A Special Place to Live
The purpose of CCRs, as well as the Rules/Regs, is to ensure that this Community retains its intended character, as a Broken Top neighborhood, and to promote courteous and "good neighbor" policies among Members. Conditions, rules and regulations create "a standard" framework for all homeowners.
"The function of the Board is to maintain property values and enhance the quality of life for all homeowners through the enforcement of the By-Laws and CC&Rs of the Association."
Village Rules and Fining Policy effective Fall 2005
To All HOA Members from the Board:
The Resolutions adopted by the Board of Directors,related to Rules, Regs and CCR's are available upon request.
The RULES and REGS are reviewed here in some detail because the DRC and Board are frequently asked to explain the rules.
RULES & REGS are equally enforceable under the Planned Community Laws of the State of Oregon.
It is not the policy of the Board to weigh down the HOA with pages and pages of rules. We recognize that people have lives, children and schedules that compete for their time. The goal is the have those rules on the books that most impact the residents and Lot Owners. These rules are very, very common in HOA's and therefore, not considered particular to our neighorhood.
Additionally, many of the "rules" mirror the municipal laws, related to parking, noise, dog behavior, etc. The HOA is a "governmental body" and has the right to enforce all the Rule/Regs of the HOA, including those that correspond to the City of Bend laws.
Every effort is made to notify HOA Members when a violation is observed and to explain or answer any questions related to a violation notice. It is the responsibiliy of the Board of Directors to keep their fiduciary responsibility to enforce the CCRs for the benefit of all HOA Members. "Courtesy Notices" are the norm, but if a violation is continually ignored, fines will be imposed and a lien can be levied against a property (see Liens)in worst case scenarios. By law, the CCR's are disclosed, to all Homebuyers prior to escrow. It should not come as any surprise to a new home buyer that there are restrictions on certain behaviors in a Community Association.
Protective CCR's (historically) help maintain property values, promote courteous habits among neighbors and provide a framework of standards that a homebuyer may expect when purchasing in The Village at Skyliner Summit.
Co-operation is very much respected and appreciated by all HOA Members.
1. LANDSCAPE COMPLETION: All SIDE, BACK and, FRONT elevations must be landscaped within 6 months of closing. CCR#2(i). The definition of landscaping directly corresponds to "the standard" set by the Developer/Declarant which has been provided, to every Homeowner, on the front elevation of each home: Landscape shall mean a combination of plant material that includes turf (or drought tolerant grasses where terrain dictates), trees, shrubs and perennials. Rock may be artistically integrated into the landscape but may not be soley used as substitute for plant material. Additionally, bark dust or gravel may only be used as mulch and not as a substitute for plant material.
Irrigation to side and back yards must be considered unless the plant scheme has been designed as "drought tolerant". In this case, care must be taken to keep the plants in good condition during the hot and dry months by periodically deep-soaking the area to keep the xeriscape from dying.
All plans for back and side yards, including fencing, and exterior changes must be submitted to the Neighborhood Design Review Committee (NDRC) for approval. Plans must be submitted in writing to Village HOA/NDRC c/o Mile High Management, PO Box 9489, Bend, OR 97708
Fines will apply at the rate of $100. per month for failure to comply with this CCR. The Board has gently coaxed the Members to comply during the build out phase.
This CCR will be enforced without
exception going into 2007.
Fines will continue until the violation is corrected (see Liens).
2.CHANGES TO EXTERIORS: Lot owners who add landscape or make exterior changes (paint color, fencing, patios, hardscape, trash enclosures, remodeling additons, etc.) without NDRC review and Board approval are subject to substantial fines. Lot owners may be required to change or remove improvements made without approval.
The process for plan approval is easy and expeditious. If contracting schedules are a concern, the NDRC will call a special review to make sure your approved plans can be executed in a timely manner.
Fine: Unapproved changes $1,500.
plus additional fines, if not corrected.
Upon approval of any new exterior plans, the lot owner has 30 days to begin work and 90 to finish the proposed plans unless the plan is for the work to be done in stages (i.e. grass this year, trees and plants next year, etc. -- which would have to receive approval. If a remodeling project is submitted, a date of expected completion must be included in the plan review. Any construction lasting more than 6 months will require additional approval from the NDRC.
3. MAINTENANCE as a courtesy to your neighbors: All yards must be maintained on a regualar basis which would include watering, mowing, edging, fertilizer or mulch, compost or other dressings, weeding and general clean-up.
Exteriors must be kept in good condition. Painting, staining and other exterior maintenance issues fall under the CCR's, as well. Yards and homes in poor condition are subject to a fine of $100/month. A "courtesy notice" will be given to all HOA Members (to notify them of the deficiency) and a reasonable amount of time to deal with the problem. In the case of landscape, 10 days from notice is a typical period in which to remedy a lawn or yard problem. For larger problems, please contact the NDRC (see address under Management) to discuss more complicated repair or maintenance timelines. It is far better to make contact if there is a problem complying than to ignore the Notice...the HOA wants to work with all of its Members and to be reasonable. If you ignore the Notice, fines are more likely.
4. SIDEWALKS AND PARKING STRIPS:
City of Bend regulations apply.
Lot Owners are resonsible for repairs and upkeep.
The side walks on front elevation (corner lots have two elevations)
must be shoveled within 24 hours.
Keeping up with the shoveling is essential, otherwise, the snow gets very heavy and compressed.
Out of town landlords, please schedule a service to have this done. If your tenants agree to do this, but don't, you are responsible.
REVIEW OF OTHER COURTESY RULES
Municipal Code 5.270 tel: 693-6911
1. NOISE: Municipal rules apply;
please be courteous to your neighbors when it comes to power tools, yard equipment, motorized vehicles, as well as get-togethers. People want to have some reasonable amount of tranquil time during part of their day at home. Here are some examples of complaints that the Board has received:
-YARD WORK: Mowing lawns and edging on a Sunday morning: Please do noisy yard work on a Saturday afternoon or during weekday Business Hours.
Residents like to be able to enjoy their yards and decks at the beginnng and ends of the day or weekend without stressfull, urban noises. Remember, there are some municipalities which actually ban the use of leaf blowers, so this is not a problem for just our community, nor an isolated problem.
-SKATEBOARDS in the alleyways and front sidewalks...same applies.
-DOG BARKING: please do not leave a dog outside to disturb your neighbors. Dogs bark because they are bored, anxious, and/or afraid; neurotic barking can be dramatically helped through excercise, with at least 30 to 45 minutes a day devoted to their needs.
MOTORIZED scooters or other play equipment...this is a relatively new addition on the noise pollution list....please do not use the Village alleyways as recreational speedways or tracks. They are City Streets and the municipal laws apply.
Please talk to your gardener, tenants, children and guests about these issues.
GARBAGE CANS and Recyling Bins: these items are unsightly at best. The NDRC policy on this matter is as follows... Trash cans and bins may be put out the night before collection day, which is currently Wednesday; every effort should be made to bring in the cans and bins by Wednesday evening, or the end of the trash day. If the cans and bins are not hidden by 9:00 AM the next day, you may be subject to a Fine Notice. If trash cans become a oft-dealt with problem, a fine of $25. per day on which the cans are left out, beginning 24 hours after a Fine Notice, will be applied. If a resident, or tenant, is going to be out of town, please arrange with a neighbor or house sitter to put out and retrieve the cans on trash day. It is also recommended that an exterior trash enclosure be installed (submit plan to DRC) so that cans can be easily dealt with by a friend or neighbor.
3.BOATS/kayaks/canoes/recreational equipment and toys: Boat owners that have boats visible from the street or alley will have five days from the date of notice to find a new home for them....starting from date of Notice. Fines will be $25 per day thereafter. Fines will double if the problem is not addressed or repeatedly dealt with.
To avoid problems, and if there is room in the side yard, it is recommended that a fence with gate be installed to hide the items that are frequenty used during the season.
Fine: $25.00/day Generally, a guideline of 10 days to remove the items.
4.RV's,WORK TRAILERS: Lot owners with job trailers or recreational vehicles parked on the street or on their property (including back alley pads), or lot owners who have guests who have parked their trailers or recreational vehicles on the street or on their property, have 24 hours to load and unload them and thereafter are in violation of the CC&Rs. A fine will be imposed until the trailer or vehicle is removed.
No job or storage trailers are allowed to be parked in the Village. You will have 24 hours after a Notice to find a new home for them.
No commericial vehicles of more than 8,000 lbs. can be parked in the neighborhood overnight.
It is against the law to park a vehicle on the street to advertise "For Sale". "Abandoned" vehicles may be towed after 10 days.
5.STUFF: Lot Owners and residents are required to maintain their properties free of debris, stored junk, garden equipment such as wheelbarrows, garden carts, clothes lines, toys and misc. recreational items. It is urged that if play equipment is not in use, store it back in the garage or a fenced area. (Freestanding basketball hoops on driveways should be stored out of sight when not in use during the cold weather months if at all possible. )
PLEASE TRY TO KEEP THE "STUFF" TO A MINIMUM. AGAIN, THE GOAL IS TO PRESERVE CURB APPEAL THROUGHOUT THE NEIGHBORHOOD, NOT TO BE PUNITIVE. One man's treasure is another man's eyesore. Plese keep it reasonably tidy.
Generally, there are ten days from notice to correct a violation. Thereafter a $25 fine per day may be imposed.
6.CARS/PARKING: Cars in disrepair are not allowed to remain on the property or street for more than 48 hours...they must be moved within 2 days of a Notice. If a car is parked in the street or alley parking area without being moved, it may be deemed is "disrepair" so it is urged than any out of use vehicles be stored in the garage to avoid Notice.
Please do not park your car on the ALLEY pavement...the lanes are narrow and this presents a safety problem, not to mention an access problem for trash trucks, maintenance crews and your neighbors vehicles. The Bend Fire Dept. has made contact with the HOA on this issue...please comply without exception.
Street parking is considered temporary by the City of bend and it is requested that it not be used for permanent parking of second vehicles or auxilary vehicles (not used regularly). If a vehicle is left on the street on a regular basis without moving it, it may be deemed in "disrepair" and noticed, as above.
FINE: $25.00/day Vehicles must be moved immediately.
7. DOGS and POOP: City "regs" apply... Barking dogs and leash laws: Munipal Laws apply telephone: 693-6911 Residents must keep their dogs on leash and in their control at all times. They are required to pick up after their pets.
There is a $25 fine for each violation (off leash and not picking up poop = $50 fine); although we know that this a a hard one to enforce, if there is a complaint against your dog, there will be a fine. See Special Dog Fine.
Please do not send your dogs out to the common areas to do their business...if you are walking your dog, please BAG IT.
Special Dog Fine: If your dog destroys property or harms other pets or people, there will be a $200 fine, per incident. Please be aware that the CCR's allow for the removal of a dog that has been cited 3 or more times. Although this seems harsh, dogs that are constant problems for Members will be dealt with on a case by case basis.
Fine: per incident
8. Exterior LIGHTING: Lights must
be discreet. Please use 60 watt bulbs or less, only.
Members have complained about bright lights on all night long..
9. SIGNS: You may have a For Sale sign on the front of you property when marketing your home. For Rent signs can only appear in the front window. No For Rent signs may be placed in the front yard.
Other commercial signs are not allowed. Signage for other purposes should considered very temporary and removed as soon as possible. Example: "Wet Cement", or "Dog Fence Training" should be removed in a reasonable amount of time depending on the reason. In the case of "Dog in Training" for instance, 30 days is the maximum time allowed to display this sort of sign.
10. Village Parks Use: The Village Park is manicured and maintained for the enjoyment of all HOA Members and at considerable expense. Please keep your dogs under control. Please bring a bag for dog poop.
Children should be asked to bring their toys home with them after playing in the park. Play equipment must be disassembled and removed after use, such as croquet sets, badminton nets, etc.
The Park may be used for personal gathering. Please remove equipment, trash, etc immediately after your get-together.
No campfires or bonfires are allowed in the Park or common, and public areas.
The Park is closed to recreation and other uses after 10:30PM.
Again, the Village Park is a valuable resource for all Members to access and enjoy.
LIENS: After a Member has accumulated more than $100 in fines, the Board of Directors may,without prior notice, place a lien on the the property as allowed under the CCR's (and the applicable laws of the State of Oregon). As of August 2006, any outstanding assessments or fines in excess of $300 will automatically require a LIEN filing with the county. Any legal fees would accumulate to the homeowner. Typically, a notice to comply is issued first, with a 10-14 day period to correct the violation and pay amounts in arrears.
The Village at Skyliner Summit at Broken Top Homeowners Association
This website contains a complete copy of the CCR's for your convenience. By-Laws, Resolutions, etc can be obtained by written request.
LANDLORDS: Please be sure to inform your tenants and guests of all the CCR's and rules of the Community. You are ultimately responsible for their conduct and can be fined accordingly.
Rules and Regulations
Guide to Rules and Regulations
Administrative Fine Fee
DRC Fines and Fees
Design Guidelines Quick Review