I've notified many of you that we are very interested in your input on this document and we will be going over this at our HOA party this year also.
Please read over our Bordeaux Home Owners Association Rules and Regulations document and email us any recommendations.
Bordeaux Home Owners Association
Rules and Regulations
SCOPE
These Rules and Regulations apply to all owners, residents, tenants, their guests and their pets. It is the responsibility of all owners to notify all residents, tenants and guests of these Rules and Regulations.
If any conflict exists between these Rules and Regulations and the original Declarations,
Covenants, Conditions and Restrictions for the Bordeaux HOA, these Rules and
Regulations shall take precedence.
The Board of Directors of the community (Home Owners Association) shall hold the owners responsible for any and all actions of their residents, tenants, guests and pets thereof that are in violation of these Rules and Regulations.
GENERAL RULES
1. No business or illegal activity shall be conducted on the property exterior to the lot and no illegal business or illegal activity shall be conducted within the lot. No business shall be allowed on the premises that involve visible inflow or outflow of goods, services, customers or potential customers or that in any way affects the availability of rightful parking for other residents or the quiet enjoyment of their property.
2. All communications regarding the operation of the Bordeaux HOA and any concerns regarding the Rules and Regulations shall be directed to the Management Company.
3. Owners shall be financially responsible for any damage to their lot or other lot that is caused by the negligence or carelessness of themselves or other occupants or guests of their lot. Said damage shall include that caused by overfilling of bathtubs and sinks, clogged drains, leaking water beds, smoke or fire initiating in their lot, improper handling of hazardous materials, etc.
4. Activities by owners, residents, guests, pets and children that may cause damage to the landscaping or any common area shall be prohibited. Any such damage shall be the financial responsibility of the owner.
5. The responsibility for maintenance of and repairs to the interior of any Bordeaux HOA lot is that of the owner.
RULES ENFORCEMENT
A lot owner may be penalized for violation of the Community Rules and Regulations as now existing or as hereafter adopted, amended or supplemented. One warning notice shall be given. If the violation is not corrected within a reasonable period of time, as determined by the board, the penalty shall be $50.00. If the violation is repeated, the $50.00 penalty will be assessed immediately. Anyone who is an habitual offender (defined as committing three (3) or more incidents of a given violation) will be subject to Board of Directors action (higher fines imposed, legal action, etc.).
Procedure for assessment of a violation shall be as follows:
1. A violation of the Rules and Regulations must be submitted in writing to the Management Company of the Bordeaux HOA. The management Company's name and address is:
Attn: Geri Pentz
AcerNW (Samaras), Inc
5017 - 196th SW
Suite 103
Lynnwood, WA 98036
425-771-5756
425-778-8613 FAX ~
2. The Management Company will forward a copy of the alleged violation to the Board for investigation. If the violation is confirmed, the owner will receive written notice of the violation from the Board and/or the Management Company.
3. The first notice of violation will be regarded as a warning. If the violation is not corrected, a penalty will be assessed as stated above.
4. Each seven (7) day period during which the identified violation continues without correction may, at the Board's discretion, be assessed as a separate violation. The fact that the Board does not exercise its discretion for one violation does not negate the Board's right to apply it for subsequent violations.
5. The lot owner may appeal a penalty, in writing, to the Management Company within seven (7) days of the notice. The Management Company will forward a copy of the appeal to the Board which will then review the owner's written statement and may schedule a time for him/her to discuss the matter with the Board. The Board's decision on any appeal shall be final.
6. Penalties shall be assessed against the lot owner and will be collectible as delinquent assessments.
7. Any penalties assessed but not paid will be held as a lien against the property.
EXTERIOR APPEARANCE AND COMMON AREAS
1. Any proposed exterior changes which may visually affect the exterior appearance of your Bordeaux HOA lot must be submitted in writing to the Management Company for review and approval by the Board and Architectural Committee. Such exterior changes would include but not be limited to those proposed for the revision, replacement, or addition of fences, screen doors, lighting fixtures, antennae, decorations, planter boxes affixed to the deck, etc.
The Board may require any unapproved alterations to be returned to the original condition at the expense of the lot owner. All window coverings must appear white or off white when viewed from the exterior of the lot.
2. All lawns and landscaping must be maintained by the home owner. Grass must be kept below eight inches.
3. Potted plants on decks and patios must be contained within a planter that has a water catch basin in order to alleviate any damage to the decks/patios.
4. All painting and staining of exterior must first be approved by the Board and Architectural Committee unless it is the paint or stain of the same color and type.
5. Storage of gasoline or other hazardous, flammable materials on patios or decks is prohibited (does not apply to Propane in approved containers). Please remember that you will be held responsible for any damages that are due to improper storage or handling of hazardous materials on the property by you or any of your guests, tenants, or contractors.
6. Patios and decks are not to be used as storage areas. Items that may reasonably be left on rear patios and decks may consist of potted plants, barbecues, benches and patio furniture. Please do not leave bicycles, buggies, laundry, toys, weightlifting equipment, trash cans or any other unsightly gear in these areas.
7. Other than security system notices, no signs, notices or advertisements shall be inscribed or displayed in any way on or at any window, lot entrance door, or any portion of any building exposed to public view, nor shall anything be projected, or hung out of any window, or installed on or at any exterior position without written approval by the Board.
8. No occupant shall cause or permit any disturbing noise or disorderly conduct in their lot, or on the premises, or permit any acts that interfere with or prejudice the rights, comfort or convenience of other occupants. All residents shall schedule or perform repair work (removal, installation, remodeling, etc.), between the hours of 9:00 AM and 9:00 PM.
9. All landscaping and common areas shall be maintained and repaired as determined by the Board.
10. Planting of flowers and bushes is not permitted in the common areas, as some plants are inconsistent with the landscaping plans and require additional upkeep and care.
11. Additional landscaping policy information will be listed at the end of this document.
RULES FOR VEHICLES PARKING
1. All vehicles owned by residents or "Long-term visitors" and parked on the property must be registered with the Management Company. "Long-term-visitor" will be defined as a person who stays more than three (3) days out of seven (7) continuous days.
2. All vehicles parked in the Bordeaux HOA shall bear valid license plates and tabs and must be registered with the Bordeaux HOA management company. This will be due within 30 days of receiving the request from our management company; failure to notify us of the information requested will result in a violation. Please understand the Board would like to collect this information for safety purposes along with understanding which vehicles are allowed in our community.
3. All parking spaces in the Bordeaux HOA are restricted to use for parking of customary passenger motor vehicles only. No other types of vehicles or equipment or other items will be permitted in parking spaces. This restriction applies to boats, trailers, campers, motor homes, and any other recreational or business type vehicles. Oversized vehicles are allowed on the Bordeaux HOA property temporarily only for the purpose of moving in or out or for making deliveries or service calls to a lot.
4. No storage of vehicles shall be allowed. Vehicles parked for over fourteen (14) days without operating off the property will be considered stored unless the owner of the vehicle has notified the Board in advance.
5. No vehicle shall be parked in a common parking area in a manner that obstructs another vehicle or takes up more than one (1) parking space.
6. Illegally and improperly parked vehicles are subject to being towed away at the owner's risk and expense.
7. Vehicles which:
• Obstruct traffic or other parked vehicles without permission or;
• Present an immediate danger to life or property or; parked in front of any mailbox
• Are parked in another resident's parking space or garage without permission;
ARE SUBJECT TO IMMEDIATE TOWING WITHOUT NOTICE.
8. If a resident makes arrangements with another lot owner for use of the other lot owner's space, the Board must be advised, in writing, that an agreement has been reached between the parties and said agreement must be signed by all parties and a copy forwarded to the Management Company.
9. In other cases of improper parking, the property manager or a Board member shall post conspicuously a notice of violation on the vehicle or other item. This provides the violator an opportunity to be heard before the Board and notifies the violator that a repeated violation or failure to remedy a continuing violation within forty eight (48) hours will result in the vehicle being towed without further notice. If the vehicle owner files a written request for a hearing with the Board, prior to the expiration of the forty-eight (48) hour notice period, no further action shall be taken to remove the vehicle prior to a hearing with the Board, unless the vehicle presents a danger to life or safety.
10. Any vehicle parked or stored in violation of the provisions of these Parking Rules is subject to being towed or removed at the owner's risk and expense by the towing company that is designated by the Management Company.
11. Any other item that occupies a parking space in violation of these parking rules is subject to being removed at the owner's risk and expense by the contractor or waste management company that is hired by the Management Company for that purpose.
12. Vehicles with any company logo must be parked in a garage unless otherwise approved.
13. All recreational vehicles (atv, motorbike/ motorcycle, etc) need to be parked in garage at all times. No recreational vehicles are allowed to drive on our private roads. Please refer to the City of Everett guidelines for driving recreational vehicles on the public streets.
REPAIRS
1. Vehicles must be highway operable. No inoperable vehicles may be parked or stored in the Bordeaux HOA for more than 48 hours.
2. Minor work on residents' vehicles may be performed only in the resident's garage or in the resident's assigned parking stall. Work performed in the parking stall shall be limited to items which will not prevent the vehicle from moving under its own power within a 24 hour period. Maintenance shall be restricted to resident's vehicle only.
3. Vehicle fluid spills must be cleaned up immediately. Owners/residents are responsible for any oil leaks or other damage to the parking space caused by dropping of heavy items, fluid spills, or leaks from their vehicles and/or from the vehicles of their guests. If the vehicle owner does not maintain the parking space, the Owners Association will and the owner will be assessed for the repair.
4. Drained vehicle fluids may not be disposed of on the property. Pouring such fluids down the storm drain is not permitted. It is a violation of law to dump or allow antifreeze or other automotive fluids to enter the storm sewer and may result in a fine.
NOISE
1. To keep noise levels down and to prevent exhaust buildup, no vehicle shall be kept running for more than ten minutes.
2. Vehicles shall not be left running unattended.
3. Excessive vehicle noise from damaged mufflers, revving, etc., is not allowed.
4. Honking of horns within the Bordeaux HOA grounds is prohibited except to warn of imminent danger.
5. Car stereos are to be turned down while within the Bordeaux HOA complex. No "thumper" (excessive bass producing) systems shall be allowed to operate at objectionable levels as determined by any hearer.
6. Vehicular alarm systems must be desensitized to the point that:
• They are not set off by the passing by of other vehicles or by inadvertent non-metallic touching of the vehicle.
• The alarm does not continue for longer than a five minute period.
SPEED LIMIT
The vehicle speed limit within our private road common area is five (5) miles per hour. Special care must be taken, while driving, to watch out for cars leaving or entering parking areas and for children or other pedestrians (pedestrians will always be granted right of way). Speed bumps will be added if vehicles continue to speed through the common area private road.
PETS
1. Pet owners are financially responsible for all pet damage to grass, bark, shrubs and all other flora and fauna and/or improvements in the common area.
2. It is not the responsibility of the groundskeeper to remove dog or cat feces from the grounds. Pet owners are responsible for cleaning up the excrement of their pets from all common areas. If a resident pet owner is not compliant, the pet waste will be removed at the pet owner's expense.
3. No more than three (3) animals per lot will be allowed and all potentially dangerous animals must be registered with the management company and the City of Everett Animal Control.
4. All pets on the premises must be properly licensed. All City of Everett Animal Control laws shall extend to, and include, all common areas.
5. Pets are not to be left alone while outdoors. This includes staking them unattended with ropes, leashes and chains on patios, decks or any part of the common area.
6. Dogs in all locations besides the common areas must at all times be kept on a leash by an attendant.
7. Pet owners are expected to control any pet that makes frequent repetitive or continuous noise that disturbs or interferes with the peace and comfort of the other residents.
8. Pets that are poisonous or otherwise dangerous to people are strictly forbidden on the premises. Any animal that endangers the physical safety of a resident, guest, or outside contractor can be declared a nuisance, and, in such an instance the Snohomish County Animal control authority will be requested to remove the animal at the owner's expense.
9. Visiting pets are subject to the resident pet rules, with the resident being the responsible party for any damages that may be caused by the visiting pet.
10. Violation of these rules will result in no more than two warning notices. A third violation may be cause for permanent removal of the pet.
GARBAGE
1. All Garbage and Recycle bins must be placed in location adjacent to their lot unless otherwise specified by the Board. All lot’s with garages facing our common area park will be required to line up the recycle and garbage bins next to each other. We have signed a waiver to allow Waste Management to drive down our private road; damage has been caused by these trucks in the past so we ask that you please take all yard waist bins to the public road in the front of your home so as to minimize the amount of Waste Management trucks that drive through our private road.
2. The Waste Management Company will not pick up items left outside the trash receptacles. All trash must be placed inside the receptacles. Wet garbage and food products must be placed in plastic bags and securely closed and fastened prior to placing them in the trash receptacle for pickup.
3. All pet waste must be placed within a plastic bag prior to placing it in the trash receptacle.
4. To prevent spillage, cat litter must be enclosed in a plastic bag and tied before being placed in garbage containers.
5. Boxes and large items must be broken down and placed in the recycling bins.
6. No household items, furniture, mattresses, doors, etc. shall be left for pickup with the trash receptacles. These items must be taken to an off site disposal area.
7. All paint and hazardous materials are to be disposed of properly at a transfer station at the owner's expense. Do not put them in the trash receptacles.
8. Christmas trees shall not be placed in the trash pickup area except when a special pick-up has been scheduled for that day.
9. Cleanup of spilled trash in the area where trash is picked up is the occupant's responsibility.
OFFENSIVE ACTIVITYINOISE
1. Residents shall exercise reasonable care to avoid making or permitting to be made, any loud, disturbing or objectionable noise that is deemed a nuisance or interferes with the quiet enjoyment of other residents.
2. Residents shall refrain from using the washing machine, dryer, dishwasher or vacuum cleaners after 10:00 PM or before 8:00 AM.
3. Residents shall not have televisions or stereos operating loudly, especially after 10:00 PM or before 8:00 AM. They should never be excessively loud or disturbing. Special care should be taken when harm weather makes open windows a comfort issue.
4. No fireworks of any kind are allowed.
CHILDREN/PLAY AREAS
1. Bicycles, toys, roller-skates may not be left on walkways, entryways, driveways or lawns.
2. "For fun" bicycle riding, roller-skating skateboarding and other activities that pose a danger to persons or property are prohibited in the parking area.
3. Children must not be left unattended and may not play in parking areas, flowerbeds or around the mailboxes. Outdoor activities should be carried on with due respect for other residents.
SALE, LEASE, SUBLEASE OR RENTAL
1. In order to protect the interest of the homeowners and the integrity of the property, Community has limited allowable non-owner occupancy to 30% of the total number of lots (i.e. fifteen (15) lots)
2. One "FOR SALE or "LEASE" sign, not to exceed 24 inches square, may be posted on the interior window of a lot. The display of any sign attached to the exterior of the lot will not be allowed. In addition, one real estate post and sign (per lot being sold/leased) may be put up in the bark area between the mailboxes and the telephone/electrical pole that is 10 - 15 feet from the mailboxes. Signs should NOT be put in the grass area where the landscapers would need to mow around it. "When the sign is removed, the hole should be filled and the ground restored to its original condition. If desired, the existing permanent post may be used for a sign in place of putting up a real state post. Owners are required to inform their Real Estate Agents of these restrictions.
3. Owners are required to notify the Management Company of change of rental status and must (supply the name, address and phone number of the tenant and state the length of the lease.
4. Tenants must agree to rent the lot for a minimum of one (1) year, and owner must limit the term of the rental agreement to a maximum of 5 years.
5. All lease agreements shall be in writing.
6. Applications, the screening form and the credit report shall be submitted to the Management
Company for approval before the tenancy commences.
7. Owners who lease a lot must provide their tenant with a copy of the Bordeaux HOA Rules and Regulations.
8. Owners shall be financially responsible for any damage to the property caused by their tenants.
Owners are required to ensure that the lot, including all appliances, plumbing, wiring, lawn, etc. is properly maintained and in good working order. Rental of a lot does not constitute a waiver or relinquishment of the owner's responsibilities.
9. Serious or repeated violations of the Rules and Regulations by a tenant shall constitute grounds for eviction. If an owner fails to evict the tenant, the Board may evict the tenant at the owner's expense.
SECURITY AND SAFETY
1. All residents shall promote to the fullest extent possible the security of the complex, its buildings, common areas, and surrounding grounds by observance of the Rules and Regulations and the exercise of common sense for the common good.
2. All incidents of theft, vandalism and breaches of peace that a resident becomes aware of shall be reported immediately to the Everett Police Department and to the Management Company.
3. If an emergency situation arises that threatens the safety of a lot or otherwise interferes with the quiet enjoyment of your residence and must have attention immediately, call 911 first then notify the Management Company as soon as possible.
4. Our fireplaces are designed to burn natural gas and are not meant to be used as the primary source of heat for our lot. Do not place any other type of flammable material in them.
5. It is the responsibility of the owners to keep their fireplace vents, air inlets and firebox surrounds clean and free of combustibles outside of the firebox.
6. Outside lights are required to be on at night to enhance security.
ANNUAL DUES POLICY
1. Annual dues are collected each year on May 1st and should be received by the Management Company no later than the 15th day of that calendar month. Thereafter, payments shall be deemed delinquent and a late charge of $50.00 will be assessed.
2. the Bordeaux HOA owners whose annual dues are delinquent in excess of ninety (90) days will be subject to a lien filed by the Board against their property for the collection of delinquent assessments. In addition, the owner shall pay all costs and attorneys fees that are incurred by the Bordeaux HOA for the collection of said delinquent fees and any unpaid assessment or charge shall bear interest at the rate of 12% per annum from due date until paid:
3. If the owner is in default over ninety (90) days, and if the lot is rented, the Board may collect the rent due owner, and the delinquent assessments and all costs incurred shall be deducted from the rent and the balance returned to the lot owner.
BORDEAUX HOA COMMUNICATION PROCESS EMERGENCIES
If you have an emergency that requires police, fire, or medical assistance, call the appropriate authority, and then report the incident to the Management Company immediately. If you are not sure who to call dial 911.
PARKING DIFFICULTIES
If an unauthorized vehicle is parked in or blocking access to the garage assigned to your lot and you are unable to locate the owner to move it, call the Management Company and they will have the vehicle towed. The towing company will tow only at the request of the Management Company.
NON-EMERGENCIES AND MAINTENANCE
When you see something that needs to be corrected, please correspond with the Management Company in writing.
SUGGESTIONS OR COMMENTS
Mail your suggestions, comments and non-emergency requests to the Management Company.
ON-SITE PERSONNEL OR VENDORS
Employees, personnel or vendors are to be directed by the Management Company only. If you observe procedures that need correcting, please notify the Management Company in writing.
GRIEVANCE COMMUNICATION PROCESS
If you are disturbed by the actions of other residents, you may wish to make a personal contact with the offending party to make them aware of the situation. In most cases, a friendly reminder resolves the situation.
If the grievance is not rectified after talking with the other party, you may submit a formal Grievance in writing to the Management Company. It will then be forwarded, by the Management Company; to the Board for action (It is important to keep a copy for your own records). State your concern and include supporting information if available. The Board will discuss your concern at its next scheduled meeting. You will receive notice of the Board's decision and, if appropriate, a notice of any action that will be (or has been) taken. Remember that it is not helpful or effective to complain to other homeowners. This will only spread rumors and destroy morale. Please do not call upon Board members directly. The Management Company has been hired to manage the affairs of Community.
SEASONAL
1. Lighting of fireworks of any kind (this includes sparklers and other so-called "safe and sane "fireworks) is prohibited on property. This is in order to insure the safety of all vehicles and property from damage. Anyone in violation of this regulation shall be subject to a fine and shall bear the responsibility for any resulting damages. Parents, be advised that you are responsible for the actions of your children.
2. In the event of snow and/or ice, the Board urges you to use common sense and refrain from attempting to drive your vehicle if it is not equipped for safe operation in extreme weather. As you are aware, there is a strong potential for serious accidents if due caution is not exercised. In the event of accidents, drivers will be held liable for any damage to vehicles as well as other personal property and property owned the Bordeaux HOA.
3. Christmas lights and decoration are required to be removed by January 31st each year.
YARD CARE AND MAINTENANCE
Lawn mowing, edging, trimming, leaf-raking, and fertilizing will be performed by the owner, in accordance to the specifications below:
1. Dead Tree/Shrub Removal should be performed at least once a year, together with tree and shrub pruning.
2. Fertilizer should be applied to the lawn at least once a year preferably in accordance with the lawn care guidelines provided in the Appendix A.
3. Weed control should be performed at any point in time when the weed content to grass content gets over 3 percent. The weed control can be performed by manually picking the weeds or by using environmentally safe chemicals. Again, please refer to the Appendix A for more information.
4. Both front and back lawns will be mowed regularly to maintain the proper appearance. The property management company will send a letter warning the owner of the overgrown lawn. In addition to the front and back lawns, the strips of the grass between the walkway and the street directly in front of the lot are the owners’ responsibility. The owners should treat those patches of grass with the fertilizer and weed controls just as they would their own lawns. The landscaper will however do the mowing, so the owners do not have to mow the strips.
If the owner is failing to meet the yard appearance specifications a written notice will be sent to warn the owner of this situation. If the owner does not heed to the warning letter the board will hire, at owners expense, the professional yard maintenance company to perform the tasks needed to get the yard back to the community standard.
These Rules and Regulations are an enhancement of the Homeowners Association Declarations and Bylaws. In case of any conflict, these Rules and Regulations shall prevail.
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