MEADOW LAKES HOMEOWNERS ASSOCIATION www.meadowlakeshoa.com COMMUNITY HANDBOOK with RULES and REGULATIONS APRIL 2008
Dear Meadow Lakes Homeowner: On behalf of the Meadow Lakes Homeowners Association, Inc. and as Managing Agent for the Association, we wish to welcome you to the Meadow Lakes Community. We are pleased to present you with this Community Handbook. It has been prepared for you to provide helpful information and acquaint you with the procedures, rules, regulations and policies established by your Board of Trustees. Please keep this book for future reference. Revisions will be provided as needed. Use the Meadow Lakes HOA website (www.meadowlakeshoa.com) for your community information and communications needs. Register at the ‘Get Connected’ link to receive automatic news and information updates. This website is brought to you free of charge thanks to its Sponsors. Keep them in mind when you need goods or services and let them know you saw their ad on the site. As your Managing Agent, we are always available to answer questions or to help solve problems that you might have with matters that pertain to the operation of your Association. Sincerely, Barry Barnett, President Meadow Lakes Homeowners Association TABLE OF CONTENTS PAGE 2…………………………………………………………………What is a Community Association? WHAT IS A COMMUNITY ASSOCIATION? A Community Association is a group of owners who wish to provide a communal basis for preserving, maintaining and enhancing their homes and property. As a member, he/she has a voice and vote in the Association’s affairs. These votes are cast during annual or special meetings of the general membership. The Community Association is an incorporated, nonprofit organization operating under recorded land agreements. These recorded documents are available to all owners prior to purchasing a home. Each member is subject to a charge for a proportionate share of expenses for maintenance of common property and support of other necessary activities of the organization.
WHAT DOES IT DO? The major responsibility of the Association is to protect the investment and enhance the value of the property owned by the members. This is done by providing for the physical maintenance and operation of the shared property. The Association has other responsibilities, such as, enforcing the master regulations and architectural controls, and setting up an effective communication system among members. To ensure that the Association is a well-run organization, a professional management firm has been retained by your Board of Trustees as an integral part of the operation of the Association. The professional management staff of Barnett Management, Inc. (also known as Managing Agent) will facilitate the day-to-day operations of the Association. Specifically, the Managing Agent maintains the Association’s finances, oversees its contractors, prepares and distributes an annual and reserve budget while interfacing with the homeowner community. THE COMMUNITY ASSOCIATION IS A BUSINESS No matter what role you play in the Association, one thing is certain; you will want it to operate as smoothly and efficiently as possible. The most important thing to remember about a Community Association is that it is a business. To be successful, it must be operated like one. ASSOCIATION LEGAL DOCUMENTS The legal documents of an Association are:
RESERVE ACCOUNTS The Reserve Account is the Association’s way of setting aside money for future repairs and replacements. Each year, certain parts of your assessment are to be set-aside in a special interest-bearing account to plan for the replacement and repair of the common areas. This helps to protect and preserve property values. This is included in the overall budget for the Association. Reserves are evaluated each year and adjusted to reflect inflation and changes in the common areas. Your ability to sell your home can be influenced by the adequacy of, or non-existence of, Reserves set aside by the Association. Primary lenders consider Reserves for future needs a key part of a good financial policy and can consequently be more receptive to lending money in communities with a good, established Reserve Account policy. Reserves do, therefore, directly affect the resale value in Associations. ROLES AND RESPONSIBILITIES 1. OWNERS 2. BOARD OF TRUSTEES
3. MANAGEMENT COMPANY
LIFESTYLE SECTION The Lifestyle section of Meadow Lakes consists of Ryan Homes that are bound by the same Assessments, Covenants, Rules and Regulations as all of the Meadow Lakes community. The primary difference is that the Lifestyle owners pay a monthly maintenance fee that covers their lawn care, fertilizing, mulch and snow removal. There are Lifestyle specific Design Guidelines in addition to the general guidelines that must be followed. No perimeter fences are allowed to ensure that the maintenance crews can access the yards. Each home has exterior stonework and a front yard lamppost. Owners must maintain a consistent color scheme as defined by the Developer, including the roof color. Other restrictions are no pools, basketball hoops, play equipment, or sheds.
RESALE OF YOUR HOME When you decide to sell your home either by Owner or through a Realtor, you transfer the property plus the responsibilities of your membership in the Association. You do this by providing the new owner with the Association Documents and by contacting the Managing Agent to inform them of the new owner. The new owners’ mortgage company is required by law to contact the Management Company before closing to receive a resale statement as to the status of the current homeowner regarding assessments or liens. In addition, the new owner’s mortgage company must contact the Management Company immediately upon closing to inform them of the new owners. Meadow Lakes Homeowners Association ASSESSMENTS POLICY The Documents of the Meadow Lakes Homeowners Association establish Base Assessments for the purpose of the payment of the Common Expenses of the Association. They also establish the Working Capital Fund and Individual Assessments. Working Capital Fund; Initial Assessment - At the time of closing of a Lot from a Builder, the purchaser of the Lot shall be assessed the sum of $300.00. The Assessment may be used by the Association for its operating expenses unless reserved for a specific purpose. Such Assessment is not an advance payment of the Owner’s Annual General Assessment. Annual General Assessment. The Annual General Assessment exists to cover the Common Expenses of the Association. The Board, without a vote of the Owners, may increase or decrease the Annual General Assessment by an amount reasonably calculated to meet Common Expense Liability of the Association for the coming year as determined by the budget duly adopted in accordance with the Code of Regulations. The Common Expenses include (a) operation, maintenance, repair and replacement as required by this Declaration; (b) the cost of any insurance required by this Declaration; (c) reasonable reserves for contingencies and replacement; and (d) administrative, accounting, legal and management fees; and (e) all other costs and liabilities incurred by the Association in the exercise of its power and duties. Each Owner, by acceptance of a deed, agrees to pay the Annual General Assessment that shall be allocated equally to each Lot. Individual Assessment. The Association after approval by two-thirds (2/3) vote of all members of the Board shall have the right to assess an individual Lot for any of the following (including attorney fees, court costs and other expenses) for:
A lien on the property may be imposed for an Assessment levied against a Lot, for fines imposed against an Owner or Occupant, and for interest, costs and reasonable attorney fees. Personal Obligation. The Assessments, including fines, if any, payable by each Owner, together with any penalty, interest, costs and reasonable attorney fees shall be the personal obligation of the Owner of the Lot at the time incurred. The personal obligation shall not pass to any successors in title unless expressly assumed by them. Meadow Lakes Homeowners Association COVENANTS, RULES and REGULATIONS Compliance with Laws. No improper, offensive or unlawful use shall be made of the Property or any part thereof. Valid laws, zoning ordinances and regulations of all governmental agencies having jurisdiction shall be complied with, by and at the sole expense of the Owner. Permits. Homeowners are responsible for investigating and obtaining any necessary permits from the City of North Ridgeville. City permits will not be issued without proof of prior Homeowners Association approval. Contact the City of North Ridgeville Building Department at (440) 353-0822 with any questions. Animals. The maintenance, keeping, boarding or raising of animals, livestock, poultry or reptiles of any kind, regardless of number, is prohibited on any Lot except the keeping of guide animals and orderly domestic pets (e.g., dogs, cats or caged birds), is permitted. Such pets are not to be kept or maintained for commercial purposes or for breeding. No external compound cages, kennels or hutches shall be permitted. Dogs shall be kept on leashes. Owners must pick-up after their animals in common areas, on or around walking paths, or in any yard other than their own. Open Fires. Open burning is not permitted on the Property, except that outdoor fireplaces, grills, and chimneys may be used if equipped with fire screens to prevent the discharge of embers or ashes. Harmful Discharges. There shall be no emissions of dust, sweepings, dirt, cinders, odors, gases or other substances into the atmosphere (other than normal residential chimney emissions), no production, storage or discharge of hazardous wastes on the Property or discharges of liquid, solid wastes or other harmful matter into the ground or any body of water, if such emission, production, storage or discharge may adversely effect the health, safety or comfort of any person. No waste nor any substance or materials of any kind shall be discharged into any public sewer or the Surface Water Management System serving the Property or any part thereof in violation of any regulation of any public body having jurisdiction over such public sewer, or Surface Water Management System. Noise. No person shall cause any unreasonably loud noise (except for security devices) anywhere on the Property, nor shall any person permit or engage in any activity, practice or behavior for the purpose of causing annoyance, discomfort or disturbance to any person lawfully present on any portion of the Property. Parking; Vehicle Repairs. Except in connection with construction activities, trucks, trailers, campers, recreational vehicles, boats and other large vehicles may be parked on the Property only if in garages. No junk or derelict vehicle or other vehicle on which current registration plates are not displayed shall be kept upon any portion of the Property. Vehicle repairs and storage of vehicles permitted on the Property only if in garages. Recreational vehicles and boats may be parked in the driveways for a period not to exceed twenty-four (24) hours for the purpose of cleaning, loading or unloading. Signs. Except for such as may be posted by the Declarant or any Builder for sales and marketing purposes, no signs of any permanent character shall be erected, posted or displayed on any Lot. “For sale” signs, political or similar such residential purpose signs, not exceeding six (6) square feet in area may be erected, posted or displayed on a temporary basis. Door to door soliciting is not allowed unless for charitable purposes. No Trade or Business. No trade or business of any kind may be conducted in or from any Lot or Dwelling Unit except that an Owner or Occupant of a Lot or Dwelling Unit may conduct such business activity within the Lot or Dwelling Unit so long as: (a) the existence or operation of the business activity is not apparent or detectable by sight, sound or smell from the exterior of the Lot or Dwelling Unit; (b) the business activity conforms to all zoning requirements for the Property; (c) the business activity does not involve persons coming on to the Lot who do not reside in the Property; and (d) the business activity is consistent with the residential character of the Property. The terms “business” and “trade” as used in this provision shall be construed to have their ordinary generally accepted meanings and shall include, without limitation, any occupation, work or activity undertaken on an ongoing basis which involves the provision of goods or services to persons other than the provider’s family and for which the provider receives a fee, compensation or other form of consideration, regardless of whether (i) such activity is engaged in full-time or part-time; (ii) such activity is intended to or does generate a profit; (iii) a license is required thereof. The term “trade” or “business’ for purposes of this restriction shall not include the construction, operation and maintenance of any model home or homes and sales offices by any builder during reasonable hours. Trash. Except in connection with construction activities, no burning of any trash and no accumulation or storage of litter, refuse, bulk materials, building materials or trash of any other kind shall be permitted on any Lot. Trash containers (except during construction) shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained upon any Lot. Boxes are to be broken down and all items placed at the curb are to be secured so they will not be blown about the neighborhood.
Meadow Lakes Homeowners AssociationArchitectural/Design RestrictionsThe Board of Trustees has been charged with the responsibility of maintaining the aesthetic and architectural character of the Meadow Lakes Community. The purpose of the Architectural/Design Change Application is not to discourage improvements but to control the nature of improvements to those that enhance the value and conform to the overall aesthetic appearance of the Association. This control should be looked upon as a protection of your investment. The Board of Trustees and the Association Members are in favor of improvements and hope that Owners will desire to personalize their homes. Any Owner desiring to make any exterior change, improvement, or addition to his/her home or grounds (including any change in color) must obtain approval for the change or improvement via the Architectural/Design Change Application submitted to Barnett Management. The following architectural restrictions are applicable: Air Conditioning, Generator and Heat Pump Equipment. Air conditioning, back-up generators and heating equipment shall be located and screened in such a manner so as to provide minimum visual impact from other Lots. Awnings. No metal or plastic awnings for windows, doors, decks or patios may be erected or used. Canvas awnings may be used subject to approval of size, color, location and manner of installation for the particular lot is question. Basketball Hoops. Prior to installation, all plans for Basketball Hoops must be submitted for approval by the Homeowners Association. They are prohibited in the Lifestyle Section. No Basketball Hoops may be attached to the house in any way; only permanent Basketball Hoops on poles are allowed. The placement of a Basketball Hoop is to be on the side of the driveway away from the house, at least mid-way up the drive and about a foot in from the drive. Portable Basketball Hoops purchased prior to April 2008 are to be weighted down sufficiently so that they do not tip over, and are prohibited from being outside during winter months (November through March). New portable hoops will not be allowed after April 15, 2008. Decks, Gazebos and Pergolas: All plans are to be submitted for approval using the Architectural/Design Change Application process. Doors and Trim. Any replacements or color changes are to be submitted using the Architectural/Design Change Application process. Driveways. All driveways shall be paved with concrete, brick or paving stone. Entrance Structures. No additional driveway entrance structures are permitted. Exterior Lighting. Homeowners are to replace burned-out exterior lighting within seven (7) days, weather permitting, including bulbs and photo eyes. Light posts and glass fixtures are also the responsibility of the homeowner. Contact Sandusky Electric on Center Ridge Road at (440) 327-8000 for any replacement parts. Exterior Siding. No wooden sheeting materials are to be used. Fences. No fence of any sort may be erected unless and until prior approval has been obtained. The Declarant reserves the right to prohibit fences on certain Lots.
Flag Poles. All plans are to be submitted for approval using the Architectural/Design Change Application process. Front Storage. No front porch shall be used for the storage of any items except normal porch furniture. No front yard shall be used for storage of any kind, including firewood or garbage cans. Garages. A minimum two-car garage is required. No detached garages are permitted. Garbage Cans. Trash containers shall not be permitted to remain in public view except on days of trash collection. Do not store garbage cans on the exterior of the home. Boxes are to be broken down and all items placed at the curb are to be secured so they will not be blown about the neighborhood. Grills. No grills of any kind, chimeneas or fire pits are to be located in the front yard or front porch areas. Please use extreme caution since these fire sources are known to melt vinyl siding if used in close proximity. Lot Maintenance. All lots must be kept mowed and free of debris and clutter. During construction, each Owner and builder shall be responsible for keeping the streets and adjacent Lots clean and free of debris. The Declarant shall have the right to assess an Owner or Builder for the cost of mowing or clean-up in the event that the Owner or Builder fails to do so. Under no circumstances shall yard waste be dumped into ponds, public sewers or along the mounds. Place yard waste in the paper bags designed for that purpose and leave at curbside on trash day. Do not spray fertilizers or weed killers within six (6) feet of the edge of the lakes. Mail Boxes. All street mailboxes are to be metal or plastic installed atop a vinyl post consistent with the original color and design. The color is typically white for both box and post (except for East Breezeway, Greenview Trail and Overlook Way which have black metal with two boxes per post with few exceptions for single lots). House numbers are to be displayed on the mailbox or post. Newspaper boxes are recommended for flyers. Play Equipment. Play apparatus or structures shall be located to the rear of the dwelling and not located within any side or rear setback lines. Play equipment is prohibited in the Lifestyle section. Pools. Above ground and semi-exposed pools are not permitted (Covenants Sec. 9.2.15). The only above ground pools that are allowed are pools that do not exceed 12 inches in height by 12 feet in circumference and can be emptied each night and stored in your garage. In-ground pools, hot tubs or spas are allowed with approval and must be secured by a privacy fence. In-ground pools on pond lots require metal fences. Pools are prohibited in the LIFESTYLE SECTION. Radio and Television Antennas. No exterior antennas, aerials, satellite dishes, or other apparatus for the reception or transmission of television, radio, satellite or other signals of any kind shall be placed, allowed, or maintained upon any portion of any Dwelling Unit, without prior written approval. Apparatus size is to be one meter or less in diameter (3.3 feet). An antenna must be located in the rear yard or on the rear of the Dwelling Unit in such a manner so as not to be visible by a person of normal height standing at the edge of the street directly in front of the Dwelling Unit. Other locations are permitted if placement under these guidelines precludes reception of an acceptable quality signal. No location shall be permitted if installation creates a line of sight problem for drivers in the vicinity. The antenna should blend into the background against which it is mounted or be screened to reduce the visual impact. Restrictions may be imposed on methods of installation that create legitimate safety concerns. Permitted methods of installation may include reasonable height restrictions and adequate bolting and guying. Each owner shall maintain any antenna in a reasonable manner so as not to become unsightly. Each owner shall remove any antenna upon cessation of its use. None of these requirements are to be in conflict with current Federal Communication Commission’s rules and regulations for antennas. Roof Requirements. The roof and gables of each Dwelling unit shall be in accordance with the Design Guidelines per the original construction colors. Skylights. Skylights may be used on a back roof facing the rear of a lot. Other locations may be approved for a contemporary design house depending upon the design and the particulars of the lot. Use the Architectural/Design Change Application process. Solar Panels. No solar panels shall be permitted. Storage Sheds. No structure of a temporary character, trailer, or shack shall be permitted on any Lot. Construction trailers and/or storage sheds shall be permitted only during construction. No sheds are allowed on lake lots or in the Lifestyle Section. Storage sheds must have prior approval. Sheds must be located near the rear of the Lot, with a minimum of (5) five feet from the property line or any easement, shall not exceed (10) ten feet by (12) twelve feet and must be constructed of vinyl siding materials and shingles to match the Dwelling Unit (Covenants Sec. 9.2.1). The height may not exceed ten (10) feet at the peak. The shed must be at least (10) feet from the house and any other structure per City fire code. Small Storage Units. Upon management company approval, storage units no larger than 4’ H x 7’ W x 3’ D, storage boxes or seats may be placed against the rear of the house out of view from the front sidewalk. These smaller units will be allowed in the Lifestyle section. Sump Pumps. Sump pump drains and down spouts must discharge to the rear or side of the lot. Underground and Log Houses. Any underground and log structures are prohibited. Yards. Landscaping and normal lawn are required around all houses. Front yards shall be landscaped and rear yards seeded or have sod installed within ninety (90) days after closing, weather permitting. Variances. The Developer or the Board may grant variances from these guidelines if such variance will not be of substantial detriment to adjacent lots and will not materially impair these guidelines and the overall best interest of the subdivision. Right to Modify Guidelines. The Developer reserves the right to modify these guidelines, provided however, that no such modification shall be made that will materially and adversely affect the overall character of the properties as a first class development. The Design Guidelines are not part of the Declaration and can be amended by the Declarant or the Association without a vote of the Owners. There is no requirement that these Guidelines be recorded or rerecorded if amended or modified. Each Builder and Owner is cautioned to request the most current version of the Guidelines prior to undertaking any improvement. The most current version shall be on file with the Declarant and/or the Association. Meadow Lakes Homeowners Association ENFORCEMENT OF COVENANTS, GUIDELINES, RESTRICTIONS, AND RULES OR REGULATIONS Remedies for Breach of Covenants, Restrictions or Regulation. The violation of any covenant, guideline or restriction, contained in the Declaration or violation of any rule or regulation duly adopted by the Board shall give the Board the authority to enforce the covenants, restrictions, rules and regulations in accordance with this Section. Any Homeowner is allowed and encouraged to report an infraction using the Rule Infraction Report (Handbook page 16), or in the ‘Printable Forms’ section of www.meadowlakeshoa.com.
Notice and Opportunity to be Heard. Prior to any action, the Board shall give the Owner and/or Occupant reasonable notice of the violation and an opportunity to be heard. Such notice and opportunity shall not be required in emergency situations or for repeated or continuing violations. Individual Actions. Each Owner is empowered to enforce the covenants by appropriate legal proceedings or alternative dispute resolution methods. All of these actions (sending letters, following-up and involving attorneys) cost the Association money. Keep your costs to a minimum by following the HOA rules and regulations. Thank you for your understanding and cooperation. Meadow Lakes Homeowners Association RULE INFRACTION REPORTDescription of infraction: (please be specific): __________________________________ Location: ________________________________________________________________ -------------------------------------------------Office Use Only------------------------------------------------- Date Received: ______________________ Received By: ____________________________ Meadow Lakes Homeowners Association Name: ____________________________________________________________ Phone: ________________________ Instructions These instructions have been included to assist you in preparing your request. The Board meets regularly, so it is very important that they have all the required information with regard to your project when they meet. Incomplete applications may result in disapproval and a request for you to re-file your application with the needed information. Drawings are a requirement for all projects and must include a plot map (see your settlement papers, ask your builder, or the County Recorder's office). Indicate the location of your proposed addition on this map. Include a description of the addition, with accurate dimensions, specific materials to be used, colors and other design notes. Photographs, handwritten drawings, pages from catalogs, etc. are always welcome to help the Board to understand your project. Please be as descriptive as possible when explaining your improvement. When erecting a fence, it is very important to reference the property lines and build within, not on, the property line. If you have a quotation from your contractor, please include that with your application. Construction materials should always be consistent with the existing structure on your property. Please reference the type, color, size, etc. when describing the materials you intend to use. Once you have completed the application and your drawing(s), please send them to Barry Barnett, Barnett Management, Inc., 3681 Green Road, Suite 305, Beachwood, OH 44122. The Board will review your project details within a week of receiving your application and will send their decision in writing within a few days after their review. The application will be approved, denied or additional or alternative recommendations for the improvement will be requested. Please make sure that Barnett Management, Inc. has a copy of any improvement or architectural approvals you may have obtained from a previous management company. If you are unsure or unable to locate the documentation, please submit a new Architectural/Design Application after the fact so that your property’s file will be complete and in compliance. |