PINE TERRACE HOMEOWNERS ASSOCIATION, INC.
RULES
Effective
The
governing documents of the Pine Terrace Homeowners Association are (1)
the Declaration of Covenants, Conditions and Restrictions Affecting the Real
Property Known as Pine Terrace Phase One, recorded in Book 3830, beginning on
Page 1042 of the El Paso County records (the "Original Covenant"),. (2)
the Amended and Restated Declaration recorded at Reception No. 206093235 of
those same records (the "Declaration" or the "Covenants ")
adopted by the Board,' (3) the Articles of Incorporation and the
Bylaws of Pine Terrace Homeowners Association, Inc.; and (4) the rules
and policies adopted by the Board. These governing documents will be regarded as
controlling in the event of any conflict between the provisions contained herein
and the provisions of the governing documents.
The
governing documents were drafted for the purpose of enhancing and protecting the
value, desirability and attractiveness of the subdivision and to be binding on
and inure to the benefit of all parties having any right, title or interest in
the subdivision or any part thereof, their heirs, successors and assigns. When
buyers take ownership of their Lots, they agree to abide by the governing
documents, which, in accordance with intent of those provisions, are for their
own benefit and the benefit of their neighbors as well. Buyers should read and
review all governing documents prior to signing any contract or closing upon
ownership of a
An
owner of a Lot shall advise his or her guests, occupants, and tenants of these
Rules and any future rules, and the owner shall be responsible for compliance by
such people, including without limitation, the payment of fines and the removal
of any persons, dogs or pets from the premises if any violations occur. Any
person entering Pine Terrace shall be deemed to be aware of the governing
documents, these rules and future rules, and to agree to comply fully and
promptly with those requirements.
Please
be reminded that this document highlights many of the common issues that
surface, but is by no means exhaustive. The Board may adopt individual rules at
particular times and amend these rules and regulations from time to time. For
clarification, fuller explanation or additional information, owners and tenants
should refer to the governing documents and to the more current copies of the
Rules and Regulations. Copies of the Rules and Regulations are available by
writing to the Association at
Index:
9.
Parking Outside entry Gates
10.
Speed Limits Within the Community
12.
Junk Vehicles and Vehicle Repair
27.
Landscape Responsibilities
1.
Character
of Occupancy. The Pine Terrace
Homeowner's Association has determined to permit only single-family residential
occupancy of each residence within the community. All lots shall be exclusively
used for private residential homes and shall not be used for business,
professional, or other activities except as permitted below. No lots or homes
may be subdivided or partitioned. No tents, tree houses, barns, camping
quarters, trailers or other temporary structures shall be placed or erected upon
any lot. Each lot, improvements thereon, and the adjacent parking area shall be
maintained in a neat and attractive manner.
2.
Limited
Business Use.
No
resident may operate any business from within their property that would entail
regular and repeating visitation by customers, clients, suppliers, other
business invitees, or delivery/pickup services.
Home based businesses which comply with the above conditions and do not
interfere with the residential character of the community are permitted.
3.
Door-to-door
Solicitation. Door-to-door
solicitation of residents shall be strictly prohibited and violations of this
rule should be reported, immediately, to the Property Manager.
4.
Sales.
It is the intent of the members of the Homeowner's Association to permit
only single-family occupancy of residential improvements. As such, no
individual, corporation, partnership, estate, foundation, limited liability
company, or other type of entity may acquire any property within the community
unless the property shall be used exclusively for single family residential
purposes nor should any owner sell any property within the community to anyone
where the seller has reasonable knowledge that the anticipated usage would be
anything other than residential.
5.
Form
of Ownership.
In addition to ownership by
individuals, residences may be owned by trusts, partnerships, limited liability
companies, estates, and similar entities.
6.
Large
Vehicles.
Moving van trailers
are not allowed in the premises. Other large trucks must use the
7.
Tenants.
Owners shall have the right to rent
their property to tenants without the prior approval of the Board of Directors.
However, owners shall be limited to renting their property to tenants who have
agreed to occupy the subject property exclusively as a single-family residential
dwelling. Owners shall not rent their property to anyone where the normal
sleeping capacity of the property would be exceeded. Normal sleeping capacity is
defined as a maximum of two people per bedroom, with a bedroom defined as a room
originally designed exclusively for sleeping and containing one or more clothes
closets. Owners shall not be permitted to rent their property on a nightly,
weekly, or monthly basis. All leases and rental agreements shall be in writing.
All leases or rental agreements shall provide that the terms of the lease or
rental agreement and the tenant's occupancy of the unit shall be subject in all
respects to the rules, bylaws, and declarations, as the same may be amended from
time to time, and that any failure by such tenant to comply with the provision
of such instruments, in any respect, shall be a default under the lease or
rental agreement, and said default will be enforceable by the Board of
Directors, the Owner/Landlord or both. No lease or rental agreement shall be for
a term of less than 90-days. Any Owner's right to lease or rent is expressly
conditioned upon applicable Rules. Sub-renting or subleasing is not permitted.
Any Owner who leases or rents a unit shall forward a copy of the lease to the
Association within ten (10) days after the execution by the Owner and the
tenant/renter/lessee.
8.
Parking. The Board of
Directors recognizes that parking is a significant issue to all owners and
tenants. As a result, this Rule has been adopted to assure that parking issues
are clearly understood. The term "vehicle" as used herein may be an
automobile, motorcycle, SUV, pickup (maximum of ¾ ton - no dual wheels) or van
if used solely for personal transportation. Other trucks, boats, boat trailers,
luggage trailers, motor homes and travel trailers are not permitted within the
community. Every vehicle owned, registered to, leased by, or controlled by any
owner or tenant or guest or relative of any owner or tenant, must be garaged. No
overnight parking, regardless of ownership, will be permitted in the driveways
or on the private streets of the property except for a houseguest's car, not to
exceed one week in any one calendar month. Homeowners or tenants requiring more
than one week of parking for houseguests may apply to the Property Manager for
permission for extension of parking time and the Board of Directors hereby
authorize the Property Manager to make decisions on behalf of the Board of
Directors. The Board of Directors will consider it a violation of this parking
rule if multiple cars with identical ownership, or related ownership, are
consistently parked on the streets or driveways. Owners and tenants may, from
time to time, host social functions that necessitate the parking of vehicles on
the street near the host's residence. Owners and tenants are asked to make every
effort to ask visitors to carpool or otherwise limit the number of vehicles that
would be required to park on the street and/or to limit the time-frame of the
social gathering to not more than six (6) hours so that street parking is
limited in time duration. Domestic workers (e.g. maids or handymen) may park in
the driveway or street for up to ten (10) hours.
Notwithstanding the foregoing,
emergency motor vehicles are permitted in a home occupant’s parking area if
the emergency motor vehicle meets each of the following requirements:
a)
the emergency motor vehicle is required by the home occupant’s
employer as a condition of employment;
b)
the emergency motor vehicle weighs ten thousand pounds or less;
c)
the home occupant is a bona fide member of a volunteer fire
department or is employed by a primary provider of emergency fire fighting, law
enforcement, ambulance, or emergency medical services;
d)
the emergency motor vehicle has some visible emblem or marking
designating it as an emergency vehicle; and
e)
the parked emergency motor vehicle does not block emergency access
or interfere with the reasonable needs of other Owners or occupants to use the
driveways within the project.
9.
Parking
Outside entry Gates. The entrances into the community, known to owners
and tenants as the "lower" or "main" gate and the
"upper" gate are for exclusive entrance and exit to the community. No
parking shall be permitted outside or immediately inside any gate so as to
impede, even slightly, the access of residents into the community or around the
gate areas. The Property Manager shall be responsible for (a) advising
maintenance workers and others regarding this rule and (b) for enforcement of
this rule.
10.
Speed
Limits Within the Community. The community has adopted a speed limit of
not more than fifteen (15)
11.
Construction traffic.
Construction traffic shall only use the upper gate during daylight hours
unless otherwise instructed by the Property Manager. No construction vehicles
shall be overweight, dangerously loaded, or operated/parked in any manner to
endanger or annoy any of the residents. Any damage caused by construction
traffic, including excessive road wear, shall be the joint and several
responsibility of the driver, the vehicle owner, and the employing contractor.
Performing construction activities at Pine Terrace and driving on its private
road system shall be deemed as consent to this Rule.
12.
Junk
Vehicles and Vehicle Repair. A) Junk Vehicles…no stripped down,
partially wrecked or junk motor vehicle, or sizable part thereof, shall be
parked on any street within the community. Such vehicles may be parked on a lot
but cannot be visible at ground level from any neighboring property or street.
B) Repairs…no maintenance, greasing, service, repair, dismantling, or painting
of any vehicle shall occur in the streets or private driveways of the community.
13.
Garage Doors. Garage
doors shall be kept closed at all times, except when they are being used for
entry or exit from the garage or when the owner or tenant is in the process of
cleaning or organizing the garage. It is the intention of this Rule that garage
doors shall be closed rather than open, except when it is necessary for the
tenant or owner to perform entrance or exit and cleaning functions.
14.
Noxious Activities.
No noxious, loud or offensive activities shall be carried on from within or
outside any residence. Nothing shall be done from within or outside any
residence that would cause embarrassment, discomfort, annoyance, or nuisance to
the neighborhood. No annoying lights or odors shall emanate from any residence.
Flammable materials may not be stored in any significant quantity in any
building or improvements, including gasoline, kerosene, propane, etc. Minimal
quantities of such materials, limited to not more than one (1) two (2) gallon
container designed specifically for such flammable materials and one (1) spare
propane tank, shall be permitted to be stored but only within the garage area of
the property.
15.
Animals. Each dwelling,
regardless of the form of ownership or occupancy, shall be limited to an
aggregate of two (2) domesticated dogs or two (2) domesticated cats. Such
domesticated dogs or cats shall be limited in weight to not more than 40-pounds
each. In addition to an aggregate of two (2) domesticated dogs or two (2)
domesticated cats each dwelling shall be permitted to keep up to four (4)
domesticated birds and fish-tank fish. Fish tanks shall be limited to not more
than two (2) tanks or not to exceed more than a total of two hundred fifty (250)
gallons capacity of salt or fresh water. Domesticated birds shall be maintained
inside the residence. No other animals except as noted (dogs, cats, birds, and
fish-tank fish) shall be permitted without first obtaining written approval from
the Property Manager. The Board of Directors herewith delegates full authority
to the Property Manager to approve or deny such requests. Any decision of the
Property Manager shall be final. No animals shall be kept, bread, or maintained
within any residence for any commercial purposes. All animals must be kept on a
leash or under direct owner control when outside of the residence. No animals
owned or controlled by any owner or tenant shall be permitted to run loose. If
there are repeated violations of this Rule by any owner or tenant, then the
Property manager is hereby authorized, on behalf of the Board of Directors, to
capture and restrain such animal and enjoin the owner or tenant from keeping
said animal within the community. All owners or tenants walking pets on a leash
outside of the residence are responsible for the immediate removal of any pet
excrement that is deposited on the streets, driveways, common areas, or property
of another owner and shall carry appropriate supplies with them that will allow
them to immediate remove such excrement. Guests of owners and tenants can bring
domesticated pets, limited to two (2) domesticated dogs or two (2) domesticated
cats only, into the community for temporary visits and owners and tenants are
responsible for instructing guests regarding the animal rules and assuring that
the guests comply with such rules. Owner cannot install above ground fences nor
below ground "invisible" fences for pets.
Animal exemptions shall be covered by the Americans with Disabilities
Act.
16.
Excessive Pet Noise.
Owners and tenants residing in the community understand that pets, particularly
domesticated dogs, will, from time to time, bark and make other noises that
could be an irritant to other residents. It shall be the responsibility of all
owners or tenants with such pets, or visiting guests with such pets, to make
every effort to control pet noise. More particularly, barking after the hour of
17.
Antennas. No aerials,
antennas, satellite dishes or other devices for reception or transmission of
radio, television, or other electronic signals shall be allowed on the roof of
any building or in a common area. Owners and tenants may install, or have
professionally installed, at the user’s sole expense, solely for the
occupant’s personal use, such electronic signal capture equipment permitted by
the OTARD rules adopted by the FCC on other areas of their building. Satellite
dishes should be less than one meter in diameter and be located where a clear
signal can be obtained without further movement and where the visibility from
neighboring property or adjacent streets is minimal. Further, the Property
Manager shall see that any such equipment is painted an appropriate color so as
to make the equipment as inconspicuous as possible. The HOA accepts no
responsibility with regard to privately owned satellite or other electronic
signal receiving devises.
18.
Architectural Control.
The Board of Directors must approve all major proposed exterior changes in a
building or major proposed changes to any undeveloped lot after such proposed
changes are first reviewed and recommended by the Property Manager and the
Architectural Control Committee. Refer
to the Design Review Guidelines listed under Board Policies. The request for
approval of such matters shall be of sufficient detail, in the exclusive opinion
of the Board of Directors, as to provide the information necessary to make a
considered determination. The objective is to control the exterior appearance of
any proposed change and such approval shall not be unreasonably denied.
19.
Signs. The only signs
permitted on any lot or structure shall be a) one sign of customary size for
offering of the signed property for sale or for rent; b) one sign of customary
size for identification of the address of any residence; c) such signs as may be
necessary to advise of information, in the sole opinion of the Board of
Directors, of importance to owners and tenants, rules and regulations, or to
caution or warn of danger; and d) such signs as may be required by law. No signs
other than those mentioned above shall be permitted. No banners, streamers,
flags, lights, sound emitting devices, or other devices calculated to attract
attention or aid in the sale or rental of any property or lot within the
community shall be permitted. The Property Manager must approve signs, in
advance of installation, and the decision of the Property Manager shall be
final. Real estate signs must be gold lettering on black background not to
exceed 26 inches wide, 32 inches high. Notwithstanding
the above, one political sign (per political office or issue) of not more that
six (6) square feet per sign may be displayed in a window of a Unit forty-five
(45) days before an election and remain up for seven (7) days after the
election. An American or Prisoner of
War flag may be appropriately displayed at any time.
20.
Trash. No trash, rubbish,
garbage, or materials for disposal, including, but not limited to, grass
clippings, scrap material, shrub clippings, or receptacles therefore, shall be
displayed, stored or deposited in such a manner as to be visible, except on days
during which the refuse is being collected.
21.
Unsightly Conditions.
Each owner and tenant shall be responsible for preventing the development of any
unclean or unsightly conditions on or near their respective grounds and
improvements.
22.
Weeds and Diseased
Trees. All yards and open spaces and the entire area of every lot on
which no building has been constructed, shall be kept free from plants or weeds
which, in the opinion of the Property Manager, would likely cause the spread of
infection or weeds to neighboring property. Further, all property shall be free
from brush or other growth or trash which, in the opinion of the Property
Manager, could cause undue danger of fire. No exterior planting of trees or
plants to common areas shall be permitted without the approval of the Property
Manager. No trees shall be removed from the community without the approval of
the Property Manager. Trees infected with diseases or which constitute a fire
hazard shall be removed at the direction of the Property Manager. Owners may be
charged for such removal where, in the sole opinion of the Board of Directors,
such charge shall be appropriate.
23.
Watering. Local government
authorities may regulate watering of lawns and shrubs and other water usage by
owners and tenants and any special restrictions so imposed must be complied
with.
24.
Patios. No washers, dryers,
refrigerators, freezers, kitchen stoves, or hot tubs may be place on either any
upper or lower patio without the express approval of a variance granted by the
Board of Directors. All requests for variances should first be reviewed and
recommended by the Property Manager. Should such a variance on any item or items
be approved and then the owner or tenant must comply with any requirements
imposed by either the Property Manager or Board of Directors that relates to any
approved variance. Patios are not for storage: The Property Manager or the Board
of Directors may direct any owner or tenant to remove any item located on an
exterior patio if, in the sole opinion of the Property Manager, such item is
unsightly.
25.
Noise. No boisterous parties,
loud talking, singing or noise, especially after
26.
Committees. The Board of
Directors shall have the right to appoint and establish any committee or
committees who, in the sole opinion of the Board of Directors, are necessary or
advisable to assist the Board of Directors, Owners, and Tenants in the operation
of Pine Terrace Homeowners' Association. Membership on and service on such
committee or multiple committees shall be at the pleasure of the Board of
Directors and the Board of Directors can remove members of said committee(s)
without notice. Activities of each such committee shall be pursuant to a written
Policy or set of Rules and Responsibilities, which must be approved by the Board
of Directors.
27.
Landscape
responsibilities.
The individual homeowner is responsible for the maintenance of landscape
areas directly adjacent to any home, any plant material the homeowner has
planted and all the courtyard area. A
number of homeowners like the vines climbing on their house structures, and that
is allowed as long as the owner is willing to maintain the vines, keep the
gutters and downspouts free, and protect the house from damage or repair any
damage that does occur. However, the
Board retains the right to remove/trim any plant material not maintained, and a
charge may be made to the homeowner. The
Board will not authorize cutting of any trees to clear a view restriction.
The contractor is responsible for putting in sprinkler systems for new
homes. If the homeowner prefers, they may have a separate sprinkler system.