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FAQs and Clarifications on Compliance - Page 1

from the RMHA Compliance Committee

In 2021 the RMHA Compliance Committee sent out a series of email bulletins to all homeowners that addressed areas of confusion concerning some aspects of the RMHA Covenants, Conditions, and Restrictions, which are listed below.

 

They are short, readable summaries created to help residents with interpretation of the CC&Rs, along with the related fine process.  These bulletins are not meant to be a regurgitation of the CC&Rs but were done to help owners better understand the spirit and intent. Refer to the 2015 CC&Rs on the RMHA website under Governing Documents for the complete document.

Click on any of the following subjects to view expanded information on the related regulations:

 

#1  Compliance Primer

This is a brief outline of important points to know about the rules and processes that govern our community. Every resident has the responsibility of helping to maintain the overall quality of the community. We can all do so by being aware of the rules and regulations, and by reporting a violation when we see one. Local HOAs can also identify violations and report them. Any violation reported must have documentation, including pictures, letters and / or emails where appropriate.

 

Bear in mind that there is little interest in fining someone. The preferred situation is to advise a resident of a reported violation and ask that it be corrected. Fining is a last resort.

 

NOTE: Since assuming the responsibility for community management from the developer, the Compliance committee has been working to install and publicize Rosedale’s compliance procedures and fining schedule, and has worked to address areas of confusion concerning some aspects of the CC&Rs. During that time there has been little in the way of violation-related activity that has led to fines.

 

The committee is now in the process of issuing brief notices like this one to the community concerning individual issues of concern. THESE ISSUES WILL BECOME AREAS OF FOCUS FOR COMPLIANCE ACTIVITY.

 

Here are important things to know about Compliance:

  • Rosedale is a deed-restricted community, governed in part by a set of rules and regulations (CC&Rs).

  • Every homeowner received a copy as part of their property purchase and agreed to abide by them. (A copy of the CC&Rs can be found on the Rosedale website. Please familiarize yourself with them.)

  • There is a Compliance committee that is charged with assuring consistent application of our CC&Rs but it is NOT a “police force”.

  • There is a mechanism for enforcing the CC&Rs. (The process is outlined on the Rosedale website).

  • There is a schedule of fines that can be levied against violators. (It is also on the website.)

  • A form for reporting CC&R violations to the property manager is on the Rosedale website.

  • All reported violations are logged and followed up on.

  • There is a process for appealing a fine, and an appeals committee

 

Any questions about Compliance should be directed to the Compliance committee and/or Resource Property Management, our property manager.

6/14/2021

 

#2  General Appearance of Property

This notice refers to Article V, section 23a of the CC&Rs

 

Property maintenance is every owner’s responsibility. Most property owners understand this as a matter of course but there are rules in the CC&Rs that specifically address the subject.

 

The important points to note are:

  • Owners must maintain all aspects of their property in substantially the same condition and appearance as when newly constructed

  • Any damage, deterioration or evidence of wear and tear on the exterior of any building must be repaired promptly by the owner

  • Without limitation, the owner must, in a timely fashion, remove all dirt, mildew, fungus, etc. from all exterior surfaces of the house, including

    • Walkways and

    • All other surfaces

 

The fine for failure to comply with these requirements is $50.00 per day.

 

  • A violation notice will be issued with an outline of the required remedy and a period of time provided to address the matter

  • If the problem is not addressed as required a “failure to comply” notice will be issued to the owner

  • The failure to comply” notice will state that a fine is being recommended

  • The recommended fine will accrue , beginning on the date stated in the second notice.

6/20/2021

 

#3  Lights, Lamps and Garage lights

This note refers to Article V, Section 23 b of the CC&Rs.

 

Important things to remember are:

  • All exterior light fixtures viewable from the street of the house must have devices installed and properly working to turn on at or near dusk and turn off at or near dawn.

  • Lot owner shall at all times maintain in good repair or replace if necessary all exterior lights viewable from the street in front of the house.

  • Each fixture shall have a suitable working bulb.

  • Each fixture shall have installed a bulb or bulbs with a minimum total of seventy-five (75) watts incandescent rating (or equivalent), or the manufacturer’s recommended maximum wattage.

  • The only acceptable colors of bulbs will be either white or yellow.

  • All natural vegetation near these fixtures must be kept pruned so as not to obscure light emanating from all installed fixtures.

 

The fine for failure to comply with these requirements is $50.00 per day.

 

  • A violation notice will be issued with an outline of the required remedy and a period of time provided to address the matter

  • If the problem is not addressed as required a “failure to comply” notice will be issued to the owner

  • The failure to comply” notice will state that a fine is being recommended

  • The recommended fine will accrue , beginning on the date stated in the second notice.

6/28/2021

 

#4  Vehicles Blocking Sidewalks and Parking

This note refers to Article V, section 15 of the CC&Rs

 

Important things to remember:

  • No vehicles are to be parked on any of the community’s common grounds, unless a vendor has prior approval to do so.

  • No vehicle shall be parked in the Subdivision except on a paved driveway or inside a garage.

  • No vehicle may be parked so that any part extends on or over the sidewalk.

  • No vehicle may be parked on a street ,

    • When the owner’s driveway is being replaced or repaired, or

    • When there are people attending a social function at an owner’s house.

  • Vehicles may be parked on a street

    • so long as the vehicle is parked as near to the pavement’s edge as possible, but

      • must not obstruct driveways, sidewalks fire hydrants or mailboxes, and

      • must not be opposite another vehicle.

 

The fine for failure to comply with these requirements is $50.00. Only one (1) warning will be issued: the second notice will result in the recommendation of a fine.

7/6/2021

 
 
 
 

#5  Pets

This notice refers to Article V, section 18 of the CC&Rs.

 

Common courtesy is the focus of this notice. Pets are wonderful but there are some rules that apply to them here in Rosedale.

 

Important things to note:

  • No lot owner can have more than 3 pets

  • Pets allowed outside kept on a leash

  • Pets cannot be walked or exercised on the golf course

  • Owners shall:

    • promptly remove their pet’s solid waste

    • dispose of it properly

    • DO NOT throw your pet’s solid waste in the sewer or in a pond, or in another neighbor’s trash

 

The fine for failure to comply with these requirements is $50.00. Only one (1) warning will be issued: the second notice will result in the recommendation of a fine.

7/11/2021

 
 

#6  Garbage Cans and Recycling Containers

This notice deals with Article V, section 21 of the CC&Rs

 

We’ve all seen instances where the local critters have gotten into someone’s garbage. There are rules concerning garbage cans and recycling containers.

A garbage bag IS NOT a proper container. If you are going to put your trash in a garbage bag – not in a container – do not do so until the morning of the pickup.

 

Important points to remember:

  • If garbage, recycle material or other waste is outside of proper containers caused for any reason the owner shall immediately clean up and dispose of all debris

  • No refuse of any kind may be placed outside (at the curb) prior to 6:00 PM on the day before the scheduled pickup for that type of refuse

  • All refuse containers must be returned to the interior or shielded area of the home by midnight of the date of collection

 

The fine for failure to comply with these requirements is $50.00. Only one (1) warning will be issued: the second notice will result in the recommendation of a fine.

7/19/2021

 
 
 

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