Elliott Farms’ Home Owners “Compliance Rules & Regulations”

Date Enacted: March 23rd, 2004

 

 

Mission Statement:

Assure that homes and properties in the Woodward and Gables Neighborhood are maintained to ensure that monetary values remain high and that our Neighborhood continues to be a premier place to live.

 

Guiding principles:

1.      In all cases homeowners and the homeowner association should always work together to resolve issues.

2.      The following rules and regulations should only be acted on after the issue has been discussed with homeowner and the homeowner does not take action to address and resolve the issue.

3.      These rules and regulations are intended to promote homeowner accountability.

 

 

Rules and Regulations:

 

Aesthetics

 

I.                    Introduction

Article 3, section 3.5.2 of the Declaration and Covenants, Conditions, Restrictions, Easements and Reservations For Elliott Farm clearly states:  “Each owner shall, at the owner’s sole expense, keep the interior and exterior of the Structure on the Owner’s  Lot, as well as the Lot, in a clean and sanitary condition, free of rodents and pests, and in good order, condition and repair and shall do all redecorating, painting, landscaping, and maintenance at the time necessary to maintain the appearance and condition of the Structure and Lot.”

 

All exterior areas must be consistently maintained.

 

II.                  Aesthetic Categories

 

                1.  Yard Maintenance – Lawns must be mowed/maintained, trees and

shrubs pruned, dead limbs removed, planters weeded.  Woodpiles, leaf piles, other debris and trash must be removed and not be visible from the street at any time. Moss must be removed from driveways and walkways.

 

               2.  Home Exterior Maintenance – Paint and/or stain on each structure

                         (house, fence, deck, etc.) must be uniform in color, and without

                         significant fading, cracking, or peeling.  Roofs must be kept free of

                         extensive moss.

 

3. Holiday Decorations- Christmas lights and other holiday displays must be

             removed from view within thirty (30) days following the holiday occurrence.

 

 

III.                Infractions

 

Once an infraction has been reported by an individual homeowner, confirmation will be determined and the violating homeowner will be notified in writing. If, after receiving two written notifications from the Home Owner Association the issue is not corrected in a timely manner, fines will be assessed according to Section IV.

 

     At the Board’s discretion, legal action may be taken against the violating homeowner at any point once a violation has been confirmed.  Additional fines will continue to be assessed while the legal action is in process if the homeowner continues to violate the declaration.  All legal expenses associated with the enforcement of this declaration may be assigned to the violating homeowner.

 

    The opportunity to appeal the Board’s decision is available under Rules and

    Regulations on “Appeal Process”.

 

IV.                Fines

 

A.  Yard/Exterior Home Maintenance

1)       With third registered letter – $50 fine

2)       $10/day fine will be implemented two weeks after third registered letter if homeowner has not resolved infraction.

 

B.  Holiday Decorations – A fine in the amount of $10/day may be assessed

to any homeowner who, after receiving two written notifications of the non-compliance, remains in violation of this declaration.

 

V.                  Rule Enforceability

 

If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the rule.

 

 

Animals

I. Introduction

Article 3, section 3.5.6 of the Declaration and Covenants, Conditions, Restrictions, Easements and Reservations For Elliott Farm requires that each homeowner shall not keep animals under conditions reasonably objectionable in a closely built up residential community.

II. Excessive Noise

Repeated and/or regular excessive barking by a homeowner’s dog(s) may be considered to be reasonably objectionable by neighbors. Dog owners will take all necessary steps to limit excessive noise generated by their pets, especially between the hours of 9 P.M. and 8 A.M. Failure of a homeowner to comply may result in the imposition of fines listed in Section VI.

 

III. Leashes

Consistent with King County ordinances, within Elliott Farms, all dogs must be leashed while not on the owner’s property. It is the responsibility of each homeowner to ensure that their dog or cat does not run free within Elliott Farms. Unleashed pets will be reported to the Humane Society and their owners may be fined as listed in Section VI.

IV. Scooping

It is the responsibility of each Elliott Farms’ homeowner to properly dispose of the fecal waste generated by their dog or cat.

  1. While the dog is on the homeowner’s property, the homeowner must collect and dispose of any fecal waste generated by the dog in a timely manner so that neither the aroma nor the appearance is offensive to other Elliott Farms’ residents.
  2. While the dog is off of the homeowner’s property and within the Elliott Farms’ residential area, the homeowner is responsible for the immediate clean up of their dog’s fecal droppings. To that end, each homeowner will carry with them, some type of device (plastic bags, pooper-scooper, shovel, etc.) for cleaning up after their dog. Leaving the site of the dropping without collecting the fecal matter is a violation of this rule whether on another homeowner’s property, park, or on an Elliott Farms’ sidewalk.

Failure to comply with Subsection A or B of this Section is a violation of the rule and the homeowner may be fined as listed in Section VI.

V. Infractions

Once an excessive noise, leash, or scooping infraction has been reported by individual homeowners the violating homeowner will be notified in writing. If after receiving two written notifications from the homeowner association the issue is not corrected in a timely manner fines will be assessed according to Section VI.

At the Board’s discretion, legal action may be taken against the violating homeowner at any point once a violation has been confirmed. Additional fines will continue to be assessed while the legal action is in process if the homeowner continues to violate the rule. All legal expenses associated with the enforcement of this Rule and Regulation may be assigned to the violating homeowner.

The opportunity to appeal the Board’s decision is available under the Rules and Regulations on "Appeal Process".

VI. Fines

Fines for excessive noise, leash, or scoop violations may be imposed at the following rates:

    1. With third registered letter $25 fine.
    2. Second Offense - $25 fine
    3. Third Offense - $25 fine
    4. Fourth and all Subsequent Offenses - $50 fine

VII. Rule Enforceability

If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the rule.

 

Architectural Control

  1. Introduction

Article 3, Section 3.2 of the Declaration and Covenants, Conditions, Restrictions, Easements and Reservations For Elliott Farm clearly states No Structure shall be Constructed or caused to be constructed on any Lot unless the Plans for the Structure have been approved in writing by the Board in its capacity as the Architectural Control Committee. …".

  1. Architectural Control Categories
    1. Paint – Exterior paint on homes must be harmonious with the other homes in the subdivision. All homeowners who wish to change existing exterior color, or repaint existing exterior color, must submit color schemes to the Architectural Control Committee for approval prior to the work commencing.
    2. Fencing – Fencing material and plans must be submitted to the Architectural Control Committee for approval prior to the work commencing.
    3. Decks, Patios, Sheds, Toy Sets & Roofs – Construction plans, color schemes and a description of the deck/roofing materials must be submitted to the Architectural Control Committee for approval prior to the work commencing.
      1. Roofing and re-roofing materials currently approved are: composition roof with a 25-year life.
      2. Roofing materials other than those currently approved must be submitted with sample and explanation for consideration.
      3. Reroofing is recommended by the ARCHITECTURAL COMMITTEE to be installed only by a professional skilled trades person.
    4. Remodeling – On any outside remodeling project, construction plans and a description of materials to be used must be submitted to the Architectural Control Committee for approval prior to the work commencing.
    5. Air Conditioning units and Satellite Dishes- Installation plans must be submitted to the board. Owner must locate the unit discretely and when required the unit must be screened from view.
  2. Infractions

Once a homeowner has committed an infraction by failing to obtain a written approval from the Architectural Control Committee prior to the commencement of work and has been notified in writing twice without providing a resolution to the Home Owner Association, the homeowner maybe assessed fines according to Section IV and required to:

      1. Repaint their home with approved color schemes.
      2. Remove fencing in its entirety from the property.
      3. Remove and/or replace deck/roof in its entirety.
      4. Restore remodeling changes to the original condition.
      5. Amend air conditioner or satellite dish installation.

At the Board’s discretion, legal action may be taken against the violating homeowner at any point once a violation has been confirmed. Additional fines may continue to be assessed while the legal action is in process if the homeowner continues to violate the declaration. All legal expenses associated with the enforcement of this declaration may be assigned to the violating homeowner.

The opportunity to appeal the Board’s decision is available under Rules & Regulation on "Appeal Process".

   IV.            Fines

    1. Nonrecurring – A fine in the amount of $100 may be incurred by any homeowner who fails to obtain written approval from the Architectural Control Committee prior to commencing work on categories listed under Section II.
    2. Daily Fine – Following notice of the infraction and the initial $100 fine, the homeowner will have thirty (30) days to remedy the infraction as directed by the Architectural Control Committee.

Beginning on the thirty-first (31) day following the notice, additional fines may be incurred by the homeowner in the amount of $50 per day. This daily fine may continue until 1) the Architectural Control Committee received a signed document by the homeowner stating the homeowner’s intent to correct the violation, and 2) the work is completed to the satisfaction of the ACC.

  1. Rule Enforceability

If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the rule.

 

Vehicle Parking

I.  Introduction

Article 3, Section 3.5.4 of the Declaration and Covenants, Conditions, Restrictions, Easements and Reservations For Elliott Farm states “No commercial-type trucks, campers, trailers, motor homes, boats or motorcycles shall be parked or permitted to remain on any Lot…..”

Vehicles that are in violation are:

  1. In state of disrepair and the factors which will be considered include without limitations, flat tires, on stands, significant amount of foreign material (moss, pine needles, bird dropping, etc) on vehicle or;
  2. In long-term storage and the factors which will be considered include without limitations, having expired license plates and/or are covered with a material/tarp that makes them inoperable as they stand.

 

 

          II.  Infraction

Once an infraction has been reported by an individual homeowner, confirmation will be determined and the violating homeowner notified in writing. If after receiving two written notifications from the Home Owner Association the issue is not corrected in a timely manner, fines will be assessed according to Section III.

At the Board’s discretion, legal action may be taken against the violating homeowner at any point once an infraction has been confirmed. Additional fines will continue to be assessed while the legal action is in process if the homeowner does not comply with the declaration. All legal expenses associated with the enforcement of this declaration may be assigned to the violating homeowner.

The opportunity to appeal the Board’s decision is available under Rules and Regulations on "Appeal Process".

III.   Fines

Fines for violation of the parking/storing of a vehicle will be imposed at the following daily rates:

    1. With third registered letter - $50 fine
    2. $10/day fine will be implemented two weeks after third registered letter if homeowner has not resolved infraction.

 

        IV.  Rule Enforceability

          If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the rule.

 

Recreational Vehicles

I.                    Introduction:

 Article 3, Section 3.5.4 of the Declaration and Covenants, Conditions, Restrictions, Easements and Reservations For Elliott Farms describes the visible parking/storage of recreational vehicles (RVs) within Elliott Farms is in violation of this declaration and is strictly prohibited.

Recreational vehicle is defined as any trailer, boat, motor home, recreational vehicle, camper, or any recreational vehicle or trailer used for recreational purposes, …including golf carts and utility trailers.

In order to encourage compliance with these declarations, the following rules have been established.

 

 II.                  Permissible RV Parking:

 A. Homeowners may park a RV on their property or the street adjacent to their property, for a period not to exceed 48 hours for the purpose of loading/unloading, and/or cleaning, but not parked blocking neighbors’ driveways or emergency vehicle access.

No board approval required.

Total time period shall not exceed seven (7) days per quarter

RVs that remain longer than 48 hours will be in violation of this declaration and subject to fines, unless extended as defined in Part B.

Request for exceptions must be submitted in writing to the Elliott Farms’ Home Owners Association.

B. An RV may be temporarily parked on the homeowner’s property or on the street adjacent to the same for longer than 48 hours, provided:

      a.       A written request is provided to the Association prior to any such parking.

b.       Confirmation is issued to the homeowner by the Association.

c.       Requests for RV parking do not exceed seven (7) days per quarter.

 In order to ensure a timely approval confirmation, the written request must be received by the Association no less than seven (7) calendar days prior to the arrival of the RV, and must contain the following information:

    1. Name and address of the homeowner,
    2. Location RV will be parked.
    3. Both the arrival date and departure date of the RV,
    4. Description of RV
    5. Year, make, model, and license plate number of the RV,
    6. RV owner’s name and address,
    7. Signature and date of requesting homeowner.

 III.                Infractions:

Once a parking/storage infraction has been reported by an individual homeowner, confirmation will be determined and the violating homeowner will be notified in writing. If after receiving two written notifications from the homeowner association the issue is not corrected in a timely manner, fines will be assessed according to Section IV.

At the Board’s discretion, legal action may be taken against the violating homeowner at any point once a violation has been confirmed. Additional fines will continue to be assessed while the legal action is in process if the homeowner continues to violate the declaration. All legal expenses associated with the enforcement of this declaration may be assigned to the violating homeowner.

The opportunity to appeal the Board’s decision is available under Rules and Regulations on "Appeal Process".

IV.                Fines

 Fines for violation of these rules and regulations regarding the parking/storing of a recreational vehicle will be imposed at the following daily rates:

a.       With third registered letter - $50 fine

b.       $10/day fine will be implemented two weeks after third registered letter if homeowner has not resolved infraction.

V.                  Rule Enforceability:

 If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the rule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Appeal Process

I. Introduction

Any homeowner determined by the Board to be in violation of any of the Elliott Farms’ Homeowners Associations Bylaws, CC&Rs or Rules and Regulations may request a hearing to offer a defense to the imposition of violations and/or fines.

II. Hearing Request Procedure

The Homeowner must complete a written Request of Appeal, which shall be sent to the Elliott Farms’ Homeowner Association. The appeal request must contain the following:

    1. Homeowner’s Name and address.
    2. Homeowner’s reason and basis for an appeal.
    3. Homeowner shall present a copy of all supporting documentation.
    4. Homeowner shall present the names of any attending attorneys, witnesses or other collaborating guests.
    5. Homeowner shall sign and date Request for Appeal.

The Board President will assemble three (3) current members of the Elliott Farms’ Board of Trustees to act as a Review Board within seven (7) calendar days following receipt of a complete written Request for Appeal. The appealing homeowner shall so be advised of the receipt of the Request of Appeal.

The Review Board not later than ten (10) calendar days following the formation of the Review Board shall announce a hearing, which will take place on an evening, time and location to be determined by the Review Board.

The Review Board will permit the appealing homeowner up to thirty minutes to explain the circumstances of the appeal and provide grounds as to why the violation and fine should be waived, reduced or cancelled.

The Review Board, at the conclusion of the presentation, will adjourn to review the circumstances of the Request of Appeal as presented.

The Review Board will send a written notice to the homeowner as to the Review Board’s decision within seven (7) calendar days.

The Review Board, finding in favor of the appealing homeowner shall advise the homeowner as to whether the fines imposed are reduced, modify or waived. Any adjustment(s) shall be reflected on the homeowner’s account the following month.

The Review Board determining the explanation was inadequate to justify the reduction, modification or waiver of the violation and/or fines, the fines will continue to be assessed until paid in full even if the offending cause has been removed or corrected.

 

 

III. Collection of Fines

The Elliott Farms’ Homeowner’s Association will bill the offending homeowner the appropriate fines at the time in which they occur. If any unpaid fines remain outstanding after the assessment or adjudication more than 90 days, interest shall commence at the current published rate of 11/2 percent on the unpaid balance per month. If the fines remain unpaid, the Elliott Farms’ Homeowner Association may commence the filing of a lien for all outstanding fines and any unpaid assessments as of that date and if necessary seek foreclosure relief on the lien. All associated costs and attorneys fees will be assessed to the offending homeowner as provided in the Declaration and Covenants, Conditions, Restrictions, Easements and Reservations For Elliott Farm, Article 6, Section 6.2 Enforcement of Declaration, Etc.

IV. Rule Enforceability

If any portion of this rule is determined to be legally unenforceable, it shall not negate the enforceability of the remaining portions of the rule.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Guidelines for Handling Property Maintenance Non-Compliances:

1.     Upon receiving notification, determine if it is indeed a non-compliance with our CC&Rs and Rules & Regulations.

 2.   Personal visit to:

a.     Observe infraction.

b.      Meet with the homeowner to discuss the issue, develop a plan for compliance and determine a date for issue to be resolved.

3.     Visit the home to see if the compliance issue has been resolved based on verbal agreement.

A. If the issue has been resolved:

1) Contact the home owner and thank them.

2) Notify complainant of resolution.

B. If the issue has not been resolved:

            1) Obtain photo of what constitutes non-compliance and document issue.

2) Send first registered letter requesting correction, giving, in general, two weeks to correct.

4.     At the end of two weeks, revisit to determine is correction has been made and retake photo.

5.     If correction has been made, send thank you letter, notify the complainant, and close the file. 

6.     If correction has not been made, send second registered letter again requesting correction and again giving, in general, two weeks to correct.

7.     Redo step 4. above.

8.     Redo step 5. above.

9.     If correction has still not been made, send third registered letter again requesting correction and again giving, in general, two weeks to correct and implement a fine based on the appropriate fine schedule. (Note: This letter must have majority of Board of Trustee’s approval and be signed by the President.)

10. Redo step 4. above.

11. Redo step 5. above.

12. If correction has still not been made, turn copy of file over to Treasurer for billing of fines.

The Elliott Farms Home Owner Association retains form letters on computer. When a letter is needed, the original letter is mailed to the homeowner and a copy forwarded to the designated board member for logging into the correspondence.

The file on each non-compliant incident will include all pictures taken, date stamped, a copy of each letter sent and any correspondence received from homeowner.