probably sufficient to keep a neat established edge.
2.2.3. Lawns should be fertilized and watered to maintain a moderately dark green to medium green color. If Silver Lake Water restricts watering or an owner limits watering for ecological concerns, the grass may be allowed to go dormant without the lot being considered sub-standard for that alone but areas that actually die should be over seeded to prevent takeover by weeds or the appearance of bare patches of dirt.
2.2.4. Lawns and areas with other plantings should be relatively weed free. Of particular concern are weeds that have been allowed to flower and go to seed or those considered noxious weeds.
2.2.5. Mulched areas should have a consistent color shade across the entire surface indicating that sufficient mulch was applied with the most recent application.
2.2.6. Dead or badly diseased plants should be removed.
2.2.7. Plantings should be of different heights and appropriately spaced to produce visual interest.
2.2.8. Debris such as fallen leaves should be regularly raked up and removed.
2.2.9. Retaining walls and ornamental items (like fountains or bird baths) should be in good repair and not gaudy (no pink flamingoes).
2.2.10.Yards should be a mix of lawn, planted area and hard surfaces, not all of one or the other. If well done, there can be exceptions but balance is generally the most pleasing.
3. Fines Section 6.2.9 of the CC&Rs allows imposition of “Non-Compliance Charges” of up to $500 per day by the Board. Such fines constitute an ongoing lien against the property until collected, even if the lien is not filed. Some situations would warrant such a high charge but the ACC needs to be able to quickly assess smaller fines in more routine situations and have those fines in proportion to the nature of the offense against the Association.
3.1. If the ACC informs an owner of a problem in yard maintenance and the owner either fails to respond, or responds with an inadequate plan of action, or fails to follow through with their promised course of action the ACC may impose a non compliance charge of $25 per day for 30 days, $50 per day for the next 30 days and $100 per day thereafter until the problem is corrected. The initial owner notification must be by registered or certified mail and the member must be given 5 days to respond. If, in the judgment of the ACC and/or the board, the owner is making acceptable progress, fines may be waived, even if the yard is not currently back up to neighborhood standards.
3.2. If, after being warned about a parking violation (an Association parking violation), an owner fails to correct the problem, the ACC may impose a non compliance charge of $25 per day for the first 30 days, $50 per day for the next 30 days and $100 per day thereafter until the problem is corrected.
4. Home Businesses Section 6.5 of the CC&Rs dealing with Commercial Uses says in part: No trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any Lot without prior written approval from the Architectural Control Committee In deciding whether or not to provide written approval for a Commercial Use when the request is made, the only reason for denial would be a determination that the business activity would impact in a fashion not typical for a residential neighborhood. A few extra parked cars from time to time, an occasional party or meeting, or routine deliveries from FedEx or UPS are quite common in a residential neighborhood so wouldn’t be grounds to refuse permission.
4.1. This section does not apply to the many individuals having a home office which is not the principal place of business for their company, who use the office primarily for office work, don’t see customers on a regular basis and don’t receive or store significant equipment or inventory.
4.2. The Architectural Control Committee will not demand that a homeowner submit a request for a written approval simply because they’ve become aware of a home business. If some other homeowner complains about some aspect of the business or there is some aspect of the business that clearly disrupts the residential character of the neighborhood, the Committee will demand that the homeowner having the business request a proper approval. If the Committee does receive a request for approval for a business that has already been operating, the fact that the business has been running for some time will not be a consideration in the evaluation.
4.3. Any approval given by the Committee or the Board of Directors may be withdrawn if any conditions set in the approval are not met or if the business changes in a manner that introduces a new nuisance factor that compromises the residential character of the neighborhood.
4.4. Homeowners requesting approval for a home business should honestly address all the factors that might impact the neighborhood.
4.4.1. If any employees not residing in the neighborhood will come to the home to work, the request should state how many and how long they will be parking.
4.4.2. The request should state how many customers might visit, how long they might stay per visit and how many might visit at the same time. Infrequent meetings or parties with customers isn’t a concern but a business that frequently has large groups of customers might impact neighborhood traffic and parking.
4.4.3. Except for UPS, FedEx and similar carriers with small trucks, the request should include the expected frequency and duration of deliveries or pickups by large trucks.
4.4.4. The request should detail if there will be any special equipment, including business vehicles in view from the street.
4.4.5. The request should detail if there might be loud, repetitive or unusual sounds produced (noise pollution) by the business activity.
4.4.6. The request should mention if any odors or other air pollution might be produced by the business activity.
4.5. An approval given for a home business does not preclude the homeowner from complying with other CC&Rs or laws. For example, a business might need to be properly licensed by the state. Signs are prohibited by the CC&Rs and will not be allowed based on an approval being given for the home business. Storing hazardous chemicals is prohibited on Title and Deed documents as well as the CC&Rs.
4.6. If the Architectural Control Committee determines that a certain home business is not to be approved, either on discovering the business activity or after receiving a written request for an approval to conduct the business, the owner will be given at least 30 days to discontinue the business activity if it is already ongoing. The homeowner may appeal the decision to the Board of Directors and based on circumstances may be afforded more than 30 days to stop the business activity while the situation is being reviewed.
4.7. When the Architectural Control Committee does provide written approval for the homeowner to have a home business, it should be considered permission, not an endorsement of the business. The Association is not a partner with any home business and doesn’t want to incur any liability that might arise out of the approval. The business owner is solely responsible for consequences of the business activity and should be appropriately insured.
5. Damage to Common Area {Added by Board action on January 10, 2007} If structures, landscape plantings, or other common area property belonging to the homeowner’s association is damaged through the negligence of a homeowner or by the willful destructive act of any member of a homeowner’s household, a $100.00 fine will be imposed. Additionally, with a 2/3 majority vote, the Board of Directors may impose a special assessment against the member for the actual cost to the Association for repair or replacement of the damaged or destroyed property. Members may appeal to the Board of Directors for consideration of mitigating or extenuating circumstances. The judgment of the Board upon review of the appeal is final.
When imposing penalties under this rule, the Architectural Control Committee or the Board of Directors will consider a number of factors. If damage resulted from a specific act, was the act deliberate? If the act was deliberate, should the person have been able to anticipate the damage as a possible consequence? If the damage is due to negligence, was there some reasonable course of action the member could have taken to prevent or lessen the damage (if your healthy tree falls and breaks the common area fence in a windstorm, you aren’t negligent).
6. Obtaining Permission to Rent or Lease {Added by Board action on February 13, 2007 – including Appendix A, Acceptance of Responsibility Form}
Appendix A, Acceptance of Responsibility Form You may also email the board if you would prefer to receive the required form as a Microsoft Word document where you could type some of the entries in and then simply initial and sign manually. This form should be mailed or delivered to the registered office of the Association.
Current Reference: Section 6.3 of the Declaration (“CC&Rs”) Leasing Restrictions reads: “No lot or portion thereof may be leased or rented by any party without the prior written approval of the Board in accordance with Section 6.17 below”.
Purpose: Sector 2A at Snohomish Cascade (Gold Creek 2A) is a residential community consisting of single family homes where the expectation is that those actually living in the houses are the holders of fee simple title to those homes. The Board shall not give approval for a rental or lease when a home buyer intends to purchase a house strictly as a rental property. There are scenarios where members of the Association may be forced to leave the area (i.e. military deployment, medical issues etc.) where they intend to return in the near future and they might petition the Board for approval to rent or lease for a short term. If such approval is given, the Board must be assured that the greater obligation to protect values for other homeowners and mortgagees, maintain the character and desirability of the neighborhood and to sustain member and homeowner association access to competitive insurance rates is satisfied. Any homeowner who petitions for an approval to rent or lease the home they live in must agree to these terms and complete the application (Appendix A) before the Board considers giving permission. Absent any of the circumstances that would be deemed a “severe hardship”, all of the rules should be agreed to and enforced. Where the Board determines that implementation of all the rules would create a severe hardship, they may grant a variance or exception.
(a) All owners who desire to rent their homes must submit an application (Appendix A) to the Board of Directors, providing the terms of the proposed lease/rental agreement. The application must be a form approved by the Association. A fee of $100.00 will be charged to submit the application.
(b) Properly completed applications shall be received on a “first come, first served” basis by the Board. The names of the Owners so received will be entered on a list in consecutive order, (the Rental List). The ‘Rental List” shall consist of homeowners of currently rented or leased homes plus those approved who are within 60 days of renting or leasing their home.
(c) Owners that are eligible to seek a tenant shall be notified in writing by the Board.
(d) If consent is granted for a rental or lease by the Board, the Owner may then rent his or her home (there is a 60 day window, per (e) below while this permission remains in effect). Under no circumstances will the total number of members included on the ‘Rental List” who either have an existing rental/lease or permission to execute a rental/lease agreement in effect exceed four (4). Once the limit of four (4) is met, members who petition may request that their names be placed on the list to maintain their status on a waiting list of those wishing to rent or lease. An owner with an existing rental arrangement at the adoption of this Rental Procedure may maintain the rental arrangement, and it shall be counted towards the maximum of four (4) permitted hereunder. If the Owner fails to submit a properly completed application on a timely basis, or if consent is denied, then the Owner will be disqualified and the Owner’s name will be placed at the end of the Rental List. An Owner whose application to rent is disapproved shall be notified by the Board via first class mail and certified letter.
(e) Once leasing approval has been granted by the Board, the Homeowner shall have sixty (60) days within which to lease the home. In the event the home is not leased within the 60 day period, leasing authority shall be automatically revoked. Leasing of a home within sixty (60) days of granting of leasing approval shall be deemed to occur if the home is occupied by a tenant within the 60-day period, a signed lease agreement and a signed Acceptance of Responsibility document has be submitted to the Board.
(f) In all circumstances an Owner must be in ownership and residence in the proposed rental for at least three (3) years before he or she may qualify to be placed on the Rental List. An Owner may only rent their home for a period of two (2) years. At that time the Owner must either sell the home or maintain residence again for a period of three (3) years. An Owner of multiple homes shall not be permitted to rent other homes if he or she already rents one home.
(g) Any lease or rental agreement must be for a term of not less than one year or twelve months. No homeowner shall be permitted to lease their home for transient or hotel purposes. No subleases are permitted. Copies of all signed lease/rental agreements and the Acceptance of Responsibility shall be delivered to the Association’s Registered Office before tenancy commences.
(h) At the sole expense of the homeowner leasing their home and prior to the letting of the home, the Owner must provide the Board of Director with proof that a criminal background check on the prospective lessee has been performed by a reputable resource or screening service and that the information obtained has been deemed satisfactory
(i) The Association is authorized to impose an administrative charge of 50% of the annual assessment per year (The charge is due and payable on the date the rental or lease commences and the annual anniversary thereafter. The amount will be based on the assessment for the year that it became due.). Violations of this agreement or other Covenants, Conditions and Restrictions (CC&Rs) may result in additional fines, litigation or other appropriate enforcement relief against the owner. Nothing herein shall be construed to be in limitation of the Association’s remedies against the Owner. The election to impose an administrative charge under this Rental Procedure shall not preclude the Association from any other remedy under the law or under the CC&Rs. Administrative charges are payable on demand as an additional assessment.
(j) Prior to signing any lease or rental agreement, it shall be the responsibility of the Owner to deliver to the tenant copies of the latest versions of all Association governing documents, i.e. the Association’s Covenants, Conditions and Restrictions (CC&Rs), Bylaws and the Rules and Procedures of the Architectural Control Committee. The Owner and Tenant must also sign an Acceptance of Responsibility document and return said document to the Board of Directors at the commencement of the lease. This document outlines the following:
§ Landlords must provide a set of the latest versions of the governing documents to renters before they move in.
§ CC&Rs and rules must be a condition of all rental agreements.
§ Landlords are held accountable for renter infractions.
§ Renters must communicate requests to the HOA through the landlord.
§ Board may demand termination of a tenant with serious or chronic rule violations.
§ Landlords must provide a copy of each rental agreement to ensure compliance with the HOA’s Landlord’s Standards and for emergency contact purposes.
(k) Any provision set forth in this Rental Procedure, which is now, or in the future becomes, contrary to local, county, state, or federal laws shall be considered void and as if it were not set forth herein, but all other provisions of the Rental Procedure shall remain in full force and effect.
7. Materials to be permitted as roofing in addition to cedar shake and tiles. {Added by Board action on September 12, 2007} Section 6.2.2 of the CC&Rs dealing with building materials originally limited the options for roofing materials to either cedar shakes or tiles. By affirmative vote of greater than a 75% majority of association members an Amendment 4 to the CC&Rs was approved and recorded on August 27, 2007. This amendment changed the sentence in Section 6.2.2 that gives approved roofing materials so that it now reads, “Roofing materials must be cedar shingle, shake, tile, or certain specific brands of fiberglass architectural shingles as the Board may from time to time designate by rule as being appropriate” In addition to cedar shingle or shake and concrete tile, the following materials are approved as roofing materials.
7.1. CertainTeed Presidential TL {approved by Board action, September 12, 2007}
7.2. From manufacturer GAF, products ‘Grand Sequoia’ and ‘Grand Canyon’. {approved by Board action, July 3, 2012}
7.3. From manufacturer CertainTeed, product Presidential (2 ply, as opposed to TL which is 3 ply) {approved by Board action, August 24, 2012, posted in minutes of August meeting}
7.4. From manufacturer, PABCO, ‘Paramount Advantage’ in any of the colors listed here; antique black, pewter gray, oakwood, weathered wood, cedarwood and driftwood. {approved by Board action, March 3, 2014, posted in minutes of March 2014 meeting}
7.5. From manufacturer GAF (limited approval), the product ‘Lifetime Timberline Natural Shadow’ approved for sheds, pool covers and other outbuildings but not primary house structure. {approved by Board action, August 5, 2014, posted in minutes of August 2014 meeting}
7.6. From manufacturer Owens Corning, the product 'Woodcrest'.
Appendage #1 (includes sections 8-14 Approved by Board action May 5, 2009)
Purpose: This document is presented as a set of rules but its specific purpose is to clarify some of the rules or procedures listed in the Declaration of Covenants, Conditions, Restrictions and Easements(the “CC&Rs”), not to establish additional rules. Section 3.7 of the CC&Rs defines the nature of and procedures of the Architectural Control Committee (the “ACC”) and Section 6 gives the specific use covenants, conditions and restrictions. The rules contained herein are added or removed by Board action or majority vote of a quorum of members with voting rights. Should any portion of this document contradict the CC&Rs, the Articles of Incorporation, Snohomish County code or the Revised Code of Washington, this document is subordinate. This document appends the current Rules and Procedures of the ACC document that has paragraphs 1 through 7.1. The ACC has developed the following Rules and Procedures because it has come to their attention that Article 6 and its Sections of our CC&Rs need some minor clarification so that Homeowners, the ACC and the Homeowners Association (HOA) Board can have the same interpretation when reading them. The reason for the clarifications is that over time things such as technology and building materials change to the point that they raise questions as to whether or not they should be allowed.
8. Holiday Decorations. Section 6.12 of the CC&Rs state that it is the Owners responsibility for all maintenance, upkeep, and repair of individual Lots and homes and that Owners shall maintain their Lots and home is good repair and in clean, slightly, and sanitary condition at all times. That the Owner is obligated to keep their Lot and home in that condition in a manner comparable to that on the other Lots in Gold Creek 2A. So that our neighborhood presents itself in such a manner as to not be unsightly and therefore cause it or portions of it to appear run-down the following apply:
8.1. All holiday (Christmas, Easter, Halloween, etc.) decorations are to be removed from the Lot’s structures (home, sheds, etc.) and yard no later than 30 days after the holiday.
8.2 An Owner can display a seasonal flag and one other appropriate flag such as a college flag, etc.
8.3 All decorations and flags must be in good taste and maintained in good repair.
9. Obstruction Free Sidewalks. Section 6.12 of the CC&Rs state that it is the Owners responsibility for all maintenance, upkeep, and repair of individual Lots and homes and that Owners shall maintain their Lots and home is good repair and in clean, slightly, and sanitary condition at all times. That the Owner is obligated to keep their Lot and home in that condition in a manner comparable to that on the other Lots in Gold Creek 2A. Sidewalks that have obstructions can cause accidents, possible injury to pedestrians and prevents individuals with disabilities that use mobile devices and/or other medical devices such as crutches from being able to use the sidewalk. So that our neighborhood presents itself in such a manner as to not be unsightly but gives the appearance of a clean, safe and ease of travel for those with disabilities, the following apply:
9.1. Owners are to ensure that their sidewalk located in front of their home adjacent to the street is properly maintained and always kept free from obstructions to allow for safe pedestrian traffic.
9.2. Obstructions include but not limited to items such as; mobile basketball hoops, vehicles, etc.
9.3. The exception is during garbage collection days when the Owner is instructed to put their containers on the sidewalk for pickup. Owners may place the containers on the sidewalk the evening before the day of pickup and must remove them the evening of the day after the pickup. Refer to Section 6.7 for additional information concerning Garbage.
10. Attached Items/Fixtures to the Lot’s Structures. Section 6.2 of the CC&Rs state that no exterior addition to or change or alternation therein be made until after the details and written plans and specifications are submitted to and approved in writing by the ACC. This clarification is needed to provide details about what is meant by an Attached Item/Fixture whether or not it is in the mind of the Owner a permanent or temporary attachment. It is also supported by Section 6.12 that states Lots be maintained in a manner comparable to that on the other Lots in Gold Creek 2A.
10.1. Any item/fixture to be physically attached to a Lot’s structure (home, sheds, etc.) must have prior approval from the ACC. A request for attaching the proposed item/fixture must be submitted to the ACC and clearly state what is the item/fixture, its use and how it will be attached.
10.2. This applies to items/fixtures that are of permanent (to be left attached even when the Homeowner is going to sell their home and/or until the item needs to be replaced due to maintenance) and temporary (items/fixtures that the Homeowner wants attached but plans to remove them in the future) in nature.
10.3. Examples (not an exclusive list) of this type of items/fixtures are a basketball hoop, TV dish antennas, awnings, patio covers, etc.
11. Fence Colors. Section 6.2.3 of the CC&Rs state that all fences, open and solid are to meet the standards set by the ACC and must be approved by the ACC prior to construction. Section 6.12 of the CC&Rs state that Owners will maintain Lots and homes in a clean and attractive appearance comparable to that of other Lots in Gold Creek 2A. Therefore, to prevent unsightly multicolor fences being able to be viewed from the street the following applies:
11.1. When repairing an existing fence or installing a new fence portion on the Lot where there is and existing adjoining fence, the color of the repaired or new portion will match the existing adjoining fence color if the existing adjoining fence is painted or stained.
11.2. The one exception to this rule is if the new portion is visible from the street and is adjoined to the house (example is a wood gate), the color of the new portion can be either the same as the existing adjoining fence color or the color of the house or the color of the house’s trim.
11.3. Regardless, for new fence portions the Owner must submit a request to the ACC for approval of the fence type and color prior to installation.
11.4. If the existing adjoining fence is one that is not painted nor stained, then the new portion to be installed does not have to be painted nor stained because over time the new portion will weather and take on the color of the existing adjoining fence thus blending in.
12. TV Dish Antennas. Section 6.11 of the CC&Rs is very clear on the placement of antennas and service facilities. This clarification will prevent unsightly antennas being installed in violation of Section 6.11 when they could have been installed in a location not visible from the street in front of said Lot. Also, it clarifies the TV dish antenna in that technology has caused a changed the size of TV dish antennas. In the first years of satellite TV antennas, they were so huge that they couldn’t be mounted on the roof or side of a house. Those type antennas are almost obsolete now in that they are not being manufactured for the typical home installation. To clarify this Section the following applies:
12.1. The new type small dish TV antenna can only be installed on the roof or any other part of the structure that can be seen from the street if that is the only location that will allow for adequate reception.
12.2. When a Owner is going to install or have installed a TV dish antenna, the installer has to document and submit to the ACC that the only place the antenna can be placed to have adequate reception is in a place that violates Section 6.11 and must be submitted to the ACC for approval prior to the installation of the antenna.
13. RV, Trailer and Boat Storage and Covers. Section 6.6 of the CC&Rs state that no storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from the street or from any Lot. See Section 6.6 for further information and exceptions. This clarifying rule helps to keep the neighborhood looking clean and attractive and in a manner comparable to that on the other Lots in Gold Creek 2A in accordance with Section 6.12. It will prevent unsightly covers such as the blue tarp and other colors from detracting the neighborhood thus causing a possible loss of property value or loss of property sale due to appearance. To clarify this Section, the following applies mainly to RVs, trailers and boats but does not exclude the other items listed in Section 6.6:
13.1. A written plan is required to be submitted for prior approval from the ACC for any Owner planning to store/park any of the items listed in Section 6.6 such as RVs, trailers, and boats. The plan must include all property modifications to accommodate the storage/parking of the item including but not limited to; new pavement, new fence, new gate, new gate in existing fence, and the addition of any structural elements to protect or screen the item.
13.2. If Owner plans to cover the RV, trailer, boat or other item, when it is visible above a 6 ft fence, from the street, or from an adjoining Lot, the color of the cover is to be compatible with the house color meaning the same as the house color or some earth tone color that doesn’t clash with the color of the house. Cover colors such as vinyl blue tarps are not allowed.
14. The United States Flag. There are many books, pamphlets and other references concerning the display of the U.S. Flag. Below is a website that is very concise and easy to read for understanding the proper display protocol of the U.S. Flag. Also, the Gold Creek 2A website has the latest PDF document that can be downloaded titled: CRS Report for Congress – The United States Flag: Federal Law Relating to Display and Associated Questions updated July 5, 2007. The governing federal law for displaying the U.S. Flag is United States Code (U.S.C.) Title 4. The website for additional information is: http://www.law.cornell.edu/uscode/uscode04/usc_sup_01_4_10_1.html